An affiliate that I was an officer of has two tournaments listed in the January TLAs, one of which is a Grand Prix event. I resigned my membership with the affiliate before they listed the events, but am not sure if they registered a new list of officers with the USCF.
Since I am unwilling to direct these tournaments, they have not been able to find another TD to direct them, and they are planning to cancel. Since they have let their membership lapse, we can’t log on and change the officers now, and I am worried that I will be held liable under 23A2. Can someone give me a definitive answer as to what I have to do here? Thanks.
You did resign as an officer before they listed the events. The officers of the affiliate (let the affiliate membership lapse), could have all the office titles dissolved. Since they posted the events after you resigned, then (whoever posted the TLA) going to cancel the event. This all happen when you were not on the watch. Would not have you liable under rule 23A2.
If your question is whether you personally would be held responsible, I don’t know – the USCF would have to decide that based on the specifics. If you mean would cancelling a tournament under these circumstances be a violation of 23A(2) – yes, certainly. This is not an office policy, it is a Delegate mandate, and they were quite firm about it. If there is still time to pull the TLA or publish a cancellation, you should call the TLA manager at Chess Life, or e-mail tla@uschess.org.
That is true he can send in a email, since Nolan will be reading this post, his posting would be the one to read.
In my judgement, he resigned from that organization before they posted the events. Have not received (as of 1/9/05) the January 2005 issue (Chess Life), it should not be that hard to place ‘cancelled’ in the next issue.
The part of the rule 23A3, that is the issue he (the director) is talking about:
Organizers who cancel a tournament in a non-emergency situation without proper notice will be prohibited from announcing tournaments in Tournament Life or elsewhere in Chess Life for three years. (Additional penalties are also possible.)
Do not know what title he had, or what title he resigned. Since he is the director not the organizer, it should fall on the organizer that posted the TLA in the first place.
That’s why I wrote that the question would have to be decided on the specific circumstances. There are a number of precedents for penalizing the TD instead of the affiliate (the person responsible cannot skate on a technicality). My point – and the only important one here – is that having your organization fall apart is not a “valid reason for cancellation.”
I see, in CL, that you’re listed as the contact person for the Jan 15-16 Norman City Championship. Whoever sent in the TLA listed you as the contact person, and therefore I would think you are responsible for the tournament, though the affiliate itself may also be sanctioned if the tournament is cancelled.
Obviously it’s too late to put out a cancellation for CL as the tournament will be held in 5 days. Is there anyway you might temporarily brush aside any ill feelings with the organization, and make sure that the players who attend have a tournament to play in?
If possible, as a TD, I would put the individual players who might travel long distances to play in your tournament ahead of anything ill that may be occurring. It’s the act of a good TD.
Other than that, I agree with John (rfeditor) that you could have problems with USCF.
I don’t want to get involved in a TLA issue, that’s between the organizer and the office, especially the publications department.
However, I don’t know that the USCF has ever adequately defined the term ‘organizer’. Since TLA’s have to come from an affiliate, I guess that’s who the organizer is in this case.
However, we all know of TDs who use multiple affiliates, depending upon which one is more convenient at the time. In such ases, the TD is really the ‘organizer’.
There have been offers by some participants here to let someone else use his or her affiliate for submitting events. I don’t have a problem with that as long as the affiliate understands it is also assuming some obligation for the accuracy of the data and for enforcement of the rules, including Rule 23C regarding memberships.
No problem with the Norman City Championship. I’m completely behind that one, and in fact submitted the TLA myself. The tournaments I’m concerned with are the two SW Regional tournaments in two weeks. I had nothing to do with those. I was secretary/treasurer, and incidentally directed all but one of the tournaments for the affiliate. I’m not sure who submitted the TLA, but Nolan is right about the term “organizer” being rather ambiguous. As I say, I don’t want to be blamed for them canceling a tournament, and I also don’t want them to be able to schedule tournaments whenever they want to, and have me liable to direct since there is no one else that they can get. Am I also liable to pay prizes out of my pocket? What if they decide to set up a $10,000 open?
I directed a tournament for them last month because I said that I would if they couldn’t get anyone else, and it seems that they couldn’t, but I’m not about to direct any tournament they feel like having.
Is there someone official reading this who can give me a definitive answer on who is liable?
Well, unless you have a written contract that you will direct every tournament they put together from the time you began to the world comes to an end, I don’t see how you could be held liable. The responsibility, I would argue, is on the organizer (i.e. affiliate) or whoever signed the TLA. If you didn’t submit the TLA, and you didn’t agree to direct these events, I don’t see how you could be held liable. But, this is my opinion only.
The reason why the person that signed the agreement ,should be liable for canceling of the tournament. If its’ not that person, then someone could cancel any TLA event. Anyone that has made a post on this subject, would find themselves very upset if someone sent in a email (or phone call), telling the office staff, the TLA event has been canceled. Mister Alex Relyea should not have the right to cancel the events in question (making him not liable), as he would have the right to cancel any other events. Mister Alex Relyea, did not sign the agreement for the TLA.
If the USCF did punnish him (Alex Reyea) for not canceling the event, then the USCF would accept anyones word for a TLA to be canceled. It would make a statement, that someone could send in a email (or phone call), for a just canceling of a event or a illegal canceling of a event. Who would want to have a TLA posted, when anyone with a email account – could have the event canceled? It has to be the person that signed the agreement to cancel the event.
If the USCF did let (Alex Reyea) him cancel a TLA event, when he did not sign the agreement. What if someone sent in a email canceling a TLA event, when the event was going to happen anyway. The person sent in the email with malice, and was not the person signing the agreement. The event went on as planned, with a smaller amount of planned entries. Would not the USCF be liable for the short fall of entries. Because they accepted the word of a email, not the person that did sign the agreement.
Let me assure you that such things can happen in Oklahoma. We are in the midst of a nasty “civil war” over the state chapter affiliate, and I wouldn’t put it past members on either side to cancel someone else’s tournament.
Apparently the affiliate did try to cancel the tournament, but was told that they couldn’t because their membership had expired. They had planned, and for all I know still do plan, to renew and then cancel the tournaments. My question is what are they going to do when they get advance entries for a tournament that they are not planning to hold.
My sole concern here is that if I am a named officer of this affiliate, will I have trouble submitting tournaments under my new affiliate. Note that I can’t check to see if I am a named officer because they have an expired membership.
The person that has control of the affiliate, would be the President of the affiliate. The President could have remove you’re name from the affiliate after you resigned, and did not renewal the affiliate. The open statement telling the people that you have resigned, would out way the old information of you being an officer of the affiliate. The information of the affiliates are placed by the contact person, with most never updating the data in the first place.
Do not see you having any problems with you’re affiliate, or having any problems with you’re affiliate sending in any events. If it would help you be at peace, could authorize you to use the Greater Grand Rapids Chess Club. You would be authorized to use two different affiliates, you should not have any problems submitting any events with a back-up affiliate.
Doug, let me be blunt: It is a BAD IDEA to offer your affiliate to all and sundry, especially when you have no connection with those individuals or the events they may be organizing.
That could make you FINANCIALLY LIABLE for any unpaid memberships submitted under your affiliate ID or for any non-members who participate in events in violation of USCF Rule 23C.
I would especially urge you stay out of the situation in Oklahoma.
On what basis could anyone determine how to pay out guaranteed prizes for an event that wasn’t held? Based on who claimed they showed up or those who might have showed up if the event had been held?
You would have to return any advance entry fees.
Also, if the event is cancelled without good reason (low turnout is not one of them), you will be banned from advertising your events in Chess Life for three years, and other sanctions may apply as per rule 23A2, such as
revoking your USCF affiliate so that you cannot run any USCF-rated events, even ones not advertiised in Chess Life.
So we’re right back where we started. I don’t want to be on the hook for the tournament if I am listed as an officer of the affiliate. The former president is in even worse shape than I am because for some reason his name appears in the TLA. He’s not a director, but for obvious reasons doesn’t want his name linked to a tournament that won’t happen.
I’m not very familiar with tournaments not happening, as the only time I’ve ever heard of it is when there has been a cancellation notice in Chess Life. It’s more scary to think that I’ll have difficulty running tournaments than it is that I might have to come up with $700 out of my pocket (guarenteed prizes) and change plans to direct this tournament that I knew nothing about until after the cancellation date.
On another note, to Mr. Forsythe, Nolan is absolutely correct. You don’t want to get involved in the mess that is Oklahoma Chess at this point.
The major question should be this, it does show you as the director on the TLA. Did you agree to have you’re name placed as the director? If you did not agree to be placed as the director, then someone used your identity without promission.
Even if you wanted to run the event, as you stated the affiliate is not active. It became non-active because someone did not renewal the affiliate. Even if you wanted to be the director, there would be no way to join new members, renewal current members, or have the event rated, with the affiliate that authorized the event. As the affiliate is non-active, you would have to find a affiliate to take over the event.
Alex, if you could use a different affiliate, how could one affiliate take over the contracts, the agreements, with the other organizations that are not the United States Chess Federation. Did not the other affiliate set up the contracts for the tournament site, the agreements for other issues for the tournament. Even if you wanted to take over the tournament, the property manager could tell you the room has been booked by the former affiliate. Or the room could be free, but making the same agreement as the former affiliate at this late date would not happen.
Even if you wanted to take over as the organizer, even when the former affiliate pulled out. Does not mean the property manager would give you the same agreement. The agreement you had, was being the director of the event. The agreement you did not have, was the person that rented out the tournament site. Even if you did go to the tournament site, going in as the director. The property manager would just trow you off the property, as you did not sign the contract for the tournament site. If the property manager would not let you perform you’re duties as a tournament director, how can the United States Chess Federation punnish you.
This would be the stickler: advance entry fees. Unless you could contact everyone who had paid an advance EF, I would think that you would be liable for paying the guaranteed prize to those who had entered in advance. I guess this wouldn’t be difficult to do. But if one person you couldn’t contact showed up at the site, they would have a good case for claiming 1st place. Of course, no one who had entered (paid) in advance would be able to “claim” that they did (or, would have) show(n) up had the tournament been held. All this presuposes my hypothetical case of the TD/organizer not showing up to take EFs.
The only thing I can think that would free the organizer would be if no one had paid an advance EF, and the organizer did not show up at the site.
IMO If no EFs had been collected, then no prize fund would be required. If one EF had been collected, 1st place would have to be paid.