Air National Guard - Kansas Adjutant General's …

1 Air National Guard Commander s Legal Deskbook Air National Guard Commander s Legal Deskbook Master Table of Contents - Page 1 Chapter Titles Volume 1 Chapter 1. Administrative and Personnel Matters Chapter 2. Authority of Commander Chapter 3. Base Access, Conduct and Control Chapter 4. Benefits Chapter 5. Civilian Personnel Matters Chapter 6. Civilian Relations Chapter 7. Ethics Chapter 8. Criminal Matters Chapter 9. Discrimination Matters Chapter 10. Drug Abuse Chapter 11. Duty Status Matters Chapter 12. Environmental Matters Chapter 13. Flying and Operations Chapter 14. Information Control Chapter Titles Volume 2 Chapter 15. International Operations Law Chapter 16.

2 Investigatory Matters Chapter 17. Judge Advocate Matters Chapter 18. Lawsuits and Liability Chapter 19. Medical Matters Chapter 20. Mobilization Matters Chapter 21. Motor Vehicle Matters Chapter 22. MWR Matters Chapter 23. People Problems Chapter 24. Quality Force Management Chapter 25. Resources Chapter 26. Training Chapter 27. Travel Chapter 28. Domestic Operations The Ten Commandments of Command List of Updated Articles Since Publication of 2001 Edition Air National Guard Commander s Legal Deskbook Master Table of Contents - Page 2 Chapter 1, Administrative and Personnel Matters 1- 1 Table of Contents 1- 2 Absent Military Members 1- 3 AFSC Reclassification and Training 1- 4 ANG Assistants 1- 5 Assignments 1- 6 Board for Correction of Military Records 1- 7 Boards and Court-Martial - A View from the Inside 1- 8 Conditional Release 1- 9 Conscientious Objectors 1- 10 Dependent Care Responsibilities 1- 11 Disposal of Personal Property 1- 12 Dress and Appearance 1- 13 Enlistment and Re-enlistment 1- 14 Enlistment and Re-enlistment Bonus Programs 1- 15 Enlistment of Airmen - Defective 1- 16 Federal Commission Status Withdrawal 1- 17 Federal Recognition of Officers 1- 18

3 Homosexuality 1- 19 Line of Duty Determinations 1- 20 MAJCOM 265 Officers 1- 21 National Security Cases 1- 22 Newcomer s Briefing 1- 23 Officer Evaluation System 1- 24 Officership 1- 25 Orders - Problem Areas 1- 26 Palace Chase 1- 27 Part - Time Service 1- 28 Personnel Security Access Program 1- 29 Pregnancy of ANG Personnel 1- 30 Promotion of ANG Airmen 1- 31 Promotion of ANG Officers 1- 32 Recruiting - Consolidation of Air Force, Air Force Reserve and Air National Guard Programs 1- 33 Remission and Waiver of Indebtedness 1- 34 Reporting Identifiers 1- 35 Report of Facts and Circumstances of Death 1- 36 Selective Retention in the Air National Guard 1- 37 Transfer to the Individual Ready Reserve 1- 38 Unions- Military 1- 39 USAF Instructions, ANG Supplements and Unit Instructions 1- 40 Unsatisfactory Participation 1- 41 Withdrawal of Authority to Bear Firearms 1- 42 Lautenberg Amendment Chapter 2.

4 Authority of Commander 2-1 Table of Contents 2-2 Command Influence 2-3 Command Succession 2-4 Command - Waiver to Allow Nonrated Officer to Command 2-5 Jurisdiction 2-6 Problem Solving - ANG and USAF Commanders Similar and Different Approaches 2-7 Sources of Commander s Authority Air National Guard Commander s Legal Deskbook Master Table of Contents - Page 3 2-8 State ANG Headquarters 2-9 Role of the First Sergeant Chapter 3, Base Access, Conduct, and Control 3 - 1 Table of Contents 3 - 2 Access to Military Installations 3 - 3 Air Base Security Guards 3 - 4 Base Facilities Board 3 - 5 Base Security Council/Resource Protection Committee 3 - 6 Base Tours 3 - 7 Civilian Misconduct on Base 3 - 8 Civilian Warrants and Process - Service on Base 3 - 9 Commercial Solicitation Base 3 - 10 Day Care Centers 3 - 11 Barment 3 - 12 Leases and Armory Use Agreements 3 - 13 Open Houses and Free Speech 3 - 14 Pass and Registration 3 - 15 Possession of Privately Owned Firearms on Base 3 - 16 Smoking in Air National Guard Facilities 3 - 17 Use of Firing range by Local Police, Boy Scouts.

5 And other Non-Military Persons or Groups 3 - 18 Weddings and Other Social Affairs on Base Chapter 4, Benefits 4 - 1 Table of Contents 4 - 2 Benefits 4 - 3 TRICARE and DEERS 4 - 4 Disability of National Guard Members 4 - 5 Continued Health Care Benefit Program 4 - 6 Montgomery Bill 4 - 7 Payment For Healthcare Treatment of ANG Members 4 - 8 Veterans Benefits Chapter 5, Civilian Personnel Matters 5-1 Table of Contests 5-2 Civilian Employee Discipline 5-3 Employee Interrogation 5-4 Injuries to Civilian Employees 5-5 Labor Relations 5-6 Unacceptable Performance of Civilian Employees 5-7 Unemployment Compensation 5-8 Unions - Collective Bargaining Agreement Negotiating Team 5-9 Whistleblower Protection Act 5-10 ** pending revision ** Workplace Searches Air National Guard Commander s Legal Deskbook Master Table of Contents - Page 4 Chapter 6.

6 Civilian Relations 6-1 Table of Contents 6-2 Aid to Civilian Authorities 6-3 Civic Organizations 6-4 Community Relations Programs 6-5 Counter -Drug Support Programs 6-6 Memoranda of Understanding (MOUs) 6-7 Posse Comitatus Chapter 7, Ethics 7 - 1 Table of Contents 7 - 2 Fundraising 7 - 3 Ethics 7 - 4 Professional and Unprofessional Relationships 7 - 5 Gambling, Lotteries, and Raffles 7 - 6 Gifts From Outside Sources 7 - 7 Gifts Among Employees 7 - 8 Honorary Memberships 7 - 9 Off - Duty Employment 7 - 10 Organizational Emblems, Symbols and Names 7 - 11 Outside Employment of Spouses 7 - 12 Political Activities 7 - 13 Job Hunting and Post Government Employment 7 - 14 OGE Form 450.

7 Statement of Affiliations and Financial Interests 7 -15 Conflicts of Interest 7 -16 Support of Non-Federal Entities Chapter 8, Criminal Matters 8 - 1 Table of Contents 8 - 2 Military Justice Jurisdiction - ANG Members in Title 10 Status 8 - 3 Federal Magistrate Judges 8 - 4 Evidence - Differing Standards and Burdens of Proof 8 - 5 Chain of Custody 8 - 6 Arrest By Civilian Authorities 8 - 7 Arrests Authorized by the ANG 8 - 8 Pretrial Confinement or Restraint 8 - 9 Advising Suspects of Their Rights 8 - 10 Confessions 8 - 11 Polygraphs (Lie Detectors) - Use in the Military 8 - 12 Criminal Investigations, Prosecutions and Reporting - DoD and DoJ 8 - 13 OSI - Air Force Office of Special Investigations 8 - 14 OSI and SF Reports 8 - 15 Courts-Martial 8 - 16 Inspections and Searches 8 - 17 Driving While Intoxicated and Others Offenses Involving Intoxication 8 - 18 Deadly Force 8 - 19 Theft and Vandalism Claims 8 - 20 Complaint of Wrongs Air National Guard Commander s Legal Deskbook Master Table of Contents - Page 5 Chapter 9.

8 Discrimination Matters 9-1 Table of Contents 9-2 Affirmative Actions 9-3 Discrimination Complaints - Military 9-4 Discrimination Complaints - Technician 9-5 Equal Opportunity and Treatment Program 9-6 Nondiscrimination in Federally Assisted Programs 9-7 Release of Reports of Investigation in Discrimination Complaints to Management Officials 9-8 Sexual Harassment Chapter 10 Drug Abuse 10-1 Table of Contents 10-2 Drug and Alcohol Abuse Control Committee / Cross Functional Oversight Committee 10-3 Alcohol Abuse 10-4 Drug Abuse 10-5 Steroids 10-6 Drug Abuse - Administrative Discharge Policy 10-7 Urinalysis Program 10-7A Urinalysis Attachment 10-8 Consent Urinalysis Tests 10-9 Command Directed Urinalysis Chapter 11, Duty Status Matters 11-1 Table of Contents 11-2 Active Duty - Air National Guard Members 11-3 Active State Duty 11-4 AGR Program 11-5 Enforceability of Orders by Air Force Officers to ANG Personnel Not in Federal Service 11-6 Relationship with Other Military Components 11-7 Status of National Guard Members Chapter 12.

9 Environmental Matters 12 - 1 Table of Contents 12 - 2 Criminal Liability of Commanders For Environmental Violations 12 - 3 Environmental Duties at Base Level 12 - 4 Hazardous Waste Disposal 12 - 5 Preservation of Historic Properties 12 - 6 Environmental Impact Analysis Process 12 - 7 Air Emissions 12 - 8 Hazardous Substance Spill Contingency Programs and Emergency Release Reporting 12 - 9 Handling Inspections and Responding to Notices of Violations (NOVs) 12 - 10 Recycling and Waste Diversion Program 12 - 11 What Questions Should I Ask My Installation Staff? Reference to AIR FORCE COMMANDER'S GUIDE TO ENVIRONMENTAL QUALITY Air National Guard Commander s Legal Deskbook Master Table of Contents - Page 6 Chapter 13, Flying & Operations 13-1 Table of Contents 13-2 Aerial Events, Flyovers, and Static Displays 13-3 Air Traffic Control Operations.

10 Authorization and Liability 13-4 Aviation Career Incentive Pay 13-5 FAA - Investigation of Flying Violations by Military Members 13-6 Flying Evaluation Board Chapter 14, Information Control 14 - 1 Table of Contents 14 - 2 Classified Material 14 - 3 For Official Use Only 14 - 4 Access to Military Records 14 - 5 Confidentiality and Privileged Communications 14 - 6 Subpoenas and Consensual Release of Records 14 - 7 Releasing Information in Litigation 14 - 8 Media Relations and the Public Affairs Office 14 - 9 COMSEC Telephone Monitoring 14 - 10 Unauthorized Tape Recordings 14 - 11 Freedom of Information Act 14 - 12 Privacy Act 14 3 Freedom of Expression - Restrictions on Military Members 14 - 14 Copyright 14 - 15 Unauthorized Copying and Unauthorized Use of Software 14 - 16 Improper Use of