WAC Corporate Resolution Shows Language About BYU Being Part Of The League
by Jeremy Mauss on Aug 24, 2010 5:09 PM PDT
in Conference Expansion
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PrintThe Salt Lake Tribune was able to obtain a copy of the WAC corporate resolution which included language regarding BYU as part of their league.
It shows BYU would be a short term member of the WAC since their deal would be a five year deal through 2016, and that the Cougars would not pay an exit penalty if they were to leave the WAC for a BCS league. This makes sense because BYU wants to get into a BCS league so why lock themselves in a long term deal and with a pricey buy out for bolting. Eventually the Big XII will get back to twelve teams and BYU is the logical fit, but finding the other team that can bring extra money to the table (sorry TCU and Houston) will be what the Big XII needs. Arkansas makes the most sense since they were in the old SWC, but these are conversations for another day.
Again this is some pretty good evidence that BYU was expected to move the WAC in all sports minus football, just look at the date of the conference call: 11 a.m. mountain standard time August 13, 2010. Now onto the corporate resolution.
Western Athletic Conference (WAC) Corporate Resolution
Whereas, the Western Athletic Conference is a corporate entity formed for the purposes of establishing and organizing athletic competitions among its members which include the following universities: Boise State, Fresno State, Hawaii, Idaho, Louisiana Tech, New Mexico State, San Jose State, and Utah State; and,
Whereas, Boise State has given notice of its withdrawal from the conference in accordance with Article II, Section 7 of the bylaws and consequently has forfeited its right to be present at meetings of the Board of Directors when matters relating to prospective new member institutions, or to institutions that have accepted invitations to join the conference, are being discussed pursuant to Article III, Section 5, and;
Whereas, the members of the WAC wish to enter into an agreement with Brigham Young University (BYU); and,
Whereas, BYU and the WAC have been pursuing negotiations for the specific terms and conditions under which BYU will enter into a contract with the WAC; and,
Whereas, in order for BYU to proceed with termination of its current affiliation with the Mountain West Conference it needs certain minimum assurances from the WAC; and,
Whereas, the WAC wishes to take steps to make such minimum assurances to BYU so that a contract with BYU may be completed:
It is therefore resolved as follows:
1. The current bylaws and rules and regulations of the WAC shall remain in full force and effect. To the extent this resolution is in conflict with the current bylaws and/or rules and regulations, this resolution will prevail.
2. The members of the WAC who have attended this telephonic conference conducted at 11 a.m. mountain standard time August 13, 2010 hereby waive notice of the meeting and acknowledge that the actions taken at this meeting are fully binding and effective on all members of the WAC.
3. The terms of this resolution shall become effective immediately. It is understood that the agreement regarding athletic seasons contemplated with BYU will extend through the time frame July 1, 2011 through June 30, 2016 or as extended, or if terminated in accordance with paragraphs 4 and 5 herein.
Did you get all that? A bunch of lawyer talk in there, but this does clear up how deep the plan for BYU joining the WAC was.
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You know, with all of this detail about BYU and the WAC's plans,
including the buyout and everything else we know, I really am getting curious why Fresno and Nevada left the WAC. They had to know that a BYU departure could very well send TCU to CUSA and Boise back to the WAC (no penalty and no questions asked). Instead, they chose to saddle up with the MWC and their TV network.
But the choice in front of them was of two possible conference affiliations that were reasonable, and one of those options didn’t involve a $5mil payout.
I’d like to know what other considerations went into their decision.
Good question.
It’s said that Boise had a vote on their admittance… maybe they helped talk them into it. Or maybe they saw the writing on the wall, were sick of Bensen’s bungling and don’t forget that, even with its shitty tv contract, the MWC still pays more tv revenue than the WAC. Perhaps they believe in the MWC’s chances of becoming an AQ conference.
But mostly I think it had to do with not having to travel to Hawaii and Louisiana anymore. Both schools specifically mentioned reducing travel costs as prime benefits in their press conferences, IIRC.
by FeloniousMonk on Aug 24, 2010 7:38 PM PDT reply actions
See, I'm thinking you're right.
But I wanted to check opinions first.
by David Hooper on Aug 24, 2010 7:42 PM PDT up reply actions
Paragraphs 5 & 6
What’s interesting to me about paragraph 6 is that it states that if “any current WAC member, (except Louisiana Tech or Boise State), or BYU leaves the WAC in accordance with the provisions of paragraph 5 herein, the terms of this resolution are terminated.” Paragraph 5 is the paragraph regarding the $5 million penalty to be paid “within 60 days from demand from the WAC.”
If neither Nevada (assuming, arguendo, that the agreement is binding upon it) nor Fresno St. pay the penalty within 60 days from the demand (which presumably has already been made), does that mean that the penalty clause is still in effect because neither left “in accordance with the provisions of paragraph 5”?
If one payment of $5 million was made on behalf of either Nevada or Fresno St. within 60 days, then it would appear that the penalty would not be enforceable upon the other. Maybe that’s what Fresno St. meant when it said that it would be paying no more than $2.5 million. Fresno St., Nevada and the MWC each chip in to make one $5 million payment on behalf of either Fresno St. or Nevada within the next 60 days, and the dispute is ended – is that how this will be resolved ?
We want to build a university our football team can be proud of. -- Dr. George Lynn Cross
See, I'm thinking it's the latter of your two thoughts.
If neither pay, then the WAC can seek arbitration / court remedy for breach of contract. But Fresno was technically first to leave, so they could make a Fresno payment and then Nevada should be in the clear. This is especially true since Nevada never signed the thing.
Ethical? That’s an entirely different question.
by David Hooper on Aug 24, 2010 7:41 PM PDT up reply actions
One thing: Just because Nevada didn't sign doesn't mean it isn't enforceable against them
An admission usually beats a Statute of Frauds defense (assuming S/F might apply since it would appear that the contract could take longer than 1 year to perform). Does Nevada want WAC lawyers to be reviewing emails and internal memos looking for some document that could be deemed an admission that Nevada agreed to the deal? Maybe, maybe not.
We want to build a university our football team can be proud of. -- Dr. George Lynn Cross
Not the point
I think they are saying that only the first team to leave pays the $5 million penalty. After that the penalty is terminated. The second team to leave doesn’t pay anything, even if they are guilty.
At least that is what I was thinking when I read the contract paragraph 6.
6. In the event that any current WAC member, (except Louisiana Tech or Boise State), or BYU leaves the WAC in accordance with the provisions of paragraph 5 herein, the terms of this resolution are terminated.
It's contracts. Nobody is guilty. Nobody is innocent. You just pay money or you don't.
If you don’t pay the penalty within 60 days of a demand, how have you left within accordance with the provisions of paragraph 5? You’ve just left. Not the same thing.
We want to build a university our football team can be proud of. -- Dr. George Lynn Cross
Based on the contract
I think that only the first team to leave is liable for the $5 million. Once the first team leaves the contract is terminated as stated by paragraph 6 above.
The second team won’t have to pay anything under this. I don’t know who left first out of Fresno and Nevada. But if anyone pays the WAC it will be the first team that left.
Either way, I can't imagine that Nevada would mind.
Let the lawyers have their day. Even if there was a verbal agreement that they would sign the thing, that’s nothing that Nevada hasn’t already admitted. I highly doubt there’s anything new (and embarrassing to Nevada) to be found in emails.
Hypothetically, the best case would be indication that Nevada was waiting for BYU before signing.
by David Hooper on Aug 25, 2010 5:24 AM PDT up reply actions
Not to mention that Nevada emails are public property anyway.
And can be requested with a proper FOIA request.
Everyone hates a pink-shirt-wearing communist.
by displacedute on Aug 25, 2010 8:46 AM PDT up reply actions
Jeremy,
a MWC Nation turns its lonely eyes to you…
by David Hooper on Aug 25, 2010 9:36 AM PDT via mobile up reply actions
haha
Mountain West Connection The best site for MWC sports!
by Jeremy Mauss on Aug 25, 2010 10:03 AM PDT up reply actions
Well, if they've admitted that they agreed, then all the interwebs talk of S/F defense is irrelevant
Nevada would have to find another defense against enforcement of the contract.
We want to build a university our football team can be proud of. -- Dr. George Lynn Cross
If they have to pay at all
What if BYU never joins the WAC? To me, paragraph 4 states the penalty will never go into effect.
4. The WAC and its members and BYU, agree that all current members of the WAC (except Louisiana Tech and Boise State, which has already given notice of its withdrawal) will not join any other conference or athletic conference from the date of adoption of this resolution through June 30, 2016, contingent upon BYU agreeing that it will not join any other conference or athletic conference from the date of entering a contract with the WAC through June 30, 2016.
That could be a hiccup for the WAC.
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UNLV is going all the way this year!
Hiccup, hell!
That’s the death of the WAC is what that is. I think. Maybe. Man, I hate legalese.
by FeloniousMonk on Aug 24, 2010 10:45 PM PDT reply actions
boom
When will the WAC try to fix itself? Maybe the Fresno and Nevada lawyers will tie it up long enough that there won’t be any WAC to pay. Also, you guys are right, it sounds like there is no real contract unless BYU actually joined the league. Who knows.
Questionable
I don’t think the Big XII going back to 12 teams is a given. I almost think we’re more likely to see the proposed ‘super-conferences’ become a reality before the Big XII expands again. The only way I see an alternative history happening is if the MWC and Big East both make it to 12 and the Big XII looks like the odd duck out.
Texas and OU are both pretty dead-set against conference title games, and rather like not having to share revenue like other conferences do. I also don’t see Arkansas leaving the SEC, as much as I think that’d be exciting.
I agree with all of this
I would add, I think the “super-conference” idea died this summer. However, if UT eventually goes Indy, then I can see the Big 12 adding a team to replace them. A&M would like to join the SEC, some speculate that if UT left, A&M would go to the SEC. Oklahoma isn’t going to the SEC nor is Missouri or Kansas going anywhere. There would still be a Big 12 (hell if the WAC lives on after this gutting..so will the Big 12 with the loss of Texas)
If A&M and UT leave than I think the Big IIX replaces 2. TCU and BYU would be the first 2 calls in that scenario (not sure in what order)
Those are a string of big “if’s”
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