Policy Memorandum #27
Administration of Private Organizations
IMHM-MWN 12 June 2013
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: United States Army Garrison Humphreys Policy Letter #27, Administration of Private Organizations
1. The proponency for this policy is the Directorate of Family and Morale, Welfare and Recreation.
2. This policy is effective immediately. It remains in effect until rescinded or superseded.
a. DoDD 5500.7-R, Joint Ethics Regulation (JER), 30 Aug 93.
b. DoDD 1000.26E, Support for Non-Federal Entities Authorized to Operate on DoD Installations, 2 Feb 07.
c. AR 210-22, Private Organizations on Department of the Army Installations, 22 Oct 01.
d. AR 600-29, Fund-Raising within the Department of the Army, 1 Jun 01.
e. AR 11-2, Management Control, 1 Aug 94.
4. Purpose. To establish procedures and assign responsibilities for the administration of Private Organizations (POs) in USAG Humphreys.
5. Scope. These procedures shall apply to all POs operating or intending to operate on USAG Humphreys installations.
6. Concept. The consent of the Commander, USAG Humphreys, is a prerequisite for the operation of POs on USAG Humphreys.
7. Private Organization Requirements for On-Post Operation:
a. Strict compliance with the provisions of this policy and AR 210-22.
b. Operating Permit. All applications for a PO operating permit will be submitted to the Directorate of Family and Morale Welfare and Recreation Programs, and will include:
(1) A charter, articles of agreement, constitution, and by laws.
(2) Documentation defining membership eligibility (the majority of membership must be composed of DoD members and their dependents), management responsibility, accountability of assets, coverage and limitation of insurance, disposition of remaining assets upon breakup of the PO, and an assurance that no individual member of the PO will personally profit except through salary as a PO employee. NOTE: No PO will have more than four employees on USAG Humphreys.
(3) A statement of the PO's liability, if assets are not enough to cover all PO liabilities. Also, it will address the extent of the PO members' personal liability for debts of, or claims against, the PO.
c. PO operating permits must be revalidated every two years.
a. Fundraising on Army installations is governed by both the JER and AR 600-29.
b. POs will first obtain permission from the site/location point of contact (POC) and then submit requests to conduct fundraisers to the Director, Family & MWR, Financial Management Branch, Room 106, Bldg 572, Private Organizations Coordinator, at least 14 days prior to the date of the event. The request must state that permission has been coordinated and obtained by the responsible site/location POC. The point of contact for Director, Family & MWR is at 753-6096. Requests can be emailed or faxed at 031-691-0780.
c. All requests must include, at a minimum: 1) the type and location of the fundraiser, 2) that the requestor has coordinated the date and location with the senior official in charge of that location, 3) how and where the funds will be used, and 4) contact information (the name, email address and phone number of the POC). Complex or unusual fundraising events (those that are not the “basic” food sale or similar type of fundraiser) should include a detailed itinerary outlining the event’s activities and how exactly money will be raised.
d. PO fundraisers will not be conducted in the workplace or housing area and members of the PO who are on official government duty time will not conduct fundraising activities.
e. In accordance with JER, paragraph 3-211, any support by USAG Humphreys for PO fundraising events will not be approved without both the support and the event complying with all of the following provisions:
(1) The support does not interfere with the performance of official duties and would in no way detract from readiness;
(2) DoD community relations with the immediate community and/or other legitimate DoD public affairs or military training interests are served by the support;
(3) It is appropriate to associate DoD, and USAG Humphreys, with the event;
(4) The event is of interest and benefit to the local civilian community and USAG Humphreys.
(5) USAG Humphreys is able and willing to provide the same support to comparable events that meet these criteria and are sponsored by other similar non-federal entities (POs);
(6) The use is not restricted by other statutes or regulations; and
(7) No admission fee (beyond what will cover the reasonable costs of sponsoring the event) is charged for the event.
9. Director, Family and MWR Responsibilities.
a. Maintain list of operating POs.
b. Ensure all prospective POs are given copies of AR 210-22, and this policy letter.
c. Ensure all prospective and active POs are aware of their responsibilities for proper operation on-post. Ensure these responsibilities are met IAW AR 11-2, Management Controls.
d. Ensure all applications for permits meet the requirements in paragraph 7, above.
e. Ensure the POs make reports for the minutes of PO meetings and annual financial Statements (not bank statements). Bank accounts cannot be established prior to receiving approval to operate as a PO, see paragraph f below.
f. Issue permits to private organizations for operation on the installation that automatically expire two years from the date of issue. Include a statement for PO authorization to establish a checking account with the local military banking facility.
g. Audit the financial statements of all POs. Forward the reports of all POs with gross revenues exceeding $100,000 to HQDA, ATTN: DACF-RMM-M.
h. Forward an annually updated list of functioning POs to the Commander, Eighth Army and the Resource Management Office, Eighth Army.
i. Ensure POs do not engage in the following:
(1) Provide educational services or child care services.
(2) Compete with, or duplication of an Appropriated Fund Instrumentality, such as the Army and Air Force Exchange Service, a Non-appropriated Fund Instrumentality, such as a Morale, Welfare, and Recreation (MWR) establishment, or the Defense Commissary Agency, unless explicit written approval is obtained from the agency’s authorized representative.
(3) Hold carnivals, bazaars or other similar fundraising events without prior approval by the Installation Commander.
j. Process requests for permission to engage in fundraising activities and requests for installation support and services for the Commander, USAG Humphreys, in accordance with the attached enclosure.
k. Staff all requests for permits through the USAG Humphreys and Area III Consolidated Legal Center.
10. Command Staff Judge Advocate Responsibilities.
a. Review all documents for permits submitted by PO or requests for logistical support and provide a legal review when requested by the command concerning questionable PO activities.
b. Review all proposals for fundraising activities to ensure full compliance with applicable regulatory and procedural requirements. Provide written legal review before fundraising proposal is forwarded to the Commander, USAG Humphreys for approval.
11. Installation Logistical Support of POs authorized to operate on-post. Use of installation space will be granted at the Area Commander’s discretion. POs must furnish or procure equipment, supplies and other materials at their own expense.
12. Point of contact is the Director, Family & MWR at 753-6096
DARIN S. CONKRIGHT
A & B
OFFICE SYMBOL (This is your office symbol, not the DF&MWR) DATE
MEMORANDUM THRU USAG-Humphreys, Manager, Financial Management Branch, Family and MWR (IMHM-MWN-FMB) Unit #15228, APO AP 96271-5228
FOR Commander, United States Army Garrison Humphreys, Unit 15228, APO AP 96271-5228
SUBJECT: Request to Operate a Temporary Food Facility to Conduct a Fundraiser
1. Organization: (Name of Private Organization)
2. Type of Fundraiser: (BBQ, Bake Sale, etc)
3. When: (date or multiple dates)
4. Where: (exact location of event)
5. Time: (exact start and finish)
6. Purpose of Fundraiser or benefit to DOD community: (Explain how you plan to raise the money and who the money will benefit and whether the event is open to public or members only and All POs to submit the requested 14 days in advance of the fundraiser event. If you’re running late, you need to fill out the several reasons for delay)
7. Site reservation was coordinated and approved by ______________ on:
(You must coordinate with the location POC for use of any facility prior to submitting your request to conduct a fundraiser to MWR & Garrison Commander)
8. Additional Information. Include a detailed itinerary/description of complex or unusual fundraising events (i.e. event not similar to a BBQ or Bake Sale). Inadequate event description may result in a delay as the request might need to be returned to the POC.
9. Any and all individuals working behind a booth selling, preparing, and handling food will need to complete and pass a food handlers training course and must have the certificate available.
10. If approved, a copy of this request will be posted at the fundraiser site.
11. Point of contact for this event is _______________ at DSN _______________ / Cell _______________ or email at ________________________.
Name of the Private Organization