|
| |

AYSO National
Policy Statements
| |
|
ARTICLE I |
| |
| Use of AYSO Name,
Trademarks, Mailing List and AYSO's Licensing Program |
| 1.1 AYSO Trade Names and
Trademarks |
| 1.2 AYSO Mailing List and
Executive Member Directory |
| 1.3 AYSO Licensing |
|
| ARTICLE II |
|
| AYSO Activities |
| 2.1 Participation in
Non-AYSO Tournaments and Games |
| 2.2 Participation in
Secondary Programs |
| 2.3 Sponsorship by Regions
or Areas of Summer Camp Programs |
| 2.4 Application of AYSO
"Everyone Plays" Rule to AYSO Teams Playing Non-AYSO Teams |
| 2.5 Paying AYSO Volunteers |
| 2.6 Player Conflicts Between
AYSO and Other Activities |
| 2.7 All-Star Programs |
| 2.8 Tournaments |
| 2.9 Knee Braces |
| 2.10 Goal Safety |
| 2.11 Religious Activities |
| 2.12 Volunteer Abuse and
Assault Policy |
|
| ARTICLE III |
|
| Rules Relating to Regions |
| 3.1 Reimbursement of
Expenses |
| 3.2 Publication of Regional
Financial Statements |
| 3.3 Regional Officials |
| 3.4 Regional Charters |
| 3.5 Legal Support from AYSO
National; Lawsuits Involving AYSO |
| 3.6 Legal Representation and
Fees |
| 3.7 Effect of Filing with
the National Support & Training Center of |
|
| Players and Volunteers
Registration Forms |
| 3.8 Cultural Exchange
Programs |
| 3.9 Bank Accounts |
| 3.10 Player Fee Refund |
| 3.11 Land Ownership |
|
| ARTICLE IV |
|
| Rules Relating to Regional
Commissioners and Other Executive Members |
| 4.1 Interim Appointment of
Regional Commissioners |
| 4.2 Accountability of
Regional Commissioner Upon Resignation |
| 4.3 Political Activities
|
| 4.4 Player Fees Assessed by
Area |
| 4.5 Supply Contracts By Area
and Section Directors |
|
| ARTICLE V |
|
| Standards of Conduct -
Conflict of Interest |
| 5.1 Purpose of Policy |
| 5.2 General Policy
|
| 5.3 Conflicts of Interest |
| 5.4 Possible Improper or
Illegal Conduct |
|
| ARTICLE VI |
|
| Standard Regional Guidelines |
| 6.1 Standard Regional
Guidelines |
| ARTICLE ONE |
|
| Use of AYSO Name,
Trademarks, Mailing List and AYSO's Licensing Program |
|
| 1.1 |
| Use of AYSO Name and
Trademarks. AYSO has various registered trade names and trademarks such
as "AYSO," "Everyone Plays," "SOCCER NOW" and "PLAYSOCCER." |
|
| In addition, AYSO has
proprietary rights in other names it uses from time to time, and may
from time to time add others. All such names are valuable assets of
AYSO, and their protection is essential to our national licensing
program. |
|
| In order to protect AYSO's
rights in and to the trade names and trademarks and their association
with our organization, the visual image of the trade names and
trademarks should be consistent in terms of configuration and color
combination. |
|
| In the case of the "AYSO"
logo, red and blue letters enclosed in an outer circle in the color
white in a blue square surrounds the "AYSO" letters. |
|
| In the case of "Everyone
Plays," the type style is extremely important, since the words are not
unique in themselves. |
|
| In the case of "SOCCER NOW,"
the type style as seen on the cover of the Soccer Now magazine is
important. |
|
| In the case of "PLAYSOCCER,"
the use of the colors is most important so that the "AYSO" is in a
different color from the other six letters. |
|
| In the case of other trade
names and trademarks, please refer to the National Support & Training
Center, Attention: Creative Services Department, for guidance on their
proper use. |
|
| No region may use any patch
combining any of the AYSO trade names or trademarks other than those
authorized by AYSO's National Support & Training Center (NSTC)
without the prior written consent of the
NSTC.
In the case of uniforms, while every region is encouraged to use patches
authorized by the NSTC,
silk screening will continue to be permitted without the need for
consent of the NSTC,
provided that the geometric configuration is correct. Silk screening is
less desirable because it only provides for a two-color combination,
rather than the red, white and blue combination on the patch. |
|
| No person may use any of the
AYSO trade names for any use other than AYSO authorized activities
without the prior written consent of the
NSTC.
This includes having the AYSO logo stamped on soccer balls, soccer shoes
or other equipment, or used in association with the products or services
of any person. Those types of activities weaken any national licensing
program and may violate license agreements then in force. |
|
| Whenever possible, an "R"
should be placed after the registered trade name or trademark when used
and, if the trade name is not registered, a "TM" should be placed after
such trade name or trademark. These symbols put the world on notice that
the trade names and trademarks belong to AYSO. |
|
| 1.2 AYSO Mailing Lists and
Executive Member Directory. The names and addresses of the members of
AYSO constitute a very valuable asset of AYSO. If used properly and
sparingly, they can be an important source of fund raising, give AYSO
valuable publicity that will benefit the entire organization and keep
registration fees to a minimum. At the same time, AYSO recognizes the
need to protect the right to privacy of individuals who are
participating in AYSO programs. Improper use of the names and addresses
of AYSO members may substantially dilute the value of such asset and, in
certain circumstances, endanger AYSO's nonprofit status. |
|
| (a) Regional Use of Member
Names and Addresses. Regions may use the names and addresses of the
participants in their respective regions for those purposes they deem
proper, provided that: |
|
| (i)
the use does not conflict with one of AYSO's national licensing
programs; |
|
| (ii) the use does not unduly
expose the region's participants to outside solicitations; and |
|
| (iii) the association with
an organization or product is consistent with the AYSO philosophy and
would not otherwise bring into disrepute AYSO's name, reputation or
programs. |
|
| For example, it would be
improper for a region to associate itself with a cigarette manufacturer
(which would hurt our image) or endorse a soccer ball manufacturer, but
it would be appropriate for a region to arrange for a promotion with a
local professional soccer club. |
|
| If a regional commissioner
has any questions as to the applicability of the above guidelines,
he/she should consult with the National Support & Training Center,
Attention: Marketing Department, before taking any action. |
|
| (b) Use of Member Names and
Addresses by Persons Other than Regional Commissioners. The use of
member names and addresses by persons other than regional commissioners,
such as area directors or section directors, requires the prior approval
of the National Support & Training Center if it is for a use other than
for a mailing by such officer to the members of his/her area or section.
This is because the mailing then becomes "national" in scope, since all
officers other than regional commissioners are national officers and
their use of such lists becomes a matter of National rather than
regional policy. |
|
| (c) Use of Executive Member
Directory. Under no circumstances should any member give to any person a
copy of his Executive Member Directory. Its contents are the exclusive
property of AYSO and confidential. Upon the termination of his position
with AYSO, any Executive Member in possession of such a directory must
surrender his copy either to his successor in such position or, if there
is none, to the National Support & Training Center. |
|
| (d) Mailing Labels -
Procedures. Mailing labels, if the above criteria are met, are
available. All requests for labels should be made to the National
Support & Training Center, Attention: Registration Department. |
|
| 1.3 AYSO Licensing. AYSO may
from time to time grant licenses to raise funds to support AYSO programs
and to keep AYSO's name and activities in the public eye. The program
involves the licensing of one or more of AYSO's trade names and
trademarks for use on or in association with a product for distribution
in retail markets. In some cases the license may be exclusive; in other
cases it may not. The thrust of such program is in retail distribution
to persons outside the AYSO community and does not affect the use by
regions of products for regional play. Products under license change
from time to time, and have in the past involved soccer balls, soccer
shoes, wearing apparel and related soccer equipment and accessories.
Obviously, each region is encouraged to support the program by buying,
whenever feasible, AYSO-licensed products. For a list of current
licensees and retail outlets carrying such products, please consult the
National Support & Training Center, Attention: Marketing Department. No
region may, in its own right, license the use of any of AYSO's trade
names or trademarks, except that vendors to the region may use such
trade names and trademarks for soccer uniforms used by the region upon
completion of a vendor authorization form obtainable from the National
Support & Training Center. |
| ARTICLE TWO |
|
| AYSO Activities |
|
| 2.1 Participation in
Non-AYSO Tournaments and Games. A regional commissioner may sanction
participation of his region or teams from his region in a non-AYSO
tournament, game, parade or other event with the prior approval of the
area director, but such regional commissioner is responsible for
advising participants of the then applicable rules relating to Soccer
Accident Insurance (SAI)
and liability insurance coverage and their limitations. |
|
| 2.2 Participation in
Secondary Programs. The definition of "secondary programs" is any
program other than the regular season program (whether in single or
split format) and any associated playoffs. |
|
| While the format of a
secondary program may differ from the regular season program, it must
comply with the spirit and philosophy of AYSO and use the AYSO National
Rules & Regulations applicable to the regular season programs to the
maximum extent possible. Secondary programs must be self-supporting and
shall be maintained from funds collected by the region from such
programs. |
|
| Player participation in
secondary programs (a) shall require, absent special circumstances,
prior participation in the just-concluded regular season program; (b)
should be inclusionary
(open registration) and not exclusionary, but may be limited by age
and/or gender. |
|
| Nothing in this policy
statement is meant to suggest that a region, area or section is required
to run a secondary program. |
|
| 2.3 Sponsorship by Regions
or Areas of Summer Camp Programs. In the case where a region or area
runs its own summer camp, there is exposure on the part of AYSO, as well
as the particular region or area, resulting from injuries to campers and
damages to facilities. Accordingly, each such child must be either (a) a
currently registered AYSO participant; or (b) immediately registered
with AYSO, upon payment of the annual player registration fee. No region
or area may sponsor a camp run by another organization, whether for
profit or otherwise, because of the exposure of AYSO to liability, and
the possible danger of AYSO's loss of its not-for-profit status.
Sponsorship by AYSO of any such camp may imply that AYSO's insurance and
SAI
program support the camp and that the AYSO principles will be followed.
All regions and areas should avoid permitting any of the AYSO trade
names or trademarks to be included in any advertisements or brochures
for any camp. A region or area may cooperate, however, with a camp in
establishing a mutually beneficial program. |
|
| 2.4 Application of "Everyone
Plays" Rule to AYSO Teams Playing Non-AYSO Teams. |
|
| The AYSO "Everyone Plays"
rule, requiring each player to play at least one-half of every game, as
well as the number of players on a team rule, shall apply to AYSO teams,
(whether regular season teams or teams specially constituted for such
event) participating in non-AYSO tournaments or games within or without
the U.S.A., regardless of whether the other team, the referee or the
sponsors of the tournament or game apply or follow such rule. |
|
| 2.5 Paying AYSO Volunteers.
No payment may be made to any AYSO volunteer for the purpose of
compensating such volunteer for services unless otherwise approved in
exceptional circumstances by the National Board of Directors. AYSO has
maintained throughout its existence a total volunteer concept of
operation (except for its National staff) including without limitation,
all aspects of coaching, officiating and local administration. |
|
| AYSO is a volunteer
organization and does not condone or approve of the use of paid
volunteers. Various federal and state laws apply to payments for
services and any person who condones or approves payment for volunteer
services risks significant organizational and personal liability and
penalty. Such liability is not covered in the Volunteer Protection Act
of 1997 for the individual volunteers who may approve or condone such
conduct. |
|
| Paid professional trainers,
medical personnel and security officers employed by a region, area or
section, in their capacity as full-time service providers in their
professional fields do not necessarily fall within the scope of these
employer-employee laws. Any region which wishes to utilize such services
for clinics, tournaments or other regional events should contact the
National Support & Training Center for guidance and approved standards
when hiring such professionals. |
|
| 2.6 Player Conflicts Between
AYSO and Other Activities. AYSO has no policy restricting its players
from participating in other programs or activities that take place
during the same season as the AYSO program. Regions have from time to
time excluded children from AYSO programs where the dual participation
results in the inability of such child to participate effectively in the
AYSO program. That means that, if a child is continuously unable to
adequately participate because he or she is enrolled in another program
or activity, then the region may require such child to choose between
AYSO and the other program. Of course, the region should take such
action only as a last resort, and every effort should be made to
accommodate every child who wishes to participate in an AYSO program. |
|
| 2.7 All-Star Programs. An
"All-Stars" program is any program which is an extension of the regular
season (basic) program and which selects players for participation based
primarily on their ability. |
|
| The National Board of
Directors recognizes that such programs have historically been a part of
the AYSO program in various parts of the country and allows it as an
optional part of the overall program. The National Board of Directors,
however, advises caution when conducting these programs because it is by
its very nature exclusionary, not
inclusionary,
and because it may diminish volunteer resources to be expended on
regular season play, which is the heart of the AYSO program. |
|
| All-Star programs, if
implemented, shall abide by the following policy: |
|
| (a) It shall not be allowed
to become a more extensive or important part of any program than the
basic or regular season. |
|
| (b) Participants should have
participated in the regular or basic season (a minimum of one-half the
regular season games is a good rule-of-thumb). |
|
| (c) A determination should
be made by the region, area or section supervising the program whether
such program should be self-supporting and not use regular season funds. |
|
| (d) These programs shall not
involve U-8, U-6, and program administrators are strongly urged not to
include U-10. |
|
| (e) Principles of fair play,
everyone plays (one-half of every game), good sportsmanship, and
positive coaching shall continue to be stressed. |
|
| Each section may adopt
All-Star Rules & Regulations that further define and restrict All-Star
competition. |
|
| 2.8 Tournaments. |
|
| (a) All tournaments
sponsored by an AYSO program or with which the AYSO name is associated
must comply with the letter and spirit of the AYSO Tournament
Guidelines. |
|
| (b) All tournaments,
excluding regular season and all star playoffs, which involve teams from
more than one region within the area, must have prior written approval
of the area director; all tournaments which involve teams from more than
one area within the section, must have prior written approval of the
hosting area director and section director; all tournaments which
involve teams from more than one section or non-AYSO teams must have
prior written approval of the hosting area director, section director
and the National Director of Tournaments. |
|
| (c) The Referee Plan of the
tournament may require teams to pre-pay a refundable |
|
| "referee deposit" as a
guarantee that the team will furnish referees for the event, in addition
to the non-refundable entry or participation for the event, as long as
the following conditions are met: |
|
| (i)
The referee deposit shall be in a reasonable amount approved by the
section director. |
|
| (ii) In all cases where the
referee completes the assigned games, the referee deposit is refunded to
the person or region that pre-paid the fee immediately at the conclusion
of the event, or by mail no later than ten (10) days following the
conclusion of the event. |
|
| (iii) In cases where the
referee fails to complete his or her assigned games, the referee deposit
may be retained to pay expenses of the tournament, or applied to the use
to which tournament proceeds were specified in the event announcement. |
|
| (d) If a tournament does not
comply with Paragraph (a) above or, if applicable, Paragraph (b), the
AYSO National Board reserves the right to: |
|
| (i)
suspend such tournament;, |
|
| (ii) discipline individuals
administering or organizing such tournament;, |
|
| (iii) deny liability
insurance coverage for such tournament or
SAI
coverage for participants in such tournament;, or |
|
| (iv) revoke or suspend the
charter of the region or regions hosting such tournament. |
|
| 2.9 Knee Braces |
|
| (a) AYSO will not prohibit
the use of knee braces by players in AYSO events and programs; provided
that the brace is adequately covered and padded in the judgment of the
referee, so as to eliminate the possibility of its causing injury to the
other players on the field of play. |
|
| 2.10 Goal Safety |
|
| As part of our mission, AYSO
must provide a safe playing environment for our players. We have found
over the years that a very high number of accidents involve goalposts -
children playing on unattended goalposts, improperly anchored goalposts
which fall over, and goalposts with hooks to hold the nets rather than
the newer velcro-secured
goalposts. The National Board of Directors advises each regional
commissioner and safety director to: |
|
| (a) inspect the goalposts to
ensure that they are properly assembled and safely maintained; |
|
| (b) never leave portable
goalposts unattended (they must be either dis-assembled after the day's
usage or moved to an area where they are inaccessible); |
|
| (c) ensure that portable
goalposts are properly anchored in the ground with a combination of
permanent in-ground metal sleeves and weights/sandbags; and |
|
| (d) use only goalposts that
do not have hooks to secure goal netting. |
|
| 2.11 Religious Activities.
For the common good of the AYSO programs, and in respect of its
philosophy of Open Registration, all volunteers and participants are
expected to be considerate of others involved in the soccer program, and
that they not impose their personal religious beliefs upon others by
conducting, encouraging or promoting any religious activities or
functions at or during AYSO programs and activities. |
|
| This policy would not
prohibit a moment of silent reflection prior to or as an invocation to
any AYSO event. Nor would this policy prohibit an individual expression
of faith or silent prayer at a soccer match that does not delay the
game, interfere with the game, and which does not put official or peer
pressure on teammates or others to join in such activity. AYSO
recommends that no regional official or volunteer prohibit or interfere
with any individual expression of religious belief unless and until such
activities unreasonably interfere with the enjoyment or safety of others
during or within such AYSO programs or events, including any AYSO
practice, game or function. |
|
| 2.12 Volunteer Abuse and
Assault Policy: In order to promote the AYSO philosophies, to create a
positive atmosphere at AYSO games and events, and to recruit and
maintain the willing and enthusiastic participation of qualified
positive volunteer referees within AYSO, it is the policy of AYSO that: |
|
| 1. Referee abuse and/or
assault of any kind shall not be tolerated; |
|
| 2. Regions, areas, sections
and tournament organizers shall take reasonable steps as may be
appropriate to educate players, volunteers, parents and other
participants concerning the adverse affects and consequences of such
incidents; and, |
|
| 3. Prompt and appropriate
action shall be taken in response to referee abuse and assault,
including discipline, suspension or removal of the offender from future
participation in AYSO programs, appropriate due process procedures
concerning such discipline, and reporting such incidents to appropriate
AYSO authorities. |
|
| The
NSTC
shall, subject to the approval of the
NBOD,
provide regions, areas, sections and tournament organizers with
appropriate guidelines concerning such education, discipline, and due
process and reporting procedures. |
| ARTICLE THREE |
|
| Rules Relating to Regions |
|
| 3.1 Reimbursement of
Expenses by Regions of Expenses Incurred by its Members. |
|
| (a) Incidental and Travel
Expense Reimbursement. The following guidelines apply to the
reimbursement by regions of expenses incurred by their members in
participating in AYSO programs. |
|
| (i)
Auto mileage at $0.29 per mile. Taxi only if necessary and with receipt
submitted. |
|
| (ii) Meals up to $20.00 per
day based on receipts submitted. This is not a per diem and may not be
reimbursed without written receipts showing actual expenditure. |
|
| (iii) Telephone. Submit
copies of telephone bills. |
|
| (iv) "Coach" airfare only.
Prepaid airfare may be arranged through the National Support & Training
Center. |
|
| (v) Hotel Rooms. Because of
the wide variances in rates, common sense is required. Reservations and
prepaid rooms are available through the National Support & Training
Center. |
|
| (b) Types of Expenditures
Subject to Reimbursement. |
|
| (i)
Attendance at national, sectional and area AYSO meetings and
participation in national, sectional and area AYSO programs. |
|
| (ii) Attendance at other
local youth soccer refereeing and coaching training programs. |
|
| (c) Types of Expenditures
Not Subject to Reimbursement. |
|
| (i)
Attendance of family of the participants at any meeting or any program. |
|
| (ii) Fees in connection with
running coaching, refereeing or other similar clinics or programs, or
for coaching, refereeing or administering regional programs. |
|
| (iii) Attendance of
participants at regional meetings. |
|
| 3.2 Publishing Regional
Financial Statements. Each region must disseminate to all of its
participants (coaches, referees, parents of AYSO players and
administrators) its financial statements at least once a year. Such
financial statements may be in the form of the annual report required
and filed with the National Support & Training Center and shall consist
of (a) a statement of receipts and expenditures for the previous twelve
months, and (b) a statement of the assets and liabilities of the region
as at the end of such twelve months. A copy of such financial
statements, if different from the region's annual report, should be sent
to the National Support & Training Center, Attention: Finance
Department, with a cover letter indicating the date and method of
dissemination of such information. In order to facilitate such
dissemination, the National Support & Training Center shall send to each
regional commissioner a suggested form of annual report. |
|
| 3.3 Regional Officials. The
regional commissioner and the treasurer of the region may not be members
of the same immediate family or the same household nor may more than one
signatory on the region's bank account be from the same family or
household, without the prior written consent of the National Board of
Directors. |
|
| 3.4 Regional Charters. The
National Board of Directors shall not consider granting charter status
to any pilot region until it has gone through one season, has played at
least one season (in the case of split-seasons, one part of the
split-season), is utilizing AYSO's National Accounting Program (NAP) or
has fulfilled its financial accountability to the satisfaction of the
Director of Finance, and during such period, has met its financial
obligations on a timely basis. In the case of splits of existing charter
regions, the National Board of Directors may grant charter or pilot
status to either or both surviving entities depending upon the relevant
circumstances. |
|
| 3.5 Legal Support from AYSO
National, Lawsuits Involving AYSO. AYSO is a nonprofit corporation
organized under the laws of the State of California. Each of the regions
is not separately incorporated, but is part of the parent corporation.
That means that each regional commissioner is an officer of AYSO, the
assets and liabilities of each region are the assets and liabilities of
AYSO and the actions of each region and its regional commissioner are
the responsibility of AYSO and the other regions. |
|
| AYSO's legal affairs are
conducted exclusively by the Legal Commission of the National Board of
Directors with the support of outside legal counsel. No region may bring
a lawsuit in the name of AYSO or its regional name without the prior
approval of the Legal Commission. This is because a lawsuit, however
strong the case may appear, may result in a serious counterclaim or
protracted defense and hence legal fees and/or liability in excess of
what any region can bear. If a region and/or any of its officers is
sued, the National Support & Training Center, the area director and the
section director must be immediately notified and copies of all papers
received sent promptly to the National Support & Training Center. |
|
| The National Support &
Training Center shall provide legal defense for the region in one of
three ways. Normally it will be through AYSO's insurance carrier if the
matter is a claim covered by insurance. If not, AYSO shall seek the help
of local outside counsel, hopefully on a pro bono basis. Sometimes, the
AYSO Legal Commission will directly defend the matter. If individuals in
the region, including the regional commissioner, are also joined in the
lawsuit, AYSO may, but is not obligated to, defend them depending upon
the circumstances surrounding the claim and their role in the matter and
subject to the Bylaws of AYSO. |
|
| Since AYSO is responsible
for the actions of the regions, all material contracts, which a region
is proposing to enter into, must be submitted to the Legal Commission,
particularly written leases for playing facilities in excess of one
year. Such contracts will be analyzed to determine whether the costs
contained therein can be reasonably borne by the region and whether
AYSO's insurance programs cover the potential liability of the region
hereunder. In addition, its impact on the National Support & Training
Center and national policies and programs (such as licensing) will also
be considered. |
|
| 3.6 AYSO Legal
Representation and Fees. The National Support & Training Center reserves
the right to charge back to the region all or a portion of the legal
costs involved in a lawsuit if the region (a) has failed to follow the
advice of the Legal Commission or the National Support & Training
Center, or (b) has failed to notify the National Support & Training
Center in a timely manner of any threatened claim, or (c) has commenced
a lawsuit without the prior written consent of the National Support &
Training Center. |
|
| 3.7 Effect of Filing with
the National Support & Training Center of Player and Volunteer
Registration Forms. In order for an AYSO participant to be covered in
the Soccer Accident Insurance plan and under the liability insurance
policy, it is sufficient that the regional commissioner receive the
registration form. However, that act alone will not extend to the
participant other benefits of AYSO participation, such as receipt of the
Soccer Now magazine and other mailings of national interest. Without
central registration, the National Support & Training Center cannot
properly ensure payment of the requisite player fees or plan any
meaningful budget. Failure of any region to make such central
registration will constitute grounds for Charter revocation of the
region and removal of the regional commissioner and holding the region
responsible for payments under the Soccer Accident Insurance program. |
|
| 3.8 Cultural Exchange
Programs. Many regions have participated in cultural exchange programs,
nationally and internationally, as hosts as well as visitors. Such
programs have been highly successful and rewarding to those
participating and should be encouraged. However, because participation
in such programs is necessarily limited to a small number of
participants from the region, no general regional funds may be used to
subsidize a cultural exchange program. This, of course, does not prevent
special fund-raising to finance such programs in whole or in part. |
|
| 3.9 Bank Accounts. Only
regions, the National Support & Training Center and such other officers
of AYSO as are permitted from time to time by the National Board of
Directors may maintain accounts in the name of AYSO. Money collected by
or on behalf of AYSO must be deposited in an AYSO account. Funds
deposited in AYSO accounts, and all other property acquired by the
region, are assets of the organization and may not be used, contributed,
or transferred to any other person, organization, or other entity except
in exchange for goods or services provided to the region for the
operation of its programs. |
|
| 3.10 Player Fee Refund. One
of the biggest areas of complaints that the National Support & Training
Center has to deal with is the question of refunds to participants who
drop out of the program for good, bad or indifferent reasons. The range
of regional policies on this subject varies from a full refund to a
partial refund to no refund, sometimes depending on the timing of the
request for the refund. Based on the experience of the National Support
& Training Center, it is the wisest and least problematic policy to
refund the entire amount. In exceptional circumstances, the region may
consider deducting from the refund the cost of a uniform if it has
already been used or cannot be used again, even if it is new, or other
specific non-recoverable costs. It is tempting to reduce the refunds in
the case where a child leaves the program to play in another program or
for no good reason, but in the end, the amount of time spent defending
the refund policy is not worth the funds kept. The Standard Regional
Guidelines reflect this policy. |
|
| 3.11 Land Ownership. It has
been a long-standing policy of AYSO not to own land dedicated to playing
fields or other facilities because needs and resources of a region may
vary greatly over time, and the responsibilities of ownership include
year-round maintenance and surveillance obligations, expenses and
potential
liability.However, with
field space becoming a premium and with the hindsight of some
experiences where a facility was created with the time, money and energy
of volunteers, but, because AYSO did not own it, fees were increased
over the year to extremely high figures to the disadvantage of AYSO,
AYSO has decided to reconsider this policy. |
|
| Accordingly, AYSO will
consider land ownership on a project-by-project basis provided that the
following requirements, at a minimum, can be met: (1) The establishment
under the supervision of the Legal Commission of a separate corporation
or foundation (with ownership held by AYSO); (2) demonstration by the
region of its ability to raise funds necessary to purchase, construct
and maintain the facility; (3) adoption of a realistic budget for the
project; (4) presentation of a realistic business plan for the on-going
operation of the facility; and, (5) presentation of a plan to secure
adequate resources for the project as well as on-going maintenance of
the facility and of the corporation or foundation. |
|
| No such project may be
undertaken without the prior written consent of the National Board of
Directors. Inquiries in the first instances should be made to the
National Support & Training Center. |
| ARTICLE FOUR |
|
| Rules Relating to
Regional Commissioners and other Executive Members |
|
| 4.1 Interim Appointment of
Regional Commissioners. The Executive Committee may approve regional
commissioner appointments or changes (whether with respect to a new
Pilot or an existing Pilot or Charter Region) in extraordinary
circumstances when a regular meeting of the Board is not scheduled
within a reasonable period of time after the request is made. Such
approval will only be considered based on a request by a section
director, if both the section director and area director approve the
application, and the area director submits a written request for
expedited treatment, stating the reasons therefore in detail (e.g.,
immediate need to start the program or order supplies) and what steps
(in addition to normal procedures) were taken by the area director to
ensure that the regional commissioner appointment is a good one. Such
approval will be subject to review at the next National Board of
Director Meeting. |
|
| 4.2 Accountability of
Regional Commissioner upon Resignation. The regional commissioner is an
officer of AYSO and as such is responsible to AYSO for all assets of
AYSO within the region and for all reports required to be filed with the
AYSO National Support & Training Center. This includes all bank
accounts, cash, equipment, goal posts, uniforms, balls and other such
assets. No resignation of a regional commissioner will be accepted by
the National Board of Directors, nor will he or she be released from
liability, unless (1) the AYSO National Support & Training Center
receives an accounting satisfactory to it for all such assets and
reports and (2) such assets and reports have been transferred to the
charge of those persons directed to receive them by the AYSO National
Support & Training Center. |
|
| 4.3 Political Activities.
AYSO, being a nonprofit Organization exempt from Federal Income Tax
under Section 501(c)(3) of the Internal Revenue Code, is prohibited by
law and by its Articles of Incorporation from attempting to influence
legislation and participating in any political campaign on behalf of any
candidate for public office. The use of AYSO's nonprofit bulk mailing
permit for such purposes would place in jeopardy such privilege. In
addition, the use of AYSO's mailing list for such purposes constitutes
an unauthorized use of such list. Hence, no member of AYSO may in his
capacity as an AYSO member or otherwise use any AYSO facility, including
the bulk mailing permit or membership list (regional or national), in an
attempt to influence legislation or in connection with a political
campaign at any level, local or national. Nothing in this Policy
Statement shall prohibit the dissemination of information regarding city
or county governmental meetings, or the organization of other political
action directly relating to the soccer program (such as hearings
regarding field allocations, etc.). However, the use of regional funds
to promote or to defeat proposed government legislation or regulation,
or to promote or to defeat any candidate for government office would be
a prohibited use of regional resources. Failure to adhere to this policy
may result in immediate expulsion of the member from AYSO. |
|
| 4.4 Player Fees Assessed by
Area Directors. An area director may assess the regions in his/her area
a per player or other fee, in addition to the National registration fee,
which is reasonably related to services or programs to be provided by
the area director and the costs associated therewith and not covered by
his area budget funded by the National Support & Training Center. Any
such assessment on a region may only be made with the approval of the
regional commissioner of such region, but the area director may deny
access to a region that declines to pay such assessment to the programs
or services supported by such assessment. The area director shall be
accountable to the regions in his/her area for the funds collected from
the regions in such area and shall place such funds in a National
Accounting Program (NAP) account, and quarterly reports of such account
shall be furnished to each region in such area upon request. |
|
| 4.5 Supply Contracts by Area
and Section Directors. Area and Section Directors may enter into supply
contracts or other group purchasing arrangements for their respective
Regions and Areas under the following conditions: |
|
| a) The Area or Section
Director has the prior written approval of all Regions or Areas covered
by the arrangement. No Region or Area may be forced to participate in
any such arrangement. Without prior approval of the
NSTC,
any such arrangement shall be on a non-exclusive basis only. Such
arrangements may not exceed three years in duration. |
|
| b) Any benefit, directly or
indirectly, from any such supply contract or other group purchasing
arrangement shall be for the general benefit of the Area or Section, is
fully disclosed in advance, and is agreed to by all the Regions or Area
within the Area or Section. |
|
| c) All such supply contracts
or other group purchasing arrangements which exceed one year in
duration, shall be submitted to the
NSTC
for review 30 days before being agreed to by the Area or Section
Director. This policy statement shall not limit Regions from entering
into their own supply contracts (subject to AYSO conflict of interest
policies). |
| ARTICLE FIVE |
|
| Standards of Conduct -
Conflict of Interest |
|
| 5.1 Purpose of Policy. The
purpose of this policy statement is to set standards for the activities
of Officials ("AYSO Officials") in order to ensure that an AYSO
Official's actions would always be in the best interests of AYSO and
that he/she does not take advantage of his/her position in AYSO for
his/her own benefit or to the detriment of AYSO or others. AYSO
Officials include all regional commissioners, area directors, section
directors, area and section staff members, special executives, members
of the national commissions, members of the National Board of Directors
and the members of the National Support & Training Center, as well as
the husbands or wives or members of the immediate family of each of the
above. |
|
| 5.2 General Policy. AYSO
Officials are expected to adhere to high ethical standards of conduct in
the performance of their duties, observing all laws and regulations
governing business transactions, competing fairly with others and using
AYSO funds only for legitimate and ethical purposes. The rights of AYSO
Officials in their activities outside their AYSO duties or employment
that are private in nature and which in no way conflict with or reflect
upon AYSO will be respected. Although AYSO Officials have been carefully
selected and are assumed to possess integrity and judgment, to avoid any
misunderstanding, the following guidelines are issued with respect to
proper conduct: |
|
| 5.3 Conflict of Interest
Policy |
|
| (a) AYSO Officials must act
always in the best interests of AYSO and avoid incurring any kind of
financial interest of personal obligation that might affect their
judgment in dealings on behalf of AYSO with firms or individuals. Each
person must examine his/her own activities and those of his/her family
to be sure that no condition exists that could create a self-dealing
situation in respect of financial transactions of AYSO. |
|
| (b) There are certain areas
with which each individual must be especially concerned. Areas giving
rise to possible conflicts of interest include the following: |
|
| (i)
Holding a material financial interest, directly or indirectly (as an
owner, stockholder, partner, joint venture, employee, creditor or
guarantor), in a firm which provides services or supplies, materials or
equipment to AYSO, any of its regions or any of its participants (such
as a vendor of uniforms, soccer shoes, soccer balls, goal posts or other
soccer equipment or a director or owner of a soccer camp for children),
or in an organization to which AYSO or any of its regions provides
services. |
|
| (ii) Accepting gifts or
favors for himself or herself or for family members, or entertainment or
other personal benefits in excess of $100.00 from an outside
organization or individual with whom AYSO or any of its regions does or
may do business. This does not apply to acceptance of a casual gift of a
nominal value, nor reasonable personal entertainment (but not paid
travel expenses), but care must be exercised to be sure that
continuation of such matters does not gradually create or appear to
create an obligation. Gifts of a substantial nature should be returned
to the donor with the explanation that AYSO's policy would not permit
the acceptance of the gift. |
|
| (iii) Serving another
organization in any capacity whether such service includes activities,
compensated or not, which can affect or appear to affect an individual's
ability to discharge his/her duties to AYSO. |
|
| (c) Therefore, to avoid
conflicts of interest or the appearance of conflicts of interest, it is
the policy of AYSO that: |
|
| (i)
Each executive member shall disclose in the executive member application
or in the candidate statement the existence of any relationship by which
the executive member might benefit, directly or indirectly by immediate
family relationship, through ownership (including ownership of corporate
shares exceeding 5% of a publicly traded company or 20% of a privately
traded company) or employment of or with any vendor, supplier,
contractor, service provider or sponsor of goods or services to AYSO or
its members or participants. Such relationship shall be disclosed before
the time for appointment or election. |
|
| (ii) Each executive member
shall disclose the existence of any relationship by which the executive
member might compete directly or indirectly with any program offered by
AYSO directly or through contractors. Such relationship shall be
disclosed before the time for appointment or election. |
|
| (iii) In the case of any
relationship described in paragraphs (i)
and (ii) above, the executive member shall, upon appointment or
election, immediately terminate such relationship unless the
relationship is authorized by the express written consent of the
National Board of Directors or its designee. The executive member
affected shall refrain from participating in or seeking to influence any
discussion, debate or vote concerning whether to allow such relationship
to continue. The National Board of Directors may revoke with or without
cause consent once given at any time. |
|
| (iv) No executive member,
after appointment or election, may enter into any relationship described
in paragraphs (i)
or (ii) except with the express written prior consent of the National
Board of Directors or its designee. The executive member affected shall
refrain from participating in [or seeking to influence any discussion,
debate or vote concerning whether to allow such relationship to be
created. The National Board of Directors may revoke with or without
cause consent once given at any time. |
|
| (v) No executive member who
is permitted to continue in or to embark upon a relationship described
in paragraph (i)
may participate in any discussion, debate or vote concerning the
relationship, the vendor, supplier, contractor, service provider or
sponsor with whom the relationship exists. No executive member who is
permitted to continue in or to embark upon a relationship described in
paragraph (ii) may participate in any discussion, debate or vote
concerning the relationship or the programs with which the executive
member competes and no such executive member shall obtain or seek to
obtain information from AYSO beneficial to the promotion of such
competing program. |
|
| (vi) Any executive member
who violates this policy is subject to immediate termination of
executive membership status by the National Board of Directors,
regardless of whether the executive member is appointed or elected. In
the case of a member of the National Board of Directors, removal process
shall comply with Section 4.18 of the National Bylaws. |
|
| 5.4 Possible Improper or
Illegal Conduct. AYSO Officials are not expected to be familiar with
every law and regulation relating to this statement or affecting AYSO
operations. When in doubt, however, it is incumbent upon each AYSO
Official to consult with the National Executive Director. However, your
attention is called to the following special areas: |
|
| (a) Each AYSO Official must
avoid improper acts and the violation of any governmental law or
regulation in the course of performing his/her duties or employment. |
|
| (b) No AYSO funds, property
or resources may be used to carry on propaganda or otherwise attempt to
influence legislation or, support any political candidate or party. An
AYSO Official's political activity must, therefore, take place on
his/her own time and at his/her own expense and away from AYSO premises. |
|
| (c) No AYSO Official, in the
course of his/her duties, shall accept or receive any payment or other
thing of value (whether characterized as kickback, bribe, rebate, refund
or otherwise, and whether intended by the payer to be for AYSO or the
personal benefit of such AYSO Official) if the payment or receipt or
tender thereof is illegal or is designed or intended to cause such AYSO
Official to grant a privilege, concession or benefit to the payer in
connection with AYSO business. |
| ARTICLE SIX |
|
| Standard
Regional Guidelines |
|
| 6.1 Adoption of
Standard Regional Guidelines. If a region does not have in force
regional guidelines approved by the area director and the section
director and on file in the National Support & Training Center, the
Standard Regional Guidelines shall apply. Regions are strongly
encouraged to adopt regional guidelines substantially in the form of the
Standard Regional Guidelines. |
|
|