Improving our process for Assignment to Duty to protect our members

By Daren Lewis

Shipmates,

Sector Columbia River Auxiliary units are implementing a small change to our assignment to duty procedure to provide documentation should it be required. This is a much simpler alternative to the permissive (non-reimburseable) orders process implemented to mixed success last summer. After requesting assignment to duty for activities without orders your FC/VFC/FSO will simply email the assignment to a designated email address. This also has the advantage that it gives the Sector visibility of our activities.

Background:

We work hard to prevent accidents, prevent incidents and to operate within policy and training. Proper assignment to duty is key to assuring our members have the benefits and protections afforded by law. Some of our activities are based on written orders. 

• Surface operations, air operations and ordered communications operations have orders generated in POMS or are conducted under verbal orders of a responsible Coast Guard authority.
• Travel to C-Schools and selected other events is conducted under Coast Guard travel orders

For those activities without written orders it is the responsibility of the Auxiliary leadership to assure you have proper assignment to duty that is properly documented. In most cases, for those activities not covered by Coast Guard orders, verbal assignment to duty or an email assignment to duty is sufficient. In the case of verbal assignment to duty it is the responsibility of the assigning officer to document that assignment.

Currently what this means that before you go out to do VEs, Program Visits, or any Coast Guard non-ordered activity other than meetings or scheduled trainings you are to call or email your leadership or the responsible program staff officer and request assignment to duty.

From AUXILIARY MANUAL COMDTINST M16790.1F Chapter 5, J.3. Determining Assignment to Duty

The Auxiliarist’s assignment to duty is a requirement before any statutory protections are available. If the Auxiliarist is not assigned to duty, then the Auxiliarist cannot be characterized as a Federal employee and therefore cannot be acting within the scope of employment. 

To have the best possible chance of a favorable determination, the Auxiliarist should be prepared to document assignment to duty. The greater the quality and quantity of evidence that the Auxiliarist is able to produce to demonstrate assignment to duty, the greater the likelihood that the DOL or DOJ will make a favorable determination. The strongest possible evidence is that which demonstrates assignment to duty made prior to the incident in question. Examples may include written Coast Guard orders or verbal authorizations from appropriate Auxiliary elected and/or appointed leaders, that are documented (via telephone log or other means) and written Auxiliary orders or duty rosters for authorized events. (see Table 5-1) Post-incident evidence is less persuasive, but may include affidavits and orders or duty rosters reduced to writing after the incident. The Auxiliarist ultimately bears the burden of producing evidence sufficient to support the claim that the Auxiliarist has the status of a Federal employee. 

Member Action:

Continue to request assignment to duty as you should already be doing.

• Example email PV to your FC or FSO-PV: "I'm going to conduct Program Visits this weekend in the greater Vancouver area, request assignment to duty".
• Example phone call/voicemail to your FSO-VE: "I'm going to conduct Vessel Exams at Kalama on Saturday"

Leader or Responsible Flotilla/Division Staff Officer Action:

In addition to verbal consent we are asking you to send an email confirmation to the member AND cc: 

aux.orders@gmail.com

These assignments should be fairly general to give the member flexibility. Where available the assignment should include the member number.

Daren Lewis, 121NNN, is assigned to duty to conduct vessel exams at 42nd Street Ramp or other locations as conditions warrant on the weekend of 04JUN2011.

or

Flotilla 7-12 will conduct a ramp day at Hagg Lake 04JUN2011 the following members plus any others available will participate: ..... 

There are a great number of potential permutations of this process. The following table can be used as basic guidance.

Activity	Member Action	Leader Action
Flotilla Meeting, Division Meeting, Division Training	None	None, but training at all meetings is advised
Surface, Air or Comms Mission under orders	None unless you are the POMS user, typically the Coxswain, Pilot or mobile radio facility operator	Managed by the operations team with POMS
Augmentation at MSU, Sector or Station	You will receive a one time assignment	The assignment to augment will be managed by the ASC or AUX-C. The FC will receive a copy.
Program Visits	Request assignment to duty from your FC/VFC or FSO-PV as you do today	Reply with assignment to duty and send to AUXORDERS address
Individual Vessel Exams	Request assignment to duty from your FC/VFC or FSO-VE as you do today	Reply with assignment to duty and send to AUXORDERS address
Ramp day for VE and PA	Sign up with your FC/VFC/FSO-VE as you do today	Send in assignment to duty to AUXORDERS with participating members
Teaching a PE course	None	Notice of intent to teach serves for assignment to duty for participating members
Public Affairs Event	Sign up with your FC/VFC/FSO-PA or via a Div7 online watch bill	Send in assignment to duty to AUXORDERS with participating members

Thank you for your patience and understanding as we work through the implementation of this additional step in our assignment to duty process.