Legal Considerations
Members in leadership may be called upon to represent or act on behalf of the Academy. As such, they can create legal liability for themselves and the Academy through their actions. It is, therefore, imperative that Academy volunteers be sensitive to legal concerns.
- Scope of Authority
The scope of your authority to speak or act on behalf of the Academy will depend upon the nature of your assignment. The authority of officers and directors is specifically delineated in the bylaws. Committee chairpersons and members may act only to further the specific charges of their task forces and committees or to fulfill particular requests from the Board of Directors, Executive Committee, or councils. Please be certain that you and the members working with you do not exceed the scope of your authority, and contact the appropriate supervising member with any questions concerning the scope of your responsibilities.
- Liability Insurance
Academy committees and task forces may occasionally engage in activity that could result in the initiation of a lawsuit against the Academy and/or its members. The Academy maintains liability insurance that covers all Academy officers, directors, members, and staff when engaged in Academy activities.
Additionally, Article 13 of the Academy bylaws provides for indemnification of Academy members against costs and expenses incurred in connection with the defense of a suit against such an individual arising out of Academy activities. Please familiarize yourself with the specific provisions of Article 13.
Finally, each member should consider purchasing liability insurance coverage that may be available through his or her employer to cover his or her activities on behalf of the Academy.
- Consultation with Academy Legal Counsel
The Academy’s general counsel and attorneys are available to provide legal advice to committee chairpersons, and committee chairpersons are encouraged to consult the Legal Department whenever issues arise that may have legal ramifications. In some instances, outside counsel may also be retained. However, only the president and the executive director have authority to retain outside counsel on the Academy’s behalf. When working on behalf of the Academy, members may receive from the Legal Department communications marked “Privileged and Confidential—Attorney-Client Privileged.” These communications contain confidential legal advice to assist in work on the Academy’s behalf and such communications are exempt from discovery in litigation so long as they remain confidential. However, if these communications are shared with outside parties, the privilege is waived and the communications, as well as the issues discussed therein, may become susceptible to discovery. Please consult the general counsel before sharing privileged communications with third parties.
Share