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Personal Liability at Federal Agency Function

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Shadowbunny

Queen of the Not-Rights
What is the name of your state (only U.S. law)? AZ

I work for the Dept of Defense at a "geographically separated unit" (meaning it's an Army unit that is not based on an installation.

Every year, the Soldiers are brought in for a weekend-long training. The Soldiers are allowed to bring their families, however, only the Soldiers' expenses are paid for.

There are classes/seminars offered for the spouses while the Soldiers are in training. These classes aren't something most want to bring their children to (too boring and long for the kids). There is a "Non-appropriated Funds" account available to offset the cost of childcare during the official training times during the weekend. The battalion commander decides what portion, up to 100%, of the childcare he or she wants to pay for.

Some battalion commanders want on-site childcare at the hotel, arranged by the battalion staff (that would be me). We are not allowed to sign contracts with the child care providers (that would be illegal procurement); instead it's more of a "gentlemen's agreement," documented by emails. Ie, "So you agree that you'll provide enough staff to watch 75 children for $4 an hour per child; you'll provide snacks, activities, etc." We only use state-certified providers.

My question is this: could I (or the Battalion Commander) be found personally liable for misconduct/negligence by the child care providers? Or if a child was hurt? Could we even be sued, as we're operating under the auspices of the Fed gov't?

(PS: I want to get out of this child-care arranging. Our JAG officers have given us a "gee, it's not a good idea, but it's not illegal" answer. I know it's not illegal, I want to be able to tell the BC "you're taking a big risk, sunshine, and this is why"!)
 



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