To All,
There is a proposal at this year's annual convention that will eliminate sections three and four from rule 115b. My computer does not have the capability to cut and paste the proposal here. I would like to get some feedback from you as to your opinion of this proposal. It is proposal LR4.
http://www.bowl.com/downloads/pds/2008ProposedAmendments.pdf
Thank you in advance for your time.
Dear PrinceVince:
I clicked on your link, and I received the following message:
If you reached this page via a Bookmark or Favorite, please be sure to update it to the correct address. Click here for the Bowl.com homepage.
[I'll take a look at it under the USBC Convention area].
RULE PROPOSAL NO. LR 4
PRESENT RULE…
Rule 115b. Nonpayment of Fees and/or Improper Withdrawal
USBC Playing Rules
In Youth leagues that do not have a board of directors, the league supervisor/official is responsible for the duties of the board.
When a league member is accused of failing to pay league fees and/or withdrawing without sufficient cause, the league must try to resolve the matter. If the matter is not resolved, the following procedure shall apply:
1. A complaint shall be submitted, in writing, to a league officer or supervisor/official. Upon receipt of a written complaint, the league proceeds as follows:
a. Within one week after receipt, the president/supervisor should schedule a meeting of the league’s board of directors, and the board shall be notified. The meeting should be held at the earliest possible date.
b. Provides written notice and a copy of the complaint to the individual(s) charged. Such notice:
1) Should be sent by first class mail or be hand delivered.
2) Shall notify the individual of the date, time and place of the meeting, as well as his/her right to attend and offer a defense. If the accused is a youth member, the parent or guardian also must be invited to the meeting.
c. Prepares a roster listing those present and absent. A quorum of the board of directors must be present at the meeting.
d. Maintains minutes of the meeting and all documents relating to the charges. The minutes shall include:
1) An accounting of arrearages, including dates and amounts. The bowler may not be charged for more than six (6) sessions.
2) Whether the accused was present or absent when the arrearage occurred.
3) The date of replacement (if applicable).
e. Votes to determine if the accused is guilty. A two-thirds vote of the board members present and voting shall be required. After voting:
1) If found not guilty (two-thirds vote not achieved), the charges are dismissed.
2) If found guilty, the local association or USBC Headquarters is to be furnished with a copy of Items a-g indicated below and should be submitted within 30 days after the league meeting.
a) The meeting notices.
b) The meeting minutes.
c) List of board members, officers and team captains present or absent.
d) The vote count for the recommendation of the league’s board.
e) Amount charged to defendant(s) and all supporting documents and material. (See Rule 115b, Item 1-d)
f) Exact date(s) each defendant is being charged for. The bowler may not be charged for more than six sessions.
g) The league rules.
2. Upon receipt of the file, the local association manager shall verify that complete information was provided and submit a copy of the file to USBC Headquarters.
a. Either pay the amount charged, or;
b. Request a hearing on the charge by submitting a written request to USBC Headquarters. When a hearing is requested:
1) USBC Headquarters will direct the local association to handle the complaint in accordance with the suspension and reinstatement procedures outlined in the USBC Bylaws book.
2) One or more of the league officers who attended the meeting of the league’s board is to appear at the local association hearing.
4. If the member does not request a hearing, USBC Headquarters will make a final decision with the information in the file.
PROPOSAL...
Delete Items 3 and 4.
REASON FOR PROPOSAL…
The USBC Legal Committee is charged with making sure due process is provided in all procedures in which membership privileges may be suspended. Items 3 and 4 of Rule 115b contain the essence of due process for nonpayment / improper withdrawal charges. The Committee is asking that Items 3 and 4 be removed from the Playing Rules book and instead be included in Committee's policy manual - leaving the responsibility for amending these Items to the Committee.
Presented by: USBC Legal and Legislative Committee
Recommended for adoption by the USBC Board of Directors
I do not like the proposal. I have had very limited indirect interaction with the Committee, but between that interaction and what I have heard here and from others who have had direct interaction with the Committee, I would have SERIOUS reservations in giving them such authority.
The bowlers that I know that have appealed issues to the Committee have always had their appeals rejected with what amounts to a "rubber stamp" of the organization that may have wronged the bowler. In all cases, the reasoning seems to be that associations, tournaments, etc., are always correct.
Rules that have "gray areas" the size of Alaska seem to always be upheld without clarification about the various areas that are up to debate by ANYONE with common sense. That is NOT how the Committee should work. The Committee is there to ensure that its MEMBERS do not have their membership rights violated by other organizations. It seems though that the Committee is constantly working to ensure those organizations are happy, while its own members may not be.
I think the entire Committee needs an overhaul and needs to grow the brass to stand up for its MEMBERS! Stop rubber-stamping things for those organizations and make some RULES that have teeth without ANY gray areas.
Dear EagleHunter:
You may not have had too much interaction with the ABC/USBC Legal Committee, and more than likely, that's a good thing.
On the other hand, I have seen and studied (and been directly involved in) a large number of cases handled by the Legal Committee, and I wholeheartedly affirm most of what you stated. In my opinion, your "perception" is excellent -- and, indeed, accurate.
I strongly and sincerely agree with the following points:
* Almost always, appeals are rejected with what amounts to a "rubber stamp" of the organization that may have wronged the bowler.
* In many cases (you say all cases), the reasoning seems to be that associations, tournaments, etc., are always correct.
* Rules that have "gray areas" the size of Alaska seem to always be upheld without clarification about the various areas that are up to debate by ANYONE with common sense. [Makes you wonder about the common sense applied by the Legal Committee, doesn't it?]
* The Committee is there to ensure that its MEMBERS do not have their membership rights violated by other organizations. It seems though that the Committee is constantly working to ensure those organizations are happy, while its own members may not be. [I might word it slightly differently, but I certainly agree with the gist of what you say].
* You say, and I quote: "I think the entire Committee needs an overhaul and needs to grow the brass to stand up for its MEMBERS! Stop rubber-stamping things for those organizations and make some RULES that have teeth without ANY gray areas." [I would go still farther and state my strong belief that THE ENTIRE USBC "SYSTEM OF JUSTICE" needs an overhaul, but I doubt it will ever happen, at least as long as Kevin Dornberger holds the reins].
It goes without saying that LR4 is recommended for adoption by the USBC Board of Directors.
Whatever the Legal Committee wants, it is supposed to get.
In some respects, it doesn't really seem to matter which rules are adopted because they aren't always followed anyway.
Even if the Legal Committee's LR4 proposal is not adopted, the Committee can just "make believe" that that it was passed and make subsequent rulings in whatever manner it so chooses.
On the other hand, I personally submitted LR3, dealing with Rule 115a, and even though I based my proposal AND reason for proposal BASED EXACTLY upon how USBC (sometimes, at least) enforces (and claims to enforce) the rule ... but my proposal is recommended for rejection. [Translated: Even though the Rules Staff, in actuality, has enforced the rule EXACTLY how I submitted it, USBC is recommending against my proposal].
But it probably doesn't make any difference whether LR3 or LR4 pass, because the USBC Rules Staff, higher-ups and Legal Committee can play their usual "take-it-or-leave-it" game, as pertaining to any of the rules.
EagleHunter,
Thank you for posting the proposal.
Vince, if you wish to be able to paste into the forums, go to edit your profile, site options and under content editor, choose "enhanced" from the drop down menu and save.
MightyFish: Dear EagleHunter: You may not have had too much interaction with the ABC/USBC Legal Committee, and more than likely, that's a good thing. On the other hand, I have seen and studied (and been directly involved in) a large number of cases handled by the Legal Committee, and I wholeheartedly affirm most of what you stated. In my opinion, your "perception" is excellent -- and, indeed, accurate. I strongly and sincerely agree with the following points: * Almost always, appeals are rejected with what amounts to a "rubber stamp" of the organization that may have wronged the bowler. * In many cases (you say all cases), the reasoning seems to be that associations, tournaments, etc., are always correct. * Rules that have "gray areas" the size of Alaska seem to always be upheld without clarification about the various areas that are up to debate by ANYONE with common sense. [Makes you wonder about the common sense applied by the Legal Committee, doesn't it?] * The Committee is there to ensure that its MEMBERS do not have their membership rights violated by other organizations. It seems though that the Committee is constantly working to ensure those organizations are happy, while its own members may not be. [I might word it slightly differently, but I certainly agree with the gist of what you say]. * You say, and I quote: "I think the entire Committee needs an overhaul and needs to grow the brass to stand up for its MEMBERS! Stop rubber-stamping things for those organizations and make some RULES that have teeth without ANY gray areas." [I would go still farther and state my strong belief that THE ENTIRE USBC "SYSTEM OF JUSTICE" needs an overhaul, but I doubt it will ever happen, at least as long as Kevin Dornberger holds the reins].
Been there -- been a victim of that ... couldn't have said it better, Bill.
Dear Mike:
And needless to say, I "approve" YOUR message.
