Boy Scout Council loses in court

Merging of the Hiawatha Seaway Boy Scout Council and the Cayuga County Council hasn't gone smoothly.

In a tussle over ownership of nearly $1 million in assets, a state Supreme Court judge has ruled that the former Cayuga Council must turn it over to the national Boy Scouts of America.

The Dec. 21 decision by Judge Ann Marie Taddeo determined that the BSA was within its rights not to renew the Cayuga Council's charter and that once it is dissolved, all of the council's property should revert to the BSA.

Assets include an endowment fund, capital fund, office building and majority of board seats on Owasco Lake Association, where the Cayuga Scouts leased land for Camp Rotary.

"We hope to have the Auburn office open very soon," Hiawatha Seaway Council Executive Richard J. Avery Jr. said. "Because of the judge's ruling, it does belong to the Boy Scouts. They have not turned the assets over. I believe they have to do so within 30 days of the court order."

Cayuga Scout leaders who took the assets haven't determined yet whether to appeal the judge's order, said Charles A. Bouley Jr., one of three "trustees" to whom the council transferred the office building for $1.

Mr. Bouley declined to answer other questions.

Mr. Avery said the merger is intended to keep Scouting alive in Cayuga County, not to dismantle it.

"It's national's plan to take smaller councils and merge them. It's for efficiency," he said. "We've been concerned with youth from day one. We've provided great service to youth and adults since we've been asked. Scouting is happening. They are being serviced by a district representative."

The Cayuga Council had fewer than 30 scouting units serving 600 youngsters before Hiawatha Seaway Council took it over.

"That's very small," Mr. Avery said. "It was one of the smallest councils in the country."

Both the BSA and Hiawatha Seaway Council, which covers Jefferson, Lewis, Onondaga, Oswego and St. Lawrence counties, approved the merger. The Cayuga Council, which also covered the town of Red Creek, tabled the vote last summer and didn't schedule another meeting.

When the Cayuga charter ran out a short time later, the BSA did not renew it as it had warned.

When Judge Taddeo made her ruling, the property and assets were held by Cayuga Youth Trust.

Being under the umbrella of Hiawatha Seaway Council, which is selecting a new name, will give Cayuga Scouts an Internet presence and increased access to Scouting materials, Mr. Avery said.

"We are going to change in that we are going to increase everything," he said.