Ray,
When an individual is elected to serve on a Club or Association's board of directors, that individual takes on certain fiduciary duties owed to the Club or Association under the Washington Nonprofit Corporation Act. John Murphy, US Youth Soccer member-at-large, defines fiduciary as: "a person who has a duty to act on behalf of and for the benefit of another with the utmost good faith, loyalty, candor, and car." The Washington statute requires that a director perform the duties of a director in good faith and in a manner such director believes to be in the best interests of the corporation. RCW 24.03.127. Thus, as soon as you are elected to your Club or Association's board of directors, you are trusted as a fiduciary of your Club or Association to carry out the business of the organization in the best interest of the organization, above any personal interests. Because each Club and Association promises in their bylaws, as a member of Washington Youth Soccer, to be bound by Washington Youth Soccer's Bylaws, procedure and rules, a director's fiduciary duties extend to Washington Youth Soccer.
All levels of our governance are representative of local groups but it is important to understand the fiduciary duty of board members within Washington Youth Soccer and our member groups. Even if someone is elected to a board or committee on behalf of a membership group (a district, for example), it is their fiduciary duty to fulfilll the organization's mission on
behalf of the entire membership of hte organization. Each person who volunteers or works within Washington Youth Soccer has a duty to serve our mission of making soccer the game for all kids in the state of Washington, regardless of how we came to volunteer or work within the organization.
Washington Youth Soccer bylaw Article 3.1.5 states:
"No members of Washington Youth Soccer shall engage themselves in a Washington Youth Soccer position or function in an effort to sevure an advanctage for another organization or for their personal or business gain." The Washington Youth Soccer Code of Ethics in the Operating Documents confirms the commitment of members to act in the best interest of Washington Youth Soccer. It establishes a standard of behavior for the members that conflicts of interest with Washington youth Soccer should be avoided, as well as the perception of conflicts of interest.
Members of Washington Youth Soccer elected to serve on club, association and district boards should not be advocating or encouraging movement to another organization. The purpose of serving elected positions in Washington Youth Soccer is to support the organizations' mission, not advocate membership leaving Washington Youth Soccer for another organization. Such behavior is a breach of such member's fiduciary duties owed to their Club, Association or District and to Washington Youth Soccer, and a violation of the Code of Ethics.
In light of this information regarding both the Fiduciary Duties, and rights and responsibilities of Board members, it has come to our attention that Mr. Eric Emery has violated these tenets of our membership by advocating and promoted that Washington Youth Soccer teams be moved to US Club Soccer. This is in direct vilation of our bylaws and organizational structure.
We are now requesting that the board of Tacoma Pierce County Junior Soccer Association remove Mr. Eric Emery from holding any office in this organization. This actin is take place 15 days from teh date on this letter. We request a copy of your minutes when this action takes place to be placed into our files for further reference. If no action is taken, Washington Youth Soccer will consider sanctions against the association.
Washington Youth Soccer strives to create a safe environmnet for our players and teams, this action will achieve that goal. We look forward to continuing our cooperative relationship with T.P.C.J.S.A. and providing quality programs.
Any questions should be directed to Mr. Terry Fisher Washington Youth Soccer Chief Executive Office by phone by phone at (253) 476-2237 or by email at
Terry@WashingtonYouthSoccer.org.
Regards
Doug Andreassen