MINUTES of Email Votes

August, 2004

Motion One: To approve the committee members of the Training Center Committee, chaired by Morris Jackson: Todd Sweeris, Whitney Ping, Ping Zhang, Masaaki Tajima and Francisco Mendez. 

 

Motion by Sheri Pittman; Seconded by Tong Lee

 

Motion Passed: 12-0

 

In Favor: George B, Barney R, Tong L, Robert M, Willy L, Sheri P, Todd S, Bob F, Jimmy McC, Jiing W, Eric O, Tawny B.; Against: None; Abstain: None; No vote: Tim B

Motion Two: To add Jennifer Johnson as co-chair of the Disabled Athletes Committee.

 

Motion by Sheri Pittman; Seconded by Bob Fox

 

Motion Passed: 12-0

 

In Favor: Tim B, George B, Barney R, Tong L, Robert M, Willy L, Sheri P, Todd S, Bob F, Jiing W, Eric O, Tawny B.; Against: None; Abstain: None; No vote: Jimmy McC

Blackwell Grievance

Robert Blackwell submitted petitions to the USATT Nominating/Elections Committee on July 31, 2004, that were sufficient to fulfill one element of eligibility to be placed on the ballot for the Fall 2004 USATT elections as a candidate for a Vice President position. The USATT Nominating/Elections Committee ruled on August 3, 2004, that Robert Blackwell had not met the eligibility standards to be a candidate for election to the USATT Board of Directors. The committee decision was based on Nominating/Elections Committee Standing Rule #2, "All eligible adult USATT members may run and/or vote for officers."  Mr. Blackwell was not a member of the association on August 1, 2004, the date the committee had set for eligibility to be established. The committee chair so notified Mr. Blackwell.

Mr. Blackwell filed a grievance with the USATT President on August 6, 2004. Pursuant to USATT procedures, the President appointed Cindy Marcum, a member of the Grievance Panel, to chair a hearing panel to make an expedited decision under Bylaw XX(5)(H). The Board, in an email vote, approved the nomination of Cindy Marcum. The results of the Board vote were: 10 votes in favor (Banh, Boggan, Brathwaite, Lee, Leparulo, Mayer, McClure, Reed, Sweeris), 0 votes opposed, 0 abstentions, and 3 not voting (Fox, Owens, Wang). In turn, Ms. Marcum appointed Grievance Panel members Richard Hicks and Todd Sweeris to join her on the Hearing Panel.  This appointment did not require Board approval.

The Hearing Panel conducted its hearing on August 11, 2004, well within the 10-day framework of the Bylaw’s expedited hearing provision. On August 12, 2004, the Panel, without comment, announced its decision to uphold the grievance and ordered Mr. Blackwell's name to be placed on the ballot. Ross Brown, chair of the nominating/Elections Committee appealed the Hearing Panel's decision to the Board the same afternoon.

Gary Johansen, Deputy General Counsel of USOC indicated that all Board members on the ballot, not just Robert Mayer and Bob Fox (incumbents running for the same position as Mr. Blackwell), are conflicted by Ross Brown's appeal of the Hearing Panel's decision.  He also suggested that USATT General Counsel Dennis Taylor should administer the appeal. President Pittman acceded to both of his suggestions, and asked Mr. Taylor to administer the appeal.

The question presented to the Board on August 14, 2004, was whether to affirm or overturn the decision of the Hearing Panel. The results were: 4 votes to affirm (Leparulo, Owens, Reed, Sweeris), 2 votes to overturn (Brathwaite, Lee), and 2 not voting (Banh, who was competing at the Olympics, and McClure, who had no power due to the hurricane in Florida).  In addition, Jiing Wang protested the determination that he had a conflict and wished for the record to reflect that he supported affirmation of the Hearing Panel's decision.

On the morning of August 17, 2004, Mr. Taylor declared the Board to have affirmed the decision of the Hearing Panel and notified Mr. Brown to take the necessary steps to insure that Mr. Blackwell's name appeared on the USATT ballot.

Dennis M. Taylor

USATT General Counsel

Powers Pyles Sutter & Verville, P.C.