As stated in the August 3, 2004 decision of the USA Track & Field (USATF) National Athletics Board of Review (NABR), below is a summary of their decision and order in prior proceedings relating to various grievances filed against certain leaders of the PVA.
Elmer K. Powell v. George Harris & PVA
On July 2, 2002, Elmer Powell filed a grievance against George Harris and the PVA. On December 4, 2002, after reviewing written submissions, the NABR Panel ruled that the bylaws of the Potomac Valley Association were not properly amended at the April 19, 2001 meeting, and ruled in favor of Powell. The NABR further ordered the parties as follows:
1. Reinstated the bylaws of the Potomac Valley Association as existed prior to April 19, 2001;
2. Reinstated the officers of the Potomac Valley Association in place prior to April until elections are held as directed below;
3. Reinstated the committee chairs in place prior to the April 19, 2001 meeting until the members of their respective committees re-elect them or elect a successor;
4. The PVA Executive Committee shall, within 120 days of this decision and order, pursuant to proper notice, convene meetings pursuant to the bylaws as existed prior to April 19, 2001, to elect new officers and adopt amendment(s) to the PVA bylaws.
5. The Executive Committee of the Potomac Valley Association shall contact the Chairman of the Associations Committee of USATF and request the appointment of a panel of two or more members of the Associations Committee who are not members of the Potomac Valley Association to oversee the process of amending the bylaws of the Association, and to oversee and monitor the governance of the Potomac Valley Association until December 31, 2003.
[The Associations Committee appointed Scott Erwin and Mary V. Rosado as overseers of PVA. Mr. Erwin and Ms. Rosado, assisted by Walter High, Chair of the Member Services Committee, supervised the meetings to revise the PVA Bylaws that were held at the end of 2003.]
Robert C. Platt & PVA Officials v. George Harris, Ralph Durant, Jan Price, Francis Brown and Barbara Smith
On July 2, 2002, Robert Platt and certain PVA Officials filed a grievance against George Harris, Ralph Durant, Jan Price, Francis Brown and Barbara Smith. The NABR Panel having ruled in favor of Powell on December 4, 2002, in the related matter of Powell v. Harris & PVA discussed above, and determined that the bylaws of the Potomac Valley Association were not properly amended at the April 19, 2001 meeting, found that the issues raised in this matter are rendered moot by its decision and order in Powell v. Harris & PVA. Therefore, its prior decision served to resolve this grievance.
Robert Platt v. George Harris, Francis Brown and William Price
On March 31, 2003, Robert Platt filed a grievance against the following members of the PVA: George Harris, Francis Brown, and William Price. On August 3, 2004, after a hearing, the NABR Panel ruled as follows:
1. Request #1 – Mr. Harris, Ms. Brown, and Mr. Price be removed from office for the remainder of their term and barred from holding elected office in PVA until May 2006.
The Panel ruled that this particular cause against Ms. Brown and Mr. Price are dismissed, and that Mr. Harris cannot seek re-election following the conclusion of his fifth year in office until at least one intermittent term has passed. The Panel ruled, therefore, that Mr. Harris not be permitted to seek another consecutive term and may not seek re-election until the next elections are called in 2006.
2. Request #2 – Mr. Price and Ms. Brown be directed not to vote at Executive Committee meetings.
The Panel denied this request.
3. Request #3 – All Executive Committee members be included in any bylaws revision process.
The Panel granted this request with the provision that the Executive Committee members shall be provided adequate and sufficient notice of the meeting time, place and date, and in compliance with other notice and quorum requirements of the Association’s Bylaws.
4. Request #4 - A neutral party chair any Membership meeting during any discussion of proposed bylaw revisions.
The Panel denied this request.
5. Request #5 - The current PVA Bylaws and Executive Committee roster be posted on the PVA website.
The Panel granted this request. Additionally, the Panel ruled that the PVA website shall be updated within fifteen (15) days of notification to the Association of this decision and that all subsequent bylaw amendments and changes to the composition of the Executive Committee be similarly posted within ten (10) days of such action. Furthermore, the Panel ordered the posting of the current PVA Bylaws and Executive Committee Roster be communicated by the Association’s Webmaster to the Associations Committee for verification within five (5) days of the posting.
6. Request #6 - A notice be sent to all PVA members of the grievance panel decision and of the role of the two overseers that were appointed by the Associations Committee. Amended as follows: “A report (approved by the Hearing Panel) be sent to all PVA members explaining the prior grievance panel decision, the role of the overseers, and the results of this grievance.”
The Panel granted this request. The Panel ruled that a summary of the prior proceedings be prepared by the Executive Committee of the Association and posted, along with a copy of this decision, on the Association’s website within thirty (30) days of this decision. The text of the summary shall be first approved by the Legal Department of USATF. Additionally, an email shall be sent to each Association member with an email address registered with the Association’s Secretary advising of the posting. A similar letter shall be sent by regular mail to each member who does not have an email address registered with the Association’s Secretary. Copies of the posting shall be made available for distribution to all members at the next regularly scheduled Association meeting.
[The USATF General Counsel has reviewed and approved the text of this document.]
In summary the NABR made several decisions and orders as it related to the Bylaws of the PVA. The above listed decisions and orders can be viewed on the PVA website, or by contacting the USATF Legal Department. As the Executive Committee of the PVA are not lawyers, should any member of the PVA require further clarification of the panels’ decisions, you should contact the USA Track & Field Legal Department.
PVA Executive Committee