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Updated 1/10/2006
Below, please find the
effective revision to section 5.C.2.b. of the
Auxiliary Manual - what used to be a four-line
paragraph is now considerably expanded to
principally address the scenario of Auxiliary
appearances before state or local legislative
bodies on matters regarding recreational boating
safety (the last sub-section deals with matters
other than RBS).
5.C.2.b. State and Local Legislative Hearings
Dealing with RBS
Auxiliarists may appear and testify in an
official capacity (i.e. – assigned to duty, in
uniform and using their Auxiliary title) at
state or local legislative hearings on matters
relating directly and strictly to RBS when
determined to be in the best interest of the
Department of Homeland Security and the Coast
Guard. Legislative testimony will normally be
limited to appearances before legislative bodies
with jurisdiction over boating safety matters
when official testimony will help educate the
legislators on factual matters.
5.C.2.b(1).
Processing and Approval of Requests for
Official Testimony
Immediately upon
receipt of such a request, an Auxiliarist
shall notify the appropriate District
Commodore (DCO) via the Auxiliary State
Legislative Liaison Officer (SLLO). The DCO
shall expeditiously review, endorse and
forward the request to DIRAUX. A positive
endorsement shall include the recommendation
of a knowledgeable Auxiliarist to testify. The
Auxiliarist identified to testify should be a
resident of the state in which the testimony
will occur.
DIRAUX shall
expeditiously consult with the District RBS
Specialist and the District Legal/MLC Officer
to determine whether the hearing relates
directly and strictly to RBS and if Auxiliary
participation will be in the best interest of
the Department of Homeland Security and the
Coast Guard.
To assist all
parties in making such determinations, due
consideration shall be given to paragraph
2.A.3. of this manual and the Auxiliary
cornerstone mission of improving the
knowledge, safety skills, and operating
environment of recreational boaters.
Consideration shall also be given to the
potential impacts of such an appearance on
other regional matters involving the Coast
Guard or Department that
may be subject of
recently completed, ongoing, or anticipated
review by the individual or committee that is
conducting the hearing.
If time is of the
essence due to short advance notice of
invitation to testify, then DIRAUX shall
contact the District/MLC Duty Legal Officer
for a timely determination. DIRAUX shall also
inform the District Governmental Affairs
Officer. The District RBS Specialist shall
inform the Office of Boating Safety (G-OPB),
and shall assist the SLLO and Auxiliary
National Legislative Liaison Committee (NLLC)
to prepare the Auxiliarist to testify.
In all
circumstances, DIRAUX shall obtain prior
approval by the District Commander, or their
designated representative, after obtaining the
concurrence of the District/MLC legal officer,
or duty attorney after normal working hours.
5.C.2.b(2).
Content of Official Testimony
If determined to
be in the best interest of the Department of
Homeland Security and the Coast Guard, then
any such testimony shall be strictly limited
to the RBS subjects described in the initial
request. Appearances to testify at state
or local legislative hearings shall not be
viewed as partisan opportunities to promote or
seek defeat of legislation but rather as
opportunities to educate others and identify
and articulate the potential impacts of
legislative proposals. The offering of
opinions, conjecture, or speculation, whether
requested or not, shall be strictly avoided.
Moreover, Auxiliarists who testify under these
circumstances shall specifically refrain from
addressing questions or requests for
commentary on the following subjects:
• federal
legislative change proposals
• federal
homeland security missions and activities
•
budgetary or resource proposals
• non-RBS
missions, activities or legislative
initiatives
Requests for
testimony on these subjects shall be replied
to by indicating that queries and comments
about them are most appropriately addressed by
pertinent federal offices and authorities.
5.C.2.b(3).
Reports
Following
the hearing, the testifying Auxiliarist shall
provide the DCO, Auxiliary State Legislative
Liaison Officer (SLLO), and DIRAUX a copy of
their complete testimony and all questions and
associated responses made during their
appearance. DIRAUX shall forward a copy to
G-OPB-2.
5.C.2.c.
Additional Limitations
This section
is not applicable to litigation or State and
Local legislative hearings on topics other than
recreational boating safety matters. If an
Auxiliarist receives a request for an official
appearance and testimony at any venue for
litigation, or at a state or local legislative
hearing that pertains to a matter other than RBS,
then the Auxiliarist shall immediately notify
DIRAUX who shall notify the District Legal
Officer, District Governmental Affairs Officer,
and G-OCX for further guidance. Review and
approval of any proposed testimony by
appropriate Headquarters program managers, and
possibly by the Department of Homeland Security,
should be anticipated.
Section 5.C.2.b (PDF
file)
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