usa swimming board of directors meeting minutes€¦ · page 3 of 12 bod minutes may 3, 2014 46 a...

of 12 BOD Minutes May 3, 2014

USA Swimming Board of Directors Meeting Minutes May 3, 2014 / Colorado Springs Marriott

CALL TO ORDER 8:00 a.m.

USA Swimming Board of Directors President Bruce Stratton, called the meeting to order at

8:10 a.m. on Saturday, May 3, 2014 with the following in attendance:

PRESENT: David Anderson Tim Bauer David Berkoff Ben Britten (call in) Dave Coddington Ed Dellert Brandon Drawz Jeff Gudman Stu Hixon Margaret Hoelzer Katie Holmes Paris Jacobs Michael Klueh Tim Liebhold (call in) Bill Maxson Patty Miller John Morse Dale Neuburger Kelley Otto Stephen Potter Megan Ryther (call in) Jim Ryan (call in)

PRESENT: Jim Sheehan Steve Sholdra Bruce Stratton Mary Jo Swalley Jay Thomas Ron Van Pool Peter Vanderkaay Carol Zaleski NOT PRESENT: Caitlin Leverenz Aaron Peirsol Tyler Storie Gregg Troy Jim Wood GUESTS: Risk Management: Sandi Blumit Dave Cooper John Peterson USSIC BOD: Lew Delo Steve DiPeri McDermott, Will, Emery: Tom Jones

USA SWIMMING STAFF: Tom Avischious Carol Burch Cathy Durance Matt Farrell Jim Harvey Larry Herr Debbie Hesse Pat Hogan Karen Linhart Lindsay Mintenko Kathy Parker Mike Unger George Ward Chuck Wielgus Susan Woessner

MOMENT OF SILENCE 1

A moment of silence was observed for USA Swimming members who have passed away 2

since the last USA Swimming Board of Directors meeting. 3

4


AGENDA REVIEW 5

(Attachment #1) The following additions and changes were made to this agenda: 6

Move Safe Sport Task Force Report to after Treasurer’s Report 7

Action / Discussion Items #9 – IRC Nominations Recommendations 8

Action / Discussion Items #10 – Naming of Officials to FINA List #18 9

Action / Discussion Items #11 – LEAP Manual Update 10

11

DECLARATION OF CONFLICT OF INTEREST 12

Bruce Stratton read the following statement to the Board of Directors: 13

14

“Is any member aware of any conflict of interest (that is, of a personal interest or direct or 15

indirect pecuniary interest) in any matter being considered by this meeting which should now 16

be reported or disclosed or addressed under the USA Swimming Conflict of Interest Policy?” 17

18

If a Board member determines there to be a conflict of interest at any point during the 19

course of the meeting when a specific subject is being discussed and / or action is being 20

taken, a declaration of a conflict of interest should be made at that time. 21

22

RECOGNITION OF RECORDS 23

Jim Sheehan submitted a written report of records and gave verbal highlights. 24

(Attachment #2) 25

26

PRESIDENT’S REMARKS 27

Bruce Stratton welcomed everyone to this meeting. 28

29

MINUTES 30

MOTION: To approve the minutes of the January 25, 2014 Board of Directors meeting. 31

Seconded. APPROVED. 32

33

TREASURER’S REPORT 34

Preliminary financial reports for the quarter ended March 31, 2014 were distributed. 35

(Attachment #3) 36

37

INVESTMENT PERFORMANCE UPDATE 38

The USA Swimming investment portfolio performance for the quarter ended March 31, 39

2014 was submitted. The total portfolio performance of +1.52% for the quarter trailed the 40

benchmark of +1.71% by -.19%. However, the portfolio has outperformed the benchmark 41

for the one, three, and five year periods ended March 31, 2014. 42

43

44

2013 AUDIT REPORT 45


A draft of the consolidated 2013 audit report of United States Swimming, Inc. and 46

management recommendation letter from Stockman, Kast, Ryan & Co., LLP was submitted. 47

The audit committee met on May 1, 2014 to review the audit report together with the 48

management recommendation letter. 49

50

MOTION: Resolved, the Board of Directors of USA Swimming hereby accepts the 2013 Audit 51

Report, the accompanying Management Recommendation Letter, and the Governance Letter 52

as presented subject to the receipt by our auditor of the Ernst and Young letter concerning 53

their audit of USSIC which should be forthcoming this week. Seconded. APPROVED. 54

55

SAFE SPORT TASK FORCE REPORT 56

Members of this task force are: Jay Thomas – Chair, Dave Anderson, Cecil Gordon, John 57

Morse, Sandy Wurtele, Malia Arrington, Megan Ryther, Rachel Stratton-Mills, John Morse, 58

Mike Unger, and Susan Woessner. The Task Force submitted their final report. 59

(Attachment #4) 60

61

MOTION: The USA Swimming Board of Directors accepts this task force report and submitted 62

items of legislation. Seconded. APPROVED. There was unanimous approval of this report. 63

64

Bruce will appoint a Victims Assistance Fund Task Force within the next couple of weeks, 65

to implement the recommendations. Bruce will notify the Board as to who is appointed to 66

the task force. 67

68

(The following were appointed to The Victim’s Assistance Fund Task Force after the meeting: 69

Bob Kizer - Chair, George Ward, and Kelly Otto, John Morse – Advisor, Susan Woessner - Staff 70

Liaison.) 71

72

Two additional task forces will also be appointed at a later date: Greater Access Task Force 73

to consider granting greater access to files and National Board of Review decisions; and a 74

task force to establish “Reliable Hearsay” standards. 75

76

A press release announcement will be distributed later this morning summarizing the 77

elements of the report. 78

79

Jay thanked the task force and the Safe Sport Committee members for their dedication and 80

exceptional work. 81

82

83

84

85

CLOSED SESSION – LEGAL REVIEW 86


USA Swimming outside Legal Counsel gave an update of legal matters and reminded the 87

Board of Directors that this discussion is protected under Attorney Client Privilege, and 88

should not be discussed outside of this meeting, and with others outside of this Board. 89

90

USSIC 91

(Attachment #5) USSIC minutes from the October 18-19, 2013 meeting were submitted. 92

Bruce Stratton introduced Thomas Jones from McDermott Will & Emery LLP. Mr. Jones is 93

the attorney that was retained based on the approval of this Board at the January meeting, 94

to examine the tax aspects of the domestication of USSIC. Bruce also introduced USSIC 95

Board Members Steve DiPeri and Lew Delo. Steve serves as one of the Vice Presidents on 96

the USSIC Board, is the Insurance Committee Chair, and is the Managing Director of 97

Enterprise Risk Intelligence, Verisk a risk assessment company. Lew serves as the Assistant 98

Secretary and Audit Chair for USSIC, is an attorney in a private litigation practice, and does 99

a significant amount of work in international insurance. 100

101

Bruce gave background information on USSIC and the reasoning behind doing an Insurance 102

and Risk Financing review. Bruce asked Carol Zaleski to speak to the USA Swimming Board. 103

The USSIC Board of Directors recommends to not domesticate at this time. 104

105

USSIC - ACTION STEPS 106

MOTION: To form a Single Member Limited Liability Company (SMLLC) in the District of 107

Columbia with the sole purpose of becoming a captive insurance company domiciled in the 108

District of Columbia. Seconded. APPROVED BY COUNT: Yes – 18 (includes those who 109

participated in the meeting and discussions via telephone conference) No -3 / Abstain -1. 110

111

MOTION: To form the Board of the new Single Member Limited Liability Company (SMLLC) in 112

the District of Columbia. The recommendation for the Interim Board is to have the current 113

USA Swimming Executive Committee Members serve as the Interim Board until the 114

domestication is completed. Seconded. Paris Jacobs made a friendly amendment to this 115

motion to invite a current USSIC Board member to serve on this Board as an advisor. 116

117

Thomas Jones suggested that “Board” be revised to “Task Force” or “Nominating 118

Committee” as there is not a new LLC formed as yet. The current USSIC Board is still a 119

currently formed body. 120

121

Elections for the USA Swimming Board of Directors and Executive Committee will take 122

place in September 2014 at the United States Aquatic Sports Convention, but this current 123

Executive Committee Task Force will remain in place until the process of domestication is 124

completed and the new LLC is established. 125

126


AMENDED MOTION: To appoint the current Executive Committee Members to act as the Task 127

Force to facilitate the domestication and to recommend a slate of future managers for the LLC 128

once it is established, with the mandate to come back to this Board with the 129

recommendations. A current USSIC Board member will be invited to serve in an advisory role. 130

Seconded. APPROVED BY COUNT: Yes – 21 / No – 0 / Abstain – 2 131

132

MOTION: To appoint a member of the Board of USA Swimming to serve as proxy at a Special 133

Meeting of the Shareholder of USSIC, to approve the Special Resolution of the Shareholder 134

that implements the discontinuation of the Barbados captive and continuation of the District 135

of Columbia captive. As President of USA Swimming the recommendation is to nominate Bruce 136

Stratton. Seconded. APPROVED. 137

The Task Force will be charged with hiring a manager experienced with the handling of 138

captive insurance companies in the District of Columbia. Request for proposals will be 139

submitted. George Ward will serve as the staff liaison to this Task Force. 140

U.S.O.C. AND NATIONAL GOVERNING BODY COUNCIL 141

Ron Van Pool reported that he was unable to participate in the last NGBC conference call, 142

but Bruce substituted for him. There will be another call next week. There are two USOC 143

Board positions that will be open this fall. 144

145

The USOC Board of Directors minutes were received from the April 8, 2014 meeting and 146

distributed to the USA Swimming Board via email (Attachment #6). One item to note is that 147

the USOC BOD agreed that the relationship between the Olympic movement and NCAA 148

sport programs should be examined in more depth, and will support NCAA efforts. There 149

was also vigorous discussion around the USOC’s safe sport initiative. 150

151

USA SWIMMING FOUNDATION REPORT 152

Bill Maxson and Debbie Hesse reported to the board. The Foundation Board of Directors 153

met yesterday May 2. Included in Chuck Wielgus’ written report (Attachment #7) are 154

specifics on various USA Swimming Foundation activities. Debbie reported that the 155

Foundation has a new logo. There are new ambassadors to the USA Swimming Foundation 156

and Make a Splash program: Janet Evans, Nathan Adrian, and Anthony Ervin. Champions 157

Club is off to a great start. 158

159

160

161

162

STAFF REPORTS 163


Chuck Wielgus submitted a written report and made comments (Attachment #7). Each of 164

the Division Directors also commented on the activities and programs within their 165

divisions. 166

167

Lindsay Mintenko stated that there have been changes made to the team selection 168

procedures which will allow for more opportunities for the athletes. The elite athlete 169

grants were sent out last month to 35 athletes. The Alumni networking with National Team 170

and APA athletes is going well on some levels. Lindsay is getting great feedback and helpful 171

comments on where to go with this program. The transition from swimming to the “real 172

world” is an important process that Lindsay is committed to. 173

174

Frank Busch listed the following priorities for our National Team: athlete welfare, athlete 175

growth, and athlete success. The National Team coaches’ seminar took place at the OTC 176

April 20-22. The emphasis was on the evolution of coaching and was very well attended. In 177

the last three years there have been 102 opportunities for coaches to be on international 178

staffs and have filled those spots with 67 different coaches. There will be four teams chosen 179

off of this summer’s Nationals: Pan Pacific Team – 2014 Australia; World Championship 180

Team – 2015 Russia; World University Team – 2015 Korea; Pan American Team – 2015 181

Canada. 182

183

Matt Farrell briefed the board on the upcoming SwimToday launch taking place on 184

Monday, May 5. The tagline is “The FUNNEST sport there is”. Matt also showed three PSAs 185

that will be used as part of the launch. Information on SwimToday and the PSAs can be 186

found here: http://www.swimtoday.org/assets 187

188

RECOMMENDATIONS FOR USOC BOD POSITION 189

At this point, there are no names being put forward. 190

191

NATIONAL BOARD OF REVIEW – ZONE REVIEW PROCESS 192

John Morse said that they are working on getting the procedures in place for the new zone 193

board of review. The only real complication is structuring how the members will be 194

appointed and how the zone directors will be involved in that process. The guidelines will 195

be available to review before September. 196

197

STROKE AND TURN VIDEO 198

Jim Sheehan commented on the status of updating the stroke and turn video. The intent is 199

to have it available for download on the USA Swimming web site by the end of 2014. The 200

content of the current video is fine but the quality needs to improve. 201

GRAND PRIX MEETS GOVERNANCE AND CONDUCT 202

http://www.swimtoday.org/assets


Jim Sheehan reported that there is nothing in our policy manual on who governs or 203

conducts the Grand Prix meets. The following statement is being offered for inclusion in the 204

policy manual: 205

MOTION: The USA Swimming Grand Prix program consists of a series of meets 206

scheduled by the National Team Division working closely with the National Events 207

Director. The meets shall be governed by the National Team Director and conducted 208

by Program Operations. Seconded. APPROVED. 209

CLBMS ONLINE COURSE 210

Jeff Gudman presented information about the Club Leadership/Business Management 211

School Online Course (Attachment #8). The purpose of this online course is to create an 212

easily accessible method of delivering basic club leadership information to club leaders. It 213

is targeted to new clubs although all clubs are encouraged to participate. Launch target 214

dates is May 15, 2014. As a result of this and some housekeeping items, there are changes 215

to the requirements for new club membership in the policy manual (Attachment #9). 216

217

MOTION: To accept these changes in the requirements for new club membership and the 218

criteria for new club LSC assignment location. Seconded. APPROVED. 219

220

LEGENDS CHAMPIONSHIP SERIES 221

David Berkoff and Pat Hogan spoke to this item (Attachment #10). The Legends Meet 222

Series proposal suggests adding a layer of meaningful, season-ending championship meets 223

to bridge the gap between Sectionals and Junior Nationals. Some key points: 224

Meets would be limited to athletes aged 18 and under; 225

Four meets would be hosted, spread out geographically, with ability to add more later; 226

Standards would be set so as to be a stepping stone from Sectionals to Junior Nationals 227

(approximately 2.5% slower than Juniors); 228

Additional meets could be added as numbers of athletes continues to grow; 229

Time standards would be the same for all four meets. 230

231

Legislation will be brought forward to add the Legends meet to the rulebook. The concept 232

will be introduced and feedback will be requested. The meets would become effective in 233

2015. This would be under Program Operations like Junior Nationals, with direction from 234

Senior Development Committee. Time standards and event order have been sketched out. 235

236

237

238

ZAP IMPLEMENTATION PLAN 239


Brando Drawz submitted a written implementation process overview (Attachment #11). 240

The changes will go into effect January 1, 2015. Brandon will meet with the Board Zone 241

Directors at the end of this meeting to discuss the implementation process and how it will 242

be communicated to LSCs and coaches. This is informational only and no action is 243

necessary. 244

245

NOMINATIONS 2015 – 2019 246

MOTION: The International Relations Committee recommends to the USA Swimming Board of 247

Directors the following nominations for UANA and United States Aquatic Sports positions: 248

USAS Executive Bruce Stratton 249

UANA Executive Dale Neuburger 250

FINA Bureau Dale Neuburger 251

UANA TOWSC Denny Ryther and Rick Walker 252

UANA TSC Bruce Stratton and Jay Thomas 253

Seconded. APPROVED. 254

255 Fernando Canales has accepted a position with the Turkish Swimming Federation as the National 256

Team Director and has already relocated. Fernando currently serves on the UANA Executive 257

Committee until July 2015 as the Secretary. Fernando has expressed interest in remaining in this 258

position, and the IRC feel that this is in the best interest for UANA and USA Swimming. This is 259

ultimately a United States Aquatic Sports decision, and we can recommend this, but Turkey is not a 260

UANA member federation. The USA Swimming Board of Directors affirm this decision, and to 261

recommend this to United States Aquatic Sports. 262

NAMING OF OFFICIALS FOR FINA LIST #18 263

Jim Sheehan recommends the following officials for FINA List #18, which is effective 264

January 2015 (Paul Memont, Mike Saltzstein and Jim Sheehan are coming off the FINA list). 265

266

Continuing: Jeff Raker (Starter) and Jacki Allender (Referee) 267

New: Julie Allen (Starter); Robert Broyles and Amy Hoppenrath (Referee) 268

APPROVED 269

270

LEAP MANUAL UPDATE 271

(Blue and underline is new, strikethrough is old to be dropped. Also some minor 272

housekeeping renumbering of sections). 273

4.6 Evaluation Process – Levels Two & Three 274

4.6.1 General 275

LSCs moving beyond the minimum requirements will utilize the metrics 276

established in LEAP Levels 2 and 3 to measure their further successes. While 277

items may be uploaded to any level at any time, LSCs must be current on all 278

requirements in lower levels to achieve a higher level. 279


280

4.7 Submittal Deadlines – Levels Two & Three 281

An LSC shall have 18 months from the original due date for LEAP Level 1 to 282

submit all materials for LEAP Level 2. An LSC shall have an additional 18 283

months to submit all materials for LEAP Level 3. [Note: For the 2013-16 quad 284

LSC’s that have been approved for LEAP Level 1 prior to January 1, 2014 will 285

use that January date as the beginning of the 18 months for submission of Level 286

2. For the 2013 – 2016 quad LSC’s that have been approved for LEAP Level 2 287

prior to January 1, 2014 will use that January date as the beginning of the 18 288

months for submission of Level 3]. 289

APPROVED. 290

291

PRESIDENT’S REPORT 292

Bruce Stratton submitted reports from the Safe Sport Committee (Attachment #12) and the 293

Governance Committee (Attachment #13). 294

295

FINA BUREAU AND FINA TECHNICAL SWIMMING COMMITTEE 296

Dale Neuburger submitted the FINA Bureau minutes from the March 1-2, 2014 meeting 297

held in Cancun, Mexico (Attachment #14). There will be an Extraordinary Congress in Doha 298

proceeding the World Championships in late November 2014. Normally the Congresses 299

occur every four years, the next one being in 2017, but this is specifically to approve the 300

new WADA Code which goes into effect January 1, 2015. 301

302

Dale mentioned the Water Polo World Conference that took place in Cancun February 27-303

28, 2014. That conference took place to specifically help Water Polo grow and innovate. 304

305

There will be a FINA Officials Conference held in Miami in June 2014. 306

307

World Junior records are being established. 308

309

The FINA 2016 World Championships will take place in December in Windsor, Ontario. 310

There is a possibility of opportunity to host the World Aquatics Convention in conjunction 311

with the World Championships in Detroit, which is across the river from Windsor. 312

313

The FINA Bureau has determined that the FINA Technical Open Water Committee members 314

will remain the same. 315

316

317

ATHLETES ADVISORY COUNCIL 318

Peter Vanderkaay submitted a written report (Attachment #15). 319


320

ADMINISTRATION VICE PRESIDENT 321

Mary Jo Swalley submitted a written report (Attachment #16). 322

323

REGISTRATION POLICY AND PROCEDURE MANUAL 324

The inclusion of the Registration Manual into the Board of Directors Policy Manual now 325

requires any changes to be made to the Registration Manual to be reviewed and adopted by 326

the Board of Directors. In an effort to be more efficient the manual will now be divided into 327

official policy versus registration procedures (Attachment #17). 328

329

TECHNICAL VICE PRESIDENT 330

David Berkoff submitted a written report (Attachment #18). 331

332

ATHLETES EXECUTIVE REPORT 333

Tim Liebhold submitted a written report (Attachment #19). Tim participated in this 334

meeting via conference call and reported verbally also. The OIOC is the only committee 335

that guarantees a certain level of international experience for the athletes serving on that 336

committee. Considering the fact that the nature of the OIOC has changed over the years, the 337

AEC would propose adding a new sub-committee to the AEC, chaired by the National Team 338

AEC Vice-Chair, with six pool National Team athletes, two Open Water National Team 339

athletes, one can be a National Team Paralympian. This will be included in the policy 340

manual. 341

342

PROGRAM OPERATIONS VICE PRESIDENT 343

Jim Sheehan submitted a written report (Attachment #20). 344

345

PROGRAM DEVELOPMENT VICE PRESIDENT 346

Jeff Gudman submitted a written report (Attachment #21). 347

348

SOUTHERN ZONE 349

Jay Thomas and Tim Bauer submitted a written report (Attachment #22). 350

351

EASTERN ZONE 352

Paris Jacobs and Ed Dellert submitted a written report (Attachment #23). 353

354

CENTRAL ZONE 355

Stephen Potter and David Anderson submitted a written report (Attachment #24). 356

357

WESTERN ZONE 358


David Coddington and Ben Britten submitted a written report (Attachment #25). 359

360

NCAA 361

Katie Holmes submitted a written report (Attachment #26). 362

363

YMCA 364

Jim Ryan participated via conference call and also submitted a written report (Attachment 365

#27). 366

367

U.S. MASTERS SWIMMING 368

Patty Miller reported verbally. Masters Swimming is now a registered trademark. They 369

have formed a partnership with Lifetime Fitness. Spring Nationals is taking place right now 370

is Santa Clara. Anthony Ervin, Nathan Adrian, and Matt Biondi are participating. 371

372

ASCA 373

There is a report included in the packet from John Leonard (Attachment #28). Gregg Troy 374

was not present. 375

376

ADJOURN 377

Bruce Stratton adjourned this meeting at 3:25 p.m. 378

379


For a copy of an attachment, please contact

Kathy Parker ([email protected] 719-866-3579)

or Brenda Adams ([email protected] 719-866-3536)

Attachment #1 Page 2 – Agenda

Attachment #2 Page 2 – Records

Attachment #3 Page 2 – Preliminary Financial Reports – Quarter Ended 3/31/14

Attachment #4 Page 3 – Safe Sport Program Review Task Force Report

Attachment #5 Page 4 – USSIC Minutes October 18-19, 2013

Attachment #6 Page 5 – USOC Board of Directors Minutes April 8, 2014

Attachment #7 Page 6 – Executive Director’s General Update

Attachment #8 Page 7 – Club Leadership/Business Management School Online Course

Attachment #9 Page 7 – Requirements for New Club Membership Updates

Attachment #10 Page 7 – Legends Championships

Attachment #11 Page 8 – Sanction Appeal Process - Implementation Process Overview

Attachment #12 Page 9 – Safe Sport Committee Report

Attachment #13 Page 9 – Governance Committee Report

Attachment #14 Page 9 – FINA Bureau Minutes March 2014

Attachment #15 Page 10 – USOC AAC Report

Attachment #16 Page 10 – Vice President Administration Report

Attachment #17 Page 10 – Registration / Membership Policy Manual

Attachment #18 Page 10 – Vice President Technical Report

Attachment #19 Page 10 – Athlete’s Vice President Report

Attachment #20 Page 10 – Vice President Program Operations Report

Attachment #21 Page 10 – Vice President Program Development Report

Attachment #22 Page 10 – Southern Zone Report

Attachment #23 Page 10 – Eastern Zone Report

Attachment #24 Page 10 – Central Zone Report

Attachment #25 Page 11 – Western Zone Report

Attachment #26 Page 11 – NCAA Report

Attachment #27 Page 11 – YMCA Report

Attachment #28 Page 11 – ASCA Report

usa swimming board of directors meeting minutes€¦ · page 3 of 12 bod minutes may 3, 2014 46 a...

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