Lawsuits from Assoc. Members

[rockyroad]

Originally Posted by Adam

Really? Why?

Something about not being District Employees and the RCW's (Revised Code of Washington)...I was on the Board, and we had a lawyer come in and "explain" it to us, but I know my eyes glazed over after about 10 minutes of lawyer speak...

[Adam]

Originally Posted by rockyroad

Something about not being District Employees and the RCW's (Revised Code of Washington)...I was on the Board, and we had a lawyer come in and "explain" it to us, but I know my eyes glazed over after about 10 minutes of lawyer speak...

Interesting. It's so varied here. Some give us a check on site. Others mail it. A few use refpay. At least three schools pay us cash on site.

[Rich]

The associations aren't always without blame in these situations, so I'd love to hear why the OP's association is being sued.

[The_Rookie]

Originally Posted by Rich

The associations aren't always without blame in these situations, so I'd love to hear why the OP's association is being sued.

To provide more detail...The situation involves are former head of training and instruction. This person held this spot for a few years and a change was made 2 years ago whereby he was removed from being the head and was assigned to deal with 1st year officials only. He was irked by what he felt was a slap in the face and has told the association board that he has retained a lawyer.

Not sure on what grounds he feels has a legal beef since the director of training serves at the pleasure of the board of directors.

[ASA/NYSSOBLUE]

Happened to catch the headline of this thread....

Softball umpire here, who is a member of our groups Exec Committee, and our group got sued for discrimination by a member - along with the local basketball AND baseball groups he was a member of.

Needless to say, it was quite a mess, as it brought because we claimed he was not eligible to work, as he had not made enough required meetings, and he had claimed he had gone to some meetings at a different area's board, etc etc. I do not know the details of the claims against the other groups, but it would be logical to assume they had similar cases.

The net result of everything was: The basketball and baseball groups ended up 'winning' - if you can call six months of legal wrangling winning - we had a particularly crummy lawyer, and ended up settling with him. Baseball and basketball ended up expelling him, and amazingly he is still with our group! We did, however, tighten our bylaws up, and also added to our constitution a bylaw expelling any member who sued the group.

An 'interesting' experience to say the least!

[rwest]

Originally Posted by ASA/NYSSOBLUE

We did, however, tighten our bylaws up, and also added to our constitution a bylaw expelling any member who sued the group.

Although I agree our society is way too litigious, there is still a need for civil lawsuits. An association that expels its members for exercising a constitutional right is troubling to me. Does not this trouble you or any of your members? Why have this bylaw? Assume a black official is prevented from calling varsity ball just because of his race and assume there is a paper trail (emails) that can prove this. Are you telling me you will expel him from your association if he brings a lawsuit against the association? You are basically telling your group, don't blow the whistle on us or you will be expelled. I understand wanting to prevent frivolous lawsuits, but this is throwing the baby out with the bath water.

[MD Longhorn]

Originally Posted by ASA/NYSSOBLUE

and also added to our constitution a bylaw expelling any member who sued the group.

You might want to check with a lawyer (not the crummy one, someone else). I don't believe such a statute is legal. If your group has done something wrong (hypothetically), a member cannot be threatened with expulsion for suing to rectify it.

[Camron Rust]

Originally Posted by rwest

Although I agree our society is way too litigious, there is still a need for civil lawsuits. An association that expels its members for exercising a constitutional right is troubling to me. Does not this trouble you or any of your members? Why have this bylaw? Assume a black official is prevented from calling varsity ball just because of his race and assume there is a paper trail (emails) that can prove this. Are you telling me you will expel him from your association if he brings a lawsuit against the association? You are basically telling your group, don't blow the whistle on us or you will be expelled. I understand wanting to prevent frivolous lawsuits, but this is throwing the baby out with the bath water.

Originally Posted by MD Longhorn

You might want to check with a lawyer (not the crummy one, someone else). I don't believe such a statute is legal. If your group has done something wrong (hypothetically), a member cannot be threatened with expulsion for suing to rectify it.

Perhaps (???) the actual wording in the bylaws only expels the person if the ruling went against them.

There are also contracts everywhere wherein a person gives up their right to sue...so this really isn't that far out there. A person doesn't have to join the organization if they don't like the Bylaws.

A lot of associations are also just small collections of people trying to cover games for the schools in their area. They're not getting rich off of it. Even just one frivolous lawsuit would destroy them and hurt everyone in the community.

Some people just like to be a pain in the neck and make stuff up in their own minds. I can see this as a way to filter out those while no real issue would be blocked by this. The courts, in a valid complaint, would likely also rule that this clause was invalid or not applicable.

[Freddy]

Originally Posted by The_Rookie

...he was removed from being the head and was assigned to deal with 1st year officials only. He was irked by what he felt was a slap in the face ...

Heck, some with a civil understanding would consider that a step up! That's where we as a group need some of our better veteran officials.

[grunewar]

Originally Posted by Adam

Interesting. It's so varied here. Some give us a check on site. Others mail it. A few use refpay. At least three schools pay us cash on site.

I must admit, I am always fascinated by these discussions. I ref in four leagues with three different associations and every one sends me a check at the end of the yr - and I don't mind at all.

Only once, a tournament, was I paid in cash. Shrugs.

Is this a big deal to any others?

[Adam]

The non-school stuff here gets paid through the association, but they don't wait til the end of the season. They typically pay within a month or so in a check.

All of the schools, however, pay the officials directly in one form or another.

[ASA/NYSSOBLUE]

Originally Posted by Adam

The non-school stuff here gets paid through the association, but they don't wait til the end of the season. They typically pay within a month or so in a check.

All of the schools, however, pay the officials directly in one form or another.

The school games I do for softball and volleyball here (lower NYS) are assigned by, and paid by a cooperative all the schools belong to that pools resources for supplies, vo-tech education, etc. This body also administers all sports - they schedule all the games, and schedules officials . We get (electronically now) a paysheet the first of the month for the previous month, we sign and submit (usually electronically also), and in a couple of weeks we get a check. We USED to get checks from individual schools, but it got ridiculous trying to chase down checks from some districts, so this cooperative took it all over,

[JRutledge]

This is why local officials associations really need to stop assigning games. It has all kinds of liability if someone is not hired to their liking.

Peace

[Camron Rust]

Originally Posted by JRutledge

This is why local officials associations really need to stop assigning games. It has all kinds of liability if someone is not hired to their liking.

Peace

What does the association assigning have to do with liability. Someone will always be subject to being liable if someone wants to sue. Even if the assigning were separate, they could still sue the association.

Are you suggesting the assignor and association be split? Can't be done here in Oregon. It is just not an option with the state bylaws...maybe even laws. Associations here all do the assigning. There is no reason for an association to exist if they don't assign.