Legal Matters

Description

The Committee for Legal Matters is to i) determine and resolve all legal issues related to the Assembly; ii) determine any legal issues related to the activity of the agencies of which the Assembly has oversight, and address those issues; iii) formulate a common approach to the legal issues facing all the jurisdictions; iv) study and develop Best Practices related to specific circumstances; and v) resolve any questions addressed to them by the other committees.

Membership

Archbishop Michael (OCA) - Chairman
Archbishop Daniel (UOC)

Committee Liaison

Eric Namee, Esq., Facilitator

Consultants

Archdeacon Just Bosl
Mark Hamilton
Steve Laduzinsky
Judge Ray Lanier
David Lewis
Ken Liu
William Marianes
Louis Milicich
Andrew Muha
Matthew Namee
George Tsougarakis
 

Terms of Reference

What is to be accomplished

  • Identify and resolve legal issues related to the establishment and ongoing operation of the Assembly

-   The initial task of the Committee will be to recommend institutional structure to the Assembly, including type of entity to be formed, state that it will be formed in, development of Assembly bylaws, etc.

  • Identify and resolve legal issues related to the transition and ongoing operation of agencies previously recognized as official agencies of SCOBA in order to facilitate the Assembly's decision to "assume" those agencies

-   Work cooperatively with legal counsel for each agency in accomplishing this task

  • Identify legal issues related to the work of the Assembly that are common to all of the jurisdictions and develop a common policy approach to addressing those issues

-   Such issues shall include, but are not limited to, the ownership of property, human resource management including sexual harassment policies and procedures, clergy misconduct, compliance with tax, employment law, and other government statutes and regulations, corporate/entity compliance with governmental statutes and regulations

  • Identify legal issues specific to particular jurisdictions and develop an approach for addressing those issues in cooperation with those responsible for legal compliance in the jurisdictions
  • Study and develop Best Practices related to the legal operation of the Assembly, jurisdictions, organizations, departments, and other entities associated with them
  • Serve as a resource to the committees of the Assembly and the Secretariat to assist them in addressing legal issues or answering legal questions

-   To the extent necessary to advance the work of the Assembly, also serve as a resource to those responsible for legal compliance in the jurisdictions

How it is to be accomplished

  • Determine at the outset, and update regularly, the timetable for accomplishment of the Committee's objectives
  • Contact and work with individuals within the jurisdictions responsible for legal compliance
  • Identify attorneys that may assist the committee in various areas of expertise as issues arise
  • Work with outside legal counsel on legal memoranda outlining issues and alternative courses of action
  • Work with outside legal counsel on legal documents and necessary filings with governmental agencies

With whom it is to be accomplished

  • The individuals responsible for legal compliance within the jurisdictions
  • The responsible parties at the various agencies and other institutions associated with the Assembly