Sydney Sooners

On June 7, 2001, the NSSBL received correspondence from Gordon Jones initiating a protest with respect to the June 6, 2001 game between Sackville and Truro. This protest related to Truro's placement of Jeff Maxner's name on the official game card submitted to the Umpire. The operative section of our Operating Procedures/Constitution which governs this situation (i.e. Player Movement) arose out of an informal rule put in place for the 1999 playing season. At our League meeting of Oct. 23, 1999, John Sparkes, Sackville's representative at the time, gave Notice of a Motion to be brought at the February 2000 meeting. The rule is as follows: Players who are registered on a NSSBL team roster in the previous playing year must notify in writing (i.e. memo) the team Coach or General Manager by March 15 of the next playing year if the said player wishes to transfer to another team in the NSSBL. Players failing to do so prior to March 15 must be formally released by the previous team in writing by sending a letter to the Chief Administrative Officer notifying the League of such release. Any disputes will be settled by the League Chief Administrative Officer based on a written appeal by the player. There is no dispute that Jeff Maxner was on the Sackville roster in 2000. Certain other issues are not in dispute: 1. No one from the Sackville organization received anything in writing from Jeff Maxner by March 15, 2001 regarding his intent to play for any other NSSBL club; and 2. Peter Craig, the Chief Administrative Officer did not receive any written appeal from Jeff Maxner disputing Sackville's failure to provide him a release after the March 15 deadline had passed. To be fair to him, he only received Sackville's formal position on the release on June 6, 2001. Sackville's protest involves the use of an ineligible player (Maxner). The protest committee does not view the protest itself as the vehicle for resolving the issue of Maxner's release from Sackville. Clearly, the procedure for resolving the release issue is set out in the Rule noted above. Use of an ineligible player by a team is governed by s. 3.0 of the League's Discipline Policy (Team Penalties). For a first offence, this infraction draws a $200 fine and loss of a win in the case of a victory. In its response to the protest, Truro notes notifying Peter Craig and Sackville representatives on May 31, 2001 regarding contact the club received from Maxner about playing in Truro this year. This is certainly accepted by the protest committee. The committee also accepts Truro's position that they offered no inducements to Maxner and that it was he who initiated the contact. There is no doubt the Truro has acted in good faith. Also in its response, Truro states, on behalf of Maxner, "I am sure Jeff would have let them know at that point that he was not going to play for their organization during the 2001 season" if he was made aware of the notification deadline. In reply to this, Sackville states definitively that its coach notified all its players of the pertinent deadlines. Further, Sackville cites the case of one of its players who complied with all procedural formalities and was granted his release. Sackville's position must be accepted on this point in these circumstances. Accordingly, Jeff Maxner was ineligible to be on Truro's roster on June 6, 2001 and Sackville's protest is upheld. Given the unique circumstances of this situation, the $200 fine will not be imposed, however, Truro will not get credit for the victory (which will go to Sackville).