mark 5 - spring 2010
DESCRIPTION
Publication of District 5 - United States Power SquadronsTRANSCRIPT
DISTRICT 5
A UNIT OF UNITED STATES POWER SQUADRONS®
MARK 5MARK 5SAIL AND POWER BOATING®VOLUME 59 NO. 5 SPRING 2010
Commander’s Message Cover
Meet our Asst. Secretary 2
Nominating Committee Report 3
Co-Op Charting Workshop 4
Spring Conf. Registration Forms 5-8
Ordered to SINK your boat....... 9
Wounded Warrior 10
Boy Scout Jamborree 11
Summer Cruises (North & South) 12
Summer Rendezvous 13
Biggest Little Poker Run 14
Law Committee 15
Upcoming Events 16
CONTENTS
AVAILABLE ONLY ONLINE
This is the fifth issue of the Mark 5 that has
been published so far this year. Three
issues were delivered to each members’
home via the U.S. Mail and the remaining
two issues were delivered to Squadrons via
email to the Squadron Editors. Have you
seen all five issues this year? The next
issue (the first for the 2010-2011 D/5
Bridge) will be an ONLINE Issue ONLY,
be sure to keep a watchful eye out for it.
All issues are available for viewing online
at http://issuu.com/mark_5.
Commander’s Message
D/C Ralph A. Bernard, AP
Our Mark 5 Editor recently
informed me of the timeline for my last
message as Commander of District 5.
Admittedly, I am amazed at how quickly
this year has passed. It seems as if it was
yesterday that we were at the Princess
Royale taking our oaths for this year. As
Nance will attest, it has been very busy
and we have attempted to visit every
squadron in the District. Although we
have not been totally successful to date,
we still have time! In talking with so
many members, I have found it totally
amazing how many ideas are gleaned from
friendly conversations. From my standpoint, to be able to take a little bit from
each encounter and put it all together makes all the difference. Some members
ask what the District does and its function, and I have come to believe the
biggest part of its function is to bring ideas and squadrons together, as we all
have a common goal of boating, education, community activities, and just
having fun together. Our conferences and summer rendezvous’ are evidence of
that.
I have also been reminded of the fact that nothing is ever accomplished
without the help and sacrifice of a lot of people. Our aides have been
absolutely outstanding for us this past year. Nance and I gratefully thank them
for all their assistance. Our chief aides, Bill and Donna Selden, Dick and Lee
Fuse, and Nancy Bernard have made the social aspect of this year so much
easier than we ever thought possible. Their
insight and planning of the many District social
events went off without a hitch and maybe the
real reason for that is I have been told to stay on
the sidelines. It goes without saying, my family
has been very supportive, especially Apryl
Bernard, Jacki and Tony Carugno, and, of course,
my two Musketeers and grandsons, Matt and
Rally. As for my part in conducting the meetings
for the District, my Flag Lieutenant and brother,
Dave Bernard, has been an invaluable asset to
me. He always seems to be one step ahead of me
with the many details during our meetings and
events.
Continued on page 2
DISTRICT 5 - UNITED STATES POWER SQUADRONS ® - WWW.USPSD5.ORG
2
Commander
D/C Ralph A. Bernard, AP
P.O. Box 682, Mays Landing, NJ 08330
(Absecon Island) (609) 625-0031
Executive Officer
D/Lt/C L. Chris Brown, JN
3151 Club Drive, Allentown, PA 18103
(Delhigh) (610) 433-3523
Educational Officer
D/Lt/C Walter K. Neese, SN
1432 Park Ave., Baltimore, MD 21217
(Dundalk) (410) 728-7275
Administrative Officer
D/Lt/C Bernard S. Karpers, N
1209 Brookview Rd., Baltimore, MD 21286
(Dundalk) (410) 825-6829
Secretary
D/Lt/C Guy B. Thompson, AP
14226 - 11 Jib St., Laurel, MD 20707
(Patapsco River) (301) 498-6653
Treasurer
D/Lt/C Milton Cloud, AP
2206 Raymond Ave., Richmond, VA 23228
(Richmond) (804) 266-3252
Asst. Educational Officer
D/1st/Lt William J. McManimen, N
1219 Lois Rd., Ambler, PA 19002
(Pennsway) (215) 542-9253
Asst. Administrative Officer
D/1st/Lt James A. Gorman, AP
10013 Biscayne Lane, Damascus, MD 20872
(Potomac River) (301) 253-5050
Asst. Secretary
D/1st/Lt Maryellen Colston, AP
307 Piney Forest Dr., Colonial Beach VA 22443
(Mid-Potomac) (804) 224-1069
Asst. Treasurer
D/1st/Lt Charles (Chip) F. Yost, AP
14001 Parkvale Rd., Rockville, MD 20853
(Rockville) (301) 460-2681
2009 - 2010 District 5
Meet Our New
Assistant Secretary
This past year has been a fantastic experience for not only Nance and I,
but for my entire family. We have met outstanding people all across the country,
but most especially in District 5. With every part of good news, there is always
sad parts, especially in the passing of Alicia Wilmot and Merilyn Wright, who
have left us to be in a better place. They were both very good friends and we will
miss them terribly.
If you feel this has been a successful year, then the credit goes to the
membership of District 5, for without them nothing else matters. We are the best
District in USPS and that has been consistently reinforced during all of our
travels. Thank you for allowing me to steer the ship for the past year, but nothing
was possible without the tremendous crew of District 5, which I humbly
appreciate and thank. Let’s continue to be the best among all others. See you at
the Clarion 25-27 March 2010 for the Spring Conference and Change of Watch.
Hello, my name is Maryellen
and I am easily recognized as the only
female on the current Bridge. I am a
private woman who likes to work behind
the scenes. And that is why, being the
assistant secretary works well for me.
While most of my work involves the
development of the District Roster for
the oncoming year, I will also be
manning the Registration desk. I will be
seeking to know the person behind the
names I data enter so please make sure I
meet you at the various district
meetings.
Who Am I? I am a wife of one,
mother of five, grandmother of ten and a
great grandmother of one and a nurse
who works in research of prostate
cancer. I am a member of the Mid-
Potomac Power Squadron, serving as
the Coop Chair. I am a firm believer of
the goals of USPS.
I am an avid boater who enjoys navigating with pencil and paper. My
relationship to USPS goes back in to the mid-seventies when Jim and I boated on Lake
Erie. Then as time moved on, we expanded our on-water experiences in Florida with
both inland (with the alligators) and tidal waters.
Our current boating waters include the lower Potomac and the Chesapeake
Bay which we move around on with our Cruisers 340 Express. I like speed and JM
Star Gazer gives us plenty of that. She also gives us the ability to watch the stars at
night. Hence the name.
Another side of me is that this winter and the coming spring, I’ll be in
treatment for breast cancer. I am under going chemotherapy which will be followed by
surgery and then radiation treatments. And through it all, I will proudly continue to
serve on the D/5 Bridge. So make sure to stop by at Spring Conference to say hello.
I’ll be easily identifiable as the only bald-headed woman there.
Continued from page 1
BOATING IS FUN... WE’LL SHOW YOU HOW!
3
10 December 2009
From: Chairman, District 5 Nominating Committee
TO: District 5 Secretary
Copy to: District 5 Commander
Subject: REPORT OF THE NOMINATING COMMITTEEIn accordance with Section 2.9.1 of the District 5 bylaws, the Nominating Committee recommends the
following members for the elected officer and elected committee positions for the year 2010-2011.
ELECTED OFFICERS
Commander D/Lt/C L. Chris Brown, JN Delhigh
Executive Officer D/Lt/C Bernard S. Karpers, N Dundalk
Educational Officer D/Lt/C Walter K. Neese, SN Dundalk
Administrative Officer P/C Joseph J. McKinney, JN Rockville
Secretary D/Lt/C Guy B. Thompson, AP Patapsco River
Treasurer D/Lt/C Milton Cloud, AP Richmond
Asst. Educational Officer D/1st/L William L. McManimen, N Main Line
Asst. Secretary D/1st/Lt Maryellen Colston, AP Mid-Potomac
Assistant Treasurer Officer D/1st/Lt Charles (Chip) Yost, AP Rockville
Asst. Administrative Officer D/Lt M. Melvin Shralow, AP Delaware River
ELECTED COMMITTEES – NEW MEMBERS OTHER MEMBERS WILL REMAIN
AUDITING for 3 years P/D/Lt/C Carole Tulip, JN Annapolis
NOMINATING for 3 years D/C Ralph A. Bernard, AP Absecon Island
for 3 years D/1st/Lt James A. Gorman, AP Potomac River
for 1 year P/C Carole Reilley, AP Delaware River
RULES for 3 years Cdr Helen M. Kelley, P Northern Neck
PLANNING for 3 years Cdr Anthony Brown, P Potomac River
for 3 years P/C Joseph Gibson, AP Rockville
In accordance with section 6.1 of the District 5 bylaws, additional nominations may be made by
written petition signed by ten members from at least three different squadrons and submitted
to the District 5 Secretary at least fifteen days before the election, which will be the date of the
District 5 Spring Conference.
Respectfully submitted,
P/D/C Kathryn J. Simkins, AP
Nominating Committee Report
DISTRICT 5 - UNITED STATES POWER SQUADRONS ® - WWW.USPSD5.ORG
4
33rd Annual Coop Charting WorkshopThe 2010 NOS-USPS Cooperative Charting workshop will be held at the Atlantic Marine Center,
Norfolk, VA, on the weekend of April 30 and May 1. This will be the 33rd joint NOS and USPS
annual workshop. Like last year, it will feature a dual-track training approach wherein one track
will emphasize the non-technical cooperative charting activities and the second track will
emphasize depth surveys. Both tracks will cover planning an outing, data gathering requirements,
data collection, and submission of a report using CCWeb (Cooperative Charting Website).
When asked about the value of USPS cooperative charting efforts, Douglas Harpine, Senior
Cartographer, Nautical Chart Branch, NOAA responded saying, “If we didn’t do the work, the work
would not get done.” Cooperative Charting is an area where USPS can make a difference in the
safety of all recreational boaters.
Plan on joining us Friday evening for the traditional kick-off reception at the Governor Dinwiddie Hotel located in
downtown Portsmouth, VA. See attached registration form. Saturday morning we will gather at the NOS facility in Norfolk (a short
drive across the river) to begin a day full of fun and learning.
For the traditional, non-technical, cooperative charting activities, the workshop will cover all the required updates to Coast
Pilot books, nautical charts, small craft chart and facility updates. Emphasis will focus on entering your report into CCWeb.
For those wanting a more dedicated and hands-on experience in using Depthwiz and entering data into CCWeb, the
Depthwiz track is designed for them. In this track, route planning, equipment set-up, running the route, and data preparation for
submission will using CCWeb will be discussed.
Bring a friend or a new member. Cooperative charting is something you can do year-around and a squadron activity anyone
can do immediately after becoming a member.
See you there.
Steve Leishman, District 5 Coop Charting Chairman
BOATING IS FUN... WE’LL SHOW YOU HOW!
5
Join District 5 at the Clarion Resort
Fontainebleau Hotel in Ocean City Maryland
as 2009-2010 Bridge “Lights the Way” out
and the 2010-2011 bridge shows that
“Nun Can Do Better As We Navigate the Future.”
Come celebrate the ending of D/C Ralph Bernard’s
term and welcome in D/Lt/C Chris Brown and his
bridge.
Chairman D/Fl/Lt David Bernard and Absecon
Island Power Squadron are working hard to insure
your experience is one of the best.
Friday night’s hospitality suites promise to be as
good as ever. The location may change but the ideas
keep flowing.
Saturday brings seminars for one and all. See the
agenda inside this
issue for the listings.
These seminars are
great for incoming
officers to help them
get a jumpstart on the
year. There are also
seminars for
committee members
such as membership,
publications, etc.
Why not attend the
luncheon and
socialize with friends
and make some new
ones.
Saturday night’s banquet promises to be one of the best.
We guarantee there will be plenty of room for everyone.
Sunday will bring the chance to meet the new 2010-
2011 District Commander, Chris Brown and his new
bridge.
Make your reservations now; the forms are included in
this issue as well as online at www.uspsdr.org.
Don’t forget to reserve your hospitality suite. There is
only one Cabana room left at this point, but there are
still others located near the elevators on each floor.
Please contact the
hotel directly if you
want to reserve a
suite. If you would,
please also drop me a
line that you have
reserved your suite.
You can e-mail me:
Thanks. Looking
forward to seeing
everyone there.
Cdr. Apryl Bernard, P
– Absecon Island.
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A reminder to attend Spring Conference and purchase your tickets to win the
IPOD that Seavester won in the National Safe Boating Contest this past summer.
Proceeds from this raffle will go to the Seavester operations fund.
DISTRICT 5 - UNITED STATES POWER SQUADRONS ® - WWW.USPSD5.ORG
8
BOATING IS FUN... WE’LL SHOW YOU HOW!
9
Picture from the Fishbones while underway showing
the gap that resulted when the bolts sheared from the
transom.
In response to D/Lt Dwain Rodman’s article,
“How do you tell your Insurance Company that
you were ordered to sink your boat?”, that was
published in the Winter Online 2009 Edition of
the Mark 5:
The Coast Guard wanted everyone to know that
this was a decision that was not arrived at lightly
and took into consideration many mitigating
factors. Some of the additional factors that were
taken into consideration included: the safety of
personnel ashore, the safety of personnel near
shore, the safety of the boating public in the area,
the safety of those driving on the Lesner Bridge,
and the effect it would have on marine traffic in
the area.
After all things were considered, the Coast Guard
determined that the safest approach was to allow
the boat to sink where it was located off of
Lynnhaven Inlet. Six people were rescued from
the sinking boat. As of 12/24/09 the Coast Guard
is still in legal discussions with the owner of the
Fishbones as to the final outcome of their decision.
If you are interested in reading more on this topic,
you can Google “boat sinks off of lynnhaven inlet”
and you will find additional information from the
Coast Guard Captain involved, the Captain of the
stricken vessel Fishbones, along with information
from all those that came to their aid.
DISTRICT 5 - UNITED STATES POWER SQUADRONS ® - WWW.USPSD5.ORG
10
WOUNDED
WARRIOR
FISHING
PROJECT
This public relations and
community service program was
developed to help with the
rehabilitation of wounded
soldiers returning from Iraq.
On 20 June, Rusty and
Shannon Woods hosted four
wounded /on medical leave
soldiers from Fort Eustis on
their boat, The Weekend
Hooker, for a cobia-fishing trip
to Bluefish Rock. Although no
cobia was caught that day, just about every other kind of fish you find in the Bay managed to be landed by the
soldiers. They caught fish steadily throughout the day, whuch included flounder, spot, croaker, whiting,
stingrays, puffer-fish and blues. Although the weather was very hot, everyone had a great time and enjoyed the
day. The soldiers all said that they had been looking forward to the fishing trip for weeks and were so glad that
they were able to go. Rusty and Shannon were so pleased to have been able to offer their boat for the expedition
and were delighted that the soldiers had fun, caught fish and just enjoyed a great day on the Chesapeake Bay.
On Saturday, 1 August, we hosted three wounded soldiers from Ft. Eustis. On our boat for an amberjack
fishing trip to the Alpha Tower off the coast of NC. The trip out to the Tower took about 3 ½ hours from Salt
Ponds Marina. We started fishing around 1015 and had our first Amberjack on the boat around 1030. The
fishing went on for three intense hours. We caught our boat limit of 12 Amberjack, ranging from 39" to 47"
with the last being, just 3" shy of a Citation. We headed home at 1400 and got into Salt Ponds Marina about
1715. After some picture taking, the real work began…cleaning the fish! After approximately four hours, they
were all cleaned, cut into steaks and put into zip lock freezer bags. The soldiers had bags and bags of fish to
take home and two Amberjack were even taken home whole, for wall mounting and bragging!
These soldiers ranged in age from 24 to 47 and all were injured in Iraq. They reeled in their fish like
pros and we were so proud of them. They all told us that this trip was the most fun that they had ever had. They
also said that even though we tried to describe how the day would go and what catching the fish was like, none
of them was prepared for the fun and challenge that was in store for them. They all hugged us upon catching
each of their fish and that made all of the work and effort totally worth it!
“I would love to encourage anyone with the time, boat and inclination to participate in this program”,
said Shannon Woods. “As is usual, you begin doing something like this in order to be a blessing to someone
who might need your support and love. However, the blessing you receive from those you support is so much
greater than what you give. What an honor to be able to do something fun for the soldiers who
fight to keep us free and safe. We are so happy to be able to meet this need!”
Wounded Warrior Program Amberjack trip on 8/15/09 with four soldiers from Ft. Eustis.
From the port side – Rusty and Shannon Woods, Chairmen of the project and Jay Staup
of Colonial. The others are the wounded Iraq soldiers – (do not have names)
Written by: Shannon Woods
BOATING IS FUN... WE’LL SHOW YOU HOW!
11
Greetings to all of District 5. Perhaps you have heard that USPS/ District 5 will be involved (as in the
year 2005) with the National Boy Scouts 100th ANNIVERSARY JAMBOREE at Fort AP Hill Virginia –
26 JULY THRU 4 AUGUST 2010. This will be the last year the Jamboree will be held at the Fort.
I have been asked to seek and coordinate the volunteers of District 5.
P/R/C Roberta Dougherty sent me the APPLICATION form - well, close to it.. One current
drawback is the $35 / day required to participate as shown on the form. There are initiatives underway
to seek a waiver or a grant to offset this financial requirement. However, I do want to get the process
started and it is only fair to let folks know of the “current rules”.
If we can get volunteers to put the date/dates of their involvement on their calendars, we are off
to a great start.
There are many facts/ planning considerations still underway. I will keep all advised of those
developments reported to me as time goes by.
What I ask now is that Squadron publications / the Districts outstanding Mark 5, District Bridge
and committee members, the Esteemed Past Commanders, and others put the most positive enthusiasm
behind our support for this event… your own early volunteering would provide a firm base and
incentive for others to add their names.
Thanks…
Proud to be District 5
J. Brian Becker
410-442-1230
DISTRICT 5 - UNITED STATES POWER SQUADRONS ® - WWW.USPSD5.ORG
12
2010 D/5 Summer Cruise – Northbound
Frank Hudson and Bob Beltz, of Colonial Sail & Power Squadron (CSPS) will be the
coordinators for the upcoming 2010 D/5 Summer Cruise, for the Southern Group heading Northbound.
We’ve included these Squadrons as part of the Southern Group:
Colonial Northern Neck
Elizabeth River Rappahannock
Hampton Roads Richmond
Mid-Potomac Smith Mountain Lake
Nansemond River Virginia Beach
We may also again invite District 27 from North Carolina to join our cruise. Smith Mountain Lake is a
new addition to the cruise list this year, and we look forward having your members in the cruise with us.
Together, Bob and I will create a cruise plan for the Southern Group to join together in the 2010
D/5 Summer Cruise heading to the Summer Council in Solomons Island, MD, during 6-12 August
2010. We understand that some Squadrons have already started planning for this Cruise. If so, please
send us your information as we would like to match our plans with yours, if possible. We hope that all
the Squadrons in the southern end of District 5 can join in as one big fleet of boats.
The Southern Group has also been invited to join the Northern Group at Knapps Narrows, MD
so that the entire D/5 fleet can enter Solomons Island as a fleet. This idea will be considered in our
planning.
Frank Hudson, Jr, D/Lt
D/5 Cruise Coordinator
Southern Group
2010 D/5 Summer Cruise - Southbound Itinerary
August 6, 2010 Friday Great Oak Landings (either anchor out or stay in the Marina)
August 7, 2010 Saturday Great Oak Landings (either anchor out or stay in the Marina)
August 8, 2010 Sunday Inner Harbor East (Baltimore)
August 9, 2010 Monday Inner Harbor East (Baltimore)
August 10, 2010 Tuesday Knapps Narrows Inn & Marina
August 11, 2010 Wednesday Knapps Narrows Inn & Marina
August 12, 2010 Thursday Solomon Island (Summer Rendezvous)
August 13, 2010 Friday Solomon Island (Summer Rendezvous)
August 14, 2010 Saturday Solomon Island (Summer Rendezvous)
August 15, 2010 Sunday Homeward Bound
BOATING IS FUN... WE’LL SHOW YOU HOW!
13
D/5 Summer Rendezvous
12-15 August 2010
Attention Summer Cruisers, D/5 Summer Rendezvous 2010 will be held in Solomons 12-15
August. Please take note of the date change to the customary Summer Rendezvous scheduled for 2010
and put it on your calendar.
Patuxent River will be our host Squadron and they invite you to join them for a weekend full to
the brim of fun, food and friends. Friday evening we will gather at the Drum Point Lighthouse for
cocktails and a barbeque feast catered by District 5’s own P/C Joe Hultman, AP.
It wouldn’t be a D/5 Summer Rendezvous without the traditional Flag Raising. So dig out those
summer whites and join the D/5 Bridge, Color Guard and Squadron Commanders at the Solomons Island
Marine Museum for the flag raising and the Summer Council Meeting immediately following in the
museum auditorium.
In addition to our traditional Navigation Contest, we would like to continue the potato cannon
competition and conch blowing contests brought into play by D/27 while crossing paths in 2009. Bring
your dinghy or your comfortable walking shoes for a dinghy and/or a walking poker run.
Be sure and sign up for the tour of Sotterley Plantation, the only remaining Tidewater Plantation
in Maryland that is open to the public. Older than Mount Vernon, older than Monticello, older than the
nation itself, Sotterley Plantation stands majestically on the banks of the Patuxent River. You will cruise
to the Plantation pier for a guided tour and enjoy lunch aboard while returning to Solomons. Space is
limited, first come, first serve.
The 2010 Summer Cruises are already in the planning stages. There will be a Northbound and a
Southbound cruise that will
meet and arrive in Solomons on
Thursday. Take this opportunity
to cruise with your USPS
family. Check the D/5 website
for more details on the various
cruise groups.
Plan to come out for a great
weekend! If you can’t make it
by boat, plan to come by car. A
block of rooms has been
reserved at the Holiday Inn
Select Solomons, where you
will find the registration table,
raffle and the finale of the event
our Awards Dinner. Great time
for the whole family is
guaranteed!
Our biggest little poker run ever will take place on Saturday, 17 April 2010 and the fun will runfrom 1000 until 1600 that day. The poker run serves the dual function poker run and a fund raising“walk on water” benefiting the Virginia Institute for Marine Science (VIMS) a major force in working tosave our Chesapeake Bay. You can enter a dinghy or kayak or Jet Ski or any craft and registration isjust $20.00. You then solicit donations to support your entry with all proceeds going to VIMS. You oryour club or group can, if you would rather, rent a table to be set up all around the basin at Salt PondsMarina and sell chili or nautical junk or promote your club, all benefiting VIMS and supporting allprograms that support our Bay and Coastal waters. The event will take a course thru protected waters to five local area marinas. Salt PondsMarina, Southall Landing Marina, Bell Isle Marina, Wallace’s Bait and Tackle Shop and DandyHaven Marina, all which are located in Hampton, VA. You can sell ads you wear or signs you displayon your boat. You can sell the products of your sponsors, all in good fun and all to benefit VIMS. Wehope to pit dock against dock, marina vs. marina, fraternity vs. sorority all in support of ourChesapeake because VIMS truly is a great way to support the Bay. For information on registration,VIMS or the organizing sponsor Colonial Sail and Power Squadron, contact Bill Walsh with Colonial.757-890-0636 (office) 757-880-8820 (cell) or [email protected].
Thanks -- Bill Walsh, Public Relations, Colonial Sail and Power
Biggest Little Poker Run
BOATING IS FUN... WE’LL SHOW YOU HOW!
15
Mark 5 Staff
Editor
D/Lt Thomas Reichard, AP
1205 Elverton Ct.
Chesapeake, VA 23321
(Hampton Roads) (757) 465-1531
Staff
D/Lt Gail W. Becker, S (Patapsco)
D/Lt Walter D. Lazear, AP (Northern VA)
D/Lt Micky McNelis (Dundalk)
Photographers
P/D/C Arlene Anderson, AP (Hampton Roads)
D/Lt Michael Lebeduik, III, P (Delhigh)
D/Lt Sharen Reichard, P (Hampton Roads)
Advertising
D/Lt Jack Yeigh, AP– Chairman
317 Columbia Lane
Stevensville, MD 21666
(Kent Narrows) (410) 643-2106
P/D/C William Selden, V, AP
(Richmond)
Official Publication of District 5
United States Power Squadrons®
Published Six Times Annually
(three printed - three online)
Deadline for:
Spring (Online) 2010 is March 29, 2010
Summer (Print) 2010 is April 24, 2010
Articles, opinions and advertisements do
not necessarily reflect USPS policy or
endorsement unless so designated.
In the course of our
discussions relating to
insurance, the topic of releases
is raised regularly. Our D5 Law
Committee is working on a
prototype release to be used by
our squadrons and the District,
but the actual format to be used
in a given situation depends on the law of the state in which the event is
to be held for which releases are requested. So we need members
from all our constituent jurisdictions to evaluate the prototype and adjust
it to the local law.
In addition dealing with the law of each state, it is important to
understand the limitations inherent in releases given in advance of an
event.
Many believe that the primary effect of such releases is the
deterrent it provides to a potential claimant. People may believe that
having given a release, there is no point in making a claim even if that
person has been injured or suffered property damage in the course of
the event that led to giving the release. If that is so, then the squadron
or district has achieved the purpose for which the release was
requested.
But if the potential claimant consults an attorney, he or she will
soon learn that such a release will not be an automatic bar to a
legitimate claim (yes, I know that there also are claims made that are
not legitimate, but there is nothing we can do about that). For one thing,
there are numerous circumstances in which the law will not permit a
party to waive his or her rights in advance of suffering harm, again
depending on the law of each jurisdiction. As an example, most
jurisdictions hold that a pre-release will not be effective against claims of
gross negligence (as opposed to ordinary negligence – don’t ask what
the difference is) or intentional wrongdoing. Therefore a properly drawn
complaint in the situation in which there is a release will allege gross
negligence or intentional wrongdoing. Whether or not the allegations
can be proved, the complaint survives. Since a release generally is a
matter of defense, the defendant is required to file an answer in which
the release is raised as a defense to the claim. So whether or not there
is a release, you are in a lawsuit and will incur all the costs and
inconveniences of defending, unless you have proper insurance. One of
the most important functions of insurance is to provide legal
representation against claims covered by the policy.
Most organizations, our District and squadrons included, feel
more comfortable with releases for events, so we will provide assistance
whenever asked. But be forewarned – in the end the release may not
provide the protection you hope for.
District 5 Law Committee
D/Lt M. Melvin Shralow, AP, Chair
610.642.5651
Notes and News from the
D5 LAW
COMMITTEE
DISTRICT 5 - UNITED STATES POWER SQUADRONS ® - WWW.USPSD5.ORG
16
D/Lt/C Guy B. Thompson, AP
District 5 Secretary14226 - 11 Jib St.Laurel, MD 20707
DATED MATERIAL NON-PROPHIT ORG
U.S. POSTAGE PAID
EASTON, MD
PERMIT NO. 81
5
Return Service Requested
February 02 - 07USPS Annual Meeting
Disney’s Coronado Spring Resort
Disney World, Orlando Florida
March 26 - 28D5 Officer Training / Spring Conference
Clarion Hotel
Ocean City, MD
Hosted by Absecon Island
April 30 - May 02Co-Op Charting Workshop
NOAA Atlantic Marine Center
Norfolk, VA
Hosted by District 5