Board of Directors Meeting
Saturday, Oct. 11, 2003
Present: Sheri Pittman, Tong Lee, Tim Boggan, Robert
Mayer, Barney D. Reed, Hank McCoullum, and Jimmy McClure. Absent: Jiing Wang,
George Brathwaite, Bob Fox, Eric Owens, Todd Sweeris, and Tawny Banh.
With the help of documents provided by USATT Pro Bono
lawyer Dennis Taylor, Esq., the Board discussed only one issue:
Who owns the table tennis tables – the City of San Diego or USATT? The 10 tables were purchased for a table tennis program
funded jointly and equally by the City of San Diego and USATT.
The program was approved by the City of San Diego Parks & Recreation
Department (CSDPRD) and was administered by Clark Mitchell of the San Diego
Table Tennis Association (SDTTA) on behalf of CSDPRD and by Barney Reed of USATT
for the benefit of the Balboa Park Activity Center, the site of SDTTA’s
activities.
The dispute centered on two opposing arguments.
The City of San Diego claimed ownership of the tables because they were
purchased under its name and paid for by the matching funds that it controlled.
In addition, it argued that it has a written policy that materials left
over after any of its programs belonged to the City.
On the other hand, Barney D. Reed claimed that the tables belonged to
USATT, based on a letter written by former USATT Executive Director Dwight
Johnson appointing him as the steward of the grant. Furthermore, he claimed that after the program was completed
in May 2002, he was given control and implied ownership of the tables, and had
placed six of the tables for the benefit of a coaching program at the Jacobs
Community Center at Qualcomm, Inc.
While cognizant of Barney’s attempts to do what he felt
was best for table tennis, and while agreeable to his desire to address the San
Diego TTA with his reasons for delaying the return of the tables, the Board,
after consideration of the facts of the case and the written opinion of pro bono
counsel, unhesitatingly voted that they must be returned. The City had purchased
and paid for the tables, the Matching Fund Project was clearly to benefit the
Balboa Park Activity Center, and therefore the tables were not Barney’s to do
with as he pleased.
USATT Executive Director Doru Gheorghe was instructed to
write a letter to the City of San Diego and the SDTTA indicating our resolution
of the issue—which was:
MOTION: Moved that the USATT acknowledge that the
tables belong to the City of San Diego and are to be returned to the Balboa Park
Activity Center, into the custody of the San Diego TTA.
Proposed by Barney D. Reed; seconded by Robert
Mayer.
Passed: 7-0-0.
Adjournment.
Secretary Tim Boggan
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