Discrimination Claim Prevails

Former Scout exec wins lawsuit
Discrimination claim prevails

By Lee Hammel TELEGRAM & GAZETTE STAFFlhammel@telegram.com

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They treated me like a second-class citizen,

-- Kamal Aly, FORMER DISTRICT SCOUT EXECUTIVE
WORCESTER — A jury in U.S. District Court has found the Mohegan Council of the Boy Scouts of America discriminated against an employee born in Egypt who said he was forced out of the organization. The 8-member jury assessed punitive damages at $300,000 for Kamal Aly and $152,500 in lost pay. The civil suit alleging employment discrimination based on national origin was decided Thursday. Mr. Aly, whose wife sat beside him last week in a hijab covering her hair throughout the trial, said last night of the verdict, “I was really happy because that gave me the feeling that not all American people like discriminating against other citizens. “They treated me like a second-class citizen, which I didn‘t like especially in the Boy Scouts,” Mr. Aly, who lives in Vernon, Conn., said. “When we teach moral values I didn‘t expect we would have any problem like discrimination.” Asked whether the Mohegan Council will appeal, its lawyer, Andrew Neil Hartzell of Boston, said, “We believe the verdict was against the weight of the evidence. We are exploring all post-trial options.” Because the case is not over, he said he is limited in what he can say about it, but he said that the law limits punitive damages against an organization the size of Mohegan Council to $50,000. The case was heard before Judge F. Dennis Saylor IV. John T. Martin of the Framingham law firm Mann & Martin, which represents Mr. Aly, acknowledged the legal limit for punitive damages is under $300,000, but said there will be arguments in court on what the limit is in this case. Mr. Aly, an American citizen, was hired as district executive, an entry-level position, by the Mohegan Council in August 2001, and said he was forced out in 2005. At one point, he was camp director for Treasure Valley Scout Reservation in Rutland. He contends that for the first three years of his employment he was given good performance evaluations, but was not offered the same opportunities for training and promotion to senior district executive as non-Egyptian employees. Mr. Aly alleged that Scout Executive Jay Garee told him that Council Executive James Kennedy instructed executives at other councils not to hire him, and that District Chairman David Libbey and District Commissioner Don Bjorn did not want him there any longer. Mr. Aly resigned, but filed a complaint with the Massachusetts Commission Against Discrimination and then a federal civil rights suit. Mr. Martin said Mohegan Council asserted that Mr. Aly wound up with poor performance evaluations based on a drop in scout membership, and what it said was a failure to respond to emails from volunteers. Mr. Aly's lawyer said such drops in membership were not unusual and not factored into the evaluations of other employees; other contentions did not stand up under cross-examination. The jury arrived at its verdict even though Mr. Aly offered no evidence that the defendants exhibited anti-Muslim or anti-Egyptian sentiments. The plaintiffs proved discrimination by showing “that Mr. Aly was treated differently than his non-Muslim, non-Egyptian colleagues” and “we were able to show the jury that the claimed nondiscriminatory business reasons for treating him differently were false,” Mr. Martin said. The jury found in favor of Mr. Aly on his federal law claim of discrimination, but in favor of the Mohegan council on his state law claims. The difference, Mr. Martin said, under state law, the discrimination has to be the determining factor behind the adverse employment action. Under federal law, the discrimination need only be a contributing motivation behind the action to be illegal, Mr. Martin said. “The Mohegan Council is extremely disappointed in the jury's verdict in this case,” Charles Thompson, president of the Mohegan Council, said, “and respectfully disagrees that any personnel decisions were made on the basis of race or ethnicity. The Council highly values diversity in its staff and participants. Indeed, the diversity of our staff and participants enhances the strength of the Council and its program.” He added, “Many of scouting's programs are registered in faith based institutions including churches, mosques and synagogues. “We do feel the jury was swayed by some of the emotional content instead of by the facts,” he said. Even if the verdict stands, Mr. Thompson said he believes it would be paid by the Boy Scouts of America's insurance policy and not from Mohegan funds. “We have thousands of people who support scouting here in Central Massachusetts and we want to assure them whatever the eventual outcome this does not come from their contributions.” Mr. Aly, who was a Cub Scout and a Boy Scout in his native Egypt, said he still loves scouting and wishes he could rejoin the movement.

Draddy Leadership skills go to camp

From a comment post to TruScouting Blog on 7/6/11:

Ethan Draddy is not doing his job. just came from Camp Saffran and they have no water. Scouts and Scouters are not able to take showers or swim in the pool. This pool has been leaking for 2 years now, what is being done to fix the problem? NOTHING! We have scouters from other councils at camp, what kind of impression as a council are we making. A really bad one! I wouldn't be surprised if they didn't come back. The young adults running camp are doing their best, but constantly are fighting uphill to get the resources they need to run program! Where has all the money gone that has been raised. It certainly has not gone to doing repairs and upkeep to Camp Saffran!


We here at TruScouting have been hearing a number of unsatisfactory comments concerning Broad Creek Memorial Scout Reservation. A large number of youth staff members have been fired, the Camping Director (Reservation Manager) resigned in late June and the morale of campers and staff is reported as low.

As the attendance of in-council units and youth have been on a long decline for years BAC has stepped up efforts to bring out-of-council units to Broad Creek. These efforts have stabilized the attendance numbers. However, as Ethan Draddy has shown with his other efforts, there are no hard numbers available to measure his statements on social media that attendance has shown a marked increase.

There is money available from the Forest Legacy program funds secured by BAC in 2009. These funds have been used to repay close to 2 million dollars of existing debt that BAC had before Ethan Draddy. As any close examination of Ethan’s performance would show, he has only one clear accomplishment as Scout executive, using the seven years of work from volunteers and past professional Scouters to raise funds for camp he has instead used this money to repay debt and thus build his record on financial stewardship and management.

He has deferred maintenance, program supplies and meaningful improvements to Broad Creek until the camping endowment can be replenished from his internal borrowing. This also allows him a safety net to cover his over spending on FOS events, Ethan Annual Big Shows, increased management staff, $65,000 pay increase (and bonus) for himself (just for 2009) and a new auto lease for his driving pleasure.

The only good news we have to report is that Ethan will be looking to leave Baltimore by this time next year. Hold on, he is almost out of here!

Professional employees over 40 at BAC, 2009

A Scout is Kind.
A Scout knows there is strength in being gentle. He treats others as he wants to be treated. Without good reason, he does not harm or kill any living thing.





From January 2009

How many of these professional employees are still working for Ethan Draddy?

Of those still working for Ethan, how many have been demoted?







1. Excerpted from page 47-54, Boy Scout Handbook, 11th Edition,
(#33105), copyright 1998 by BSA, ISBN 0-8395-3105-2

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How to read the IRS 990 and understand Ethan's bonus plan

From the National Council, BSA website:

There are three primary elements included in an executive’s compensation, as reported on the BSA’s 990s, including annual compensation, deferred compensation and the retirement plan.

Deferred compensation:
Like many major youth-serving, not-for-profit-organizations, deferred compensation is used as an appropriate method for rewarding executives who achieve their performance goals. As a not-for- profit organization, the BSA’s volunteer executive compensation committee has chosen to utilize deferred compensation, in lieu of bonuses or stock options, that commonly would be offered in a for- profit company.

Under the BSA’s deferred compensation plan the organization contributes a percentage of an employee’s salary, which may be paid at a later date.

The BSA is a merit-based pay organization and each year the BSA’s executive compensation committee and national executive board set goals for its executives, evaluate their achievements and award deferred compensation accordingly. An executive’s goals might include a variety of objectives like making sure the organization is fiscally sound, ensuring a structure that provides the appropriate support to the BSA’s local councils, recruiting the right levels of volunteers who give leadership to the organization and providing overall management of the professional staff.

TruScouting Note:
Next time you see a board member ask them: Was Ethan Draddy's performance in 2009 really worth a full-time professional position? Because that is the amount of his pay increase (with bonus).

Tico Perez from Wayne Brock's WB tv site

Tico Perez
June 20th, 2011 at 2:25 pm
Wow – thanks for all the positive thoughts and comments! I’m just thrilled that I have the chance to be part of the National Key 3! As to Jack’s question about engaging more volunteers into projects and actions, the answer is simple. First, set clear expectations on the volunteers – let them know what is needed and when it needs to be done. Next, expect them to complete the projects and hold them accountable. I know that the unspoken rule of the movement is to “never let a volunteer fail” but at the same time, this movement is a partnership – and we need to support each other. Any volunteer who does not do what they said that they would do is not a great partner and should be gently reminded of their commitment and the importance of their actions on the movement. Finally, if you want a volunteer to really work hard for you, show them – through your actions – that you love this movement as much as we do – that you get the purpose of the movement, and that this is not just a job!

Y’all are extraordinary!!

Tico

Watch the show at:
http://wp.me/p1abWF-1x

"The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn't"

We can’t help but be entrained every time we pick up a newspaper or read a cutting edge management book. The stories used to illiterate central themes in an article or book could just as well be taken from the daily business practices of the Baltimore Area Council: improve cash flow, pay your vendors late; obliterate your rivals; appearances count more than reality; keep as much information secret as possible.

The book that has really caught our attention of late is The No Asshole Rule, Building a Civilized Workplace and Surviving One That Isn’t by Robert I. Sutton, PhD. Some might think that working for an organization that holds the Scout Law and Oath as core mission statement elements might not suffer from such a problem as the “Asshole”, we would beg to differ. Dr. Sutton defines an Asshole with a two part test. “Test One: After talking to the alleged asshole, does the “target” feel oppressed, humiliated, de-energized, or belittled by the person? In particular, does the target feel worse about him- or herself? Test Two: Does the alleged asshole aim his or her venom at people who are less powerful rather than at those people who are more powerful?”

If you were asked to invest in a public company with a staff turn-over rate at near 40%, much of this not due to the economy, what would you think? If the spike in the turn-over rate for this company was during the tenure of one CEO would you think there might, possibly, be a problem? Now here is an interesting fact: employee related expresses have not gone down. There is not an observable business reason for the turn-over rate.

With the economy in its current state (one job opening for every five job applicants) the effect of a 40% turn-over rate on current employees is much like being held hostage. Employees start to show signs of Stockholm Syndrome. To get on their employer's “good side” they will develop psychological characteristics to satisfy them: dependency; lack of initiative; and an inability to act, decide or think (“Understanding Stockholm Syndrome”, F.B.I Law Enforcement Bulletin, on-line archive).

A non-profit does not have to react to the financial markets. As long as a non-profit CEO can control the narrative with their board they stand the chance of not being held accountable for their actions. Don’t confuse board members with reports that most will not read. Make sure board meetings are short and entertaining. Keep any views that run contrary to the narrative miles away from the board. Quickly remove anyone that might contradict the CEO approved version of reality. Pray daily that the funding numbers are normative because this is the single measure that will get the attention of a non-profit board fast.

The National Council of the Boy Scouts of America keeps tabs on some of these issues; but they can be feed a narrative as well. A Boy Scout council has five major stakeholders; the executive board, the National Council, charter organizations, volunteers (council and district) and employees. Charter organizations, as a group, are about the weakest of the stakeholders. The important objective for the Scout executive is to ensure that the board and the National Council are strongly in his or her court in a triangulation against one of the other stakeholders. There are minor stakeholders as well; the general public, contributors, unit level volunteers, youth members. But for personal survival the major stakeholders are what count for a Scout executive.

It will be interesting to see if Ethan Draddy can continue the triangulation and control the narrative.

Let's get real - New Units

The fall is about here. In Scouting Land that means school nights, training parents to be leaders, popcorn and new units opening their doors to Cubs, Scouts and Ventures. So let’s cover some of these starting with “how do we start units in the Boy Scouts?”

Here is the official 12 step process form the National Council of the Boy Scouts of America:

The Steps

1. Identify the Prospect

2. Approach the Prospect.

3. Make the Sales Call (Presentation)

4. Organization Adopts the Program

5. Organizing Committee Meets

6. Select and Recruit Key Leaders

7. Train the Leaders

8. Plan and Organize the Program

9. Recruit Youth Members

10. Complete the Paperwork

11. First Unit Meeting

12. Charter Presentation/Follow Up


Now if you have ever started a unit the first thing you might notice is the process rarely goes this simply. Starting a real Scouting unit, and getting it to function in the first three months, is one of the most difficult tasks a district Scouter will have. Like most of the hard work that a council does, starting units is the work of the district. Of course most of us really don’t like doing it, so it is the work of the District Executive (DE). Hey, these guys get paid to do this right?

So after re-chartering each year the DE will look at the results and start thinking about how to replace or re-start units that did not re-charter, factor in the growth needed by the council (normally 2%) and start to think of leads, often with the help of the district committee. Let’s look at this more closely:

Start with 10 units – 2 dropped units equals 8 units + 2% growth based on the 10 units the district had last year = 2 for a grand total of 4 new units. As a matter of interest most DE’s start four Scouting units a year on average nationally.

How long does it take to start a Scouting unit? Let’s break that down:

Identify a prospect: Normally with the District Membership Committee (how many of those do we have in BAC?) or the District Committee. Two hours of drive time and two hours of meeting time sound fair?
The DE will type up the prospect list and review with a Field Director (normally). The rule of thumb in sales is to have 3 prospects for every needed sale or 12 prospects for the four needed units in this example. Two hours for this step?

Approach the prospect: This can be simple or really difficult. Finding someone that knows Father Doe, is willing to talk to Father Doe about starting a unit, is available on a given date and time… What would appear to be the case is the DE makes the call to Father Doe and sets up an appointment to visit. This step can take anywhere from three hours to ten or more. We are using three for this example.

Father Doe is excited by the idea of starting a new Scouting unit and makes a call right then to an influential member of the parish who is an Eagle Scout and would love to help organize a new Boy Scout Troop. It does happen this way - once every leap year. The story line more likely would be Father Doe telling the DE that he needs to talk with his Parish Council and he will call back in a couple of weeks with the answer. Add two hours of phone tag to the man-hours needed to start a new unit.

Father Doe calls back and in fact does have someone to help organize a new unit. The next step is to set up a meeting between the interested parties. Add five hours for this step (driving time, meeting time, and follow up).

Selecting leadership can be a real challenge. Father Doe is not about to recommend anyone that he needs to run all the committees and missions of the church. But somehow after hours of phone calls and meetings a Scoutmaster is found. Other interested parents step forwarded to help on the committee and before the DE knows it a new unit is on the way. Add eight hours for this step.

As luck would have it a training session is planned in the district for outdoor leader’s skills, so the DE tells the selected leaders to go on-line and complete Fast Start training and any sessions needed for their positions, signs the Scoutmaster and Asst. Scoutmaster up for the outdoor skills training and starts to talk program with the selected leaders. Add five hours for this step.

A Join Scout Night is planned on a Tuesday and Father Doe promotes it on Sunday. Everyone is excited! The new Scoutmaster has even spent $120 on a new uniform and patches. DE Dan gets to the church hall at 7:00PM on Tuesday and sitting there are three boys and their parents. The new Scoutmaster talks about the program planned for the next year with the families as everyone waits for two more boys to show up. They don’t. A second Join Scout Night is planned, the three families there are asked to register their sons and DE Dan collects the membership fees for joining the Boy Scouts of America. Not for this new unit, not for the council; but the Boy Scouts of America. It is always about this point in the process that the new Scoutmaster asks when she will be getting the camping equipment from the council for the new troop. DE Dan then explains the benefits of selling popcorn. Add six hours for this step.

Finally at the second Join Scout Night three other families attend with the three that were there last night and the new unit has enough leaders and Scouts to begin. All the paper work and fees are collected and DE Dan is off to the council service center to complete the paper work and register the new unit, dreaming along the way of a happy Field Director. Add four hours for this step.

DE Dan calls the District Commissioner and asks about having a Unit Commissioner assigned. Remember, this is one of four new units he will need this year. The District Commissioner talks about how there is no one available to cover this new unit right now, so she will drop by at the first meeting. Add one hour for this step.

DE Dan calls Father Doe to set up a charter presentation for the Sunday after the first meeting. Father Doe is happy to add this to the service. The District Commissioner and DE Dan show up and present the charter from the National Council to Father Doe. Add three hours for this step.

We have counted 44 man-hours to start a new unit. As always here at TruScouting we have been conservative. It is our collected experience that a new unit can take anywhere from 40 to 75 man-hours to start. Often after all this effort the new unit does not “take”. For most districts across the country the first sign that something is wrong is at re-chartering time.

Why have we written the above story? Most Scouters have no idea about the time needed in starting a new unit. We do not teach the new unit process in Wood Badge or Sea Badge. If you never serve outside of your unit, or you find yourself on the Council Executive Board without moving through a district you just won’t have cause to understand this process.

Now you do. If you don’t trust us on this then please go to the National Council’s web site or buy a copy of the Membership Committee Function Guide at a Scout Shop. Understanding this process is critical to preventing membership game playing. It will help you to understand where the numbers that are used to measure a council come from. If a council has a fantastic summer camp program and the majority of Boy Scout troops attend a long term camping experience yet the council advancement numbers continue to be low – it might be because the above steps were not followed. The same can be said about training, unit attendance at programs, and units selling popcorn. If your district looks good and neighboring districts look good, then perhaps the special program districts of the council are pulling down the council numbers.

Here is the major piece of knowledge you will now have, especially for members of the Council Executive Board. In all the many documents that are pasted out at the scripted board meeting pull out the “Council Totals Report” or the progress report on the goals of the council. Look for the number of units the council is at right now and subtract that number from where the council ended the year in 2009. Add 2% to this number and that is the number of new units needed to reach Centennial Quality Council. Multiply that number by 40. Of course now you know that 40 is the low end of the range; but let’s keep this simple. Are there enough man-hours left in 2010 to realistically reach the new unit goal?

Keep in mind that September is half over; November and December are filled with holidays. On top of starting new units, DE’s are also managing (often covering) the recruiting efforts of every Cub Scout Pack in their district while making attempts to save units before they drop in the new year.

Would this be the time to take District Executives away from their districts to cover staff functions for the Ethan Draddy Show? What about all the district and council level Scouters who are not covering Join Scout Nights across the council due to committments to make the Big Show go on? Is there a plan to recruit new boys to Scouting and reach our new unit goals? Will we follow the standard operating procedures of the National Council of the BSA in reaching our membership goals?