An Open Letter to the United States Soccer Federation from Paul Caligiuri
After speaking with several Organization Member Presidents, ExecutiveDirectors, and through media reports, it has come to my attention that the United States Soccer Federation is considering the creation of a position deemed “General Manager” in a potential upcoming Board of Directors meeting prior to the Presidential election. As there will be a new Federation President elected in less than sixty days, this fundamental restructuring of the U.S.Soccer organizational chart, as well as the possible hiring of an individual for this new position without the input of the incoming President is a course of action I urge the Board of Directors to postpone until after the election.
Creation of General Manager Position
Several persons privy to the discussions regarding the creation of a GM position have informed me that the “legal” rationale for creating this position flows from the Secretary General’s authority pursuant to Bylaw 502 Section(a)which reads:
The responsibilitiesoftheSecretaryGeneralincludethefollowing: (a)manage the day-to-day business affairs of the Federation and oversee its operations, management, programs, and staff.
Thus, the creation of the new GM role is being positioned simply as an “additional” staff role well within the purview of the Secretary General. This point alone is subject to some debate. Several corporate governance attorneys with whom I have consulted argue that such a fundamental change to the structure of the organization requires a change to the Bylaws and thus a two-thirds vote of the National Council. (See note below.)
However, while the legality of the decision is of great importance, it is the timing that causes me the greatest concern.
With an election less than sixty days away {and approximately thirty days away from what may be the board Meeting where this decision is made), there is absolutely no compelling reason why this decision must be implemented prior to the election. By rushing this decision through at the 59th minute of the 11th hour of the outgoing administration, the Board of Directors is creating an appearance of impropriety that exacerbates an already damaged reputation amongst the general public and the Organization Members of the Federation; an untenable position we as an organization must do everything in our power to rectify.
As an aside, one of the concerns is “a continuing course of conduct” that demonstrates a pattern of excluding the National Council to achieve goals which legally require amendments to the Bylaws and thus mandates a two-thirds vote of the National Council. This recently occurred when the Nomination and Governance Committee promulgated rules which completely revised the election procedures requiring nominations by Organization Members; an unnecessary requirement which substantially modified the clear, concise and historical procedures delineated in Bylaw 401 Subsection 5 and therefore required a Bylaw amendment. Although for me personally, this was not an impediment to a nomination, it speaks to the larger issue of a fair and transparent governance.