June 16, 2004

A Message from the Executive Committee

Dear State Council Members and Friends in the Utah Soccer Community,

The primary mission of the Utah Youth Soccer Association is to offer soccer opportunities to youth players of all ages, abilities, and inclinations. The broad scope of this ambition provides our organization with the potential to unify our soccer community and to accomplish together what cannot be achieved alone. The successful passage of Salt Lake City Proposition No. 5 is just one example of what we can do when we cooperate. But our organization's greatest strength--namely, its commitment to serve all youth players---can dissolve into disharmony when our constituent parts focus on narrow or temporal interests instead of our collective mission. Our everlasting challenge is to dedicate ourselves to working together for the good of our game.

It has become apparent that the organizational structure of the Utah Youth Soccer Association is due for an overhaul. What began more than twenty-five years ago as a loose confederation of independent organizations scattered around the state has evolved into a large organization spanning the entire state, from Richmond to St. George. In the past, organizations within the Association could operate almost in isolation. But now, as the Association has developed into a vibrant soccer community where players can move freely among member organizations, our Association appears, from the outside, to be haunted by inconsistencies and variances that can hinder and confuse our members.

Many of the districts of the Utah Youth Soccer Association were born as independent organizations that enjoyed complete autonomy in their operations. But now, as our soccer community has become more integrated and players have become more transient, the districts of the Utah Youth Soccer Association must operate with more uniformity. Our challenge is to achieve a certain level of administrative consistency without sacrificing the flexibility of local organizations to meet the differing needs of their respective communities. We cannot work together if every district operates completely differently; conversely, we cannot optimally serve our membership if every district is exactly the same.

The existing bylaws and policies of the Utah Youth Soccer Association can only be described as byzantine. Inaugurated more than a quarter century ago, the Association's governing documents are now beset by contradictions and inconsistencies. Many provisions are obsolete, while others reflect conditions that long ago changed. Layer upon layer of bylaws, added over the years with contributions from dozens of authors, has yielded a set of bylaws and policies that threaten to paralyze the progress of our soccer community.

The decrepit foundation of these governing documents cannot be remedied though further tinkering, however well-meaning. Consider, for instance, the problems that have arisen from the most recent amendments. Two years ago, the State Council voted at the 2003 Annual General Meeting to adopt a series of bylaw amendments to grant official recognition to "clubs."

Unfortunately, these "club bylaws" simply grafted another layer of confusion on a governing structure that was already dangerously dysfunctional. Although we support the acceptance of clubs into the Association, the addition of the "club bylaws" did not yield a coherent set of guidelines for the operation and governance of our organization. The respective rights, responsibilities, and relationships of the districts, leagues, and clubs are not perfectly defined or delineated.

There is little doubt that the Association's bylaws are far from ideal. But the fact remains that these bylaws are the governing authority of our organization. It is therefore our responsibility to administer the existing bylaws and policies of the Association for the benefit of our membership.

We intend to pursue both short-term and long-term strategies to resolve the problems that are emerging from our governing documents. In the long-term, we plan to initiate a process that we hope will culminate in the adoption of a completely new set of bylaws and policies to take effect for the 2005-06 seasonal year. This process will require extensive dialogue and the development of consensus. Furthermore, it will only succeed if we establish a culture of civility. We must be able to have disagreements on certain issues without sacrificing our commitment to work together. Obviously it will not be possible to complete this process within a few months, let alone days or weeks.

Until this process is completed, it will be necessary for us to make the best of an imperfect situation. So long as the existing bylaws and policies remain our governing documents, we will have to interpret them in good faith and make administrative decisions that will allow us to serve the players of our state.

Many of you are aware of what has been chided in some quarters as the "registration mandate from the dictator" regarding the registration process for the 2004-05 seasonal year. This memorandum came from Vice President Scott Maxfield, who was fulfilling his responsibility under Bylaw 2:02:01(B) to supervise the registration process. Maxfield's memorandum explained that, under existing policy, every team in the State Competition League---including those teams that may be affiliated with a club---must register in the district in which a majority of the team's players reside.

The Utah Youth Soccer Association does not currently permit any direct registration with the state association. Instead, players, coaches, and administrators become members of the Utah Youth Soccer by registering through one of the Association's seven districts. These districts, which are subdivisions of the state association and are subject to the bylaws and policies of the Association, were created by the Board of Directors pursuant to Bylaw 1:06:02, which states that "The Board of Directors shall create geographical subdivisions within the territory which shall be known as 'Districts.'"

The Districts of the Utah Youth Soccer Association are obligated to serve every one of their members. Bylaw 2:02:01(I) establishes that districts must provide administrative support to every league and program that exists in the district. Since districts are responsible under Bylaw 2:02:01(I) to "ensure all district players and volunteers are properly registered with UYSA," it follows that a district must register all teams--including club-affiliated teams---whose players reside within the district's boundaries.

The "club bylaws" adopted two years ago by the State Council do not provide club teams with any alternative method of registration. Bylaw 2:10:01 states that "A club must. . . [r]egister all of [sic] club players, coaches, and administrators with Utah Youth Soccer." While this bylaw clearly requires that a club register all of its players with the Utah Youth Soccer Association, it does not excuse club-affiliated players from following the Association's generally applicable registration rules. Nor, for that matter, does this bylaw provision authorize any district to refuse to register a club-affiliated team.

Consequently, club-affiliated teams must register with the Utah Youth Soccer Association through the district in which a majority of each team's players reside. The "club bylaws" appear to have contemplated that an affiliated club could have teams domiciled in more than one district. For example, Bylaw 1:06:05 states that "A Club includes at least 5 teams that may be organized without geographic boundaries." This statement supports the conclusion that a club may have teams registered in more than one district.

The bylaws and policies governing the registration process for the State Competition League also support this conclusion. Bylaw 6:01:01 states that "The State Competition League consists of teams engaged in competition on a statewide basis. Teams registered to play in the State Competition League may be formed without regard to league or district boundaries." The policy accompanying Bylaw 6:02:02 then provides as follows:

"Teams must register in the district/league in which the greatest numbers of rostered players reside as of the date of registration. If that number is equal, they [sic] will choose between the districts/leagues."

In accordance with these bylaws and policies, Vice President Scott Maxfield has issued the following guidance regarding the registration process for the 2004-05 seasonal year:

1. In accordance with the policy under 6:02:02, each team should register with the district where the majority of its players reside. As residents of a district and its local communities, these teams, regardless of the club or league affiliation, should be afforded the same benefits from a district and should pay the same fees to a district. Bylaw 2:02:01(I) outlines the responsibilities of the district chairperson, which include the obligation to provide administrative support to leagues and programs in the district. This means that the districts are obliged to provide club-affiliated teams with the same access to district services as non-club affiliated teams. It does not matter what color uniform or what name a team chooses to call itself. Districts have the responsibility to provide all players registered by the district with the same rights and privileges, regardless of league or club affiliation.

It is logical to assume that any discriminatory policy that might be directed by a district against players and parents who exercise their right to participate in clubs could subject the district and its officials to sanctions and discipline from the Association. Any discriminatory action by a district could also make the district as well as the Association susceptible to legal action by private individuals.

2. Regarding the assignment of fields, teams affiliated with clubs need to follow whatever reasonable procedures have been established for field procurement within the team's home district. In turn, districts need to fulfill their obligation to support every program within the district by providing equitable access to fields (and other district services) for both club-affiliated and unaffiliated teams. In an earlier e-mail, Maxfield used the word "negotiate" to describe this process. This term was not meant as an invitation for districts to extract discriminatory fees from club-affiliated teams in order to obtain services from the district. Club-affiliated teams should not be subjected to fees above or beyond a district's uniform fee structure. Equality is the order of the day.

3. Please note that a district is not required to follow these guidelines if the majority of the players listed on a team's roster reside outside of the district's boundaries. Such non-resident teams are not entitled to services from another district. (Non-resident teams may negotiate with another district to secure a place to play and may agree to pay the local entity an appropriate usage fee. Caution should be taken, however, as city, county, and school officials might frown on districts deriving a profit from "renting" public fields to non-residents.)

We appreciate that there are other potential interpretations of the Association's existing bylaws and policies. But it is our obligation to interpret the Association's bylaws and policies so that we can facilitate the ongoing registration for the 2004-05 seasonal year. We certainly look forward to the day when the State Council ratifies a new set of bylaws and policies for the Association. Until that day arrives, we all need to work together, under the present rules, to build soccer in our communities.

The Utah Youth Soccer Association is fortunate to have the cooperation and trust of the public and public entities. To maintain that trust, it is essential that all players and parents be treated fairly. We encourage everyone to remember the wise counsel that it is our obligation to "keep the welfare of youth foremost and free from any adult compulsion for power and glory." Let us work together through imperfect circumstances to serve all of the players of our Association.

Sincerely,
EXECUTIVE COMMITTEE
UTAH YOUTH SOCCER ASSOCIATION
Paul C. Burke, President
Scott Maxfield, Vice-President
Bruce Cuppett, Director of Development
David Malchenson, Boys Competition Director
Debbie Haycock, Girls Competition Director
Jodi Wells, Secretary
Rick Henage, Treasurer