Don’t let the SCV steal your camp’s assets!

In the wake of yet another North Carolina SCV Camp being suspended and now the attempted looting of the camp’s assets by Denne Sweeney, some legal observations from a knowledgeable source might be helpful. What follow are the remarks of an attorney (and former SCV member) with regard to the legalities concerned when the SCV (Sweeney’s Collection Vultures) come knocking on your camp’s door: "If you [the local camp] are incorporated, the property [camp assets] is yours. If you are an unincorporated association (which is what you are, if you are not incorporated), the property is yours.

"Caution: If your camp's governing documents (constitution, bylaws, or what have you) provide for a distribution of assets to the SCV upon the camp's dissolution, the SCV might have "standing" to seek enforcement of those provisions in a court of law, especially if a camp member joined the SCV in bringing the lawsuit. That is not likely to happen.

"Camps are affiliates of the SCV, no more and no less. They are not divisions of the SCV, and they are not subsidiaries of the SCV. They are affiliates. And, as affiliates, they have the right to use the SCV logo and hold themselves out as "SCV" camps, so long as they comply with certain conditions. When camps don't comply, they lose the right to use the SCV logo and hold themselves out as "SCV" camps.

"But do the camps then cease to exist? No. They don't cease to exist. Their status as corporations or unincorporated associations continues. The camps that are losing their charters can go right on meeting monthly. All that is missing is a prior affiliation.

"This is not the United Methodist Church. There is no "Book of Discipline," governing the disposition of camp property. The SCV can't change its Constitution for the purpose of taking camp property.

"The SCV is like any schoolyard bully. It will keep taking the lunch money until someone says "no." Say "no." And if you have to go to court, make the most of it. Turn the case around and go on the offensive: Seek damages for the unlawful attempt to take your property.

"Question: If the SCV has a right to seize a camp's assets, doesn't it follow that the SCV has a duty to assume a camp's liabilities? Is your camp insured under the SCV's comprehensive liability policy? No, of course not. "The camps were never a part of the SCV's structure. Case closed. "One other thing: My former camp (I say "former" because I resigned from the SCV in March, after 37 years) hosted the 1997 General Convention in Nashville. I was
co-chairman.

"At the 1995 General Convention in Chattanooga, my fellow co-chairman, and I appeared before the GEC to render a progress report. At that meeting, the GEC strongly advised us to (1) incorporate the camp to shield camp members from individual liability and (2) obtain comprehensive general liability insurance to shield the camp's assets. The GEC made it clear that, in hosting the 1997 General Convention, the camp was "on its own."

"A year later, in 1996, newly elected CIC Pete Orlebeke urged me to take the GEC's advice. In early 1997, we did. We incorporated the Confederate Preservation Society, Inc., and into that corporation the camp moved all of its assets. We bought comprehensive general liability insurance, which we continue to renew, at a cost of about $1,000/year. (We haven't been spending this money to insure the SCV's assets, I assure you.)

"There was never any question that, in the event of a mishap at the 1997 General Convention, the camp would bear the brunt of any lawsuits. In fact, the camp contracted in its own name, not the SCV's name. The camp was "on its own."

"Here's the point: The SCV (GEC) underscored the independent and autonomous legal status of my former camp. It was up to us to protect our members and our assets. That's the firmly established precedent in SCV annals, and it can't be changed on a whim by tyrants."
Note: The writer ends his message with this statement: "If you know of any camp that needs a fact witness, I would be happy to provide sworn testimony through affidavits, depositions, and possibly court appearances. You are authorized to forward this message to any interested camp."
Should any SCV camp (or soon to be former SCV camp) need to contact the author of the above message, please contact Save the SCV at our email address. We will pass your information along to the right people.
Also, the North Carolina camp in question was ratted-out to Sweeney by one of its own officers. We understand that he was the ONLY camp officer still loyal to the Sweeney regime. After spending two years accusing Save the SCV supporters of being spies, the SCV leadership is using its own spies to get camps suspended.

 

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