A Commission of Inquiry into the Bermuda Football Association and the Bermuda Cricket Board of Control

December, 2011

CONFIDENTIAL

Introduction The Commission wishes to begin its report to the Minister by first expressing its sincere thanks for being allowed to participate in the actual Commission of Inquiry. The Commission also wishes to extend a very sincere thank you to the Permanent Secretary, team members at the Ministry of Youth, Families, Sports and Community Development as well as the Executive and Members of both the Bermuda Football Association (BFA) and the Bermuda Cricket Board (BCB) throughout the Inquiry. We have enjoyed the full cooperation of all parties mentioned and all discussions were had in a very forthright and collaborative fashion. The Commission also speaks to the complete lack of interference by any individual during the course of its many conversations. The background to the Inquiry is that on the 22 nd of September, 2011, the Hon. Glenn A. Blakeney, JP, MP, Minister of Youth, Families, Sports and Community & Development announced a Commission of Inquiry into the use of funds provided to the BFA and the BCB by way of special grants. The terms of reference set up the functions of the Inquiry as follows:
A)

The Commission shall conduct an independent inquiry to review the financial standing of the Bermuda Football Association and the Bermuda Cricket Board.

B) In particular, the Commission shall examine how the special grant funding allocated to the Bermuda Football Association and the Bermuda Cricket Board during the period 05/06 through until 2011-12 was used in respect of the continued development at all levels of the respective sports including but not limited to administration, youth development, infrastructure, coaching, equipment and security.

C)

The Commission shall examine the extent to which the Bermuda Football Association and the Bermuda Cricket Board have used grant fundings to address anti-social behaviors exhibited by athletes and spectators at sporting events sanctioned by each of the national sport governing bodies.

[1]

Following the announcement of the Commission of Inquiry, the Commission, consisting of William Madeiros, Donald Dane, Charles Marshall, Jeffrey Richardson, Clyde Best and Sean Tucker met as a team. Deputy Chairs were elected as Sheila Browne and Donald Dane. The Chair was designated by the Minister as William Madeiros. Subsequent to that meeting, further meetings were had at the Ministrys office at which time both the BFA and BCB Executive attended. All of the discussions were had in good faith without any form of sworn testimony being given. So as to guarantee complete confidentiality, the Commissioners agreed voluntarily to execute Confidentiality Agreements. From the very outset the Commission fully realized the importance of its sticking closely to the remit as established by the Minister. Sport in Bermuda is very important stuff. A number of very interesting points were raised, explored and discussed along the way, not all of which have to do with the remit but nonetheless will be touched upon during the course of this report.

[2]

Terms of Reference 1) The Commission shall conduct an independent inquiry to review the financial standing of the Bermuda Football Association and the Bermuda Cricket Board.

The Commission is pleased to confirm that both governing bodies are in good financial standing with up to date (unqualified) audits being made available for our perusal. In addition, both governing bodies are in good standing with the Charities Commission. The Commission can also report that there is a very clear and well established methodology for dispersal of the funds on a scheduled basis to the governing bodies. There is no evidence that the monies went to anyone other than the governing bodies. All evidence indicates that the monies were spent on the items as outlined by the governing bodies in their grant requests to the Bermuda Government. The overall level of financial administration for both governing bodies is commendable and, as a Commission, we could find no cause for negative comment. As an allied comment, both governing bodies made much of the very negative impact that the decrease in the Government grant was causing to their operations and continued lessening of the grants can only result in certain key functions and projects not taking place.

[3]

2) In particular, the Commission shall examine how the special grant funding allocated to the Bermuda Football Association and the Bermuda Cricket Board during the period 05-06 through to 2011-12 was used in respect of the continued development at all levels of the respective sports including and not limited to administration, youth development, infrastructure, coaching, equipment and security.

This area received a great deal of attention and was the subject of the most of our discussions. In the very first instance, both governing bodies made very detailed presentations to the Cabinet of the Bermuda Government which at the time set out exactly where exactly the monies, if received, would be used i.e. administration, youth development, etc. It is the Commissions view that the Government was wise to allocate the monies to the governing bodies by method of a drip feed process which required regular updates to the Ministry so as to ensure that the governing bodies had adhered to the correct areas for the dispersion of funds. The Commission can report that there is no evidence that either governing body strayed in any significant way from the undertakings given in support of their grants. Certain topics, as you can imagine, do have an element of overlap, infrastructure for example along with security, however at all times the monies are evidenced to have been used in the areas that they should have been. The subject of the local sporting/social clubs received much discussion under this topic and whilst we are very minded of our remit the Commission does feel the need under any other topics to address the clubs and their specific role in the provision of sport in Bermuda.

[4]

3)

The Commission shall examine the extent to which the Bermuda Football Association and the Bermuda Cricket Board have used grant funding to address anti-social behavior exhibited by athletes and spectators at sporting events sanctioned by each of the national sports governing bodies.

Both governing bodies spoke at some length about the challenges that they are facing with the underlying lawlessness that continues to affect Bermudian society. Sadly, that lawlessness is often exhibited and manifests itself as antisocial behavior both on and off the sports grounds. The Commission feels that both governing bodies as far as they can have endeavored to create a safe environment at the various venues under their sanction. This has been done through the implementation of drug testing, enhanced grounds security and the use of security forces. Both governing bodies however spoke strongly to their inability to address the root of anti-social behavior which often starts outside of the sports grounds. In those instances, where players act in an unsportsmanlike manner at a sanctioned event, the governing bodies made it quite clear that as far as their power extends, they have and will continue to discipline players as severely and appropriately as possible. Having said all of this, both governing bodies agreed that participating in sport at any level helps to create a better individual and they both believe that funding for the two national sports will ultimately deliver a better citizen as opposed to not having them participate in organized sports.

[5]

Any Other Topics The Commission, given its very strict timeline, went to great pains to ensure that it first and foremost acted within its remit and provided to the Minister as short and concise a result as possible. However, it is fair to say that sport is a topic that receives much discussion in Bermuda and, as such, a number of interesting points did come up which the Commission wishes to bring to the Ministers attention, which whilst are not part of its remit, nonetheless give food for thought. These items are not listed in any order of significance.
1.

Local Clubs - Both governing bodies feel very strongly that they do the best that they possibly can to act as good administrators for the sports over which they have responsibility in Bermuda. At the same time however, it is the very strong opinion of those people involved in discussions that certain of Bermudas social clubs are not delivering the goods at the end of the day. Much was made of the unpleasant environment which is not conducive at certain clubs to either having younger people (or we dare say ladies) attend. This is an unfortunate circumstance and is one which will continue to hamper the proper development of sport in Bermuda. The Commission is minded to ask the question as to whether any of the clubs are required to have audited financials in the way the governing bodies have them?

2.

Public Relations The Commission feels very strongly that both governing bodies need to work harder at their own public relations. The Commission believes that the Bermudian public is well served by both governing bodies. At the same time however, the age old adage is that its not good enough to do what you got to be doing, you got to be seen to be doing it and, as such, the reliance on traditional media and reporting in Bermuda simply does not work anymore. Case in point, had the governing bodies been far better at their public relations efforts, the Commission believes that at some stage when the Government grants were no longer available, those grants, in fact should have been made up by corporate sponsorship assistance. This could only come about as a result of people being aware of the good works that are being done by the governing bodies.

[6]

3.

Independence of the Governing Body Executive The Commission realized very early in its discussions with the governing bodies that the very same clubs that the governing bodies have to control are the very same clubs that elect the governing bodies. Whilst there is absolutely no suggestion or evidence of coercion, it is the Commissions opinion that there must be a better way of divorcing the management of the Executive from its constituents, which are the social clubs. This is clearly a difficult thing to do. Those people that are the Executive must first and foremost have a great love for the sport that they are administering. That usually, in Bermuda, means that they are a member of one or even more of the local clubs. Some thought needs to be given to creating an Executive that whilst loves the sport is suitably divorced from the social clubs so as to be able to render true genuine and impartial leadership.

[7]

In Summary
1)

Both governing bodies cooperated fully with the Commission. Both governing bodies wished to express their thanks to the Bermuda Government and the people of Bermuda for the very kind and generous grants that were afforded to them.

2) Both governing bodies are in good financial standing with good systems, processes and unqualified audits in hand. Both governing bodies are currently challenged by the Governments change or diminution in the grants status. 3) There is no evidence that the governing bodies did not use the grant amounts set out in the specific categories as explained to the Bermudian Government.

4) The governing bodies have invested much time and effort (and money) in dealing with anti-social behavior on the field. Drug testing, physical searches, disciplinary action against playersetc. Neither governing body feels that it is within their remit to deal with anti-social behavior in the larger arena outside of the sports grounds.

The Commission again wishes to express its thanks to the Minister for allowing it to serve.

Yours sincerely,

William C. Madeiros, MVO, ED, ACII

[8]