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Daily Dish: Bismarck and Aberdeen Violate Tier II Rules? - Junior Hockey News


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Published: Wednesday, 18 Apr 2012
By: Stephen Heisler  |  Web site: JuniorHockey.com

Some say rules are meant to be broken, in the case of the Bismarck Bobcats and Aberdeen Wings of the North American Hockey League, the rules were open to interpretation.

The Bobcats have been forcing players to pay for their training program that includes use of a fitness center. This practice has been going on for years.

The Wings have taken the deed one step further. Aberdeen has a trade-out relationship with the Aberdeen YMCA that allows the players to utilize their facility in exchange for advertising properties provided by the team, according to a source within the YMCA. Despite that arrangement, the team has turned around and charged the players $300 for the season. Players that have been traded to other teams have made attempts to get that money refunded, only to be ignored by the Wings.

The NAHL Board of Governors President, Bill McCoshen, a person that should have a firm grasp on the rules, is also missing the boat in regards to a clear understanding of the criteria set for the Tier II level of play.

What rules are we talking about here?

(7) Practice

A minimum of six (6) hours of practice per week shall be regularly scheduled throughout the playing season and the team shall provide for an off-ice training program and facilities. Each team shall conduct a preseason training camp. Each team shall provide facilities for off-ice training.

 

The argument comes down to simple terminology. What does Shall Provide really mean? McCoshen is under the impression that it means to provide access, but not necessarily pay for.

"Steve, I assure you the term shall is not a directive. That term would need to be followed by, at the teams expense, to mean what you say it means," McCoshen said last week. "I don't want to embarrass you, but check with any lawyer and they will tell you I am right."

McCoshen's argument does not hold much water when looking at the section that addresses player costs.

                E. Player Support

(1) Compensation From Players

No league or member team shall pay more than reasonable and necessary expenses for travel, meals, and lodging while on team trips. Further, no league or member team shall collect any dollars from a player as a contribution toward the team budget and/or expenses that are incurred by the team in participating in league competition. To clarify, this would include any and all expenses of every kind or nature incurred in connection with any competition during exhibition, regular season, play-offs, and/or other post-season/all-star competition. Upon receipt of any financial complaints, USA Hockey shall conduct an audit of the player's account with the team to verify or dispute the complaint. Violation of the limits set forth herein shall subject the offending team and league to disciplinary action.

 

NAHL officials have known about the Bobcats charges for two seasons and the team's communications director, Paul Teeple, has even defended it, explaining that is was an added value to the program. Regardless of what Teeple and the Bobcats want to call it, doing so is a direct violation of the Tier II criteria.

In regards to Aberdeen...monkey see monkey do. I clearly informed both clubs that an article detailing the violations would be published today if they had not refunded all of the money back to the players by Tuesday.

Needless to say, we are where we are.

Instead of writing refund checks to the players, the Bobcats addressed the situation Tuesday in the dressing room and pointed the finger at one player as the source of my information. Shortly afterwards many of the players' parents were calling and wondering if they should simply pull the players before this weekend's play-off games. The parents are afraid of additional retaliation by the team.

Is this the culture of the NAHL? In October, we informed Frankenfeld in regards to a similar situation in Chicago when the team decided to force players into purchasing equipment. Instead of addressing the issue, the league simply said that I should mind my own business and that players would have to file a complaint.

Today, the Bobcats singles out a single player as a source, a player I have never talked to. One would think that it would be much easier to simply follow the rules.

What should the NAHL do? The right thing to do is force both teams to refund 100% of the money to the players. For Bismarck, they need to go all the way back to the first season they pulled this crap. Aberdeen needs to go back to last season as well.

How much money are we talking about here? Roughly $7,500 per season per team. The team's refusal to refund should be met with an immediate suspension of both teams NAHL memberships and the players should all be reimbursed out of the $150,000 performance bond that is issued for both teams.

"The league needs to address the issue first before we can get involved," USA Hockey's John Vanbiesbrouck said on Tuesday. "Obviously the issue is interpretation. The NAHL agreed to the criteria when it was created, so the teams should have brought any questions to the league in regards to clarification."

The bottom line is simple, give the money back or face further embarrassment. This issue will quickly go away by doing the right thing. If the teams continue to debate this, the argument will get before the junior council and I can promise that it will take a freight train to pull that many boots out of the NAHL's backside for letting things get that far.

What do you think?

Related Articles-

http://www.juniorhockey.com/news/news_detail.php?news_id=75409

http://www.juniorhockey.com/news/news_detail.php?news_id=75419

Link to USA Hockey

http://www.usahockey.com/uploadedFiles/USAHockey/Menu_About_USA_Hockey/Menu_Annual_Guide/Annual%20Guide%201112f.pdf

Attention all North American Hockey League players and parents that have been forced to contribute any money to a team beyond the billet fee. Please report all such non-refunded payments to me directly and I will forward the information onto the league and USA Hockey officials.

sh@juniorhockey.com






Discuss:

posted Apr. 18th, 2012 - 7:58am
Matt Gajtka says:
Way to rake the muck, Stephen. Awesome reporting.

posted Apr. 18th, 2012 - 8:43am
Stephen Heisler says:
Matt,
I did everything possible to get the players refunded before having to out the offending teams.

posted Apr. 18th, 2012 - 11:24am
Steven Marks says:
Wow, frankly Stephen I think some of the stories reported in the past have been biased, however, if this is true it is a pathetic violation and the players should be reimbursed and the offending organizations appropriately punished.

We all know that the NAHL is poor mans version of the USHL. The teams don't cost as much to buy and run but most lose money. Most owners accept the financial burden and prudently try to limit it. Yes they provide sticks but not the top of the line, yes they provide rooms and meals on the road but 3-4 to a room and pizza after games (pizza because of cost is a post game staple even at the NCAA level).

However, to force athletes to pay for a trainer is ridiculous and the NAHL should come down hard and fast on this practice, even if one of the involved owners is a league governor.

posted Apr. 18th, 2012 - 11:36am
Stephen Heisler says:
Steven,
The funny part is that the teams are not denying the allegations, they are fighting over the the word "shall".

posted Apr. 18th, 2012 - 2:34pm
Lori Orchow says:
Maybe the players "shall" only give 100% if the owners do too...Everyone knows "shall" means "must" and not "should" or "can." It's absurd that these teams penny pinch like this and make the players suffer along the way

posted Apr. 18th, 2012 - 2:45pm
RS says:
I am new in this forum, is the NAHL league that bad? NAHL teams states in their website their most equipment will be provided. My son is a goalie..what does "most" really mean?

***RS, YOU NEED TO CREATE A NEW ACCOUNT WITH A REAL NAME***

posted Apr. 18th, 2012 - 3:28pm
Steve Jess says:
I think it is sad that a few clubs doing something incorrectly can make people think it is the entire league. There are many clubs doing it not only right, but better then most. Wenatchee, Topeka, Corpus, and Texas are just a few examples.

RS, NO the league isn't that bad, it is a great league. There are always a few bad apples in ANY league - including the USHL.

posted Apr. 18th, 2012 - 3:33pm
Randy Russon says:
The NAHL, I am sure, has its issues. Just as the Ontario Hockey League, Northern Ontario Jr. Hockey League, United States Hockey League, Western States Hockey League etc. etc. all have. I have been covering junior hockey since 1975. I have searched for the perfect league with the perfect owners and the perfect commissioners and have yet to find any.

posted Apr. 18th, 2012 - 5:00pm
Mike Johnson says:
While I agree whole-heartedly with everything that you wrote on this topic, you will find "volumes" on contractual law regarding the word "shall". The word "shall" is the most MISUSED word in legal language. Most lawyers are taught to look for this word in contracts and ask to have it removed. The Old English definition of this word is used to describe a status or something that will occur in the future. Something like:
"I think I shall get my haircut next week".

This statement does not mean I "will" get my haircut, only eventually..
These owners are as Dumb as a Fox, they know they could get away with this. Unless USAH rewrites these rules, the unscrupulous owners of the Juniors teams will do anything to make additional money...

Stephen, keep exposing these creeps. I will never support any team that does this to our young players...

posted Apr. 18th, 2012 - 9:35pm
NAHLFAN says:
The Bismarck Bobcats orginization is a complete joke. This season the NAHL had 28 hockey clubs. The oldest team in the entire league is the Bobcats with 12 1991 birthdates. With only one D-1 Commitment on the entire roster it proves that the orginization is not making the steps to move players on. In fact no one really trusts Head Coach Layne Sedevie Sommer commited before he joined BIZ, Layne obviously was aware that players were forced to pay for workouts. The Owners main goal is to make money which is not what the NAHL is about. the team violates the league intermission rule which states that intermissions must not be longer than 17 minutes, Bismarck has 22 minute intermissions. A team that finshed in first place in the division should have more d-1commitments. I feel really bad for the players that have tendered with Bismarck this franchise was once legit when they had a bench boss that had a legitimete resume.

Aberdeen involved with this is really sad. With one of the wealthiest owners in the league this should never be an issue.

With the recent news coming out about these teams it looks like Austin has the brightest future as far as success goes in the division...

**NAHL FAN, PLEASE REJOIN WITH A REAL NAME**

posted Apr. 19th, 2012 - 8:31am
Mike Smithe says:
For as many good owners the league has you wonder why they allow all of this stuff happen and not put an end to it. Each BOG has a vote and they can fix problems by voting. They chose to put Frankenfeld in charge to handle problems as an employee of the league instead of owners just fixing the root cause.

Frankenfeld is a politician tells you what you want to hear and never does anything to really fix the problem. He has had problems with is Ethics going all they way back to his short AAA era when he got fired for trying to do a side deal with out letting all the board members know. His characters has big gaping holes.

As far as Frankenfeld protecting players that's a complete joke. He is there for the league and to protect the owners in Albert Lea he said he would protect the players and each player was released. If you son is having problems do not trust going to Frankenfeld if he wants to continue to play in the league is past track record proves his morals. It seems like the only person who is protecting players rights is Stephen by exposing all the bad decision owners are making.


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* Article disclaimer: This site may contain advice, opinions and statements from various authors and information providers. Views expressed in this article reflect the personal opinion of the author, Stephen Heisler, and not necessarily the views of JuniorHockey.com. JuniorHockey.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other info provided in the article, or from any other member of this site.





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