A meeting of the Executive Committee of the United States Sailing Association was held by telephone conference at 7:00 p.m. (Central Time) on Thursday, March 23, 2000.  President Muldoon presided, and Secretary Everingham recorded the minutes.

1.     ROLL CALL AND INTRODUCTION OF GUESTS.  All members of the Executive Committee were present.  Also present were Executive Director Terry Harper and Donna Hobbs.

2.     APPROVAL OF MINUTES.  The minutes of the February 15, 2000 meeting of the Executive Committee were approved as distributed before the meeting.

3.         PRESIDENT'S REMARKS.  Mr. Muldoon discussed the plans for the new directors’ breakfast on Friday morning.  He brought to the Executive Committee’s attention the vacant at-large seat on the Board that resulted from Don Durant’s appointment as Chair of the General Services Committee.  He also reviewed the status of US SAILING’s four pending U.S. Coast Guard grants that total in excess of $300,000.

4.         Treasurer's Report. Treasurer Lane referred to the information in the Financial Data (Spring 2000) book that was distributed at the meeting.  Some of the information was reviewed in connection with the discussion of the Financial Working Party’s report (item 6a below).

5.         Executive Director's SEMIANNUAL Report.  The Executive Director’s semiannual report was distributed before the meeting.  He distributed March 20 and March 21 membership statistics at the meeting.  He reported that he believes that the staff has identified the problems with the missed and delayed membership mailings, and he reviewed the new or re-instituted procedures that are being put in place to prevent recurrence of these problems.  The Executive Director believes that the membership statistics presented at the meeting tend to demonstrate that the lag in renewals has started to turn around.

6.     UNFINISHED BUSINESS

6a.   Report of Financial Working Party – Mr. Rosekrans presented the Financial Working Party’s report dated March 21, 2000.  Copies will be made available to the Board during the Spring Meeting.  The Executive Committee agreed that the fiscal 2000 budget should be recast to reflect the variances discovered by the two working parties, particularly in the areas of membership, sponsorship and general merchandise.

        The Executive Committee discussed issues involving pricing of goods and services.

        Ms. Hobbs was excused at the conclusion of these discussions.

6b.   Gorge Games – The Executive Committee approved US SAILING participation in the Gorge Games as requested by the organizers, provided that there is no cost to US SAILING and that it is adequately insured for that activity.

7.     New Business

7a.   Appeals Committee Submission to ISAF (Question 80) – The Executive Committee approved the submission of Question 80 (Attachment 1) to ISAF.

7b.   Bylaws & Regulation Amendments (Industry Advisory Board) – The Executive Committee approved for recommendation to the Board of Directors the amendments set forth in Attachment 2 to eliminate the Industry Advisory Board (IAB) as requested by the IAB at the 1999 Annual General Meeting.

7c.   Sovereign Bank (successor to BankBoston) – The Executive Committee approved the adoption of standard banking resolutions to authorize the use of Sovereign Bank for US SAILING wire transfers.  Mr. Cook abstained.

8.     ISSUES EXPECTED TO COME BEFORE THE MEETING – The Executive Committee briefly discussed other issues expected to come before the Board of Directors during the Spring Meeting.

9.     ARTICLE 14 AND RRS 69 MATTERS – The Executive Director and Mr. Harper continued in executive session respecting Article 14 and RRS 69 matters.  Mr. Cook reported that the Article 14 Review Board will meet on Friday and may report to the Executive Committee on Sunday.

10.   Executive Session – Mr. Harper was excused, and the Executive Committee continued in executive session.

The meeting adjourned at 10:41 p.m. (Central Time).  The next meeting will be by telephone conference call at 7:00 a.m. (Central Time) on Sunday, March 26, 2000.

 

 

                                                            _______________________________________

                                                                        J. Theodore Everingham, Secretary

ATTACHMENT 1

 

 

QUESTION 80

 

Interpretations Requested by the Severn Sailing Association

 

Rule M1.2(8), Notice of Race Contents

Rule M2.2(5), Sailing Instruction Contents

Definitions, Rule

 

The rules included in the definition Rule apply whether or not the notice of race or sailing instructions so state, except the prescriptions of a national authority and one appendix, which apply only when so stated in the notice of race or sailing instructions. The rules of a handicapping or rating system are “class rules” and therefore apply when a boat races under them. Rules M1.2(8) and M2.2(5) do not permit an organizing authority or race committee to make changes to class rules.

 

FACTS

 

The notice of race and the sailing instructions for the Spring Tune-up Race stated that The Racing Rules of Sailing would apply, but made no reference to the prescriptions of US SAILING, the sailing instructions, the class rules, the notice of race or any other document or rule. Starts were given for PHRF boats and the Olson 30 and J/24 classes. Buttercup, a J/24, raced in PHRF and was protested for breaking a J/24 class rule.

 

QUESTION 1  Did any of the following apply?

 

(A)       the prescriptions of US SAILING

(B)       the sailing instructions

(C)       the class rules

(D)       the notice of race

(E)       other documents governing the event

 

ANSWERS   The rules included in the definition Rule apply whether or not the notice of race or sailing instructions refer specifically to them; see rules 3(a) and 85, which use “rules” in its defined sense. However, the prescriptions of a national authority are an exception. The reason is that part (b) of the definition contains the qualifying phrase “when they apply.” For the prescriptions of US SAILING to apply, this must be stated in the notice of race and sailing instructions.

 

Some appendices are also exceptions. Part (a) of the definition Rule contains the qualifying phrase, “when it applies” in referring to the appendices. However, only one of them, Appendix A excepting its A1 section, requires a statement in the sailing instructions to make it apply. Most appendices apply without a statement in the notice of race or sailing instructions, either because a rule in the main part of the book makes them apply (Appendices F, G, H, J, K, L, M and Q) or because a preamble in the appendix itself makes it apply in the circumstances for which it was intended (Appendices B, C, D, E and the A1 section of Appendix A). Of the remaining appendices, Appendix N provides advice and optional drafts for use in writing sailing instructions, and Appendix P provides only advice.

 

 

Specific answers for (A)—(E) follow:

 

(A)       No. Since the prescriptions of US SAILING were not referred to in the notice of race and sailing instructions, they did not apply.

 

(B)       Yes. Since there is no qualifying statement in part (c) of the definition Rule, the sailing instructions applied.

 

(C)       Yes. Since there is no qualifying statement in part (d) of the definition Rule, the class rules applied.

 

(D)       Yes. Since there is no qualifying statement in part (e) of the definition Rule, and the notice of race was a document governing the event, it applied.

 

(E)       Yes. Since there is no qualifying statement in part (e) of the definition Rule, other documents governing the event applied.

 

QUESTION 2  Since Buttercup raced in PHRF, did the J/24 class rules apply?

 

ANSWER  No. The PHRF rules applied. (PHRF rules are themselves class rules; see the Introduction to the rule book, which states that “‘class rules’ includes rules of handicapping and rating systems.”) The J/24 class rules apply only to a boat that races as a J/24, which usually is when it races in a J/24 fleet.

 

QUESTION 3  Does an organizing authority or race committee have the authority to change or delete class rules?

 

ANSWER  No, unless the class rules themselves permit such changes. The only function of rules M1.2(8) and M2.2(5) is to require that competitors be informed of proper changes that have been made to the class rules. These rules do not permit an organizing authority or race committee to make changes to class rules.

 

QUESTION 4  If the notice of race conflicts with the sailing instructions, which takes precedence?

 

ANSWER  Neither. If there is no statement in either document about precedence, they both apply, and a boat whose finishing place has been made significantly worse because of the conflict may be entitled to redress.

 

February 2000