Memorandum of
Understanding
Col Rafael A Robles, CAP
General Counsel
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Direct Learning Objectives
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?
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?
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?
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 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 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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Alternatives
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:
•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 formal
Request for Assistance (RFA) of USAF or another federal agency
•Have other options – any thoughts?
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Expediting MOUs
How expeditious is MOU handling?
Old: One or two months was fast
New: Two weeks is a reasonable
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Expediting MOUs
How do I ensure expeditious handling?
Use the form and be thorough in your review and
employment of it
Send it electronically to [email protected]
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Expediting MOUs
Are there some “items of special interest?”
AF 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 MOUs
Are there some “items of special interest?”
Protections of CAP & members
Tort immunity
Indemnity
-Who should indemnify whom?
Workers Compensation
Protection of member
Protection of CAP & state
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Future Developments
CAPR 111-2, Memoranda of Understanding
•Definition of terms
•Role of command in initiating MOUs
•Distinguishing between operational and nonoperational MOUs
•Distinguishing between “recommended” and
compulsory provisions of the regulation
•Specify required content
•Specify procedure
No MOUs?
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Summary
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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Memorandum of Understandings
QUESTIONS?
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