"Capt Lou" wrote in message

As an auxiliarist doing patrols, teaching safe boating classes, vessel
exams,
etc!

No, Lou, I mean in what context, on what documents, have you been defined as
an employee? I've seen nothing official in that regard.

At my flotilla meeting, I was told by the former National Legal Officer that CG
auxiliarists are no longer civilian volunteers.
I was kind of taken aback by this so I asked "what are we then?" His answer to
me was "employees." I was kind of shocked!

I then went home to review the Auxiliary's web site, and although it still
claims in its history section that the Auxiliary is made up of volunteer
civilians, the new Homeland Security background form that must be completed
clearly asks for your CGAuxiliary employee number:

This is what the form reads:
"You will be asked for several peices of information in order to activate your
account:

Your seven (7) digit Auxiliary Employee ID.

This is not your old member number (which are now obsolete), and does not
contain any unit number. Your Employee ID can be found on your new member card.
Your Employee ID will act as your login username for the eDirectory, so it is a
good idea to have it memorized."

"If you are unsure what your Employee ID or Zip Code is in AUXDATA, consult
your FSO-IS. We can not give out this information for security purposes."

Furthermore I found the following langauge in the latest CGAuxiliary Manual:

"A member of the Auxiliary while assigned to duty shall be deemed to be a
Federal employee for the purposes of the following:

(1) Chapter 26 of title 28 (popularly known as the Federal Tort Claims Act).
(2) Section 2733 of title 10 (popularly known as the Military Claims Act).
(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; popularly known as the
Public Vessels Act).
(4) The Act of March 9, 1920 (46 App.U.S.C. 741-752; popularly known as the
Suits in Admiralty Act).
(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly known as the
Admiralty Extension Act).
(6) Other matters related to noncontractual civil liability.
(7) Compensation for work injuries under chapter 81 of title 5.
(8) The resolution of claims relating to damage to or loss of personal property
of the member incident to service under the
Military Personnel and Civilian Employees' Claims Act of 1964 (31U.S.C. 3721).
(c) A member of the Auxiliary, while assigned to duty, shall be deemed to be a
person acting under an officer of the United States or an agency thereof for
purposes of section 1442(a)(1) of title 28.

Now what do you think?

"Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every
Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at
www.959watd.com or if you are in Boston or Cape Cod set your radio dial to
95.9FM.

Capt Lou wrote:
At my flotilla meeting, I was told by the former National Legal Officer that CG
auxiliarists are no longer civilian volunteers.
I was kind of taken aback by this so I asked "what are we then?" His answer to
me was "employees." I was kind of shocked!

I then went home to review the Auxiliary's web site, and although it still


Then you should quit in protest.

Funny thing, after 25 years of volunteering my time and boat to the auxiliary,
I am now seeking retirement status. If they don't know who I am by now, what
does that tell you? I know we are at war, and must be forever vigilant, but
let's exempt those who have been involved for so long. Do it to the new people,
but not us "veterans."

I understand that 40 per cent of the auxiliary membership in my Division feels
the same way and has failed to return the latest security paperwork. They do
not want to subject themselves to fingerprinting, background checks, credit
checks, or passing gas or whatever.

The Auxiliary is supposed to be made up of civilian volunteers who teach safe
boating and do safety patrols with their boats.

"Listen to the live broadcast of 'Nautical Talk Radio' with Captain Lou every
Sunday afternoon from 4 - 5 (Eastern Standard Time) on the web at
www.959watd.com or if you are in Boston or Cape Cod set your radio dial to
95.9FM.

"Capt Lou" wrote in message

"A member of the Auxiliary while assigned to duty shall be deemed to be a
Federal employee for the purposes of the following:

(1) Chapter 26 of title 28 (popularly known as the Federal Tort Claims
Act).
(2) Section 2733 of title 10 (popularly known as the Military Claims Act).
(3) The Act of March 3, 1925 (46 App. U.S.C. 781-790; popularly known as
the
Public Vessels Act).
(4) The Act of March 9, 1920 (46 App.U.S.C. 741-752; popularly known as
the
Suits in Admiralty Act).
(5) The Act of June 19, 1948 (46 App. U.S.C. 740; popularly known as the
Admiralty Extension Act).
(6) Other matters related to noncontractual civil liability.
(7) Compensation for work injuries under chapter 81 of title 5.
(8) The resolution of claims relating to damage to or loss of personal
property
of the member incident to service under the
Military Personnel and Civilian Employees' Claims Act of 1964 (31U.S.C.
3721).
(c) A member of the Auxiliary, while assigned to duty, shall be deemed to
be a
person acting under an officer of the United States or an agency thereof
for
purposes of section 1442(a)(1) of title 28.

Now what do you think?

I made reference to this in my response above to Gene, when I said "...There
are some few and intermittent times and circumstances when an Auxiliarist
may be treated by the CG in the same manner as a regular CG member..."
There's nothing new in the quote above, but they've apparently codified the
status of Auxiliarists while operating under orders, for purposes of
liability coverage. The CG lawyers have been batting this conundrum about
for about three years now. Apparently, this is their solution. They
consider us "employees" for purposes of liability coverage when we operate
under orders. Maybe housing and exchange privileges are next.

It looks like they have simply extended sovereign immunity to you so you can't
get your ass sued off if you screw up on patrol.
Thank them and move on.

The state of Florida did the same thing for some of their code enforcement
contractors. It didn't make them employees.

On Fri, 09 Apr 2004 16:30:16 +0000, Capt Lou wrote:

At my flotilla meeting, I was told by the former National Legal Officer that CG
auxiliarists are no longer civilian volunteers. I was kind of taken aback by
this so I asked "what are we then?" His answer to me was "employees." I was kind
of shocked!


I'd be on their ass asking for vacation time, health benefits, retirement fund,
.... And a raise!

Lloyd