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Great comments...
I was also hoping to get some comments from Association Board members and Assigners (JR?) who actually would have more decision making powers concerning issues as this one.
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Dan Ivey Tri-City Sports Officials Asso. (TCSOA) Member since 1989 Richland, WA |
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Peace
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Let us get into "Good Trouble." ----------------------------------------------------------- Charles Michael “Mick” Chambers (1947-2010) |
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Peace
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Let us get into "Good Trouble." ----------------------------------------------------------- Charles Michael “Mick” Chambers (1947-2010) |
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Just another association that will eventually have to defend accusations that its officials are employees, not independent contractors.
If he was good enough to work varsity games before, how could an association keep him from working those games now without, essentially, restraining his trade? |
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Dan Ivey Tri-City Sports Officials Asso. (TCSOA) Member since 1989 Richland, WA |
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How do you know a recent partner that you worked with was not from another state where he had problems previously?
If the State association clears a guy on a background check then why the hell would I care whom I am working with (unless his officiating ability is less than desireable)... I work with some of the same guys from time to time and I guess I'd say they are friends (at the facility)...we don't hang outside the gym together, save a couple...I have no idea what these guys are like in their personal lives....BUT..they are good guys to work with... |
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I wouldn't be concerned with him unless he was found with dead woman or a live boy. |
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I am on the board of our 350 person organization. We have clauses in our Constitution/Bylaws regarding criminal conduct. Basically, a Felony change is an immediate suspension pending resolution...guilty or no-contest plea means permanent expulsion. A misdemeanor may carry the same consequences at the discretion of the board. Also, we have the ability under the constitution to discipline someone (up to expulsion) for "conduct detrimental to the best interest of the association". If the legal issues ended with no charges being filed, the charges dismissed, or not guilty, I'd have to give it some deep thought before I'd oppose his return....based on "best interests of the association". It would still be possible that I'd oppose the return of such a person even if found not guilty or charges dismissed but I've have to be absolutely convinced that they really did commit the crime....remembering that we don't have to have "proof beyond a resonable doubt" nor many of the other restrictions necessary in the arena of criminal law.
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Owner/Developer of RefTown.com Commissioner, Portland Basketball Officials Association Last edited by Camron Rust; Wed Nov 28, 2007 at 08:26pm. |
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Maybe the state SHOULD consider your officials employees and the association employers if you're going to restrain the trade of officials. |
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The OSAA requires membership in an association to insure training and knowledge, etc., in order to work games. The assignors are generally tied to the association. Here's a link to the OAOA, a statewide assn. that has taken over a lot of what the OSAA used to do concerning its officials. This is on top of the locals. http://www.oreofficials.org/ How many states require a background check to get a license? IL, FL yes. WI no. Last edited by MadCityRef; Thu Nov 29, 2007 at 04:39am. |
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Yes, Oregon. We serve the schools. There are a lot of state laws concerning who is allowed to work in settings with students...including the background checks. Much of what we have just codifies how we're going to handle a situation where a person runs afoul of state/federal laws in between the legally required background checks. Basically, If they couldn't get any job for the school system, we can't send them to work a game in the school system. Plus, we're not restraining a person's trade. They're more than welcome to take games through other sources....there are several...just not servicing the schools. All organizations have the right to set the rules of membership as long as they're not discriminatory based on the standard elements...and a being a felon is not a protected class. We've had a few cases that have arisen over the years. We're not talking about freely restricting just anyone. The ones I know about involve drug dealing and statutory rape.
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Owner/Developer of RefTown.com Commissioner, Portland Basketball Officials Association |
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