Lessons From the Past - Boy Scouts In Crisis

[gpurlee]

What does history teach us? Some thoughts from a Scouting Historian.

The BSA has a 110-year history that easily meets the longevity criteria of “Built to Last”. Millions of youth and adults have been served and have benefitted. And it means that the organization has been able to adapt and deal with the crises that occur within any organization.

Yet, there is no guarantee that events will not occur that can and will sink even the best built organizations. Ask any shipbuilder.

 My second post in the series “Boy Scouts In Crisis” discussed “The Perfect Storm” of events that has engulfed the BSA. They included the combination of rapid cultural change and the introduction of extended statues of limitations for childhood abuse claims by several states. Finally, the onset of a once in a hundred-year pandemic has crippled programs and choked cashflow. The storm reached a potentially catastrophic level with the recent announcement that over 90,000 abuse claims had been filed against the BSA.

 We are now in the midst of one of the most complex bankruptcies in the nation’s history. It has the potential to involve not only the national organization but thousands of claimants, over two hundred councils and potentially thousands of chartered organizations and units. The case will span over fifty states with their very different statues. The process and outcomes of this case will be studied for years and likely will establish new legal precedents.

 This Perfect Storm of events has resulted in the most serious situation that the organization has ever encountered. Some national publications are calling for congressional inquiries. Others are stating that despite 110 years of service to the nation and its youth, an epidemic of pedophilia has permeated and tainted the organization. Therefore, it should no longer have a place in American society. Could we be looking at the worst childhood abuse scandal in the nation’s history?

 There is the court of law and also the court of public opinion. The risk is that the movement may be judged and convicted in the court of public opinion before a decision can be rendered in a court of law. A detailed analysis of the claims by an independent panel will be essential. Unfortunately, the sheer number of claims will make this a very time-consuming process. What percentage of the claims will be determined to be valid? Are the vast majority of these claims related to incidents that occurred decades ago? Have the major changes made in the BSA youth protection had an impact? Or, despite our very best efforts, have we proven ourselves, as an organization, unable to protect the children and youth entrusted to us?  

 At this time, there are far more questions than answers about the future of the BSA. I have tried to identify and comment upon a few of them.

 Can the organization reach a satisfactory settlement with claimants that financially allows the organization to continue its mission? Bankruptcy attorneys have stated that a bankruptcy of this magnitude typically would stretch on for years. There are tens of thousands of victims’ claims that will need to be vetted by an appointed independent panel.  The BSA insurance companies will also need to review these claims. And the work of these groups may be slowed working within the constraints of a covid environment.

What will be the outcome of the current discussion and litigation with our previous insurance carriers? This will play an important role in the ability of our organization to move ahead. It will also greatly influence the tone of the bankruptcy claims if our past insurance companies are successful in avoiding paying claims due to perceived neglect on the part of the BSA. In addition, there are also significant long-term questions for an organization that has been increasingly self-insured. Will a re-organized national organization emerge with the financial resources to provide adequate insurance coverage for its councils, partners and units?

How this will play out at the council level remains to be seen. Despite the efforts of the national organization to shield the councils, this appears increasingly unlikely.  If the number of claims remains at the current level, the claimants’ attorneys will likely be seeking a larger pool of settlement dollars. The council assets will look very attractive.  Councils located in states that have not added extended periods for childhood abuse claims may have some additional latitude in negotiations.  Membership losses due to the pandemic, decreased cash flow resulting from hampered fund-raising, cancelled events and diminished or no camp attendance will add a lot of stress on the councils. Battling image issues with donors and others will complicate it even more.

 What impact will recent events have on the willingness of our current chartered organization partners to continue their association?  Chartered partners have been an integral part of our structure and operation. And for decades they have been shielded from much of the inherent risk. Unfortunately, the vast number of abuse claims will make many of our present partners nervous about the risk associated with Scouting. This will also hamper the recruitment of new partners. Some of our chartered organizations may find themselves in a position of needing to incur the cost and the angst of defending against claims that occurred decades ago.  If this occurs, we will have a very serious problem indeed. Are we looking at a future situation more similar to Girl Scouting where the unit and the assets are “owned” by a local council? One where the host community organization’s primary role is to provide meeting space and their liability is much more limited?

What lasting financial impact will the pandemic have upon the national and local organizations? If you combine the loss of the LDS as well as 30% or more losses of membership due to the pandemic, this loss severely impacts all levels of the organization.  It is a loss of millions of dollars that includes registration fees, a drop of activity income, a decline in product sales and a reduction in the base of potential donors. Several of our councils were already financially struggling before the recent events.

 The image of the BSA as a safe environment for youth has been severely damaged. There is no way to avoid that conclusion. We can anticipate that the organization will continue to be blasted from a variety of directions as this case progresses. If Boy Scouting is to survive, it must be able to successfully communicate two messages. First, the current program is safe for our youth. The organization must be able to show that the changes that were initiated over three decades ago have made a significant difference. The second message is that the organization will own its past failures in protecting youth and will demonstrate a sincere effort to reach a fair and just settlement with victims The organization’s response as we deal with this crisis and the aftermath will determine how families, partners and donors view us.  It will affect their willingness to be associated with the BSA. Unless we can accomplish this, the BSA will not survive.

If the program survives and I sincerely hope that it does, it is likely to be a very different program. The specific form remains uncertain. We can expect a need to significantly reduce  operating expenses including staffing. There will be financial strain caused by legal expenses and settlement costs at both the national and council levels. In addition, membership losses from the pandemic may be significant. I would anticipate that we are may see the closure and/or sale of several camps as well as the consolidation of many councils. We currently have several councils that do not have the long-term ability to withstand this intense combination of severe membership losses, loss of income and potential settlement costs. Some councils already have begun merger discussions.

 We can anticipate that this situation will take many different turns, some of them predictable. Others will be unexpected.

 I expect the BSA to appoint a blue ribbon independent “commission” to review our programs. They will review what we have learned and will make recommendations for the future.  This will be part of the effort to rebuild our organizational credibility. I would not be surprised if this type of independent review becomes an on-going process. Youth safety and protection must remain our primary focus. It cannot be overstated that we must be able to convincingly communicate this priority to our stakeholders, as well as the general public.

 Lessons Learned from our Past

What lessons have we learned from our past? This crisis has elements that are unique in our history. The timing of how they have all coalesced at the same time makes the situation  especially challenging. Nevertheless, there are lessons: 

First, within Scouting, any experienced Scouter can tell you that the Scouting program ultimately occurs at the unit level.  During the previous times of crisis, those units that focused upon their mission of serving youth with high quality and safe programs not only survived but thrived. Determination and a commitment go a long way. During the 1970’s as Scout troops folded throughout the country, other units offered remarkable experiences and grew in membership. The best thing most of us can do to support Scouting is to provide exceptional programs to the best of our ability in this challenging environment.

Second,  our message is critical. During the crisis in our early years and the Great Depression. Scouting was very effective in getting out its message of being a positive and needed youth program. What is our key message today and how do we get it out?  A core group of advocates is essential to help tell this message and to provide support.  There are millions of alumni nationwide who have a personal desire in seeing the BSA survive and thrive. Are we communicating with them and enlisting their support? We have built up goodwill over many decades. Now is the time to tap this goodwill.

 Exceptional leadership at the national, council and local level will be essential to navigate successfully through the crisis. This applies at both the professional and volunteer levels. Sometimes this leadership is already in place. Other times it emerges as it did with the hiring of the young attorney James West in our early years who provided the growing organization with very visible leadership. Will we see this type of leadership?

 In closing, I am reminded of the words that the widow of our troop’s first Scoutmaster wrote in 1976 to me:

 I recalled the early days of Scouting. It seemed so right for boys, and men as well, as boys were most enthusiastic about the program. How wise were the men who established the high ideals which gave boys the desire to do their best!

Bertha L. Frank (widow of Homer M. Frank)

November 29, 1976     

First Scoutmaster of Troop 1, Jeffersonville

First Scout troop in Southern Indiana 1911

Organizations that successfully navigate a severe crisis recognize that the objective is not survival but a greater cause. And Scouting since its formation has had that vision of making a difference in lives and in the nation. That need today for Scouting is perhaps greater than it has ever been.

 

 

 

 

[David CO]

58 minutes ago, gpurlee said:

 If Boy Scouting is to survive, it must be able to successfully communicate two messages. First, the current program is safe for our youth.

I disagree with you here.  I think we need to be truthful and transparent about the risks.  All youth programs have inherent risks.  Football has risks.  Baseball has risks.  Scouting has risks.  We should not say scouting is safe.  We should give the scouts/parents the facts, and let them decide if scouting is an acceptable risk.

BSA really messed up by not being transparent about the risks.  In an attempt to recruit more scouts and increase numbers, scouting officials told the parents that scouting was safe.  It wasn't true, and the scouting officials knew it wasn't true when they said it.  

We should not continue that mistake by communicating a message that scouting is safe.