Vic Firth/Zildjian no longer DCI partner

[Stu]

11 minutes ago, JimF-LowBari said:

Oh I wasn’t talking about what really goes on and who controls what. I’m talking purely on a legal basis. IOW legally as per the paperwork the corps are all separate entities and DCI organization is a separate entity. 

All co-ops, non-profits, etc should have indemnify protections which insulate the members who are acting on their own accord and not acting for the organization from any bad action by the organization or other members; and indemnify protections should also exist to insulate the organization from the actions of members.

[Jeff Ream]

1 hour ago, Stu said:

No, the NCAA is not a Cooperative like DCI. It is an independent organization apart from the universities. And that difference, that distinction, that separation from the member universities is what matters as to the point I was making a few pages back.

https://en.wikipedia.org/wiki/List_of_charter_members_of_the_NCAA

 

so it appears the charter members were schools, and a full time president wasn't in place until 1951. 

 

Formation and early years[edit]

See also: List of charter members of the NCAA

Intercollegiate sports began in the US in 1852 when crews from Harvard and Yale universities met in a challenge race in the sport of rowing.^[5] As rowing remained the preeminent sport in the country into the late-1800s, many of the initial debates about collegiate athletic eligibility and purpose were settled through organizations like the Rowing Association of American Colleges and the Intercollegiate Rowing Association. As other sports emerged, notably football and basketball, many of these same concepts and standards were adopted. Football, in particular, began to emerge as a marquee sport, but the rules of the game itself were in constant flux and often had to be adapted for each contest.

The NCAA dates its formation to two White House conferences convened by President Theodore Roosevelt in the early 20th century in response to repeated injuries and deaths in college football which had "prompted many college and universities to discontinue the sport."^[1] Following those White House meetings and the reforms which had resulted, Chancellor Henry MacCracken of New York University organized a meeting of 13 colleges and universities to initiate changes in football playing rules; at a follow-on meeting on December 28, 1905 in New York, 62 higher-education institutions became charter members of the Intercollegiate Athletic Association of the United States (IAAUS).^[1] The IAAUS was officially established on March 31, 1906, and took its present name, the NCAA, in 1910.^[1]

For several years, the NCAA was a discussion group and rules-making body, but in 1921, the first NCAA national championship was conducted: the National Collegiate Track and Field Championships. Gradually, more rules committees were formed and more championships were created, including a basketball championship in 1939.^[6]

A series of crises brought the NCAA to a crossroads after World War II. The "Sanity Code" – adopted to establish guidelines for recruiting and financial aid – failed to curb abuses. Postseason football games were multiplying with little control, and member schools were increasingly concerned about how the new medium of television would affect football attendance.^[6]

The complexity of those problems and the growth in membership and championships demonstrated the need for full-time professional leadership. Walter Byers, previously a part-time executive assistant, was named executive director in 1951, and a national headquarters was established in Kansas City, Missouri in 1952.^[6]

Byers wasted no time placing his stamp on the Association. A program to control live television of football games was approved, the annual Convention delegated enforcement powers to the Association's Council, and legislation was adopted governing postseason bowl games.^[6]

 

 

[Jeff Ream]

1 hour ago, Stu said:

The corps directors in 1972 created and chartered DCI for the direct intent purpose of member corps to oversee, manage, and control; not for DCI to oversee, manage, and control the corps; DCI is not seperate from them with just a board consisting of corps directors; it is not merely an independent sanctioning body like the NCAA; nope; in essence DCI is the puppet and the member corps control the strings.  That is a far cry from the NCAA, no matter what board goverence structure NCAA has. And that, agian, is my point. Does that clear up any confusion?

and all of the committees in the NCAA create the rules that the NCAA enforces. the committees are made up of people from the member schools. 

[garfield]

1 hour ago, Stu said:

No, the NCAA is not a Cooperative like DCI. It is an independent organization apart from the universities. And that difference, that distinction, that separation from the member universities is what matters as to the point I was making a few pages back.

Just for clarity, DCI is a separate 501c3 from each and all corps.

It actually is an independent organization from each of the individual drum corps.  That the org's board is made up of corps reps doesn't mean they mix 990's.

 

Edited March 22, 2019 by garfield

[garfield]

1 hour ago, JimF-LowBari said:

Oh I wasn’t talking about what really goes on and who controls what. I’m talking purely on a legal basis. IOW legally as per the paperwork the corps are all separate entities and DCI organization is a separate entity. 

yes

 

[Jeff Ream]

2 minutes ago, garfield said:

yes

 

kinda like the NCAA and the schools.

[JimF-LowBari]

2 minutes ago, Jeff Ream said:

kinda like the NCAA and the schools.

And AACA I brought up....

[garfield]

1 hour ago, Stu said:

The corps directors in 1972 created and chartered DCI for the direct intent purpose of member corps to oversee, manage, and control; not for DCI to oversee, manage, and control the corps; DCI is not seperate from them with just a board consisting of corps directors; it is not merely an independent sanctioning body like the NCAA; nope; in essence DCI is the puppet and the member corps control the strings.  That is a far cry from the NCAA, no matter what board goverence structure NCAA has. And that, agian, is my point. Does that clear up any confusion?

This is a very hard post to follow, Stu.  Now I'm not sure I understand your point.

DCI as we know it was formed to oversee, manage, and control THE TOUR only.  Not the activity, not the corps, not the Friends program.  Simply, the tour.

DCI IS separate from them with just a board consisting of corps REPRESENTATIVES (not "directors").  It IS an independent body.

There's no subjective "in essence" about it:  DCI's actions are governed by the reps from its member corps.

I'll let others educate about the NCAA if it's an apt comparison.

 

[garfield]

56 minutes ago, Stu said:

All co-ops, non-profits, etc should have indemnify protections which insulate the members who are acting on their own accord and not acting for the organization from any bad action by the organization or other members; and indemnify protections should also exist to insulate the organization from the actions of members.

If it were so easy to avoid one's fiduciary responsibility by simply drafting in "indemnity protections", the fiduciary label and responsibility would be toothless.

The DCI board cannot "indemnify" itself out of responsibility for DCI or its actions in the activity.  The fiduciary label is what allowed the O-13 corps to topple the G7 coup attempt.  It's tattooed on the forehead of every Board member and cannot be "indemnified" away.

 

[cixelsyd]

1 hour ago, Stu said:

There are instences over the years where internal rules, regulations, and bylaws have changed. However, last time I checked, according to legal documents, NCAA is still independent and DCI is still a Cooprative.

Oh, like Left Twix and Right Twix.