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[Soccer Wonk]

Just to amplify what the legal eagle of Spokane has to say .....

A) No one can force someone to stay forever ... even WYS's affiliation with USYS is year to year.

Agreed. The by-laws require that the rules of the member association specify that discontinuation of the affiliation with WYS must be only through action of its members at the annual meeting; nothing about locking in membership in perpetuity. And even that provision isn't as binding as one might think. An association that really wanted to bolt could change their by-laws so they could leave by a simple vote; then, before WYS could act to throw them into suspension for violating this provision of the WYS by-laws, they would cast the vote and be gone. And as the legal eagle pointed out, membership in WYS is separate from legal status as a corporation.

B) The relationship between a local Association and WYS is an affiliation not a merger.  WYS does not have the power to dissolve a local Association but it does have the power to remove its affiliation.  Removing the affiliation is different than disolution of the corporation.

   
Right. Dissolution is not the same as, and is separate from, suspension and/or termination. WYS can suspend or terminate a member association, which ONLY affects its status as a member of WYS. Dissolution is the organization ceasing to exist as a legal entity, which under law (Washington State and IRS), means its assets have to go to an organization having a similar purpose. (Personal opinion: a local association should be able to transfer its assets on dissolution to another local organization dealing with youth sports if it so desired; the justification in the WYS FAQ does not seem compelling enough although Old Dog's analogy does give me pause.)

c) Registering all its players with WYS has been the norm for a long time.  Associations are not clubs but are closer to the function of a league by definition.  They have always been required to register all their players to WYS.  However ... within the Association, a club could have teams registered with USCS ... these teams are not members of the Association and are not subject to registration.

Check; this is actually not a new requirement. It is essentially the same as the requirement in the US Youth by-laws that requires its state associations such as WYS to register all their players with US Youth, which WYS is passing down to its member associations. This requirement was in the WYS by-laws up until 2009, when the currently in-force by-laws were rewritten, but the requirement remained in the regulations and therefore has always been in force. As for clubs doing a split affiliation, no comment ... it's the holiday season.

[EWSoccer64]

But Futsal, by agreeing to this "set of state  association bylaws", the local association is committing itself to :
A) Stay with the WYS Forever.
B)  If it is dissolved, voluntarily or involuntarily, to turn over all its property and asets to the WYS.
C)  Registering all its players within WSYSA.

By these commitments, if an association chose to leave WYS, it would turn over its assets to WYS.

A) No one can force someone to stay forever ... even WYS's affiliation with USYS is year to year.

B) The relationship between a local Association and WYS is an affiliation not a merger.  WYS does not have the power to dissolve a local Association but it does have the power to remove its affiliation.  Removing the affiliation is different than disolution of the corporation.   

c) Registering all its players with WYS has been the norm for a long time.  Associations are not clubs but are closer to the function of a league by definition.  They have always been required to register all their players to WYS.  However ... within the Association, a club could have teams registered with USCS ... these teams are not members of the Association and are not subject to registration.

But Futsal,
What you are stating does not seem to dovetail with the powers that the WYS is trying to claim.   
As far as the "registering all the players" clause, a year or two ago, an association in D-6 was told to refuse the registration of plyaers who were playing only in USCS competitions.

[Futsal]

But Futsal,
What you are stating does not seem to dovetail with the powers that the WYS is trying to claim.   
As far as the "registering all the players" clause, a year or two ago, an association in D-6 was told to refuse the registration of plyaers who were playing only in USCS competitions.

You have to register participants ... playing in USCS is not participating in a WYS program.

The misunderstanding at WYS has to do more with all the new faces.  A few years ago our Association Registar was told by WYS that they do not need to register players who only wanted to do Idaho ODP and were not playing in a WYS league.  Just simply fill out the play in a neighboring state form. 

We registered they players anyway ... USYS states that a player must register with the State Association they reside in before they can be released to play (ODP) in another state. 

The position that I have heard was that WYS only registers players who play in their leagues.  Problem is .. WYS is more than just leagues and has many programs which by USYS/USSF rules would require that the players register.

[nilsatis]

For those who disliked the reference to the Hitler Loyalty Oath before, perhaps they would like a riff on "Animal Farm" better?   One could really do a very accurate send up of the State Leadership as the pigs in animal farm - and even some of the other animals, eh Mr. Snow?  We all know who Napoleon is, and the RCL DoCs would be the dogs.     Would that be more palatable to those who object to drawing paralells?
[/quote]

Well played EW. Remember though - all animals are equal, but some are more equal than others

[tripleplay]

Of interest is 5.2.1c, requiring member associations to conform to USSF regulations, including interplay. For the past few years, WYS has actively encouraged its  associations to violate the intent, if not the letter (never ruled upon), of USSF interplay rules (e.g. TCYSA, SYSA) so that WYS wouldn't have to. I suspect that will still be the case in practice, and the bylaw change is to give WYS plausible deniability. Alternative analysis?

On a brighter note, OYSA is apparently going to offer a state cup qualifying tournament so that OPL teams will have an opportunity to participate in the USYSA tournament. Oregon has apparently learned what Washington has yet to - punishing soccer players by excluding them hurts the included people just as much or more as those you are trying to punish. Predictions as to whether this will kill off the NWCL?

[lester]

The change that I think will impact all of WYS the most isn't the 1000 member Associations.

How many associations can fulfill, "...and, demonstrate the capability of conducting balanced league play in all age groups without help from neighboring Member Associations."  Seattle, TPCJSA, Lake Washington, Eastside, North County, maybe SW Washington,  who else?   Even some of those associations have their leagues die out after U14.    You need a lot more than 1000 players for leagues in all age groups.   Not fulfilling that requirement for membership leaves you out, you cannot be a "legal" member; you have no voice in the organization but can pay for what services WYS will offer.   50% of the existing players in 80% of the associations would be pay to play members, whatever they are called.

That will reduce the MAR reps to a handful, mostly form the Seattle area, making passing player fee increases simpler.   
 
WYS will have to make their programs financially competitive with US Club programs.


I don't know why anyone would volunteer to sit on a WYS association BOD under the proposed conditions.   
What, in all these changes, makes WYS appealing to a local club run by volunteers who just want to foster the physical, mental, and emotional growth and development of the kids in their community through the sport of soccer? 

[EWSoccer64]

lester, let's face it.  Let's all be honest about it.

These new bylaw changes, coupled with what the State Leadership has done in the last two years are all designed to make sure that the WSYSA is a top down organization.
Associations are subject, adjunct corporate divisions of the head office.   The head office calls all the shots, and everyone works for the head office.   
The existing leadership are the only ones allowed to replace their membership (as in "Politburo"). 
As you point out, the number of members who actually count in even a limited way are going to be extremely limited.
And when you consider that no association has a U-19 league within itself, every single association is at risk of being eliminated at the whim of the state leadership, with all their assets being siezed by the WYS.

The new bylaw changes make it clear that the WYS exists to promote itself, not the kids, not the sport of soccer, not youth soccer.

[EWSoccer64]

In a related move, apparently Terry Fisher has fired the members of the State Appeals and Ethics Committee.   The Committee is to be "revamped" and appointees loyal to the Leader are to be put in place. 

Par for the course for El Presidente, eh?

One hardly needs to explain the impact of this move.  It's straight out of the Hugo Chavez play book.

[EWSoccer64]

Is this next?

""I swear by almighty God this sacred oath:
I will render unconditional obedience
to the Leader of the WYS, Doug Andreason,
Supreme Commander of the State Offices,
and, as a dues paying person,
I will be ready at any time
to stake my life for this oath."

Now before people go out and exclaim that this is over the top, let's take a look:
1.  El Presidente appoints the Board that makes all the rules, can change the rules at any time, and said board is answerable only to him.
2.   El Presidente has eliminated the right of open dissent.
3.  El Presidente has now eliminated any semblance of an independent judiciary.
4.   El Presidente has decreed that all member organizations within his WYS owe their fealty, their legitimacy, and their very existence to his organization.
5.   El Presidente has already demonstrated his willingness to banish anyone he wishes without even a semblance of any judicial process.   (aka "disappearing")
6.   Anyone wishing to run for any state office must be approved by El Presidente's vetting committee.
7.   Any association can be terminated by order of El Presidente.   And El Presidente can have the assets of said association go to his organization, which is under his control, without oversite.
8.   El Presidente has established the right of the governing body to levy fees upon the people while disenfranchising them totally.  (aka "taxation without representation")

But he has promised to make the trains run on time.   They are, aren't they?  What, you say that there are not so many trains now?  But it cannot be, he has promised to make them run on time, which convinced the associations to vote away their democratic rights for him.......

I am sure that there are things that I have missed.

[lester]

lester, let's face it.  Let's all be honest about it. ...
... And when you consider that no association has a U-19 league within itself, every single association is at risk of being eliminated at the whim of the state leadership, with all their assets being siezed by the WYS.

Its not on a whim.
The new By Laws clearly state who is and who isn't a legal member.  Associations aren't eliminated by this change, they just aren't voting members in WYS, anymore.  WYS can't seize their assets unless they change their own By Laws to what WYS is instructing them to do... which they have to do to be a legal member... in which case the association chooses to give their assets to WYS should they dissolve.

There is no reference to Associations that aren't (legal) members in the By Laws.  So, every association that can't field balanced leagues in all age groups are off the hook to swearing allegiance to WYS.  Their teams can play in WYS programs for a fee; i.e. USSF registration, insurance, league play, RCL, ODP, EPD, coaching education,  ... there must be more.

At least, that's what I get out of all these papers.

I don't have a problem with it.  I like it, in fact, considering where WYS has gone with youth soccer.  There is zero chance of bringing the State back together as a unified organization as long as the RCL exists.  These By Laws make that clear and let associations play their teams where it is the best fit for the teams.  They can pay WYS or pay US Club or pay AYSO; they just can't vote in WYS.  Who feels they lost something there?

What I don't see is how the directors of WYS, Inc. are going to pay the $million payroll next year.  Somehow, that is linked to these By Law changes.
Somebody tell me what I am missing.

[tripleplay]

The change that I think will impact all of WYS the most isn't the 1000 member Associations.

How many associations can fulfill, "...and, demonstrate the capability of conducting balanced league play in all age groups without help from neighboring Member Associations."  Seattle, TPCJSA, Lake Washington, Eastside, North County, maybe SW Washington,  who else?

Actually, Eastside has association-wide leagues at just two age groups: u9 and u10. At younger ages there are divisions by club and at older ages teams from outside the association are included. The concept of the association is simply obsolete. You should be calling for the dissolution of these dinosaurs - membership to WYS should be based on actual functioning soccer units: clubs or leagues.

[EWSoccer64]

lester,
An interesting take.   Correct me if I misunderstand you, but you are saying that by all or most of the associations going to a "pay for services" role rather than being an actual "member" (in good standing), the associations retain or regain their autonomy.   And with the lack of input into and control over the State Association, the associations are not losing much by no longer actually being "members".  I had not thought of it in that way.
Obviously, the state leadership has not either, or they simply believe that the associations have no other alternative but to become dutiful fee payers without a voice.

However, the role of the RCL and the contracts that were signed by (8?) associations with the State for the RCL would be an issue.   It can be argued that any association that has signed the RCL charter is bound to adopt the state mandated requirements.   That would remove the ability to regain any autonomy.

And clearly the WYS would be able to NOT place teams in leagues from associations that the WYS leadership disliked, and the charges for the teams, associations, leagues and whatnot would be what floats the bloated WYS budget. 
The WYS could still require (indeed, it is to be expected) associations that lose their first class membership under the bylaw changes to adopt some or all of the provisions, including the seizing of property by the WYS.
   While such seizures would be of dubious legality under civil code, the matter might have to be adjudicated via the USSF before going civil law.   Although one suspects that the USSF would take one look at the situation and try to become divorced from it at the earliest opportunity.

lester, let's face it.  Let's all be honest about it. ...
... And when you consider that no association has a U-19 league within itself, every single association is at risk of being eliminated at the whim of the state leadership, with all their assets being siezed by the WYS.

Its not on a whim.
The new By Laws clearly state who is and who isn't a legal member.  Associations aren't eliminated by this change, they just aren't voting members in WYS, anymore.  WYS can't seize their assets unless they change their own By Laws to what WYS is instructing them to do... which they have to do to be a legal member... in which case the association chooses to give their assets to WYS should they dissolve.

There is no reference to Associations that aren't (legal) members in the By Laws.  So, every association that can't field balanced leagues in all age groups are off the hook to swearing allegiance to WYS.  Their teams can play in WYS programs for a fee; i.e. USSF registration, insurance, league play, RCL, ODP, EPD, coaching education,  ... there must be more.

At least, that's what I get out of all these papers.

I don't have a problem with it.  I like it, in fact, considering where WYS has gone with youth soccer.  There is zero chance of bringing the State back together as a unified organization as long as the RCL exists.  These By Laws make that clear and let associations play their teams where it is the best fit for the teams.  They can pay WYS or pay US Club or pay AYSO; they just can't vote in WYS.  Who feels they lost something there?

What I don't see is how the directors of WYS, Inc. are going to pay the $million payroll next year.  Somehow, that is linked to these By Law changes.
Somebody tell me what I am missing.