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Unapproved draft minutes UTAH YOUTH SOCCER ASSOCIATION CALL TO ORDER The regular monthly meeting of the Board of Directors of the Utah Youth Soccer Association was called to order by President Paul C. Burke at 8:00 p.m. at the State Office of the Utah Youth Soccer Association in Salt Lake City, Utah. The following Board members were present during the meeting:
Paul C. Burke, President Also present were Scott Harward (Executive Director), Greg Maas (Technical Director), and Tina Patterson (State Registrar). Board members who were excused or absent included Scott Maxfield (Vice President), Arnold Wilcox (Chairman of District 1) (Salt Lake City), Dave Mills (Chairman of District 4) (Davis & Weber Counties), Delon Brower (Chairman of District 7) (Box Elder & Cache Counties), and Günther Haidenthaller (State Youth Referee Administrator). WELCOME President Paul C. Burke welcomed all those in attendance at the meeting. Burke informed District 6 Chairman Richard Messenger that Burke had received an e-mail request from District 5 Chairman Dave Mills to proxy his voting rights to Messenger. Burke inquired whether Messenger wished to present the proxy for consideration by the Board. Messenger declined out of concern for setting a precedent that might suggest that a member of the Board could carry multiple votes. Burke thanked Messenger for setting a principled example. ADOPTION OF MEETING RULES Motion was made, seconded, and approved that the published agenda would govern the subject matter of this meeting; that reports and consideration of business would be completed during the time allotted by the meeting agenda and these meeting rules; that reports from officers and committees could not exceed five minutes without permission from the Chair; that each district report could not exceed three minutes without permission from the Chair; that the review of the District 5 and League 26 situation, and consideration of potential action by the Board, would not exceed thirty minutes; that consideration of each discussion item would be limited to fifteen minutes absent an extension granted at the discretion of the Chair; that discussion of action items would not exceed fifteen minutes without permission from the Chair; that the Chair would be authorized to call for either a subsidiary motion or a vote on the pending motion upon expiration of time allotted for discussion of action items; and that the meeting would adjourn not later than 10:30 P.M. ADOPTION OF MEETING MINUTES Secretary Jodi Wells presented the minutes from the May 20, 2004, July 15, 2004, August 19, 2004, and September 16, 2004 meetings of the Board of Directors. Wells also announced that she would accept suggestions, received the day of the meeting from District 6 Chairman Richard Messenger, to improve these minutes. Motion was then made, seconded, and approved to accept the minutes as updated. REVIEW OF LEAGUE 26 AND DISTRICT 5 ISSUES In accordance with UYSA Bylaw 2:02:04(H) and 2:16:01, President Paul C. Burke convened the Board of Directors into a hearing to consider action against District 5 Chairman Michael Tate for violating the Association's conflict of interest policy. Burke said that he was recommending that the Board take action in this case in order to uphold the Association's rules and ethical standards. District 6 Chairman Richard Messenger questioned whether the Board of Directors possesses the power to remove a district chairman from office. Burke responded that the Association's bylaws expressly authorize the Board of Directors to remove Board members for violating the Associations' conflict of interest standards. Burke cited UYSA Bylaw 2:02:04(H), which states that "[t]he Board of Directors shall be responsible for the operation of the Association and conducting the business and affairs of the Association, including but not limited to, . . .[s]uspending, barring, or otherwise disciplining any player, coach, . . .or State, District or League Officer…." Burke also quoted the Association's conflict of interest bylaw. UYSA Bylaw 2:16:01 states that "[t]he Board of Directors will investigate and, if necessary, take action for the removal of the individual from their position in UYSA." Lest there be any doubt about the Board's power to enforce the Association's conflict of interest policies, Burke invited the Board, as a threshold matter, to issue an interpretation of the Association's bylaws. Motion was then made and seconded to affirm that UYSA Bylaw 2:16:01 expressly indicates that the Board of Directors has the authority to remove members of the Board of Directors for violating the Association's policies regarding conflicts of interest. Messenger argued that the Board of Directors cannot remove a district chairman because district chairs are elected at the district level. Burke rebutted Messenger's argument that district chairs could somehow be free to violate the Association's conflict of interest policy without consequence from the Association's Board of Directors. First, Burke explained that Messenger's contention is flatly contradicted by the express, plain language of the Association's bylaws. Bylaw 2:16:01, which was adopted by the State Council and which serves as the governing authority for the Association. Another bylaw expressly vests the Board of Directors with the power of "[s]uspending, barring, or otherwise disciplining any . . . State, District, or League Officer." Second, Burke explained that Messenger's argument was based on the false premise that districts are independent of the Association. To the contrary, the seven current districts of the Association were created by the Board of Directors pursuant to Bylaw 1:06:02, which states that "[t]he Board of Directors shall create geographical subdivisions within the territory which shall be known as 'Districts.'" These districts remain subject to the governing authority of the Association, which Bylaw 1:07:03 assigns to the Board of Directors between meetings of the State Council. Third, Burke explained that the Utah Youth Soccer Association is a corporation, and its Board of Directors possesses the power to enforce the corporation's rules regarding the membership and conduct of members of its board of directors. After the question was called, the Board of Directors voted, with only Messenger in opposition, to affirm that the Board of Directors has the authority to remove members of the Board of Directors for violating the Association's policies regarding conflicts of interest. The following motion was then made and seconded: 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. President Burke directed the Board of Directors to review the bylaw addressing business conflicts of interest. UYSA Bylaw 2:16:01 states, in pertinent part, 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. President Burke also called the attention of the Board of Directors to the Association's conflict of interest policy, which states as follows: CONFLICT OF INTEREST POLICY (emphasis added) President Burke called upon the Board of Directors to adopt the pending motion owing to two separate violations of the Association's conflict of interest policy. First, District 5 Chairman Michael Tate failed to disclose that his wife is a partner in a sports equipment company that was doing business with League 26 of District 5. Second, Tate also failed to disclose that he received payments from League 26 for providing coaching services. Burke said that each of these violations independently merited Tate's dismissal from the Board of Directors. District 6 Chairman Richard Messenger immediately questioned whether it was necessary for the Board to address this subject in view of the Board's discussion in August and its referral of a report to the Board of Directors of District 5. Burke responded that it had been appropriate for the Board to have investigated the concerns and to have made a report to the district board. However, the lack of action by the district board did not resolve the issue or absolve the Association's Board of Directors from enforcing the organization's conflict of interest policy. President Burke presented the Board with a copy of the conflict of interest disclosure that was submitted by District 5 Chairman Michael Tate in March. Click [here] for a link to the disclosure form. The disclosure form contains both a misrepresentation-namely, Tate stated that he was not paid by League 26 for coaching and training players-and an omission, namely, Tate failed to disclose his wife's co-ownership of Soccer World Supplies, a business enterprise that conducted significant amounts of business with a league under the jurisdiction of Tate's district. President Burke first directed the Board's attention to the matter of Soccer World Supplies. According to an investigation conducted on behalf of the Board of Directors, more than $32,000 was paid by League 26 to Sports World Supplies for soccer equipment during the last three years. Records maintained by the State of Utah indicate that Soccer World Supplies is a partnership between Brenda Taylor, who was president of League 26 until only months ago, and Felicity Tate, who is the wife of Michael Tate and was both the secretary of League 26 and District 5. Neither Felicity Tate nor Taylor declared or disclosed their ownership of Soccer World to other League 26 officials. Burke presented evidence demonstrating that League 26 President Brenda Taylor had submitted payment requests that League 26 Secretary Felicity Tate had then approved to pay significant amounts of money to a business organization owned by Taylor and Felicity Tate. An example of such a Funds Disbursement Request Form can be reviewed by clicking [here]. Although records filed with the State of Utah indicate that Soccer World Supplies was based at the residence of Michael and Felicity Tate, invoices from Soccer World Supplies to League 26 list a different address for Soccer World Supplies-that of Brenda Taylor's daughter. Click [here] to review a copy of such an invoice. In view of this undisputed evidence, Burke called on the Board of Directors to remove Michael Tate from office. District 6 Chairman Richard Messenger argued against removing Tate from office because Messenger believed that the Board of Directors should accept Tate's representation that he had not been aware of his wife's business activities. Messenger pointed out that documentation for Soccer World Supplies listed Felicity Tate, not Michael Tate. District 2 Chairperson Leisa Vineyard said that Michael Tate should not be sanctioned for failing to disclose Soccer World Supplies because Tate had denied knowing anything about it. President Burke responded that the Board was not obligated to accept Michael Tate's representation; rather, the Board was entitled to weigh Tate's credibility in view of indisputable facts. Burke noted, for instance, that it was undisputed that product deliveries for Soccer World Supplies were made to Tate's address. Bank statements for Soccer World Supplies were also delivered to Tate's home. Burke also said that the Board should take notice that Tate had declined opportunities to provide requested records. The Association lacks subpoena power, Burke said, but the Board was entitled to contemplate why Tate might refuse to provide evidence that, if his representations were true, would tend to vindicate him. Boys Competition Director David Malchenson observed that Tate had refused to allow the Board of Directors to review his tax return to see if it listed Soccer World Supplies. Because Soccer World Supplies is a partnership, its profits and losses are attributable to its partners, Brenda Taylor and Felicity Tate. Since Tate acknowledged that he has filed joint tax return with his wife, the couple's tax returns should include references to Soccer World Supplies. Burke said that there were two possibilities: if the Tates' tax returns list Soccer World Supplies, then Tate must have been aware of Soccer World Supplies and he lied to the Board. The other possibility is that Tate's returns do not list Soccer World Supplies, which would support Tate's story but might jeopardize his relationship with the Internal Revenue Service. Tate has refused offers to redact his tax returns for inspection by the Board in Executive Session. President Burke also reminded the Board of Directors of Tate's failure to disclose that he was receiving payment for training players from League 26. Burke said that the Association had been harmed by this omission. Last summer, while the Association's Technical Director tried without success to organize summer camps in Utah County, Tate was operating summer camps from which he derived financial benefits. Burke said that Tate's omission suggested a betrayal of his fiduciary duties to the Association. President Burke invited District 5 Chairperson Mike Tate to address the matters before the Board and to respond to the evidence that had been presented. Tate acknowledged that he had not disclosed his receipt of payments for coaching, but he denied causing any harm to the Association. Moreover, Tate said that he had been running summer camps for EPSA for the last five years. This revelation prompted Burke to ask Tate why he had also failed to list these EPSA camps on his conflict of interest disclosure form. In response, Tate accused Burke of pursuing a personal vendetta against him. Burke responded that this process gave him no pleasure but that it was his responsibility to uphold the Association's ethical standards. Treasurer Rick Henage, Director of Development Bruce Cuppett, and Girls Competition Director Debbie Haycock then expressed concerns about Tate's failures to make required disclosures and about the impact of these failures on the Association's standing and reputation. Haycock noted that the Board had numerous discussions during the last year about the conflict of interest policy, and that there had been numerous opportunities for Tate to seek clarification about his duties under the policy. When the question was called, President Burke explained that the motion would require a two-thirds vote in favor to remove Tate from the Board of Directors. The motion passed by a vote of 8-4, with Tate recused from voting. Upon request for a roll call vote, the following votes were recorded:
Richard Yoder, proxy for the Vice President, voted in favor of the motion. (1 vote) President Burke then announced that Michael Tate had been removed from the Board of Directors and from his position as Chairman of District 5. RECESS President Paul C. Burke announced a five minute recess. The meeting was called back to order at 8:50 p.m.
REPORTS TECHNICAL DIRECTOR Technical Director Greg Maas reported that the US Youth Soccer Clinic on September 24, 2004 was a big success. More than 150 players attended the clinic at Lone Peak Park. Maas thanked District 3 Chairman John Lowery for coordinating the facility and arranging for the use of the park's lights. Maas announced that, during the 2004-05 seasonal year, the Utah Youth Soccer Association's Olympic Development Program (ODP) will serve boys and girls born in 1988, 1989, 1990, 1991, and 1992. Tryouts will be held at locations throughout the state on October 30th, November 6th, 13th, and 20th. Maas also reported that, in his capacities as Region IV ODP Head Goalkeeper Coach and a Region IV ODP Assistant Head Coach, he will be attending the US Youth Soccer Interregional ODP Event from November 25-29 in Austin, Texas. DIRECTOR OF DEVELOPMENT President Paul C. Burke thanked Director of Development Bruce Cuppett for his service as the Chairman of the host committee for the Region IV Workshops, which were held in Salt Lake City from October 15-17, 2004. Cuppett then reported that the Fall Region IV Workshops were a great success. Cuppett extended his thanks to Jodene Smith, Linda Kay Messenger, Jodi Wells, Richard Yoder, and the UYSA Office Staff for helping organize and administer the workshops. Cuppett reported that the regional workshops served as an excellent dress rehearsal for the US Youth Soccer National Workshops, which will be hosted in Salt Lake City on February 17-19, 2005. Cuppett also said that he was pleased that the Association's Annual General Meeting will be February 4-5, 2005, two weeks before the national workshops. Cuppett encouraged members of the Association to plan to participate at both events. STATE COMPETITION DIRECTORS Girls Competition Director Debbie Haycock reported that, with few exceptions, the fall season has run smoothly. Haycock noted that she had received a few reports of games where officials had lost control, and she also recommended that the Board revisit the policy for rescheduling matches. Boys Competition Director Dave Malchenson offered a similar report. Malchenson also indicated that he is planning a series of meetings with coaches to solicit feedback and suggestions. The first of these meetings was scheduled for Friday, November 5th. ONLINE MANAGEMENT SYSTEM COMMITTEE District 3 Chairman John Lowery, who also serves as the project manager and the chairman of the Online Management System Committee, presented a progress report. The suggestions collected during the previous month have been forwarded to Affinity Development Group (ADG) and work has begun on these improvements. Lowery also reported that the scheduling module is working well, and is being integrated with the referee module, which will allow assignors to enter referees, and will allow referees to submit match reports into the system. Lowery also reported on the development of a feature to facilitate the rescheduling of matches though online requests. Lowery is also working with Executive Director Scott Harward and ADG to develop the format for an online registration system to be implemented next spring. DISTRICT REPORTS District 7 No report due to the absence of District Chairman Delon Brower. District 6 Chairman Richard Messenger reported that the district's Tiny Tots Program has been a great success and will be expanded next string. Messenger also reported on a successful TOPSoccer activity. Finally, Messenger reported that the district is exploring the club concept as a method for improving the quality of the competition program in the area. District 5 No report. District 4 No report due to the absence of District Chairman Dave Mills. District 3 Chairman John Lowery expressed thanks to Keith Utz and Sandy City for having made it possible for the State Cup Finals to have been held at Lone Peak Park. Lowery also reported on efforts to reschedule games that have been rained out during the fall. Lowery said that the State Competition League needs to either enforce or change the rescheduling policy. District 2 Chairperson Leisa Vineyard reported that there are two teams from her district that other teams do not wish to play due to problems and concerns about inappropriate behavior. District 1 No report due to the absence of District Chairman Arnold Wilcox. DISCUSSION ITEMS REVIEW OF FALL STATE CUP Director of Development Bruce Cuppett and other Board members expressed numerous concerns about the organization and leadership of the fall State Cup. Among the issues discussed included the problems securing the use of fields; the late release of schedules; the late assignment of fields that had been listed on the schedule as "to be determined;" the fact that some teams played only two games and may have been essentially eliminated after a single match; the scheduling of back-to-back matches, particularly during the elimination round; the scheduling of evening matches on school nights, particularly when teams also had significant travel obligations; the scheduling of the finals for a weekday evening rather than a Saturday. On the bright side, Registrar Tina Patterson reported that the Online Management System had simplified and improved the accuracy of the rostering process. There was a consensus that State Cup must be operated far better in the spring because this tournament must be the premier youth tournament of the year. Numerous Board members recommended changes for the operation and leadership of the tournament. REVIEW OF SIDELINE POLICY IN STATE COMPETITION LEAGUE President Paul C. Burke welcomed Eric Blommer to address the subject of the sideline policy. At Blommer's suggestion, Burke had commissioned a web-poll on the subject and then scheduled this discussion to review the impact of the sideline policy that the Board had implemented at the beginning of the year. Comments from the web-poll were distributed to Board members, and Burke encouraged the Board to read the many thoughtful comments. Blommer admitted that, as a parent and coach, he had conflicting feelings about the sideline policy, but he encouraged the Board to listen to the views of parents, because parents pay the bills for the organization. Blommer encouraged the Board to revert to the previous policy so that coaches would be able to monitor the behavior of parents on their own sidelines. Several Board members noted that coaches should be principally concerned with coaching players rather than parents. Many Board members then recounted anecdotal stories about parental misconduct. It was also noted that players and coaches seem to favor the current policy, whereas many vocal parents seem to prefer a return the sideline of their teams. Technical Director Greg Maas reminded the Board that the current policy was adopted because it best serves the interests and development of players. Maas explained that the current policy is consistent with how the game is played in most state associations and particularly at the highest levels of competition. If the Association is plagued with reports of parental misconduct, Maas encouraged the Board to address parental behavior rather than change a policy that benefits player development. District 2 Chairperson Leisa Vineyard agreed that parental education is the key, and Discipline Committee Chairman Richard Yoder suggested that the current sideline policy be amended to specify a certain area for the parents of each team. On the basis of an unscientific and non-binding straw poll, the Board directed President Paul C. Burke to prepare revisions to the sideline policy that would segregate the parents from the respective teams, provide for a buffer between them, and expressly authorize referees to take actions necessary to calm the sidelines from parental misconduct. Burke said that policy revisions would be prepared for consideration at the next meeting of the Board. FEE STRUCTURE AND BUDGET FOR 2005-06 SEASONAL YEAR President Paul C. Burke reported that he is working with Treasurer Rick Henage and Executive Director Scott Harward to develop a budget and fee structure for the 2005-06 seasonal year. Burke issued an open invitation to other Board members as well as interested members of the Association to participate in the development of the budget. Director of Development Bruce Cuppett reported that the Utah Youth Soccer Association is the only state association in Region IV that did not increase its fees during the last year (although UYSA did pass through a fee increase from US Youth Soccer). Cuppett acknowledged that fee increases are always a last resort, but he believes that the Association must consider an increase in order to offset its rising costs. The Association's insurance costs have increased dramatically, for instance. Cuppett said that the Association may have no choice but to increase fees in order to fund its programs. In response, Burke said that the Association has thus far been able to avoid a fee increase because of efficient management. Burke credited Executive Director Scott Harward, former Treasurer Tom Borrowman, current Treasurer Rick Henage, and the Board for helping to squeeze more productivity out of the Association's finances during the last eighteen months. As example, Burke pointed to Harward's recent discovery of discrepancies between the number of players entered in the online management system and the amount of fees submitted to the Association. Burke expressed hope that the Association might avert a fee increase by increasing its collections rate. Turning to the development of the budget for the Association's 2005-06 fiscal year, Burke reported that the goal will be to develop a balanced budget with fee equity. Burke said, however, that the Association should expect a change in the fee structure for a variety of reasons. First, based on an analysis of the Association's previous fiscal year, it appears that competition players are currently receiving services from the Association in excess of their share of fees paid. Burke said that he expected a proposal that would balance the ratio of fees paid by recreation and competition players with the ratio of services provided to each group of players. Second, Burke cautioned that some changes in the state association's fee structure will be necessary to take advantage of powerful features in the online management system. For example, because the system includes a referee assigning module, Burke expects that the State Office will either supervise or subcontract the responsibility for assigning all matches in the State Competition Leagues. As a result, assigning fees will likely be built into the team entry fees for the State Competition League. Burke said that he expects that the proposed budget will be presented in November for the Board's consideration. ACTION ITEMS PRESIDENTIAL APPOINTMENTS Motion was made, seconded, and approved unanimously to ratify the appointments by President Paul C. Burke of the following officers for the 2004-2005 seasonal year. Top Soccer Chairperson: Paul Skinner ODP Administrator: Judy Martin APPROVAL OF ODP STAFF FOR 2004-05 SEASONAL YEAR Technical Director Greg Maas thanked the Board for its previous support of the Association's Olympic Development Program (ODP). Maas then presented his appointments to the ODP Coaching Staff for review by the Board. Maas explained that he took great pains to avoid potential conflicts of interest involving these coaches. Maas encourage any member of the Association to contact him with any concerns about conflicts of interest or conduct involving ODP staff. Motion was then made, seconded, and approved to approve the following appointments by Technical Director Greg Maas of the coaching staff of the Olympic Development Program for the 2004-2005 seasonal year:
EXECUTIVE SESSION Motion was made and seconded to move into executive session to discuss personnel benefits. Upon returning from executive session, the Board announced that it had voted to authorize the administration to initiate a 401(k) program for the benefit of the Association's employees. District 6 Chairman Richard Messenger, the father of the Association's receptionist, recused himself from voting on this subject. ADJOURNMENT Motion was made, seconded and approved to adjourn at 10:33 p.m. The next meeting of the Board of Directors of the Utah Youth Soccer Association is scheduled for Thursday, November 18, 2004 at 7:30 p.m. This meeting will be held at the State Office of the Utah Youth Soccer Association. These draft minutes were prepared by Secretary Jodi Wells. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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