North Dakota HB 1181 now law- Employment Protections for CAP Volunteers

[smj58501]

Folks-

The ND Wing CAP was successful in partnering with the ND Dept of Emergency Services, Adjutant General, and Officer and Enlisted Associations of the ND National Guard to pass HB 1181. This law was passed with an emergency clause, which ensured it became law with the Governors signature..... just in time for major flooding up here.

Our key to passage was partnering with other organizations with a common concern. Soldiers and Airmen were technically not protected while on state active duty, even though they have employment protection when they go overseas to war and on annual training. Since CAP in ND is aligned under the Adjutant General, and also gets called out most often to support emergencies right at home, there was a perfect fit.

The NG lobbying groups mentioned above helped, but CAP did a lot of the testifying. That had the hidden benefit of enlightening our legislators with what we do on a daily basis for our citizens. Our next step next session is to try and help out all the other volunteer emergency responders in the state.... firefighters, EMT's, etc.

I am attaching the law for your reference

[RiverAux]

Good work. 

What is with the "volunteer" member of the National Guard language?  Are they limiting this to national guard members in unpaid status?  I'm not an expert on this subject, but I've looked at a lot of different state laws relating to military issues and I don't recall ever seeing "volunteer" associated with the NG in that way. 

[smj58501]

They are still paid.

The use of the word volunteer in this instance equates to the "all volunteer" military force we have today. No one is drafted or otherwise Shanghi'ed into serving.... you choose to join. With that in mind you still get paid

[RiverAux]

They're just asking for trouble with that language despite the sentiment behind it. 

[smj58501]

Only time will tell I guess. A NG JAG helped draft it, so if it becomes an issue for the Guard than one of the folks they will call on will be one who contributed to the verbage.

CAP volunteers should be safe either way

[TDHenderson]

Howdy Major!  Things getting fired up again up there with the high water?

Glad the ghosts of Iowa could help you guys out with the law.

Trevor
Former Member, now an Auxie.

[smj58501]

Its starting again.... long week ahead I think but (hopefully) this should be the last half of a Super Bowl without a big chance for overtime.

Our members are hanging tough.... have not missed an assignment yet for lack of member availability. As of the 9th we had flown 75 sorties (primarily imagery) totalling close to 170 hrs. This law helped in many respects I think.... if for anything else in helping a member feel more confident asking for time off to serve their state in time of need.

[Gunner C]

Has there been any use of ARCHER or is this just 172/182 mission(s).  BTW, you guys are doing a heck of a job.  Truly inspirational.

[LtCol Hooligan]

I heard the archer was on its way up to fly in the near future.  Right now missions have been using the 172/182 with hi res cameras.  Here is a link to the photos: www.tinyurl.com/ND09Flood.

The imagery labeling is the longest part so far.

[smj58501]

There has not yet been a customer-defined need for the ARCHER. The closest one is in Minneapolis if we need one so it hypothetically could be available relatively quickly barring other factors