State chess federation authority

I would like to know if TD’s, players, chess club officers or USCF officials see any problem with our state chess federation imposing policies for “sanctioned” tournaments that are organized and sponsored by USCF affiliates. These tournaments would be “sanctioned” by the state federation per a request by the USCF affiliate clubs. Some of these policies authorize the state federation to remove players from a tournament and, in effect, usurp the rights of the TD to direct the tournament and use his/her own discretion. You may find the policies pasted below.

In this state, “sanctioning” used to be reserved for tournaments where state titles were awarded and those particular tournaments were sponsored and organized solely by the USCF affiliate clubs in the state. The state federation by sanctioning the state championship, for instance, would be giving “credibility” to the tournament by “sanctioning” the event. No financial sponsorship came from the state federation. The only requirement was that all in-state players in the tournament had to be state federation members.

Now, the state federation Executive Board has broadened the definition of “sanction” to mean any tournament where state federation membership is required. There is an incentive, that did not exist before, for the clubs to have their tournaments “sanctioned” by the state federation so that they can receive free tournament announcements via postcard mail-outs by the state federation.

  ACF Inc. Policies

Note: Enforcement of set policies is discretionary; discretion is held by on site ACF Inc. Executive Board Officer or Representative.

Disorderly/Disruptive Conduct
 If a player or spectator uses profane language, is warned by an ACF Inc. Executive Board Officer or Representative to cease using such language, and then continues, he or she will be removed from the event.
 Abusive language is not tolerated. Continued use of such language after a warning from an ACF Executive Board Officer or Representative leaves the player or spectator subject to removal from the event.
 Violent, disruptive, unruly, or cruel behavior/language will result in immediate removal from the event. An incident falling into this category can result in a permanent ban from ACF Inc. events.
 Comments or actions of racism, sexism, ageism or religious discrimination are strictly prohibited, and will often result in removal or permanent ban of the offender.
 Portable radios, cassette players, CD players, and mp3 players are discouraged, but allowed at a very moderate volume with headphones/earphones. If these items become a problem, the on-site ACF Inc. Executive Board Officer or Representative maintains the right to restrict their use by one or all players.
 If a cellular phone rings inside the designated playing area during tournament play, the on site ACF Inc. Executive Board Officer or Representative maintains the right to remove the owner of the ringing phone from the playing area or even the event, with no refund. This applies to both players and spectators.
 If other games are still in progress players may not analyze their game inside the tournament area. Players doing so are subject to removal from the event.
 Use of computers at ACF Inc. events is restricted to materials appropriate for all ages. Failure to abide by this policy will typically result in removal from the event, and sometimes a ban from all future ACF Inc. events. The severity of ACF Inc. actions will vary according to each specific incident.
 Smoking is not allowed inside any playing facility.
 Weapons, lethal or non-lethal, are strictly prohibited from playing facilities. Violation of this policy leaves a person subject to permanent ban from ACF Inc. events.

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 Events must be sanctioned or sponsored by the ACF Inc. to be advertised on the ACF Inc.'s Web Calendar.
 Exceptions:
 Events run by other USCF State Affiliates and by ACF Inc. Affiliates may be advertised on the ACF Inc.'s Calendar.
 National Events
 International Events

Cheating
Cheating is taken very seriously, and the USCF will always be notified of incidents falling into this category:
 Anyone involved in cheating will be removed from the event and permanently banned from all future ACF Inc. events.
 We understand that a player may wish to make a phone call outside of the playing area with their game still in progress, and that the phone call may in no way amount to cheating. Consequently, the following policy will be enforced with great discretion.
Making telephone calls while involved in a tournament game can invite accusations of cheating. Consequently, without permission from a TD, players may not use cellular phones inside or outside of the playing area while they have a tournament game in progress.
 Leaving the playing area for extended periods of time while involved in a tournament game can invite accusations of cheating. Consequently, without permission from a TD, players may not be absent from a tournament game for more than fifteen minutes at a time.
 Players may not use a computer for any purpose while involved in a tournament game.
 Computers may not be operated in the playing area while tournament games are in progress except by the tournament director. A skittles area will always be available.

Byes
 Half-point byes are available upon request, but must be requested at least one hour before the round the bye is needed in.
 Half-point byes for the final round of a tournament are not allowed, except under some special circumstances approved by an ACF Inc. Executive Board Officer or Representative.
 To request a bye for round one, you must be preregistered, and must contact the tournament director before the end of morning registration. Late entries into round two allow a player to be granted a half-point bye for round one at the tournament director’s discretion.
 A player may not request byes for more than half the rounds in the tournament. Only one half-point requested bye may be used in the player’s final score for awarding prizes. At the TD’s discretion, more than one requested bye may be scored as half-points for pairing purposes, but after the first requested bye all others are zero-point byes for prize purposes.

Withdrawals
 Withdrawing without properly informing the tournament director will result in a $15 fine. If a player refuses to pay the fine, he or she will be barred from ACF Inc. tournaments until the fine is paid.
 To properly withdraw from a regular rated event without being penalized a player must notify the tournament director at least fifty minutes before the next round. To properly withdraw from a dual rated event without being penalized a player must notify the tournament director at least forty minutes before the next round. To properly withdraw from a quick rated event without being penalized a player must notify the tournament director at least twenty minutes before the next round.
 Individuals who withdraw from a tournament will forfeit their eligibility for prizes.

Grievances, Complaints, and Appeal Processes

  1. All ACF Inc. members have the right to have a grievance, complaint, or appeal presented to the Board of Trustees for review.

Definitions

  1. USCF: United States Chess Federation
  2. ACF Inc.: Alabama Chess Federation Incorporated.
  3. TD: Tournament Director sanctioned by the USCF to run USCF Rated Events.
  4. ACF Inc. Executive Board Officer: The ACF Inc. President, Vice President, Scholastic Vice President, Secretary Treasurer, and Editor.
  5. ACF Inc. Representative is an individual determined by the ACF Inc. Executive Board to take on the duties of an Executive Board Officer at a specific ACF Inc. Event.
  6. ACF Inc. Event: This includes tournaments and business meetings associated with the ACF Inc.

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All this for a postcard? “We don’t need no stinkin’ postcard.” Tournament announcements should be posted on a web site.

Tournament Organizer needs the players even more than the players need the T.O…
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The state chapter can’t impose such rules on a third-party tournament unless the organizer consents. It is, however, perfectly free to withhold privileges (like appearing in the state magazine or on the state web page) from tournaments which do not consent. They cannot prevent any USCF affiliate from holding a tournament in the state (though they can restrict the use of certain tournament names). If it’s a state title tournament being awarded by the state chapter, they can set almost any conditions they want. (I say “almost” because there are some things that would be illegal.)

Some of those restrictions (such as those about half-point byes) are likely to reduce the desire of organizers to have their tournaments ACF-sanctioned. That would be my reaction, anyway.

Bill Smythe

What exactly do you object to in the “bye” section? It’s a little tighter than some, but none of it sounds too objectionable. My problem with that list is the excessively bureaucratic pettifogging, trying to make a rule for every conceivable situation. That just won’t work. I suppose their hearts are in the right place, but if the state chapter here adopted something like that I’d probably tell them to go pound sand.

Some of those sanctions [i.e. more than 15 minutes away from the board] are already USCF rules, and as such the TD is suppose to impose sanctions [warning up to game forfeit] on the individual.

Losing a game due to a cell phone going off is not uncommon. However, the sanctions list would go further to remove the player from the rest of the tournament! I think this is extreme, and this is from someone who does not like cell phones & refuses to own one.

Larry S. Cohen

That’s basically my objection, too. As for byes, let the organizer allow last-round byes if he wishes. Sometimes an organizer will announce that last-round byes are a no-no, but then some soft-hearted (or soft-headed) TD will listen to a sob story (“I have to travel 200 miles, and I go to work at 7 am tomorrow”) and grant a bye after all. Then all Haydes breaks loose when other players find out. “If I had known that, I would have requested a bye too.” “You’re making me play, but giving him a bye?”

Whatever the bye policy is in any tournament, it should be enforced uniformly and without exception. By the same token, the bye policy should be sufficiently liberal so that the TD (whether the same person as the organizer or not) isn’t tempted to violate it.

Bill Smythe

The thrust of these new policies is the contention that the state federation is somehow empowered to name the USCF-certified TD of the event as the state fed’s representative. My opinion is that in an official capacity, the TD cannot represent a state federation, impose sanctions or enforce policies that the state federation puts into effect because tournament rules and regulations come from the USCF.

Does the state federation, as an affiliate of the USCF have the power to name the chief TD their representative? It doesn’t seem so to me, but I welcome opinions from TD’s and any USCF officials that would care to comment.

Why wouldn’t they? The organizer of the event is voluntarily agreeing to abide by the state federation rules. The organizer is the one requiring the TD to fulfill the state requirements - or else he wouldn’t hire that TD.

No matter what the organizer or state fed dictates, the TD is responsible for all decisions in the tournament regarding rules, therefore, the TD cannot represent a state fed in the application of policies or rules that do not reflect tournament rules of the USCF. Yes, the organizer would be voluntarily agreeing to abide by state federation rules but in doing so, the organizer would be jeopardizing his affiliate status and the rights of the players if a rule of the state fed was followed and determined to be beyond the scope of state federation authority as it relates to USCF authority.

The TD is required to abide by USCF rules. If the TD is a knowledgeable director and ascertains that certain policies he is being required to follow are against USCF rules, then he is bound to his duty to uphold them and, therefore, cannot represent the state federation. He cannot serve two masters, as the saying goes.

The question is whether the state federation has the authority to impose rules that are not strictly in line with USCF rules and in the process reserve the right to name the TD as its representative. I might also mention that, according to the policy statement, the state federation reserves the right to name a federation Executive Board member or another person that is not the chief TD as the representative empowered to impose these policies at the tournament.

Can you provide an example of some rule that you think is not allowed by the USCF (as long as that rule variant is posted at the site and included in all advertising)? In a quick perusal of the list, I noticed things that I would not normally do, but did not notice anything that could not be done.