Young Eagles and Background Security Checks

[bookmaker]

Although I wasn't happy about the policies, I registered and was planning to continue Young Eagle flights, HOWEVER, as has been mentioned above, now that there are written rules that likely will be busted with regularity, I have to reconsider.

In my profession as a CPA we had to develop and follow a Quality Control Plan within our office. As long as we include the minimum requirements in the plan and follow them, we are good. However, if we add any additional policies, but happen not to follow one, we get busted at Peer Review time, even if the policy is over and above the minimum requirements.

I feel that is exactly what has been done here.

Perverts are going to get to kids regardless of what feel good rules are put in place. They always have and always will. Plain old common sense takes care of most of it.

Dale

[TedK]

Does anyone know if there are EAA By-Laws? (Not chapter by-laws)

thanks

ted

[lyleapgmc]

By "rules," I meant the rules for the Young Eagles program. We of course followed FAA regs. We did verify that the pilot met the YE requirements and the passengers were properly registered as YEs, with their parents' permission, etc. This made things a lot easier for EAA in regards to the legal aspects. It was a sad situation, indeed, but it was settled with a minimum of rancor.

Ron Wanttaja

I didn't ask my question very well. What I was really wanting to know is what ultimately provided the protection that was needed. Was it the EAA rules or was it the other laws and regulations that were in place at the time?

[lyleapgmc]

Does anyone know if there are EAA By-Laws? (Not chapter by-laws)

thanks

ted

I have been an EAA member for thirty-one years and have never seen their bylaws. They must be too long to allocate space for them to be published.

Lyle

[Byron J. Covey]

Does anyone know if there are EAA By-Laws? (Not chapter by-laws)

thanks

ted

Several years ago, I tried, at length, to find the answer to your question. I was met by what I interpreted as a combination of stonewalling and ignorance.

Never got an answer. If you do, please share it with us here.


BJC

[Mike Switzer]

According to the archives of The Experimenter, the original EAA constitution & bylaws were approved at the April 1953 meeting. They have probably been amended since then, but I have never seen the originals or any more recent version published anywhere online. (Interestingly, there were discussions of whether or not to limit membership based on sex &/or race & (quoting from the article) "It was decided that eligibility for membership should be open to anyone of good moral character, interested in our purpose regardless of sex or race. A move was made and the motion was seconded to include in our constitution and by-laws a clause making it possible for members, by a 75% popular vote at a published meeting, to expel from membership any person of undesirable character or anyone whose acts or deeds tend to jeopardize our organization.")

[rwanttaja]

I didn't ask my question very well. What I was really wanting to know is what ultimately provided the protection that was needed. Was it the EAA rules or was it the other laws and regulations that were in place at the time?

Ah, sorry, I misunderstood. EAA was the only protection we had. By following the rules, our chapter folks did not hurt our legal status.

Everything was settled out of court, and relatively quickly.

Ron Wanttaja

[Mayhemxpc]

Apart from re-emphasizing that this should be done according to well established risk management processes rather than the lemming method, the limited consultation and ad hoc changes are even more concerning. As we all know, whenever the FAA wants to change something, they have to publish the change in the Federal Register as a notice of proposed rule making (NPRM). EAA has been very active in responding to FAA NPRMs, objecting to or proposing useful revisions to the notice. In fact, all government agencies are required to post proposed changes that can be reasonably expected to affect the general public. What many people do not know is that EACH COMMENT must be INDIVIDUALLY addressed. (Similar comments can be bunched together for a single answer.) These comments and their answers are posted as part of the final rule. So why doesn't EAA do something similar with rule proposals that will have such a drastic effect on their members? This is the kind of consultation we are asking for. It is also a process that will help assure that some of the things cited here, and the changes to the EAA policy that have already been incorporated as a result, will be considered and incorporated into a final rule (or second review) BEFORE people start to implement the requirements of the rule (like all of those who already exposed their SSN.)

Even the BSA opened its recent rule changes for public comment before implementation, and revised some provisions before they became effective. Certainly EAA can do the same (or better.)

[TedK]

Apart from re-emphasizing that this should be done according to well established risk management processes rather than the lemming method, the limited consultation and ad hoc changes are even more concerning. As we all know, whenever the FAA wants to change something, they have to publish the change in the Federal Register as a notice of proposed rule making (NPRM). EAA has been very active in responding to FAA NPRMs, objecting to or proposing useful revisions to the notice. In fact, all government agencies are required to post proposed changes that can be reasonably expected to affect the general public. What many people do not know is that EACH COMMENT must be INDIVIDUALLY addressed. (Similar comments can be bunched together for a single answer.) These comments and their answers are posted as part of the final rule. So why doesn't EAA do something similar with rule proposals that will have such a drastic effect on their members? This is the kind of consultation we are asking for. It is also a process that will help assure that some of the things cited here, and the changes to the EAA policy that have already been incorporated as a result, will be considered and incorporated into a final rule (or second review) BEFORE people start to implement the requirements of the rule (like all of those who already exposed their SSN.)

Even the BSA opened its recent rule changes for public comment before implementation, and revised some provisions before they became effective. Certainly EAA can do the same (or better.)

Bravo!!!, Chris, a marvelous suggestion.

And it it would have the additional feature of training and developing the habits to respond to FAA regulations.

All for it!

ted

[FlyingRon]

"Keep longer if required by your State’s Statute of Limitations"

Statute of limitations for what? Civil action? Criminal action? The criminal SOL in some states for these crimes is FOREVER.