Since the last formal update to BWC churches on Sept. 6, the United Methodist Church and Baltimore-Washington Conference Ad Hoc Teams have been in communication with all levels of Scouts BSA leadership to define the path forward more clearly, especially for those churches historically associated with a BSA Local Council that is resisting using the new “Affiliation Agreement” forms negotiated and jointly endorsed by the national leadership of both BSA and The United Methodist Church. We appreciate the great patience that we have experienced from all church leaders during this period of uncertainty and anxiety. We are pleased to provide the following updated guidance, which promises to relieve that uncertainty for many of our local churches.
SUMMARY OF NEW GUIDANCE
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Churches May Now Move Forward in Executing an Affiliation or Facilities Use Agreement. The BWC Ad Hoc Team, in consultation with Bishop LaTrelle Easterling and the Cabinet, has determined that it is now appropriate for BWC local churches to move forward with executing any of the jointly approved Affiliation Agreements or Facilities Use Agreements with any BSA Local Council that is amenable to using one of those agreement forms. Churches that support a Scouting unit associated with such a Local Council need no longer wait for further guidance from the Conference before executing an Affiliation Agreement or Facilities Use Agreement.
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The Conference Continues to Advise Against Executing “Charter” Agreements. Consistent with the advice given by our Chancellor, by the General Commission on United Methodist Men (GCUMM), and by denominational leaders that have long represented the UMC interest in BSA’s bankruptcy proceedings, the Conference continues to advise against executing any “charter agreement” with a BSA local council. Although we remain in discussions with BSA national leadership and some local councils that remain unwilling to adopt either of the jointly approved Affiliation Agreement forms, those discussions are not expected to cause us to conclude that any local church can safely continue as a traditional Charter Organization for a BSA Scouting unit, not even under a recently developed charter agreement form that includes some, but not all, of the protections that are included in the Affiliation Agreement and the Facilities Use Agreement.
DETAIL ON GUIDANCE
Executing an Affiliation or Facilities Use Agreement
“Fillable” PDFs of UMC-Approved Affiliation Agreements and Facilities Use Agreements are available for viewing and download on GCUMM’s website, at the links provided below. (Note that there are two approved versions of the Affiliation Agreement. Follow the guidance given below in determining which of those versions to use with your Local Council.)
Affiliation Agreements: If your BSA Local Council, Scouting Unit, and Local Church Leadership all support the execution of an Affiliation Agreement, then Scouting and church leaders should contact their BSA Area Councils to plan the transition to a “council-chartered” unit under a signed Affiliation Agreement [To the best of our knowledge, the Baltimore Area Council (BAC) is the only local council operating within BWC’s geographic territory that remains unwilling to use either of the approved Affiliation Agreements. We are continuing discussions with BAC leadership to better discern their willingness to use the UMC-approved Facilities Use Agreement.]
Ask the Area Council which of the following two Affiliation Agreement forms they are open to using. If the Area Council is open to using either form, the Conference recommends using Version 1. (The difference between the two is explained below.)
Affiliation Agreement-Version 1: A fillable PDF of Version 1 is available here.
Affiliation Agreement-Version 2: A fillable PDF of Version 2 is available here.
There is only one difference between these two versions. In Version 1, the equipment and materials used by the troop or pack (e.g., tents, trailers, vehicles, etc.) may continue to be stored on the church’s premises, but legal title to all such equipment and material will be formally transferred to the Local Council. Version 2, on the other hand, does NOT require the Local Council to obtain ownership of the unit's equipment and materials. Thus, under Version 2, the local church will both store and retain formal ownership of the unit’s equipment and materials, which means the church will also retain responsibility for insuring the unit’s equipment and materials against loss or theft. The local church should consult its own insurance consultant/carrier to assess any impact on its property or vehicle insurance coverage.
Facilities Use Agreements: If your church favors using a Facilities Use Agreement, or if your BSA Area Council remains unwilling to use either Affiliation Agreement form, but the Scouting Unit wants to continue meeting at the church, then Scouting Unit and Local Church leaders should contact their BSA Area Council to discuss whether the Scouting Unit will transition to a council-chartered unit or if a new traditional charter organization needs to be identified. Ultimately, the decision on a new charter partner rests with the Scouting Unit, the Local Council, and any third-party organization that may be under consideration. Once the new charter partner is identified, the Local Church will then execute the jointly approved “Facilities Use & Indemnity Agreement.” A fillable PDF of that agreement is available here.
Continued Risks Associated with Charter Agreements
The assessment of denominational and conference leadership — including GCUMM, the denomination-wide BSA Leadership Team, and the BWC Ad Hoc Team — is that a traditional Charter Agreement relationship continues to place local churches at unacceptable legal and financial risk. We are aware that many local churches have been encouraged by some Local Councils to sign an “updated” charter agreement form that includes insurance provisions matching those set forth in the approved Affiliation and Facilities Use Agreement forms. While the inclusion of those insurance coverage terms is a positive development, even the revised charter agreement form omits significant terms that implement hard lessons learned in connection with the BSA’s bankruptcy and that both UMC and BSA national leadership deem vital to ensuring a vibrant, enduring, and safe Scouting ministry in United Methodist churches.
The following terms included, even in the “updated” Charter Agreement, places our churches at risk:
- The local church holds responsibility for identifying and selecting all adult leaders.
- The Local Council is not required to conduct a criminal background check at least once every three years on every adult that serves as a Local Scouting Unit leader or volunteer. This is a provision only offered in the Affiliation Agreement.
- The church authorizes the Scouting Unit to open a separate bank account using the church’s Employer Identification Number (EIN), further buttressing BSA’s ability to assert in litigation that the Scouting Unit is “owned” by the Local Church.
- The church is otherwise held responsible to administer the assets of the Scouting Unit, including all funds, real property, and personal property, including the inspection and maintenance of trailers, any motor vehicles, and other assets.
- The church is responsible for ensuring that the Scouting Unit operates in compliance with BSA rules, regulations, and policies.
We emphasize that this advice is fully supported by the General Commission on United Methodist Men, the General Church agency whose dedication to a vital and enduring United Methodist ministry in Scouting cannot be doubted. GCUMM’s leadership is persuaded that the new Affiliation and Facilities Use Agreements “open the door for us to serve with the same commitment to youth and faith,” freeing our churches, as explained by Steven Scheid, Director of GCUMM’s Center for Scouting Ministries, “to engage with whole heart and depth of conviction, [but] without risking every ministry” in which our local churches are also engaged.
CONCLUSION
As we stated on Sept. 6, the Baltimore-Washington Conference remains resolute in the shared objective of ensuring that a robust United Methodist Scouting ministry continues on terms that work for all concerned. We are dedicated to continuing to work with the Local Councils that operate within our boundaries, along with the UMC’s and BSA’s national leadership, to resolve how best to move forward, leaving behind no local church that wishes to continue supporting Scouting.
We now look forward to taking positive steps in the coming months to establish the relationships between UMC churches, BSA Scouting Units, and BSA Local Councils. This will enable Scouting to continue to thrive in our communities.
If you have any questions or need any additional information, please direct your communications to:
Paul Eichelberger
Treasurer & Director of Administrative Services
Phone: 410-309-3424
Rev. Dr. Ken Lyons
Scouting Coordinator
Phone: 410-674-6579
