6 fam 560
unchartered groups
(CT:GS-156; 12-27-2007)
(Office of Origin: A/OPR/CR)
6 FAM 561 UnCHARTERed Groups
(CT:GS-156; 12-27-2007)
(Uniform State/USAID/Commerce/Agriculture)
a. Except as provided in paragraphs d, e, and f of this
section, groups not chartered under 6 FAM 500 have no legal or regulatory basis
for operating on U.S. Government premises or for receiving post logistical
support. Posts providing space and other forms of logistical support do so
placing the U.S Government and individual members personally at risk when
groups are not appropriately insured, have no formal means of accounting for
funds collected and expended, and lack internal controls. In the absence of an
approved employee association charter, no association will be authorized to
operate on U.S. Government-owned or -leased property and/or under U.S. auspices. Without a charter, associations may not import duty-free goods under the
name of the principal officer or receive support (e.g., space, utilities,
property, etc.) from the post.
b. In instances where the existence of an unchartered
group has been identified, post has one
of two recourses. The unchartered group must either disband or fold into the
existing employee association at post. In the absence of an existing employee
association at post, an employee association may be established under 6 FAM 500
requirements.
c. Unchartered groups electing to fold into an
existing employee association must contact the Office of Commissary and
Recreation Affairs (A/OPR/CR) for assistance and guidance to ensure that all 6
FAM 500 requirements are met.
d. Unchartered groups whose activities support local
charities and/or the community liaison office (CLO) may continue to earmark
revenue for these purposes. Such revenue will not be subject to the annual
assessment levied on employee association revenue provided that:
(1) Revenue is specifically earned and subsequently
expended for these purposes; and
(2) Revenue is fully disclosed on the employee
associations financial statements at the time revenue is earned, held and
fully expended.
e. Groups (e.g., bridge clubs, hobby groups, etc.) that
are not performing core employee association functions, that do not raise
funds, do not enter into contracts, and do not receive significant logistical
support from the U.S. Government, do not contradict the intent of 6 FAM 500
regulations and may continue to function. For this purpose occasional or
periodic use of post space would not constitute significant logistical support
which the provision of a dedicated space would.
f. Groups whose members are not U.S. Government direct-hire
or personal services contract (PSC) employees may be provided space and be
permitted to operate on U.S. Government premises to the extent deemed
appropriate by post management. Any identifiable expenditures by the U.S.
Government on behalf of such organizations must be justified under the employee
morale and welfare principles as outlined by the General Accountability Office
(GAO), Principles of Federal Appropriations Law (3d ed. 2004) at pages 4-103 to
4-105. These groups may not perform functions that are typical of chartered
employee associations. The Principles of Federal Appropriations Law (3d ed.
2004) states that an agency has reasonable discretion to spend its money for
employee welfare purposes if the expenditure can be said to enhance employee
morale and to be a significant factor in hiring and retention. The test
remains one of necessity, but it is evaluated in terms of the agencys
legitimate interest in the welfare, morale, and productivity of its employees.
The necessary expense doctrine states that for an expenditure to be
justified it must bear a logical relationship to the appropriation sought to
be charted , it must not be prohibited by law, [and it] must not be otherwise
provided for, that is, it must not be an item that falls within the scope of
some other appropriation or statutory funding scheme.
6 fam 562 through 569 unassigned