UIL or TASO

[Arbitrator]

Have just received word that the Houston UIL Basketball Chapter is now late in not sending out its dues notices to its members for the 2010-11 season, which normally encompasses UIL state and local fees. This would mean that they obviously have not antied-up their dues to the Good UIL Dr. and are not current, unless the UIL has given them some form of dispensation. Given that, I know that a standing court order from the 98th Civil District Court in Austin remains in effect(despite recently having been elevated to the Third Court of Appeals by the UIL) that prohibits the UIL from engaging in the recruitment of officials for any sport, or materially participating in related activities. Does this mean that this legal prohibition handed down against the UIL would also preclude any collection of dues or fees by the UIL, as that, in and of itself, could well amount to material participation on their part in officiating activities~ seemingly a direct violation of that standing court order. Does anyone have any official or unofficial word if any of the other UIL sanctioned Basketball Chapters( or for that matter, any of the other affected sports) has, in fact, remitted their 2010-11 annual dues to the UIL? Enquiring minds would love to know!  

 

Well, it now appears that those "late" dues notices for UIL Houston Chapter Basketball just went out by email! In it, they are soliciting $50.00 of the $195.00 total dues assessment for "State UIL Dues." Correct me if I'm wrong, but isn't this a direct violation of an existing court order from the 98th Civil District Court, as backed up by the Third Court of Appeals? I guess that our good ole Houston UIL Basketball Chapter   El Presidente will now get his opportunity to stand before the judge and either defer blame onto his good friend and mentor, the Good UIL Dr., or protect our Good UIL Dr. by simply falling on his sword for him!  What a piece of UIL leadership we have there in Austin!

[ballhog]

Excellent article about how the UIL presents themselves.

http://www.grahamleader.com/index.asp?Story=19063

Love this quote:
"The reputation of the UIL is that they are an organization that doesn’t really care about anything but making money and doesn’t answer to anyone."

[TXMike]

Not sure what is meant by the description of the offending personnel as "officials".  Wonder if he meant UIL-trained event officials, or UIL staff, or non-UIL trained event officials or what he meant.  I can hear them now..."Those were not UIL-trained officials.  Had they been there would have been no problems whatsoever.  But this restraining order is keeping us from upgrading the officiating"

(And i am sure the media types were behaving themselves at all times.  Just like in football, they never even get close to the limit line.     )

[TexDoc]

(And i am sure the media types were behaving themselves at all times.  Just like in football, they never even get close to the limit line.     )

Mike, those are my thoughts exactly.  For some reason, the media think they are exempt of all rules.  How many times do we have run off camera guys that feel like they have to get on the field to get the shot?

I do agree with the article writer's description of the UIL though, always focusing on how much money they can bring in.

[Etref]

  How many times do we have run off camera guys that feel like they have to get on the field to get the shot?

Made me laugh, I once stopped a quarter final 5A game with the kickoff in the air because a news photographer ran onto the field to get a "good shot".

[fleetofoot]

Don't think they stay off of the track during meets. Had one cause a false start when he stuffed a camera into the face of a runner in the blocks and had the flash go off. Three lanes jumped.
At the State meet these guys were a pest crossing the track during races and trying to crowd the finish line. The down side is that the UIL does not run off a good meet.

[Arbitrator]

Excellent article about how the UIL presents themselves.

http://www.grahamleader.com/index.asp?Story=19063

Love this quote:
"The reputation of the UIL is that they are an organization that doesn’t really care about anything but making money and doesn’t answer to anyone."

 

My goodness! Is there any way possible that the Good UIL Dr. will ever permit this article to be printed in "The Leaguer?"[With permission, of course!] It just makes me that much prouder to be a part of one of the greatest avocational and fraternal organizations known to officiating~TASO!

[504coach]

I was at the state track meet this past weekend watching a couple of my students run.  I walked around the meet and dealt with the UIL officials.  Basically it was not just the media they were yelling at but also the school administrators.  They were absolutely classless.  I saw one of the more obnoxious ones dipping in the infield.  I went up to him and asked him for his name and he gave it to me.  I then filed an incident report with the UIL on him for using tobacco products at a school event.  Don't get me wrong I have been known to confiscate a kids dip can so I can dip in front of him.  I have also dipped while officiating a JR. HI. football game.  Really the state track meet and you have to have a dip and be an IDIOT???  That is just wrong.

[Arbitrator]

 

Well, when they are shelling down the dineros that the UIL seems to be mandating these days, I guess they can pretty well afford to dip! Maybe even from a sterling silver premium dip can! Just goes to show you that the true mantra of the UIL is "do as I say and not as I do!"   

[TXMike]

Looks like a setback, hopefully just temporarily.

http://www.3rdcoa.courts.state.tx.us/opinions/case.asp?FilingID=15091

[TxJim]

Looks like a setback, hopefully just temporarily.

http://www.3rdcoa.courts.state.tx.us/opinions/case.asp?FilingID=15091

Opinion posted http://www.3rdcoa.courts.state.tx.us/opinions/pdfOpinion.asp?OpinionID=19506

[Welpe]

Any chance for appeal to a higher court?

[504coach]

Translation anyone???

[TXMike]

I am NOT a lawyer, do not play one on TV, and did not stay in a Holiday Inn Express last night....but it seems they are saying UIL , as an agency, has immunity.  Door was left open to suits against individuals in UIL

[Arbitrator]

 

Don't really know if this 3-person Appeals Court panel was a unanimous decision or if it was a split decision. In any event, I didn't see any evidence of a dissenting opinion in the Appeal Courts decision. Notwithstanding, I do believe that this thing can now be appealed by TASO to the full Appeals Court, and ultimately to the Texas Supreme Court, provided that the next level of appeal proves to be unfruitful. For it to be elevated to the U. S. Supreme Court, they would have to come up with some form of a federal issue.   

[Etref]

Don't really know if this 3-person Appeals Court panel was a unanimous decision or if it was a split decision. In any event, I didn't see any evidence of a dissenting opinion in the Appeal Courts decision. Notwithstanding, I do believe that this thing can now be appealed by TASO to the full Appeals Court, and ultimately to the Texas Supreme Court, provided that the next level of appeal proves to be unfruitful. For it to be elevated to the U. S. Supreme Court, they would have to come up with some form of a federal issue.   

Well either that or some of us may be calling our last year of football!

[Getting Fat]

TXMike has a good grasp on the ruling from what I can tell:

1.  UIL = state agency

2.  A.  Can't sue state agency for tortious interference with business contract

     B.  "illegal attempt to exercise unauthorized delegation of power" and "illegal occupation tax" are ultra vires acts

            i.  Cannot name state entity in suits for ultra vires acts

            ii. Could possibly name individual actors (ie - Breithaupt and Timmons and whoever else)

3.  How does TASO proceed?  I have no earthly idea.  Fold/appeal/new lawsuit against individual actors/unionize/strike/walk away...?  Very tough position.  Very bad timing for ruling - Friday night week 0.  Clearly Judge Henson is not a football fan.

[JVG]

And my farewell tour begins.

[Arbitrator]

 

Won't really lay over and die until after the fat lady sings, or until such time that TASO tells me where she's going to perform. But I do trust Mr. Schumann and pray that he's still got a couple of well placed legal cards up his sleeve left to play. But if the UIL ultimately prevails, I just want to let all of you know that it's simply been a wonderful 30+ years with all of my SOA/TASO brethern. I will miss you all... but I'll never forget you and all the good times and the conscientious officiating that TASO fostered in us all!   

[blindref757]

Unfortunately I don't have 30 years in and still love this--it would be very difficult to walk away completely.  I would gladly go on strike for a while.  The only way that I'd trust the UIL is without Breithaup and Timmons.

[Etref]

And my farewell tour begins.

 

Yours, mine and a lot of other good officials who simply love the game but cannot work for Dr. B or Timmons or the UIL for that matter.


If they can work out some compromise where TASO is left in charge but I do not think that is what Dr. B wants or he could have done so without the lawsuit.

[Welpe]

Unfortunately I don't have 30 years in and still love this--it would be very difficult to walk away completely.

You and I and a lot of other good officials are in that same canoe.  I'm not ready to walk away, I've really just begun.  We're in a tight spot because if we stay, I have a feeling there will be several brothers in stripes that will not look kindly upon that decision.

[Cooter]

We've all had bosses at some point in our lives that we really didn't like.  This too shall pass.  I ask all veteran and non veteran officials alike - please do not leave.  We need your expertise and direction.  As you walk out on the field tonight - look around - this is way God made Friday nights.  Be loyal to your chapters and crews - mentor young officials - love the game.  Don't let this setback run you off.  Please. 

[rickref]

I have one life to live. I will not let a "change" so far run me away from the very thing I love. Fact is I would rather sit back, stay, and fight for a proper way of doing and hanlding things and play what cards are delt to me.  As it was yesterday if it ever becomes something I do not enjoy then I will walk away.

[Etref]

I have on life to live. I will not let a "change" so far run me away from the very thing I love. I fact I would rather sit back, stay, and fight for a proper way of doing and hanlding things and play what cards are delt to me.  As is was yesterday if it ever becomes something I do not enjoy then I will walk away.

That is the thing, for many of us the idea of working for Dr. B or Timmons or UIL make it something we will not enjoy.