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Memorandum of Memorandum of UnderstandingUnderstanding

Col Rafael A Robles, CAPCol Rafael A Robles, CAPGeneral CounselGeneral Counsel

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Direct Learning Direct Learning ObjectivesObjectives

What should you take home from this topic?

You should be able to:

•Ascertain when an MOU is appropriate/necessary

•Understand what alternatives are available to obtain mission authorization

•Know what works to expedite MOU processing

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What is an MOU?What is an MOU?

Memorandum of Understanding.

“An MOU is a written agreement that establishes the basis for mutual cooperation and coordination between CAP and supported organizations and agencies.. .” (CAPR 60-3, Policy Letter – MOU’s, Section B1(6).)

Ideally, an MOU is not a "contract". That is, it creates no enforceable rights until it is invoked, such as through a request for a mission by a state agency coupled with CAP's acceptance of the mission by a wing commander or his/her representative. (Draft CAPR 111-2.)

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Why MOUs?Why MOUs?

Marketing•Missions•Grants & Allocations

Liability Protection•Air Force assigned mission (AFAM) status

Managing and Administering Operations•Facilitating the conduct of recurring missions for other organizations

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What’s Changed?What’s Changed?

Loss of MOU-created AFAM status

Especially re state missions (now corporate)

Federal MOUs•Limited (criteria unclear)•Strong favoring of Requests for Assistance (RFAs)

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Appropriate or NecessaryAppropriate or Necessary

Appropriate

“A[n] MOU is appropriate when an organization or agency has a recurring need for CAP services and support.” (CAPR 60-3, Policy Letter – MOU’s, Section B2a. (1))

“Recurring need?” Parties anticipate 12 or more missions/year. (Pending draft CAPR 111-2.)

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Appropriate or NecessaryAppropriate or Necessary

Necessary

“Every CAP wing is required to maintain a current MOU with the state in which it operates. . . . Wings that do not have a current MOU with the state must submit a

statement of reasons. . . .” (CAPR 60-3, Policy Letter – MOU’s, Section B2c.)

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AlternativesAlternatives

The sheriff wants us to fly a mission for him/her. We have no MOU with the county. Can we fly the mission?

Maybe, there may be some alternatives. He/She may:Maybe, there may be some alternatives. He/She may:•Be able to get an AFAM through Air Force Rescue Coordination Center (AFRCC) or Air Force National Security Emergency Preparedness (AFNSEP.)•Contact CAP’s National Operation Center for assistance in getting an AFAM or a corporate mission assignment.•Work with his/her attorney (county counsel?) in making a formalRequest for Assistance (RFA) of USAF or another federal agency•Have other options – any thoughts?

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Expediting MOUsExpediting MOUs

How expeditious is MOU handling?

Old: One or two months was fast

New: Two weeks is a reasonable

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Expediting MOUsExpediting MOUs

How do I ensure expeditious handling?

Use the form and be thorough in your review and employment of it

Send it electronically to gc@capnhq.gov

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Expediting MOUsExpediting MOUs

Are there some “items of special interest?”Are there some “items of special interest?”

AF requested languageAF requested language•The subject MOU is between CAP Corporation and [State Agency] and is not an agreement with CAP as the Air Force Auxiliary.•The United States Air Force has priority in the use of CAP equipment bought with appropriated funds. The priority for utilizing CAP resources is: (1) USAF; (2) Other DoD departments and agencies; (3) other Federal departments and agencies; (4) State agencies and (5) Local agencies.•CAP volunteers flying missions under this MOU are not eligible for FTCA or FECA benefits.•No Air Force Assigned Missions (AFAM) will be assigned pursuant to this MOU.•Missions flown and funded under this MOU are not eligible for payment or reimbursement from the federal government.

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Expediting MOUsExpediting MOUs

Are there some “items of special interest?”Protections of CAP & members

Tort immunityIndemnity -Who should indemnify

whom?

Workers CompensationProtection of member

Protection of CAP & state

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Future DevelopmentsFuture Developments

CAPR 111-2, Memoranda of Understanding•Definition of terms•Role of command in initiating MOUs•Distinguishing between operational and non-operational MOUs•Distinguishing between “recommended” and compulsory provisions of the regulation•Specify required content•Specify procedure

No MOUs?

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SummarySummary

MOU is appropriate where repeated missions are expected (12+ /year.)

MOU is necessary with state – regulatory requirement

MOU Alternatives•AFRCC, AFNSEP, & NOC•Request for Assistance

Expediting MOU’s•Use the form•Be thorough in your review•Transmit it electronically

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QUESTIONS?QUESTIONS?

Memorandum of UnderstandingsMemorandum of Understandings