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- 11/1/2009 -
UIL's attempted take over of TASO
- 11/10/2009 -
UIL prohibits officials from working
varsity games
- 11/11/2009 -
TASO disputes UIL's push for oversight
- 12/03/2009 -
TASO files lawsuit against UIL
- 12/03/2009 -
Texas Sports Officials Fight UIL Takeover
For Immediate Release: Contact:
Gary
Schumann
December 3, 2009 Office: 512/347-1604 Cell: 512/431-6544
Email:
gary@ssjmlaw.com
Texas
Sports Officials Fight UIL Takeover
Austin,
Tex.
– The Texas Association of
Sports Officials (TASO) has filed a lawsuit in
Travis County District Court to block the University
Interscholastic League (UIL) from what TASO sees as
an unauthorized takeover of sports officiating in
Texas. The lawsuit charges that the UIL not only is
attempting to exercise powers that it does not
possess, but that its proposed rule changes would
create monopoly control over sports officiating and
impose an illegal occupation tax.
The attempted takeover marks a serious rift in an otherwise
cooperative relationship that has spanned 33 years.
Until now, Section 1204 of the UIL’s constitution
and contest rules has allowed school districts to
use officials registered with the UIL or TASO for
their varsity and play-off games. At the UIL’s
Legislative Council meeting on Oct. 26, however, the
organization approved new language striking all
reference to TASO-registered officials in its rules
and requiring officials to sign with the UIL to
officiate varsity or play-off games. The new rules,
adopted in final form on Nov. 6, take effect July 1,
2010.
Although the UIL constitution states that it subscribes to the
Texas Open Meetings Act, the TASO lawsuit alleges
that the amendment was not publicized prior to the
meeting, nor was TASO’s leadership notified of the
planned change, even though two UIL representatives
serve as ex-officio members of the TASO Board. The
lawsuit also alleges that the changes were not
posted or published as required by the UIL
Constitution. Adding further insult to injury, the
lawsuit alleges that UIL assistant athletic director
Tony Timmons, at a recent meeting of Houston
basketball officials, made clear his desire to
coerce officials into joining the UIL, stating,
among other things, that it would be “bye-bye” for
those officials who did not comply with the new UIL
registration scheme.
“It is a sad day when an organization such as the UIL that
professes fair play and rule enforcement is not even
able to follow its own rules,” said Austin attorney
Gary Schumann, who brought forth the lawsuit on
behalf of TASO.
“Although the UIL has the right to regulate its own members and
their activities – the law will not allow it to use
this power in a back-door fashion to regulate other
professions and trades,” said Schumann, a partner in
the law firm Savrick, Schumann, Johnson, McGarr,
Kaminski & Shirley, L.L.P. “What are they planning
to do next? Require that all the sod farmers
throughout the state register with the UIL if they
want to provide sod to football and baseball and
soccer fields?”
1
At issue is what
power, if any, the UIL has to regulate and/or tax
sports officials, who contract with and are paid by
individual school districts. As it currently exists,
the UIL’s legal status is unclear. Its only
governing documents are its own self-drafted
constitution. Over the years, various courts have
wrestled with whether the UIL is a private
association or a state administrative entity. Most
courts have concluded that the UIL is simply a
“voluntary-member association of Texas public
schools.” The courts have further noted that there
is no statute creating the UIL or empowering the
University of Texas to create the UIL. The UIL
professes to be a non-profit organization. But the
lawsuit alleges that the Texas Secretary of State
has no record of the UIL ever having filed any
documents to create a non-profit corporation.
The lawsuit further alleges that in 2003, Rep. Joe
Nixon (R-Houston) introduced House Bill 580 to
abolish the existing UIL and replace it with a
legitimate state agency having clearly defined
powers. In a hearing on his Bill, Nixon said that in
its current form the UIL does “not legally exist”
and “has no legislative oversight” and “is not
subject to sunset review.” Nixon’s bill, however,
failed to become law.
TASO, in contrast, has a clearly defined mission and
a long and distinguished history of advancing the
ideals of good sportsmanship and fair play through
qualified officiating and encouragement of respect
for the authority of officials. Its roots go back to
the late 1930s, when the Southwest Conference (SWC)
recognized the need for training sports officials
and developing local officials’ associations. The
Southwest Conference Official's Association (SWOA)
was established to handle football and basketball
officiating duties. Many high school sports
officials joined the SWOA ranks in those early days,
even though the association’s original focus was to
train collegiate officials.
By 1977, the Texas football, basketball, and
baseball officiating associations had joined
together to form the Southwest Officials Association
(SOA), a statewide governing body for high school
officials. The SOA umbrella soon expanded to include
volleyball, softball and soccer. Operating under the
TASO name since 1999, the Austin-based professional
trade association registers Texas sports officials,
provides educational materials and training,
promotes the professional interests of the
officiating trade, and advocates on behalf of its
members. TASO also conducts formal disciplinary
hearings and oversight of its member officials. Its
more than 12,000 members officiate at varsity and
sub-varsity games throughout the state.
“Most of our members have been doing this a long
time,” said TASO Board Chairman George Coit. “We do
it because we love the sport and are concerned about
the student athletes. We want the kids to have a
fair and equal chance to win or lose. To do that, we
need to have the best quality of officials out on
the field.”
The TASO lawsuit, filed Dec. 3 in Travis County
District Court, requests a temporary injunction
against the UIL until the legal issues surrounding
the UIL’s new rules are resolved.
2
“We don’t think the
UIL has the power to do any of this, and we don’t
want our members feeling pressured to pay what may
be an illegal fee to protect their jobs until the
court sorts this out,” said Coit.
On the surface, the UIL changes apply only to
certain varsity sport contests, but TASO says the
new rules requiring sports officials to pay a
special fee and register with the UIL would have a
much deeper and widespread impact.
“School districts don’t contract with a few sports
officials for each individual varsity game and a
whole different set of officials for each
sub-varsity game,” said Coit. “They don’t have time
to do that and it’s not efficient. They use the same
group of officials for all their games. So if our
members decide to hold off on paying the UIL fee,
which essentially duplicates the fee they already
pay the TASO association, they risk being shut out
of all the games, not only the varsity ones.”
The TASO lawsuit states that the UIL, by virtue of
its mandating a sports official registration fee and
its stated intent to form a “UIL Officials
Department,” is seeking to usurp the functions of
TASO and force all sports officials in Texas to
submit to the UIL as their representatives for
obtaining insurance, lobbying, and looking after the
interests of their profession. TASO’s attorney notes
that UIL currently has no authority to undertake any
of these “trade association” activities it now
advertises on its website.
“If the UIL wants to engage in such significantly
new operations, they would have to amend their
constitution with the approval of their membership,”
said Schumann. “They haven’t done this. Instead, a
few of their staff members have initiated what seems
to be a poorly thought-out raid on a respected
professional trade association.”
Schumann believes this situation, which is being
forced upon Texas sports officials, is a clear
conflict of interest.
“It is impossible for the UIL to operate as the sole
advocacy group for sports officials in everything
from obtaining insurance to lobbying, as the UIL’s
website now implies it will be doing, because the
UIL’s true allegiance is to their members, which are
the school districts,” said Schumann. “That’s why
the UIL currently has the sole power to set the pay
scale and working conditions for sports officials –
they are negotiating the pay scale on behalf of
their member schools. But now the UIL seems to think
it can play both sides. That it can hold down the
official’s pay per game and then run around to the
other side of the field and operate as a pseudo-TASO
entity and pretend it is representing the best
interests of sports officials. It doesn’t work that
way.”
For its part, the UIL rules state that some of the
fees that it will impose would be “to help offset
costs of programs for officials.” This explanation,
however, makes little sense to TASO, whose
individual sports divisions already produce training
programs and educational materials that are highly
respected within the sports official profession.
3
“I have a hard time
imagining the UIL taking over this function,” said
Coit. “For example, we just printed 6,000 copies of
our new baseball mechanics manual. The baseball
division’s budget, which comes from TASO membership
fees, paid for the printing expenses, but developing
the manual was something our people did on a
volunteer basis over the course of three years. They
weren’t getting paid for it, but these experienced
officials knew the manual needed to be done and they
wanted to make sure it was done right. There’s a lot
that goes into officiating a game properly. You
don’t accidentally end up in the right spot to call
a play. This is all stuff sports officials have to
learn. That’s why we focus so much on training.”
Of specific concern to TASO is the fact that the UIL
rules, as newly approved, require all sports
officials to register with the UIL if they want to
practice in their profession and give the UIL the
unfettered right to charge sports officials an
unlimited amount in “fees” to offset the cost of the
programs and services that the UIL in its sole
discretion intends to provide.
“In short, the UIL is essentially empowering itself
to charge an ‘occupation tax’ on a historically
independent profession, without any limit or cap on
its powers, and without giving sports officials any
say in the leadership that would be controlling them
and charging them fees,” said Schumann. “The fact is
the UIL has absolutely no right to tax and regulate
TASO’s membership. It is not a governmental agency
and the legislature has given it no authority to
impose fees, tax, regulate, require registration, or
act as the sole or exclusive trade association of an
independent profession.”
TASO is also asking the court to curtail the UIL
from travelling around the state to meet with local
TASO divisions and chapters. In these meetings, the
TASO lawsuit alleges that the UIL has made
substantial misrepresentations in an effort to
coerce and intimidate TASO members into leaving the
association and registering with the UIL rather than
TASO. TASO further claims that the UIL has put
pressure on local TASO divisions and chapters to
turn over TASO monies and assets to the UIL. And,
according to TASO, the UIL has tried to obtain
proprietary TASO membership and contact information
from the venders who provide “sign-in” software to
TASO chapters.
“Basically, we’d like their guys to stop
bad-mouthing our association and threatening our
members until the court figures out what power the
UIL has,” said Coit. “We’re hearing a lot of
troubling things from our members, including that
representatives of the UIL may have convinced some
of our local chapters to turn over TASO dues money
to the UIL. If this has happened, it would be
illegal.”
The TASO lawsuit seeks a temporary restraining order
and temporary injunction to: (1) block the UIL from
enforcing, implementing or taking any action to
pursue the adoption of the Nov. 6 changes to UIL
Rule 1204; (2) prevent the UIL, its employees and
agents from taking any action to compel, coerce or
encourage any person not to register with TASO as a
sports official or to register with the UIL in lieu
of registering with TASO as a sports official; and
(3) bar the UIL, its employees and agents from
charging or collecting
4 5
any fee, tax or
other revenue directly from any sports official as a
condition of engaging in the officiating profession.
“It’s a shame that TASO finds itself in this
position,” said Schumann. “We always advise our
clients that litigation should be the last resort to
resolving a problem. Unfortunately, the UIL’s
improper efforts to push through this power-grab
over Texas sports-officiating left my clients with
no options other than filing this lawsuit.”
For more information about the TASO lawsuit, contact
Gary Schumann at 512/347-1604 or 512/431-6544, or
email
gary@ssjmlaw.com
* * *
TASO is a nonprofit organization of Texas high
school sports officials with approximately 12,000
members in 196 chapters throughout the state. The
TASO Board is comprised of the president and
president-elect (or vice president) of each of six
sports consisting of volleyball, football, baseball,
softball, basketball and soccer. TASO member sports
officials operate as independent professionals under
the umbrella of their own association, voting on
their own rules, dues, regulations and procedures.
and are paid directly by school districts, which
retain them on a game-by-game basis. TASO member
officials are not paid by the UIL, retained by the
UIL and are not in any capacity agents or employees
of the UIL.
Savrick, Schumann, Johnson, McGarr, Kaminski, &
Shirley, L.L.P., is a full-service law firm based in
Texas. Its ten Austin attorneys and four Dallas
attorneys, along with its staff of legal assistants,
handle a broad range of legal matters including
business and real estate law, construction law,
family law, complex insurance coverage issues, and
litigation.
###
Dear ;
The Texas Association of
Sports Officials (TASO) today filed a lawsuit
against the University Interscholastic League (UIL)
to stop the UIL from arbitrarily taking over sports
officiating in Texas and imposing an unauthorized
tax on sports officials.
The lawsuit, filed in Travis County state district
court, seeks a temporary restraining order blocking
the UIL from implementing and enforcing rules it
adopted on Nov. 6, 2009. The new rules prevent
officials from calling sports contests unless they
register and pay a $50 “fee” to the UIL.
We filed this lawsuit reluctantly. After it became
clear the UIL is dead set on taking over sports
officiating and creating a monopoly for itself, it
was decided TASO has a responsibility to the Texas
officiating community to file this lawsuit.
We will not stand idly by while the UIL threatens to
destroy a system that has proudly and effectively
served the students athletes, parents, fans and
school districts of Texas for more than 75 years.
The key issue in the lawsuit is whether the UIL has
the authority to regulate and tax sports officials,
who now contract with and are paid directly by
independent school districts. Further clouding the
issue is the UIL’s legal status; is it a private
entity or a state administrative agency?
Previous court rulings concluded the UIL is a
voluntary, member association of Texas public
schools and noted there is nothing in state law that
creates the UIL or authorizes the University of
Texas to create the UIL.
Although the UIL portrays itself as a non-profit
organization, there is no record of the UIL ever
filing any organizational documents with the Texas
Secretary of State, something all non-profits must
do.
The lawsuit also asks the court:
Ř To prevent the UIL from coercing or encouraging
any person to register with the UIL instead of TASO
as a sports official.
Ř To bar the UIL from collecting any fee or tax from
any sports official as a condition for officiating
games.
This lawsuit was filed because we are hearing a lot
of troubling things about what the UIL is telling
our members and we would like the court to determine
exactly what power the UIL has.
A copy of the complete press release will be posted
in the Members Portal by Monday.
Sincerely,
George Coit
Chairman, TASO Board of Directors
TASO disputes UIL's
push for oversight of officials
More than a coin flip at stake with outcome
By SAM KHAN JR. Copyright 2009 Houston Chronicle
Nov. 11, 2009, 11:00PM