RRCA 2003 Invoice
Information and Questions You May
Want to Ask
Before Paying Club Dues
INFORMATION ABOUT THE INSURANCE FEE
The
2003 invoice includes billing insurance for the additional club dependent
members. Clubs should know that the RRCA pays a fixed fee to the insurance
provider that continues under a three-year contract. It is our understanding
from one of the former staff members who handled insurance, that the $1.58 per
member was calculated based on the existing
number of RRCA club members, plus an RRCA administrative fee, and an amount for
insurance reserves. A question you may want to ask; is the income from billing
additional members going to be put into the insurance reserve and if so why is
that needed this year? Will this additional insurance income be used for any
purpose other than insurance? We can't find that information in the invoice.
WHAT IF YOUR MEMBERSHIP INCREASES DURING THE YEAR
In
the past the RRCA Invoice has included the following information:
"There are no additional
charges/refunds for fluctuations in membership numbers during the course of a
calendar year."
That
message DOES NOT appear on the 2003 Invoice. Considering what this current RRCA
administration has been doing, we have concerns that they may bill clubs for
additional members when they update their membership database with the RRCA if
it includes more members than the previous database update, or for that matter,
any membership number on any form a club may submit for whatever the purpose.
WHAT THE RRCA BYLAWS SAY ABOUT DUES
You
should know what the RRCA bylaws state about local road runner club dues:
"ARTICLE V - DUES"
"A.
The amount of annual dues for local road runner clubs shall be determined by
the RRCA membership. The number of members as of September 30 shall be the
total on which annual dues for the following calendar year for local road
runner clubs shall be determined."
A COMPARISON OF THE 2002 INVOICE TO THE 2003 INVOICE
The
2002 RRCA Invoice sent to local road
runner clubs included the following:
Note
that this is the last billing policy approved by a vote of the clubs.
We
provide this information as a comparison to the 2003 invoice which follows.
A
one and a half page cover letter of explanation.
2002 RRCA Fee Information Sheet
2002 RRCA Club Invoice (form to be
filled out and returned)
2002 RRCA Insurance Information
Sheet (form to be filled out and returned)
Liability Insurance Flyer
Return Envelope
The
following information was included on the 2002 RRCA Fee Information Sheet:
"Dues
must be paid annually. For calculating
dues and insurance rates, a "member" can be defined as a
"household." Clubs joining the RRCA must submit a current roster
of their membership. Dues and insurance
fees for renewal of membership are based on the number of members reported to
the RRCA in the fall of each calendar year. If no updated number is
reported, fees will be calculated based on the last number received. There are no additional charges/refunds for
fluctuations in membership numbers during the course of a calendar year."
(emphasis ours)
The
2003 RRCA Invoice sent to our club
included only the following items:
2003 Club Membership Invoice (form
to be filled out and returned)
2003 Insurance Information (requires
signature for statements and waiver)
2003 Club Event Information on
backside (form to be filled out and returned)
That's
it, not even a return envelope. Seems things are missing considering what was
sent in past years. Is this what all clubs received?
The
following information was included on the 2003 Club Membership Invoice:
"NOTE:
Your 2003 membership dues and insurance coverage were calculated based upon
information you provided to the RRCA. At
the October 2002 meeting, the RRCA Board of Directors, under advisement of the
RRCA legal counsel, unanimously agreed that for billing purposes a
"member" is defined as an "individual person" as opposed to
a "household". (emphasis ours)
Clubs
did not vote and approve the above 2003 billing policy, in fact clubs knew
nothing about this billing policy until the invoice was received in the mail.
As noted in the bylaws, dues are determined by a vote of the clubs. The bylaws
do not give the Board authority to determine dues.
FACTS ABOUT THE 2003 INVOICE
In
the above 2003 invoice information:
There
is no statement concerning "no
additional charges/refunds".
Membership
has always been based on number of members reported in the database provided by
the club. This year it was based on "information
you provided". For many clubs that number did not come from the
membership database provided by the clubs.
There
is no statement relative to the billing date used when the number of members
were reported. The bylaws state "September
30". Our club was billed based on a number from a club information
form requested by the RRCA in June 2002 that had nothing to do with a
membership database.
As
for the definition of "members",
it is not defined in the bylaws, but the bylaws imply that determination is
left to the clubs submitting their membership. There are a number of letters
posted on the RRCA Information Webpage relating to this issue: http://www.huntsvilletrackclub.org/RRCAForum/info.html
In
the above 2003 statement the words "under
advisement of the RRCA legal counsel" are included. Thus it would
appear that the legal counsel advised the Board to interpret
"members" as being "all members" and not
"household" members (which has a 27+ year precedence). There was no
research of the opinion. There was no written opinion. The opinion was an
on-the-spot non-committal answer (lawyer talk) that the Board interpreted as
they desired to support a decision, that according to a participant of that
meeting, they had decided to do it before they asked.
Note
that on the RRCA Invoice to clubs the following appears:
"Total Amount
Due by December 31,
2002: (Non-refundable)"
Take
note of the "Non-refundable" in small print. It was there last year
and before that, so it wasn't unexpected to be there this year. The problem is;
the 2002 budget approved by the RRCA Board at their January Meeting showed
income exceeding expenses by approximately $25,000. Yet, long before the end of
the year they were claiming financial problems and asking clubs to donate $1
per club member. There was no revised budget given, no reason why there was
suddenly a financial problem, and no recovery plan to show how this problem
would be avoided in the future. Put straight and simple it was a letter begging
for donations without obligations. There was also a call for a number of the
larger clubs to pay dues early to help relieve the financial crisis. Did the
RRCA not attempt to borrow money? Was that due to oversight or a credit rating
problem? Was the RRCA already in debt and know they could not repay a loan?
With no answer to these questions it seems risky to pay a full year of dues and
insurance.
SOME INTERESTING FACTS ABOUT DUES
Did
you know that in 1999 clubs paid dues of $1.00 per household member?
The
information is from the Summer, 1999, RRCA Footnotes, page 36, under the title
"RRCA Business Meeting Minutes, Spokane, WA, May 1, 1999." The following
are from the "Treasurer's Report". Clubs approved a $0.25 per member
dues increase, with a minimum of $75 per club and a maximum of $10,000 per
club.
"Hollister
then discussed the RRCA Board's proposed dues increase. He noted that the last
time the RRCA raised dues for members was seven years ago in 1992. (operating
cost increase reasons not included here) Hollister noted that the RRCA Board
met prior to the convention to discuss recent financial projections for the
next couple of years and decided to reduce the original proposed dues increase
that was communicated by mail to clubs earlier in the year. The dues increase
that would be voted on during this business meeting would be a one time
$.25/member increase in the year 2000, a minimum charge for of $75 for all
clubs, and a cap on dues of $10,000 per club." (first part of this next
paragraph unrelated to dues issue and not included) "After the Treasurer's
report, President Kardong asked for a motion to accept the proposed dues
increase. The motion was duly seconded and approved unanimously." (end of
Treasurer's repot).
Note
that dues at the time of the convention were $1.00. Thus the dues were raised
to $1.25 beginning in 2000. This was the first dues increase since 1992.
There
was no dues information in the 2000 Convention Business Meeting Minutes
published in Footnotes, thus no dues change voted by member clubs. Yet a fourth
payment item appeared on the 2001 Invoice titled "Membership Fee".
This was in addition to "Dues", "Liability Insurance", and
"Directors and Officers Insurance."
The
2001 Convention Business Meeting Minutes in Footnotes covered the switch of the
$1.02 of something created the year before, called "Membership Fee",
to $1.00 increased dues. The $0.02 was evidently dropped. The $1.02 Membership
Fee had been over charged insurance (see next paragraph), because in the 2001
invoice, insurance was $1.58. Interestingly, in 2000 (the year before) the
insurance fee was $2.60 for clubs our size (the typical size for most club
invoices). Seems when you add $1.02, to $1.58 you get $2.60. Clubs bought into
this because it did not increase the total amount paid, actually it decreased
by $0.02 per member.
Explanation
for the above was published in the Summer 2001, RRCA Footnotes, page 20, under
the title "RRCA Annual Business Meeting Minutes, Albuquerque, NM, May 5,
2001."
"Fort discussed the 2001 membership fee, explaining that it was caused by an independent audit of our 1999 financial statements, which indicated that the difference between insurance fees charged to the clubs, and the premiums paid to our insurance carrier, should have been classified as unrelated business income. This classification (as business income) would result in Federal Income Taxes due on this difference. According to Fort, the RRCA has requested that the IRS allow the RRCA to reclassify this difference as a membership fee for 1999, and thus not taxable. If the RRCA is successful, we will request that all open tax-year returns also be so modified. The membership fee, $1.02 per member for 2001, was put in place to avoid a potential tax liability for this year."
What
the above shows, but does not state, is that clubs were being overcharged $1.02
for insurance. Instead of those funds being put into the insurance reserve,
which would not be taxable, they were evidently being used for business
expenses. Since the $1.02 was not being used for insurance and was not dues, it
comes under business income, which is taxable. So that it would not be taxable,
it was first made to appear as dues (membership fee - 2001) but not called
dues, and then voted by the membership to be included in the dues for 2002.
The
2001 vote increased the dues from $1.25 to $2.25 for the 2002 invoice that
billed for household memberships. That
was a fee of $3.83 paid to the RRCA for dues and liability insurance for each
household membership.
The
2003 invoice sent to our club would require our club to pay $6.64 to the RRCA
for each of the 701 household memberships we submitted 5 days prior to the
September 30 date of record for number members as stated in the bylaws.