The Post 22 baseball program is in disarray this afternoon, and the future of American Legion baseball in Rapid City hangs in the balance.

A power struggle over the future of the program has broken out between representatives of Rapid City-based American Legion Post 22, which sponsors the baseball program, and Baseball Parents, Inc., which governs the program, hires and fires coaches, leases Fitzgerald Stadium, and owns the assets of the baseball program.

The drama began to unfold last Friday night, Aug. 19, when Ken Orrock, Judge Advocate (general counsel) of the South Dakota American Legion, appeared, unannounced, at a meeting of the Board of Directors of Baseball Parents, Inc.. The meeting had been convened to discuss the renewal of Dave Ploof’s contract as head baseball coach, and to consider alternative proposals that he might retire.

Board member Jeff Stone told IDS that Orrock’s appearance “was a surprise to everyone, except John Wheeler (the representative of American Legion on the Baseball Parents, Inc. Board of Directors).”

Orrock distributed a memorandum, which stated, “American Legion Post 22 is very concerned with the direction it perceives the Board of Directors is taking the program.” The memorandum went on to demand changes in the By-laws of Baseball Parents, Inc. that would increase the representation of Post 22 American Legion on the board of directors, and create a new committee to select the head coach of the baseball program.

The memorandum stated: “The Board will appoint a committee no later than October 1, 2011, consisting of the American Legion Post 22 Athletic Officer, the Director of Baseball Operations, and President of the Board, or their designee, to select the new program head coach.”

Other demands were that employees of Baseball Parents, Inc. submit to background checks by an unspecified agency, and improve its accounting and corporate booking keeping.

The memorandum concludes by stating, “The baseball program belongs to the Post.”

In the aftermath of Orrock’s appearance, discussion of Dave Ploof’s contract was tabled, and the meeting was adjourned. Three days later the board voted unanimously to accept Dave Ploof’s retirement and resignation from the board of directors on Oct. 31, but the question of how a new coach would be selected continues to be a source of conflict.

Orrock told IDS Wednesday afternoon that the purpose of his memorandum was to improve communications between the two organizations, and affirm the primary role of American Legion in the management of the Post 22 baseball program.

“All (American Legion) baseball programs belong to the individual post’s,” Orrock said. “They can’t exist without the direct sponsorship of a post. In the last six months or so, I think things may have slipped away a bit and we need to make sure that this program is fulfilling the expectations of the American Legion Post. We have a responsibility for oversight on all of our American Legion programs. We aren’t treating the baseball program any different than any of our other programs.”

Orrock said that in the past communication between Post 22 and Baseball Parents, Inc. were handled by Coach Ploof and the American Legion Athletic Officer, John Wheeler, a longtime Ploof supporter. Orrock went on to say that Post 22 had relied on Coach Ploof to conduct informal background checks of coaches and other employees, but that American Legion wanted to formalize the process after Ploof’s retirement.

“We want to make sure that the communication lines stay open, as we do with all of our American Legion programs,” said Orrock. “Like all of our programs we expect to be kept informed and have a seat at the table when decisions are being made. We have a responsibility to provide oversight for those programs. We weren’t being informed about what was going on.”

Brian Chleborad, the president of Baseball Parents, Inc. told IDS that the board had no problem, in principle, with several of the demands made by Orrock, including the need to improve communication and keep all filings and financial audits up to date.

A point of conflict, however, has emerged over demands in the memorandum aimed at changing the corporate structure of Baseball Parents, Inc. and the creation of a committee controlled by American Legion to select the new coach.

Prior to Monday night’s meeting of the board, no position of “Director of Baseball Operations” existed at either American Legion Post 22 or Baseball Parents, Inc. Dave Ploof is described as the Director of Baseball Operations in a news release from Baseball Parents, Inc., but the title appears nowhere in the formal agreement signed between Dave Ploof and Baseball Parents, Inc. defining the terms of his retirement. According to several board members, the title was offered as a sign of respect to encourage Ploof’s continued participation in the program as an advisor to the board rather than to bestow specific new powers such as selection of the new coach.

While the American Legion memorandum does not specify that Ploof would be the Director of Baseball Operations, Ken Orrock told IDS on Wednesday that the committee to select the new coach would include Dave Ploof as Head of Baseball Operations, and John Wheeler, in his capacity as American Legion Athletic Director.

According to Orrock: “What we decided on is that there will be a committee that included the president of the board (Brian Chleborad), the Athletic Officer of the Post (John Wheeler), and the Coach Ploof as the Director of Baseball Operations. We’re looking at three people being on that committee and it seemed rational to us that those would be the people with most input. We want to make sure we don’t hire someone that doesn’t represent the best interest of the Legion.”

There are conflicting reports regarding who the third member of the committee would be. The memorandum proposes that the third member would be the president of Baseball Parents, Inc. But late Wednesday night IDSwas informed that the Commander of American Legion Post 22 might also be designated as the third member.

Thursday afternoon, Brian Chleborad told IDS: “The Board of Baseball Parents, Inc. hires all employees for the baseball program. Our corporate charter with the state and our By-laws clearly give us authority to do that. Coach Ploof’s contracts, and the contracts of all the other assistant coaches have always been with Baseball Parents, Inc., not with American Legion. Post 22 has no role in personnel decisions.”

IDS has reviewed the Articles of Incorporation of Baseball Parents, Inc. and its By- laws.

Baseball Parents, Inc. is a non-profit corporation, chartered by the Secretary of State. Dave Ploof, Marshall Tubbs, and Dale Smith created the corporation in 1973. The name of the organization was “Baseball Parents, Inc. Post 22″, but there is no other mention of Post 22 or a formal association with American Legion described in the Articles of Incorporation. None of the three founding members of the Board is described as representing American Legion Post 22.

“Article One” states: “The purpose for which this non-profit corporation is formed and the business and objects to be carried on and provided by it are as follows: (1) To maintain, operate, and control baseball clubs, conduct baseball games, athletic sports and exhibitions for the general public;…” (4) To enter into any kind of activity, and to perform and carry out contracts of any kind necessary or in connection with, or incidental to the accomplishment of any one or more of the charitable non-profit purposes of the corporation.”

“Article Ten” states: “The corporation shall not be subject to any superior body or bodies.”

The By-laws of Baseball Parents, Inc. define the membership as “…parents of each baseball player on the roster of Post 22…parents whose child has completed his baseball eligibility and participated in the Post 22 Baseball program through his last year of eligibility…All present and past coaches in the Post 22 baseball program.” Annual meetings of the membership select the Board of Directors.

The Athletic Director of Post 22 is given a seat on the Board of Directors of Baseball Parents, Inc.

The By-laws go on to explain: “…all of the officers and employees of the corporation shall at all times be under the direction of and subject to the control of the Board of Directors.”

During the last week, IDS made an effort to obtain a sponsorship charter between American Legion Post 22 and the baseball program. If such a document exists, it might help explain the formal relationship between the two organizations, and provide a legal basis for Post 22 control over Baseball Parents, Inc. No such charter could be found.

“I’ve been looking for it and there doesn’t seem to be one,” John Wheeler said. “American Legion Post 22 sponsors the baseball team and is directly responsible for overseeing the decisions of Baseball Parents, Incorporated. We want to make sure this transition is smooth and that we get a new head coach selected soon.”

Sources close to the baseball program have told IDS that the Board of Baseball Parents, Inc. expected problems to emerge in the wake of Ploof’s retirement as the organization struggles to reinvent itself and build new organizational structures after 47 years of Ploof’s stewardship. However, none of the people IDS spoke with in the last week expected the American Legion to assert control in the way that it has attempted to do.

“I think people from the Legion and Baseball Parents, Inc. need to talk.” Jeff Stone told IDS. “The Legion has only heard the views of one person (Wheeler). They don’t understand that we (Baseball Parents, Inc.) are not out to get anyone.”

Both sides have now sought legal counsel, and the process of selecting a new coach is in a state of suspension.

The power struggle could have long-term consequences for the program beyond the selection of a new coach.

While it is unclear whether American Legion’s new claims of authority have any legal standing, it is clear that Post 22 could revoke its sponsorship of the program at its own discretion. The baseball program is a prestigious part of Post 22’s community identity. But there is no legal requirement that they continue to sponsor a baseball program they do not wish to support.

Assistant Coach Rich Downs told IDS Thursday morning, “I can’t imagine that we would lose our sponsorship from Post 22. It’s been a great relationship for us and for American Legion. The whole community knows us as Post 22 baseball. Everywhere you go in the country people know about Post 22 baseball. It would be a tragedy if they withdrew their sponsorship. The reputation of the program is one of Dave Ploof’s legacies.”

Despite Downs’ perspective, there are examples around the country of local American Legion posts withdrawing their sponsorship of baseball teams, and other communities have pursued alternatives. Baseball Parents, Inc. could seek sponsorship from another American Legion post. Or, it could become an affiliate of a different national baseball organization such as Connie Mack or USSSA baseball, both of which are popular, growing organizations around the country.

Asked if the board of Baseball Parents, Inc. had ever discussed severing ties with Post 22, board member Jeff Stone said, “No. Absolutely not. Obviously, the baseball program has done a lot for American Legion. Everyone knows about Post 22 baseball. I think of it like it is free advertising for them. My family has four generations with Coach Ploof and the baseball program. It’s tough to make a change after 47 years, I don’t want to see anything that would jeopardize a smooth transition.”

Beyond the problem of who will select the new head coach, a second problem has been created by the controversy. The future use of Fitzgerald Stadium is now in doubt. The stadium is owned by the city of Rapid City as a public park. It is currently leased to Black Hills Sports, Inc. a secondary sponsor of the baseball program, and sub-leased to Baseball Parents, Inc. The primary city lease to Black Hills Sports, Inc. expires in just four months, on January 1, 2012.

The Post 22 baseball program has tightly controlled the use of Fitzgerald Stadium for decades, but in the light of recent events, the City could give a new lease to any organization that submits a formal proposal for its use. The City could also give the lease to a primary organization and require that it administer the stadium on behalf of multiple baseball programs.

Hardhats sprinting onto the diamond of Fitzgerald Stadium on a warm summer night are the crown jewels in Dave Ploof’s legacy. It is the future that is now in question.