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
CALL AND INTRODUCTION OF GUESTS.
All members of the Executive Committee were present.
Also present were Executive Director Terry Harper and Donna
OF MINUTES. The minutes of the February 15, 2000 meeting of the
Executive Committee were approved as distributed before the meeting.
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.
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).
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.
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.
Executive Committee discussed issues involving pricing of goods and
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
TO COME BEFORE THE MEETING – The Executive Committee briefly discussed other issues expected to
come before the Board of Directors during the Spring Meeting.
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
Requested by the Severn Sailing Association
M1.2(8), Notice of Race Contents
M2.2(5), Sailing Instruction Contents
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.
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.
Did any of the following apply?
the prescriptions of US
the sailing instructions
the class rules
the notice of race
other documents governing the event
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.
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.
answers for (A)—(E) follow:
No. Since the prescriptions of US
SAILING were not referred to in
the notice of race and sailing instructions, they did not apply.
Yes. Since there is no qualifying statement in part (c) of the
definition Rule, the sailing instructions applied.
Yes. Since there is no qualifying statement in part (d) of the
definition Rule, the class rules applied.
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.
Yes. Since there is no qualifying statement in part (e) of the
definition Rule, other documents governing the event applied.
Since Buttercup raced
in PHRF, did the J/24 class rules apply?
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.
Does an organizing authority or race committee have the
authority to change or delete class rules?
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.
4 If the notice of race
conflicts with the sailing instructions, which takes precedence?
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
UNITED STATES SAILING ASSOCIATION
Resolutions Proposed for Adoption by the Board of Directors
on Sunday, March 26, 2000 (Chicago, Illinois)
RESOLVED that the following amendments to the Bylaws of the United States Sailing Association, having been prepared by the Bylaws Committee in accordance with Article Eleven, paragraph 4 of the Bylaws, are hereby initiated by the Board of Directors and shall be mailed and presented for approval by the voting members of the Association at its Annual General Meeting on October 15, 2000, all as prescribed in Article Sixteen of the Bylaws:
1: Article Eight, paragraph 1, shall be amended to read
in its entirety as follows:
The Board of Directors shall consist of the following:
The Officers, Five Directors at Large, Area Directors
representing the Council of Sailing Associations, Five representatives
of the One-Design Class Council, Five representatives of the National
Offshore Council, One representative of the Multihull Council, One
representative of the Intercollegiate YRA, One representative of the
U.S. Windsurfing Association, One representative of the Community
Sailing Council, One Women’s Representative, One Youth Representative,
Chairman of the Council of Sailing Associations, Chairman of the Inshore
Committee, Chairman of the Offshore Committee, Chairman of the Olympic
Sailing Committee, Chairman of the Race Administration Committee,
Chairman of the General Services Committee, Chairman of the Training
Committee, and a sufficient number of Sailor-Athletes to comprise at
least 20% of the members of the Board of Directors.
2: Paragraph 8 of Article Twelve (and all references to such
paragraph throughout the Bylaws) shall be deleted, and the existing
paragraph 9 of Article Twelve (and all references to such paragraph
throughout the Bylaws) shall re-designated as “paragraph 8”.
that United States Sailing Association Regulations 10.00 through 10.04
are rescinded, effect upon approval of the foregoing amendments by the
voting members of the Association.