LTC John Hughey 757 7884188 Susan Bond 757 788

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U.S. Army Cadet CommandLeadership Excellence
Starts Here
Command Judge Advocate Eastern Region
Conference December 2008
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(LTC) Kevin.Jones [phone]Susan.Bond
[phone](Chip) Charles.Meade (757)
788-3841
U.S. Army Cadet Command Command Judge Advocate

• _at_USACC.ARMY.MIL

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AGENDA

• Legal Issues - That Come Up Often
• Disenrollments - Cadets
• Contractors in the Workplace
• Ethics
• Political Activities

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Legal Issue 1
U.S. Army Cadet Command Command Judge Advocate

• Who am I today?
• Professor University
• Commander ROTC Unit
• DoA Liaison NFE

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Legal Issue 2
U.S. Army Cadet Command Command Judge Advocate

• Which checkbook do I use?
• O M - official Army expenses
• University funds provided to MS Dept
• Cadet Org Funds Cadet Org Decides

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Legal Issue 3
U.S. Army Cadet Command Command Judge Advocate

• Cadets are not soldiers
• No UCMJ authority over cadets
• No 15-6 Investigations of cadet misconduct,
  injuries, etc.
• Cadets injured in ROTC training / events are
  eligible for Federal Workers Comp and/or VA
  benefits

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Legal Issue 4
U.S. Army Cadet Command Command Judge Advocate

• Can I build a rappel tower/FLRP/O-coarse on our
  campus?
• - Improvements to real property is MILCON
• - MILCON only on military installations
• - Univ or USAR Installations, but not NG

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Legal Issue 5
U.S. Army Cadet Command Command Judge Advocate

• Can I use the 15-pax van to
• - Take my sons boy scout troop to camp?
• - Take the cadets and cadre on a rafting trip?
• - Transport cadets to military ball? Spouses?
  Dates?

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Legal Issue 6
U.S. Army Cadet Command Command Judge Advocate

• Cadre student personal relationships
• - CC Policy 10, Cadre Student Relationships
• - Covers Assigned Gold Bar Recruiters
• - No go personal relationships, e.g. are
  not all inclusive when in doubt think
  Washington Post Test and check with JAG

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Disenrollments
U.S. Army Cadet Command Command Judge Advocate

• Correct basis AR 145-1, para 3-43
• Correct forum Bd if para 3-43a(13) to (17)
• Proof of service or efforts CC Pam 145-4, para
  6-2d, Notification procedures Comply 1st time
• Document the facts
• ROTC enlistment contracts correct signed
• Endorsements
• Only reference facts in the IO or Bd Report!
• Explain basis for recommendations recoup / AD.

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Contractors in the Workplace
U.S. Army Cadet Command Command Judge Advocate

• Originally seen as limited and short-term
• - Limited number of instructors
• Now Up to 60 of units are contractors for
  indefinite period
• Issue How do we evolve command structure from a
  soldier based organization to a contractor
  supported enterprise

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Contractors (cont.)
U.S. Army Cadet Command Command Judge Advocate

• Present state Treat contractors as if they are
  some alternative form of soldier/GS
• Future state Contract-out some functions and
  maintain direct control over functions that
  cannot be performed by contractors.
• - Inherently governmental functions
• - Those functions that require constant close
  supervision

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Contractors (Inherently Govt func)
U.S. Army Cadet Command Command Judge Advocate

• May not
• Supervise or evaluate mil or civ personnel
• Make hiring decisions, approve PDs
• Make decisions for the govt
• Serve as IO/Bd member
• Make agreements that bind govt or obligate Fed
  Funds

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Contractors (cont.)
U.S. Army Cadet Command Command Judge Advocate

• Example
• APMS assigned who needs help to become effective
  instructor
• Soldier Counsel, train, mentor, motivate
• Contractor Inform contractor their employee is
  not performing adequately train or replace

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Contractors (cont)
U.S. Army Cadet Command Command Judge Advocate

• Log Tech orders supplies
• - Soldier/GS Inventories stocks, decides what
  to order, places order, receives shipment, pays
  with Impact Card
• - Contractor Inventories stock, makes
  recommendation of what to order, receives and
  checks shipment

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Contractors (cont.)
U.S. Army Cadet Command Command Judge Advocate

• Soldiers/Civilians fill billets
• Contractors perform services
• We do not manage contractor employees they are
  not our employees
• Contractor manages contractor employees!
• If contractors employees are not doing a good
  job for us, needs training, etc., contractors
  problem to solve

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Ethics
U.S. Army Cadet Command Command Judge Advocate

• Annual Training - No longer required for
  everyone but available if
• desired (online, telephonically with CJA or
  supported by local SJA)
• Gifts from sources outside of the Govt generally
  prohibited includes
• cadets and contract employees ask CJA Ethics
  Counselor for applicable
• exceptions
• No endorsement of non-Federal Entities/Private
  Organizations (e.g.
• Pershing Rifles, AUSA). Limited logistical
  support permissible (includes
• requests for PMS as speaker at events) ask CJA
  Ethics Counselor for
• parameters

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Ethics
U.S. Army Cadet Command Command Judge Advocate

• FUNDRAISING
• Cadets must run the fundraiser
• Must be voluntary
• Cadre can be present as faculty advisor and
  potential recruiter
• No fundraising in uniform but Cadet Command polo
  shirts may be worn.
• If event is a recruiting event, uniform may be
  worn
• University rules must be followed

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Political Activities
U.S. Army Cadet Command Command Judge Advocate

• Active Duty AR 600-20 DoDD 1344.10 (Officers
  10 U.S. Code 973 and Article 88, UCMJ) Civilians
  Hatch Act
• Can not use official authority or influence to
  interfere with an election, affect the course or
  outcome of an election, solicit votes for a
  particular candidate or issue, or require or
  solicit political contributions from others.
• Can not engage in political activity while on
  duty, in a Gov building, in a GOV, while in
  uniform
• Political Activity - Activity directed toward the
  success or failure of a political party,
  candidate for partisan political office, or
  partisan political group
• Report violations to Office of Special Counsel
  (civilians)
• Mandatory removal can appeal to MSPB for 30-day
  suspension in lieu of removal (civilians)

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U.S. Army Cadet Command Command Judge Advocate

• Questions Discussion