Don’t Gut USAT’s Transparency Requirements

September 15, 2013

If you want USA Triathlon directed by fifty people, behind closed doors, with as few athletes as possible, then approve the USAT bylaw amendments.

The bylaw amendments proposed by the USA Triathlon Board of Directors would cut the percentage of Athlete Directors from 25% to 20% of the Board, gut the Sunshine Policy, and allow a group of fifty people to direct USAT policy by cutting in half the quorum for a meeting of the members. I strongly urge members of USA Triathlon to vote “NO” on the bylaw amendment proposals.

USAT must preserve a healthy percentage of Athlete Directors. I liken Athlete Directors to the canaries in the coal mine – they are close to the sport, have a vested interest in fairness and transparent governance, and will be the first to raise an alarm at the sign of trouble. An important component of USA Triathlon is the participation of athletes on the Board of Directors. From its inception as the recognized National Governing Body for triathlon, USA Triathlon has encouraged the participation of athletes on the Board, and reserved at least 25% of the seats on the Board of Directors for athletes. While the U.S. Olympic Committee requires at least 20%, USAT has always realized the importance of athlete representation above the minimum standard. All Athlete Directors were once age-groupers, and many of us continue to compete as age-groupers when we retire from Olympic and elite competition, giving us a broad perspective of the sport, not just the Olympic movement. Athlete Directors are also more accountable because they serve two years compared to four years for general directors. In addition to supporting programs for all athletes, Athlete Directors serve an important role: to communicate the needs of athletes, and champion programs to help our Olympians and Olympic hopefuls.

Elite athletes recognize that the growth of the sport as a whole benefits everyone involved in the sport. It is insulting for certain board members to suggest that elite athletes on the board would only support policies that directly benefit elite athletes; no one is suggesting that race directors on the board would only support policies that directly benefit race directors. Presumably, anyone who is willing to make the time sacrifices that it takes to serve on the USAT Board of Directors understands that they represent the whole of the sport, not just their own personal interests.

It is egregious that USAT has distributed a ballot which falsely states that the reduction of Athlete Directors from 25% to 20% is being proposed to conform to USOC requirements. In fact, if USAT’s current Board of Directors requirements did not “conform to USOC requirements,” as the ballot falsely claims, then USAT could have had its recognition as the National Governing Body for the sport of triathlon removed at any time. The fact that this has never happened should be enough to tell you that the USOC has no objections to the current 25% requirement. Again, the USOC requires at least 20% athletes. It is troubling that the ballot misrepresents the USOC requirements, and this falsehood begs the question: if USAT is currently in compliance, then why does the Board really want to cut the athletes out? If the amendments pass, we may never know – because the Board also wants to gut the Sunshine Policy.

USAT must maintain a robust Sunshine Policy to remain as transparent as possible to its members. Members have a right to documents not protected by law. A strong Sunshine Policy, drafted in part by Dan Empfield, was added to the USAT bylaws a number of years ago. The board is trying to curtail the Sunshine Policy to the point of irrelevance. The amendment will strike important language protecting a member’s right to request documents not protected by law. By removing the ability of members to request all documents not protected by law the board is moving its business behind closed doors, and eliminating members’ ability to access relevant information regarding the workings of USAT.

In addition to cutting athletes and gutting the Sunshine Policy, USAT wants to hack the quorum for the meeting of the members to fifty. Instead of slashing the quorum, USAT should increase the number. The meeting of the members is an opportunity for members to become active participants in the governance of USA Triathlon. Robert’s Rules states that a meeting of the members should have as large a quorum as can reasonably be expected to attend. Our meeting is held at the Age-Group National Championships each year – an event with over 3,500 participants, the overwhelming majority (if not all) of which are annual members. Maintaining a large quorum guards against a small group of people exercising control over the direction of policy of USAT, and promotes greater participation in the governance of USAT by its own members. Action taken by the membership is similar to the power of the Board of Directors in that policy can be proposed for approval by vote of the membership – exactly as the current election ballot is being conducted. Fifty is too low a standard, and should be increased.

The Board of Directors (many of whom were appointed by the Board itself and not originally elected by the membership) has made an appalling mistake in proposing the above amendments. In direct response, a number of USAT members, age-groupers and elite athletes, are running for open seats on the Board of Directors to protect the transparency and accountability of USA Triathlon to its members, and save the Athlete Directors.

I strongly urge USAT members to vote “NO” on the bylaw amendment proposals.

Victor Plata, J.D., is a current age-group license holder of USA Triathlon, a 2004 Olympian, teacher, coach, and member of the USA Triathlon Board of Directors as an Athlete Director.
Victorplata.jd@gmail.com