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October 22, 2004

Board of Directors Enforces the Association's Conflict of Interest Policy
District 5 Chairman Michael Tate Removed for Violating Policy

During its meeting on October 21, 2004, the Board of Directors of the Utah Youth Soccer Association removed Michael Tate from office for violating the Association's conflict of interest guidelines. The Board's action, which followed an investigation and hearing, was taken to enforce the Association's standards regarding conflicts of interest.

The Association has a bylaw and an accompanying policy that address potential conflicts of interest. Bylaw 2:16:01 states as follows:

No member of UYSA shall engage in any position or function of UYSA in an effort to gain advantage for their personal or business gain. Any potential conflict of interest shall be declared in a disclosure statement to the UYSA Board of Directors. The statement may be submitted voluntarily or upon request of the President. The Board of Directors will investigate and, if necessary, take action for removal of the individual from their position in UYSA.

This bylaw is supplemented by the following policy, which is applicable to State Officers and members of the Board of Directors:

No Member of UYSA Board of Directors or State Officer as defined in Bylaw 2:02:01, 2:04:01, and 2:05:01 may receive remuneration (except for reimbursement of approved expenses) for the performance of services as an officer or director of the Association. Members of the Board of Directors and State Officers must disclose any affiliation that might create an actual or perceived conflict of interest. Members subject to this policy shall be considered to have a conflict of interest if:
(a) the Member has existing or potential financial or other interest that impairs or might reasonably appear to impair that Member's independent, unbiased judgment in the discharge or his or her responsibilities to the Association; or,

(b) the Member is aware that a member of his or her family, or any organization in which the Member (or member of his or her family) is an officer, director, employee, member, partner, trustee or controlling stockholder, has existing or potential financial or other interest that impairs or might reasonably appear to impair that Member's independent, unbiased judgment in the discharge or his or her responsibilities to the Association. For the purposes of this provision, a family member is defined as a spouse, parent, sibling, child, and any other person that resides in the same household as the Member.

Members shall disclose to the Board of Directors any possible conflict of interest at the earliest practical time. Each Member shall complete and sign a disclosure form provided annually by the Secretary. Furthermore, a Member who has disclosed a conflict of interest shall not participate in discussions of, and shall abstain from voting on, any pertinent matter under consideration by the Board of Directors. The minutes of these meetings shall reflect that a disclosure was made and that the Member having a conflict or possible conflict of interest abstained from voting. Any Member who is uncertain whether a conflict of interest may exist in any matter may request that the Board of Directors resolve the question in his or her absence by majority vote.

In this instance, the Board of Directions voted by a more than two-thirds majority to adopt the following resolution: Be it resolved that the Board of Directors, having conducted an investigation pursuant to UYSA Bylaw 2:16:01, hereby removes Michael Tate from his position as Chairman of District 5 and as a member of the Board of Directors of the Utah Youth Soccer Association. Accordingly, on October 21, 2004, Michael Tate was removed from the Association's Board of Directors and his position as Chairman of the Association's District 5.


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