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Nice! The website is on the fritz again! I tried it in several browsers.Quote:
http://www.garlandsoccer.com/images/top.jpg Welcome to the GSA website
Error opening the database!http://www.garlandsoccer.com/images/exit_small.gif
Your session may have timed out.
http://www.realscam.com/f14/heather-...885/#post83070
Coaches have been demanding an explanation as to why David Arciniega, the president of Garland Soccer, has not been removed or scheduled for a hearing regarding his activities that are clearly adverse to the best interest of soccer.
US Youth Soccer needs to follow its by-laws and step in and help this local association under its jurisdiction that is obviously in crisis!
Board of Directors | US Youth Soccer
http://assets.ngin.com/attachments/d...titive_F15.pdf
Many U11 and up Garland teams are now playing select in Plano. For those needing guidance that link is very informative.
President Monthly Report by David Arciniega
This month [ 5/2014 ] Accomplishments
1 Signed tournament guest player releases
Signed Referee checks2 Chaired a North Texas State Soccer Association Appeal Hearing
As part of the NTSSA Risk Mitigation Committee, created a draft document to be reviewed by the NTSSA Board
Serving on the State Cup CommitteeMiscellaneous
Plans
Offline Comments (not for the minutes)
For future months: Plans
There are more complaints that the U6 director is dropping the ball. There are 207 teams of which she controls 68. She has 33% of the league which will prove disastrous if these coaches do not have a good experience. The association will continue to shrink and may well implode. So, Don Starkey (who made the motion to reduce the number of director positions), David Arciniega (who never dirties his own hands) and the rubber stampers who brought her in and spoke up for her at the election in their bid to get rid of me can pat themselves on the back. I am gone and Garland Soccer is a complete mess!
The majority of the board wouldn't demand Arciniega properly document things, so now they will be spending lots of time documenting the activities of this charity for the court! So, in the end everything will be public as it should have been! I don't think all the directors will be joining the U6 party animal when this is all over!
Attachment 10272 :pt:
Kindly read from the bottom up. Note that Kim Verity, the dishonest David Arciniega stooge produced nothing. They routinely lynch coaches in A & D hearings giving them nothing before they come in and discourage them from exercising their right to appeal. Kim Verity's BS responses are in read. She was the Vice President and keeper of the rules and by-laws and should never have gone forward with these phony abusive charges. This was no discussion of procedures and protocal and no changes were made to those after this lynching. It was formal charges though Arciniega tried to back track and claim he never filed charges. The board wasted a meeting on a coach and his child being placed together, yet certain board members (Arciniega stooges) against the by-laws refused to participate in a meeting called (correctly under the by-laws by 2 directors) to get proper documentation on the missing money and problems with Jevin. Totally unethical!!!Quote:
From: Kim Verity [mailto:veritygsa@gmail.com]
Sent: Wednesday, March 20, 2013 10:13 PM
To: Soapboxmom
Subject: Re: Materials Requested to Prepare Defense
Heather,
I have responded to your requests below. I would like to point out that the intent of this hearing is to discuss if proper procedures, according to our rules, were followed. If we, as a board, find that they were not, we want to determine what our next step would be in relation to the placement of this coach and his son. This is a closed hearing among board members.
We will continue to meet as a board tomorrow evening to discuss this issue as there are others involved. If you do not wish to be in attendance, we can look to reschedule your portion. However, I do hope that you will be in attendance.
Regards,
Kim
On Tue, Mar 19, 2013 at 5:22 PM, Soapboxmom <soapboxmom@hotmail.com> wrote:
Dear Kim (VP of Garland Soccer Association),
Sadly, the board is not focused on orienting and training new directors.
Heather - This should be addressed among the board members during our monthly meeting as I personally believe it could be beneficial.
This is an adversary proceeding and must be treated as such. Everything must be done in writing. I must demand this hearing be postponed until such time all required documentation for my defense has been properly produced and adequate time has been allowed for me to review said information.
Please gather and make available for copying and inspection the following:
1. All documents that reflect coaches being assigned to existing teams as the result of a GSA board vote.
Did this play a role in the decision to appoint Dan Medina as coach?
2. All documents that reflect a coach being assigned to an existing team without being voted in by the GSA board.
Did this play a role in the decision to appoint Dan Medina as coach? Coaches are assigned to teams every season (when in compliance with our rules) that do not need board approval. We often ask that the age group directors solicit parents, whose children are already currently on the team roster, to step up and coach if there is a need.
3. All documents that reflect a coach serving two seasons as an outdoor coach before their child was assigned to their team.
None exist.
4. All documents reflecting recruiting procedures for coaches and players used in the last 5 years.
Please refer to the GSA Rules - the procedure in question has not been modified in the last 5 years.
5. All documents reflecting the new board orientation procedures.
None exist.
6. All documents reflecting training for new board members.
None exist.
7. All documents reflecting discussions with or about the recruiting and assignment of Dan Medina and his son including, but not limited to e-mails by any board member or office staff.
Other than the email I previously provided to you, I know of no other documents.
8. All documents reflecting past board members being brought up on charges for anything related to policies and procedures.
Board hearings are considered closed hearings.
9. All documents that reflect the complainant made every effort to resolve this in a friendly manner.
The complainant is asking the Board to help in making a decision.
10. A list of the witnesses that will be called against me.
Only Board members will be present. David will present his information (previously provided to you). There will be noone called against you - we will be meeting as a board. This is not a trial - it is a closed hearing to discuss rules and procedures.
11. All documents reflecting the names of the current A & D committee members and their date of appointment.
A Board member asked that a hearing be held. This did not call for review by any other committee. It is a hearing among Board members only.
12. All documents from the last five years that reflect how the player pool works and is implemented.
Please refer to the GSA Rules. The procedure in question has not been modified in the last 5 years.
13. The report David Arciniega sent to NTSSA on February 24th concerning team formation practices.
Please feel free to contact David. There are no documents available to my knowledge that pertain to Dan Medina.
14. Please produce all Frequently Asked Questions pages from the www.garlandsoccer.com website for the past five years.
The FAQ's that are listed online is what has been available for the last 5 years.
Please advise as to the reschedule date for this hearing.
Thanks,
Heather Dobrott
U6 Girls Director
972 496-3649
From: Kim Verity [mailto:veritygsa@gmail.com]
Sent: Tuesday, March 19, 2013 3:31 PM
To: Soapboxmom
Subject: Re: Materials Requested to Prepare Defense
Heather,
You will be among board members Thursday and can discuss this further on Thursday. Requesting this amount of paperwork in such a small time frame could be deemed as unreasonable.
Just fyi, charges were presented to me not filed by me. As VP, it is my responsibility to organize and chair the hearing so that you can be present to discuss/defend the allegations.
Because this is a hearing among board members, the next level of appeal would be North Texas. I only wanted to inform you that Billy and/or David C. would not be allowed to participate in an appeal should it be warranted because they now know more of the issue at hand, therefore creating a bias. You would want unbias members present at an appeal hearing should the need for one arise. Usually when there is a hearing, you would want to limit the amount of people in the know as a means of protection on your behalf.
I'll be glad to discuss this further with you this evening after 8. I can be reached at 214-. I may have time between 5-6 if you'd like to call then. If I do not answer, I can be reached after 8.
Kim
On Tue, Mar 19, 2013 at 2:46 PM, Soapboxmom <soapboxmom@hotmail.com> wrote:
Dear Kim,
The rule you cited states:
If a person becomes the head coach of a new team formed by GSAI in the current season, the coach may request their child be rostered to the new team he/she is coaching. In order for any person to request their child be transferred to a returning team they are coaching, they must have been the head coach of record for the previous two outdoor playing seasons, or asked to be the head coach of the returning team by a majority vote of the GSAI Board of Directors.
Board meeting minutes would reflect the coaches assigned to existing teams that were asked to coach with a majority vote of the GSA board. As a part of my defense I have a right to accurate information regarding this.
North Texas is aware of this matter as I already sent e-mails concerning this before you filed charges against me.
Thanks,
Heather Dobrott
U6 Girls Director
972 496-3649
From: Kim Verity [mailto:veritygsa@gmail.com]
Sent: Tuesday, March 19, 2013 2:26 PM
To: Soapboxmom
Cc: office@garlandsoccer.com; darciniega@verizon.net; David Crawford; Billy Babcock
Subject: Re: Materials Requested to Prepare Defense
Heather,
The matter that will be addressed during Thursday's hearing will be limited only to the items listed in the A & D hearing notice you received dated March 11, 2013, which do not include Joe G. You have been provided copies of the material that will be discussed. We will only discuss activities that took place regarding the decision to appoint and place Dan Medina as a head coach on an existing team and allowing his son to be placed on the same team.
This matter has not been discussed in previous board meetings, thus no record of such will be found in previous minutes. If you would like to request this information at a later time, there would need to be more time allowed to collect and copy five years of board meeting minutes than what you are requesting happen in an eight hour window (two days of office hours 10:00 a.m. - 2:00 p.m.). The cost per page copied would also need to be determined due to the magnitude of the request.
North Texas has not been contacted and is not involved in this matter. It would be best to not include members of North Texas should there be an appeal.
Regards,
Kim
On Tue, Mar 19, 2013 at 1:11 PM, Soapboxmom <soapboxmom@hotmail.com> wrote:
Dear Paula,
In order to prepare my defense for Thursday’s Hearing I will need a copy of the report related to the Joe Garcia matter that David Arciniega prepared and sent to NTSSA. I will also need copies of the board meeting minutes for the past five years.
Thank you for your kind help.
Sincerely,
Heather Dobrott
U6 Girls Director
972 496-3649
A month into the season the board had no business discussing the placement of any player unless there was reason to believe the parents turned in a false birth certificate and the child was older than the other kids in that age group. David Arciniega is so totally unethical that he never informed the parents (the coach) that his son could be kicked off of the team. They had a right to participate in this dishonest farce David Arciniega put into motion. The mother came to protect her son and to testify on my behalf in at that trial as I invited her. I was the former coach and manager of the team her husband generously agreed to take over as coach for me so I could take care of my ill son. None of the parents were willing to coach the team (see number 2.) Kim Verity should have known it was very difficult to get coaches, especially for older teams and we were so lucky to get an experienced and talented coach to come in and take this team.
As to number 1 there should be clear documentation of the board voting in coaches in order to get their child placed on their own team. Regarding number 3, no one would coach for a year with their child having to play on an opposing team. The rules are outdated and never honored, but do say that "the formation of teams and the solicitation of coaches and new players is the responsibility of GSAI Officers and Directors." So how can the U6 director and former head coach of the team (me) or even the U12 director(the age group in question) be brought up on charges for something the rules allow them to do? And, most other associations automatically place a child of the correct age with their coach parent with no questions asked.
David Arciniega gives new directors no help unless it suits his purpose and there is nothing in writing to help new directors available. And, who is surprised that no other directors were brought up on charges for a child being placed with their parent coach??? North Texas rules state that issues are to be resolved in a friendly manner before charges are filed if possible. David filed these phony charges simply to harass and intimidate us hoping we would resign. No board member including a president can call a board hearing. Board hearings simply do not exist. The board hears appeals from properly filed A & D appeals. If Arciniega wanted to bring the U12 director and I up on charges the non-existent A & D Committee proper must file said charges and the A & D Committee (which has never existed in direct violation of the by-laws) must hear those charges.
Regarding number 13, the charges are related to team formation practices and any report to NTSSA should be available to the board and GSA's members. Why is David Arciniega allowed to hide information that should be public? He is totally unethical and secretive. Number 13 refers to the Frequently Asked Question that read:
The Frequently Asked Question mysteriously changed after this without the board being involved, so it had to have been David Arciniega, Don Starkey or the webmaster doing it at their behest.Quote:
Question:
I would like to coach my child’s team, is this possible?
Answer:
We are always looking for coaches, but please understand that all
of our coaches are volunteers. If you are interested in coaching you must
complete the online NTSSA background check. Please contact the GSA office
for details. Your child will be placed on your team....
They now read:Dictator Arciniega and his stooges run GSA even though the authority should rest with the board proper. David Arciniega and his stooges make up rules and completely ignore the bylaws and league rules. Please note that once again North Texas knew all about this and let that goon Arciniega and his stooges pull this nonsense. North Texas needs to take jurisdiction and US Youth needs to investigate and remove Arciniega as he antics are definitely adverse to soccer!Quote:
Question:
I would like to coach my childs team, is this possible?
Answer:
We are always looking for coaches, but please understand that all
of our coaches are volunteers. If you are interested in coaching you must
complete the online NTSSA background check. Please contact the GSA office
for details.
Please read from the bottom up. David Arciniega has shut down the coaches and they are not being heard at all. There was no reason to keep David Arciniega's attempted lynching of the U12 director and me secret. We wanted it public and the coaches have a right to be there if the defendants wish it. I have nothing to hide!Quote:
From: Gsa [mailto:veritygsa@gmail.com]
Sent: Wednesday, March 20, 2013 9:52 PM
To: Soapboxmom
Cc: <darciniega@verizon.net>
Subject: Re: Request for Open Hearing
Heather,
The board hearing tomorrow is a closed hearing. You are more than welcome to invite someone to be in attendance with you as indicated in previously sent letter.
As an organization, we hold several coaches meetings throughout the year so that our members can be apprised of the happenings in our organization. These meetings, as you know, are an open forum format so that members have the opportunity to address any issue. Our members are what help make up this organization, so yes they do play an integral part.
Lastly, the A & D process is closed and reserved for the parties that are involved (and a character witness or two as we have always allowed). Each and every season, I reach out to our coaches (via coaches meeting and email) asking them to serve as panel members for upcoming hearings. You have been in attendance where I urge member participation as I do believe every coach should participate in this process. I will continue to solicit participation and truly hope more coaches accept the invitation of being a panel member when needed.
Regards,
Kim
On Mar 20, 2013, at 8:39 AM, Soapboxmom <soapboxmom@hotmail.com> wrote:
Dear Kim Verity (VP of Garland Soccer),
I am requesting that the board hearing be made open. I believe our member coaches should see how our president, David Arciniega (the complainant) is running this organization. They should also see our A & D process first hand. If we are doing the “right things” and trending in a “positive direction,” then our membership should be an integral part of that.
Please advise as to when the defense materials I requested will be available and the date the rescheduled hearing will be held.
David Arciniega wrote:
Every year at either the AGM or Semi-AGM, I hear about local Association Boards imploding for various reasons. This year was no different. However, in this case, it was the NTSSA Board. I will share more details at our next board meeting. Please do not discuss this with anyone outside the recipients of this email.
We at Garland Soccer continue to do the right things to keep us from falling into the traps that other associations and NTSSA are experiencing. I want to thank everyone for their dedication and as long as we continue to place the proper checks and balances in place, I have no doubt that we will continue to trend in the positive direction.
Thanks,
Heather Dobrott
U6 Girls Director
972 496-3649
David's stooge, Kim Verity, reiterated that it is an A & D hearing. Those can only be heard by a properly seated A & D panel which has not existed since Arciniega took office. If coaches had been on the panel as they should have been Arciniega would have had his $$ handed to him for bringing up people on charges for a son landing on his father's team via the players' pool. Also note I kept asking for proper discovery documents and got zero - nothing.
Verity got voted out as the coaches had had enough of her serving as Arciniega's stooge. The current Vice President is apparently just as afraid of Arciniega and is not bringing him up on the numerous charges that should have been filed against him. I have no doubt the few coaches left will send her packing as well if she doesn't start standing up to Arciniega.
The coaches have been less and less willing to participate in these A & D hearings that are not run according to the by-laws, league rules and NTSSA rules. All coaches should refuse to sit on a panel until David Arciniega is removed and the A & D process is completely audited and fixed.
All coaches need to demand that the general coaches meetings be the "open forum format" the former VP claimed they were to be. Coaches unite as David Arciniega has not been "the right things" and his antics are hurting this association!!! It is time for new leadership and real transparency!
Notice this coach's concern about retaliation. All J wanted was to help coach a team that had been seeking a coach for several seasons and he wanted his daughter, who was the correct age to be on his own team and not an opposing one. GSA is a hostile and miserable environment.Quote:
----- Forwarded Message -----
From: Billy Babcock <bbabcock@ntxsoccer.org>
To: J ; Gsa <veritygsa@gmail.com>
Cc: "projsocc@yahoo.com" <projsocc@yahoo.com>; "
Sent: Thursday, March 14, 2013 9:31 AM
Subject: RE: Petition
J,
In order for a "vote of no confidence" to be processed there has to be a stated reason, such as violating bylaws or ethics. The individual has a to presented with the charges to defend themselves. If there is not an opportunity for the individual to defend themselves the individual can appeal and would probably win.
Without a list of charges the process cannot proceed.
Billy Babcock
President
North Texas State Soccer Association
bbabcock@ntxsoccer.org<mailto:bbabcock@ntxsoccer.org><mailto:bbabcock@ntxsoccer.org>
972-757-9998
________________________________
From: J
Sent: Thursday, March 14, 2013 12:25 AM
To: Gsa
Cc: Billy Babcock; projsocc@yahoo.com;
Subject: Re: Petition
Kim/Billy,
Please help me understand how you are requesting the explanation of reason(s) to allow the person the ability to defend themselves when I asked David to be present in the 2/21 board meeting to "defend" myself I was not allowed to do so. David did not advise, even though I requested in advance. An email was provided to you Billy stating the request to David. He did not advise the board of this request.
It seems there is a double standard and very conflicting interpretation of the rules. There seems to be a dictatorship type of atmosphere with GSA surrounding the rules.
I expect the both of you to address my concern above.
I am cc'ing my Director as I should based on the fact @$%^ is the liaison between the coaches and the association. I expect no retaliation towards $%^& by the president or ANY board member.
Please remember, ALL members should be treated equally and fairly and ALL rules/bylaws should be followed as outlined. To date, this is not happening, which is against the Texas Non Profit Corporation laws.
J
On Mar 13, 2013, at 11:54 PM, Gsa <veritygsa@gmail.com<mailto:veritygsa@gmail.com>> wrote:
J,
It was under the direction of North Texas that your Petition warranted further explanation detailing your reason(s) for the Vote of No Confidence. It would be quite counter productive to allow a Vote of No Confidence for no specifics reason(s). The person that has allegedly committed an infraction(s) to the Garland Soccer Association Rules and/or By-laws should have the ability to properly defend themselves against your alleged petition of Vote of No Confidence.
I am available to meet with you tomorrow if you would like to resubmit a petition. As mentioned before, please indicate the specific Garland Soccer Association Rule(s) and/or By-law(s) that have allegedly been violated to further support your Petition.
Regards,
Kim
On Mar 13, 2013, at 10:42 PM, J> wrote:
Kim,
After reviewing the GSA By-Laws, the petition I submitted is correct.
The following is what the GSA By-Laws state:
Article III
2.3 - Any member of the Board of Directors may be removed from office by a vote of no confidence in his ability to remain in office and perform the dates thereof.
2.4 - Any three (3) Team Representative may petition for a vote of no confidence provided that the petition shall be in writing and submitted to the Board of Directors. The Board of Directors shall review the petition and submit a copy thereof to all members within fourteen (14) days of receipt of same.
2.5 - The vote of no confidence must carry by a three-fourths (3/4) majority of all members present and voting. The vote shall not be taken sooner than 14 (14) days nor more than twenty-one (21) days after written notice has been given to member teams.
As you can view, they do not stipulate what you are asking. Furthermore, the petition had 5 signatures. If one can not be understood, we still have the other four, thus meeting the minimum requirement.
REQUESTS
1. The President or members of the board shall not retaliate toward any coaches, members of the board, players/parents or any member of my team that support the petition. (Example: My assistant coach was in the field office filling out the game report on Saturday 3/9 as it was raining outside and a member of the board stated "Need to hurry up and fill out the game report. We want to leave". This was stated in a threatening tone and made my assistant coach very uncomfortable. She felt as she was being harassed.)
2. No delay tactics by members of the board on the petition.
EXPECTATIONS
1. With the petition being submitted on 3/4/13, expectation is a vote of no confidence meeting to be held no sooner than 3/18/13 and no later than 3/25/13
2. Ensure all members of the board to refrain from retaliating, making uncomfortable remarks, or harassing my team members.
Please advise of the date of the meeting. I also expect all coaches to be advised via mass email detailing "vote of no confidence" vote to take place, meeting date and time.
J
On Mar 9, 2013, at 6:58 PM, Kim Verity <veritygsa@gmail.com<mailto:veritygsa@gmail.com>> wrote:
J,
There are no specific allegations listed on the Petition for Vote of No Confidence for the President, David Arciniega. Therefore, if you would like to resubmit a Petition, evidence based information that can be further reviewed and verified should be included. Please indicate the specific Garland Soccer Association Rule and/or By-law that have allegedly been violated to further support your Petition. Also, there was one signature that could not be read and there was not a team affiliation listed by this name. Should you resubmit, please ensure that the coach signature and team affiliation is legible.
Regards,
Kimberley Verity
Vice President
Garland Soccer Association
Notice that Kim Verity went to North Texas State Soccer Association for help to save Arciniega. I was put up for a No Confidence vote because I went to NTSSA for help. Clearly only Arciniega and his stooges are welcome to seek help from NTSSA. NTSSA is protecting Arciniega no matter what he pulls.
NTSSA told me they didn't know of any difference between the No Confidence vote filed against me and that against Arciniega. Arciniega had his stooge Verity protecting him and the board was presented with several pages of refutations to the charges against him. Verity didn't go to bat for me as David Arciniega himself was behind the lie-filled petition against me. I wasn't allowed to prepare a defense in writing beforehand to present to the board like Arciniega did. Dictator Arciniega gets preferential treatment and is never held responsible for this actions by NTSSA and US Youth Soccer. District court was the only avenue left to save Garland Soccer and clean it up so that the coaches would be given fair and just treatment. I will always stick up for the volunteer coaches!!!
Where did I violate any by-law, rule or the ethical obligation??? GSA under Arciniega's leadership is so completely corrupt.
Quote:
No Confidence Letter.pdf
So, the following are grounds for removal from office:
1. How one votes in a board meeting.
2. Supporting a candidate other than David Arciniega.
3. Making a police report in response to missing money.
4. Discussing public Facebook postings.
5. Complaining to a service provider listed on domainstools.com and numerous other sites about the Garland Soccer website being down for weeks.
6. Contacting the North Texas State Soccer Association to file an appeal, grievance or to ask a question.
Quote:
Power corrupts, and absolute power corrupts absolutely.
Lord Acton
Read more at Power corrupts, and absolute power corrupts absolutely. - Lord Acton at BrainyQuote
Team FOLDED Head coach Edgard Olvera Color
Date Time Day Venue League Home Visitor 3/4/2015 6:30 PM Wednesday Win-16 U04 Girls FOLDED 11 The Ladybugs 3/7/2015 11:00 AM Saturday Win-15 U04 Girls 11 Kickin' Cuties FOLDED 3/21/2015 2:00 PM Saturday Win-17 U04 Girls 11 Bumble Bees FOLDED 3/23/2015 6:30 PM Monday Win-16 U04 Girls FOLDED 11 Lady Lions 3/28/2015 11:00 AM Saturday Win-17 U04 Girls 11 Spirit FOLDED 3/29/2015 1:30 PM Sunday Win-15 U04 Girls 11 Kickin' Cuties FOLDED 3/31/2015 6:30 PM Tuesday Win-15 U04 Girls FOLDED 11 Lady Hawks 4/11/2015 2:00 PM Saturday Win-15 U04 Girls FOLDED 11 Kickin' Cuties 4/18/2015 9:30 AM Saturday Win-15 U04 Girls 11 The Ladybugs FOLDED 4/19/2015 3:00 PM Sunday Win-17 U04 Girls FOLDED 11 The Ladybugs 4/22/2015 6:30 PM Wednesday Win-17 U04 Girls 11 Kickin' Cuties FOLDED 4/26/2015 3:00 PM Sunday Win-17 U04 Girls 11 Bumble Bees FOLDED 5/2/2015 3:30 PM Saturday Win-15 U04 Girls FOLDED 11 Pink Panthers 5/3/2015 3:00 PM Sunday Win-16 U04 Girls FOLDED 11 Lady Lions 5/12/2015 6:30 PM Tuesday Win-15 U04 Girls 11 Spirit FOLDED
Close
My replacement is a disaster. A U4 girls' team that started a week and a half late has folded mid season. What is that director doing???
Google review:
Quote:
Garland Soccer Association
1917 Apollo Rd, Garland, TX 75044
worst league I've ever seen. The referees are garbage, the schedules are always messed up, sometimes the directors of certain age groups have teams in those age groups..which isn't really fair. Just absolute trash
Public - in the last week
Election after election has been rigged. Proxies have been given out by the referee assignor telling referees who they must vote for. That is how ex-Vice President, Kimberley Verity got in. The president, David Arciniega, has been able to stay in due to proxies. The member coaches have little say in their own organization and are shut down by this president when they try to ask questions or make motions.Quote:
SEMI-ANNUAL COACHES MEETING
June 2, 2015 @ 7:00 PM
Holiday Inn
5110 N. George Bush Tollway
Voting will be held for the following board positions:
President, Treasurer, Fields, Training & Special Events, Publicity & Awards
Up the service road from Texas Roadhouse
Coaches should ask about what happened to the "missing payment" of over 8 grand from Jevin. Coaches should ask why President David Arciniega lied about Jevin filing litigation. The coaches deserve an explanation of why GSA is still using Jevin!
Why did David Arciniega insist on keeping Publicity and Awards Director Crystal Martin when her husband, Attachment 24503 is a registered sex offender who had to drive her everywhere and was handling rosters? What has GSA done in response to our Garland children being raped by Bernardo Mondragon-Guzman.
Coaches should ask why GSA is bringing directors up on charges for children being placed on the same team with their coaching parents by the player pool.
Coaches should ask what is being done about the plummeting numbers. Why are directors being denied documentation necessary to run the association? Why is there a shroud of secrecy around this charity? Why are coaches and the public not welcomed to the board meetings?
It is time to clean house. Due to the serious problems in GSA, the North Texas State Soccer Association and US Youth Soccer should be stepping in!
http://www.thelawproject.org/wp-content/uploads/2010/03/FiduciaryDuties-NFPdistress-2.pdf
David Arciniega blatantly lying to the to coaches about financial issues claiming Jevin was suing the payment processor for our missing money, refusing to give the board any documentation on any of this and continuing to use Jevin when they are likely responsible for the late and missing payments is hardly honest and done in good faith. David may have been close friends with Dan Ptak, the owner of Jevin, in college and Arciniega bragged to the board that he wrote the code for Jevin's player pool. He is clearly in an inappropriate relationship with Jevin and not looking out for the best interest of Garland Soccer.Quote:
II. What Are the Legal Responsibilities and Fiduciary Duties of Nonprofit Boards and Their Members?
Directors and officers of nonprofit and community-based organizations are considered fiduciaries, or
persons of trust, with the power and obligation to act with total trust, good faith, and honesty on behalf of their
organization.
I sought counsel from several licensed attorneys, a CPA and forensic fraud investigator, a longtime consumer advocate that has assisted law enforcement for years and runs a public website. As we could get no documentation on the missing money, I was honor bound to protect Garland Soccer and make a report to the police. The GSA got no information from Arciniega and could not consider any reasonable alternatives. That shifty dictator withholds and hides information from directors and members of this charity. The dissenting votes are not recorded. I wrote very long board reports to protect myself from the wrongdoing going on.Quote:
Satisfying its duty of care, a board should inform itself of all material information reasonably available to it, implement a decision-making process that allows members to carefully consider that information and all reasonable alternatives, where appropriate, seek advice from relevant industry, legal or financial advisors, and maintain complete records of board deliberations.
David Arciniega certainly fits that description. Protecting Jevin, a vendor that paid GSA late and then couldn't pay GSa money owed at all is not serving the non-profit corporation. Arciniega also insisted on keeping directors that were not coming to meetings or doing their jobs. His demanding to retain director Crystal Martin, who doesn't drive and brought a level II registered for life sex offender to everything, is also highly suspect. Why would Arciniega put our kids at risk??? That sex offender was handling rosters and records and possibly able to access all of GSA's records on Jevin at their home??? Rigging elections is also not in the best interest of the organization. It is also highly unethical to stop the coaches from asking questions and making motions in their own general coaches meeting. The leadership in Garland Soccer is totally corrupt.Quote:
Leaders of nonprofit and community-based organizations may be personally liable if they act based on their own self-interest in a way that does not serve the organization’s interests.
David Arciniega's under the table deals with Jevin while GSA is not being paid should dictate that he lose the business judgment rule protection as should his support of directors that don't attend meetings and bring in registered sex offenders. Red flags were everywhere and a director that is a professional fraud investigator told Arciniega flat out that the nonsense going on with Jevin was fraud. The board does not run GSA. Dictator Arciniega is manipulating everything!Quote:
The business judgment rule’s protections may be lost if, among other things, the officer or engages in self-dealing or usurps opportunities that belong to the nonprofit; fails to stay informed; disregards the organization’s established decision making process;commits fraud; or recklessly ignores red flags that a director or officer, acting reasonably, would heed.
Garland Soccer will have very few teams sign up for the most boring tournament on the planet and GSA needs that weekend to schedule make-up games. They are already scheduling games for Saturday May 30th which is well into graduation and wedding season. The coaches are going to be livid if they have to play in June!!! :duh:Quote:
http://cdn2.sportngin.com/attachment...2013_small.jpg
April 24 - 26, 2015
Open to recreational teams U7 through U19, and academy teams U7 through U10. Separate divisions for academy teams.
REGISTER NOW
Due to the inclement weather we have received the past four weeks, we have unfortunately had to cancel this tournament.
That weekend will now be used for league play.
Bruce R. Hopkins | Nonprofit Law
How is David Arciniega going to explain his relationship with Jevin when they couldn't pay us money owed and having no paperwork to substantiate his claim that Corduro was responsible for the missing money? How is he going to justify his insistence on keeping a director with a sex offender husband that had to drive her everywhere, handled rosters and other records and appeared to be in a position of authority?Quote:
.....personal liability can result when a director, trustee, officer, and/or key employee of a nonprofit organization breaches the standards of fiduciary responsibility.....
Have the board members been objective? Has David Arciniega been honest and trustworthy? Why did he lie about Jevin suing Corduro? Was there a personal benefit to his odd relationship with Jevin? Should the board have followed David Arciniega and kept doing business with Jevin even though Jevin was handling several hundred thousand dollars a year and there was no real documentation on the missing money?Quote:
.....One of the main responsibilities of board members is to maintain financial accountability and effective oversight of the organization they serve. Board members act as trustees of the organization’s assets and must exercise due diligence to see that the organization is well managed and that its financial situation remains sound. Fiduciary duty requires board members to stay objective, unselfish, responsible, honest, trustworthy, and efficient. Board members, as stewards of public trust, must always act for the good of the organization, rather than for their personal benefit. They need to exercise reasonable care in all decision making, without placing the organization under unnecessary risk.....
In numerous instances board members were aware there were many things done that directly violated our by-laws and policies and / or NTSSA's as well. These directors happily sat there and did nothing. The board had several members laughing and snickering about the missing money and other serious topics. The board was filled with rubber stamping stooges that did not question anything and did everything possible to prevent responsible board members from asking questions and seeking proper documentation. Questions and grievances directed to NTSSA resulted in harassment and retaliation by Arciniega's goon squad.Quote:
......The distinction of legal liability between the board and an individual board member relates to the responsibility of the board for the organization and responsibility of individual board members for their own actions. The board as a collective entity is responsible and liable for what happens in and to the organization. As the ultimate authority, it must ensure that the organization is operating in compliance with the new law and its own policies. If legal action ensues, it can often be traced to an inattentive, passive, or even captive board.......
Arciniega happily keeps board members that are not doing their jobs and if anyone dares to point out that his flunkies are not working or missing way too many meetings the result is harassment and intimidation. I was attacked by a board member with 38% meeting attendance at the fall tournament as David Arciniega leaked my formal complaint about it. I sent the complaint to Piney Burch-Walser and instead of handling it she alerted Arciniega who made sure to violate the whistleblower policy and then watch with delight as a confrontation took place publicly at the tournament.Quote:
....In turn, the board’s shared legal responsibilities depend upon the actions of individuals. Each board member is liable for his or her own acts and deeds, particularly if they are alleged to be civil or even criminal offenses. In practice, this requires board members to hold each other accountable......
David Arciniega routinely withholds vital information from the directors. Votes are often taken with no necessary documentation.Quote:
...Traditional Duties of Board Members – the Three Ds..In short, the duty of care requires the board—and individual board members—to pay attention to the organization’s activities and operations....3. obtaining information, before voting, to make good decisions
Thie GSA board is trapped into deadly group think for most of the members.Quote:
4. use of independent judgment.....
Arciniega's relationship with Jevin should be investigated!Quote:
.....2. adherence to the organization’s conflict-of-interest policy
3. avoidance of the use of corporate opportunities for the individual’s personal gain or benefit.....
Though NTSSA claims there will be a prompt resolution to grievances and GSA should do the same, complaints are often swept under the rug or the complainant is outed and harassed, intimidated or attacked. Arciniega is responsible for this hostile environment.Quote:
.....H. Board must establish procedures to address complaints and prevent retaliation against whistleblowers.....
Thanks to Arciniega all the directors past and present under his presidency, office people and some coaches will get dragged into this nightmare. When will the board clean house and start conducting this charity's operations with the openness and transparency that should be expected?Quote:
....Today, the concept of fiduciary responsibility is such that the trustees, directors, and the like of nonprofit organizations can be found personally liable for a violation of that responsibility. When an individual is personally sued because of something done or not done in the name of a nonprofit organization, the potential liability is termed personal liability......
......XII. FACING LEGAL LIABILITY
A. Liability is closely tied to accountability. Accountability applies to every nonprofit organization. The issues that are most likely to arouse concern pertain to general ethical behavior, transparency—how the organization shares information—and to issues relating to money—.....
....Today, the concept of fiduciary responsibility is such that the trustees, directors, and the like of nonprofit organizations can be found personally liable for a violation of that responsibility. When an individual is personally sued because of something done or not done in the name of a nonprofit organization, the potential liability is termed personal liability.....
......For the most part, the defendants in lawsuits involving nonprofit organizations are the organizations themselves. Seldom will the charges include other parties, such as individuals. These charges can happen, however, and when they do, the following categories of individuals (including those acting as volunteers) can be dragged into the fray: trustees, directors, officers, and/or key employees.....
....If the board has not carried out its oversight duties adequately, it may get implicated in a lawsuit due to negligence of its duty of care.....
http://www.realscam.com/f11/jack-weinzierl-threatened-tim-darnell-sued-soapboxmom-heather-dobrott-district-court-lost-summary-judgment-767/#post9743
For those reading who don't know me, please allow me to fill you in. I have served as a blogger / volunteer consumer advocate for almost a decade. I have worked with numerous enforcement agencies including but not limited to the Texas Attorney General, the State Security Board, NFA, SEC, TDI, FBI, Wisconsin Department of Financial Institutions and various police departments.
I have been sued twice for my blogging. I kicked Don Allen Holbrook's rear in round one and beat Tim Darnell in Summary Judgment (he and his sleazebag attorney were too chicken to show up for the hearing.) I have worked to expose various forms of financial fraud and uneconomic schemes. I have also been threatened with numerous suits for my truth telling.
I filed against David Arciniega and Garland Soccer as there were serious problems in GSA that were not being addressed and NTSSA was not stepping in to resolve issues either. I exhausted all avenues within these organizations and so here we are publicly discussing what has gone on in GSA since David Arciniega was elected president.
Soon it will be time to notice depositions. These are public record and as can be seen in the link I will publish them and comment on them. Kimberley Verity in a deposition would be most fascinating. How will she explain conducting a board hearing when no such thing exists and justify Arciniega being able to call the board in for these circus shows when directors using the by-laws can't call special meetings for the purpose of documenting what happened to funds that were "missing payments" from Jevin. Board members surely weren't pleased to be dragged in to discuss the absolutely criminal act of a child being placed with their parent coach by the player pool for which David Arciniega brought me up on formal charges.
Verity's totally unethical No Confidence vote that she got Erik Quintana, Crystal Martin, Juan Ramirez and James Hearn to sign sure reflects on her nicely. No doubt that would be yet another whiny chorus of Arciniega made me do it. She could also explain why some coaches had the book thrown at them while others engaged in the same activities were allowed to continue cheating unchecked. Verity was also on that Executive Committee that let Arciniega talk them into continuing with Jevin without a shred of documentation risking hundreds of thousands of dollars.
How far is the board, that supposedly runs GSA, going to go? Will they face deposition and turn over discovery? Will they exercise their authority and put a stop to the continuing antics of David Arciniega. Will they allow another rigged election? What will the board do if the coaches get their way and vote in a president of their choosing? Will this new president clean up this organization? Will this new president do the right thing by all and open the lines of communication and settle this lawsuit? Will the coaches finally have their voices heard?
It is time for the next installment of David Arciniega and The Stooges. This lawsuit centers almost exclusively on misconduct by David Arciniega personally or acts that were at his personal behest. The board runs the association. Why are they letting Garland Soccer be destroyed by Arciniega's antics??? Arciniega's interests are likely in direct conflict with that of board members.....
http://www.schinnerer.com/industries...ectorsSued.pdf
There are some issues that definitely apply to the implosion of GSA.Quote:
WHY ASSOCIATION DIRECTORS GET SUED
(AND HOW THEY CAN PROTECT THEMSELVES)
by
Hugh K. Webster, Esq.
Webster, Chamberlain & Bean
Washington, DC
CONTENTS
I. Why Association Directors Get Sued...
B. Conduct That Can Result in Liability
1. General Mismanagement
2. Violating Bylaws and Articles
5. Lack of Fair Dealing With Members
6. Defamation
7. Wrongful Discharge
10. Failure to Protect Association Property
13. Breach of Contract
14. Failure to Supervise
II. How Directors Can Protect Themselves
A. Introduction
B. Advisable Behavior
1. Be Loyal
2. Attend Meetings
3. Delegate, Do Not Abdicate
4. Ensure An Adequate Information Flow
5. Make (and Document) Reasoned Decisions
6. Provide For Adequate Financial Controls
7. Rely on Advisors
8. Safeguard Assets
10. Avoid Conflicts of Interest
11. Have Negative Votes Recorded
Directors that are not attending meetings should resign for their own protection. GSA and NTSSA by-laws have provisions to remove directors. Arciniega ignores or flouts said by-laws.Quote:
Attend Meetings.
It may seem obvious to most, but it is
worth stating that Directors must attend Board meetings. There is no
recognition in the law of a so-called “figure head Directors” or “dummy
Directors,” and courts will have no sympathy for Directors who claim as
a defense to any legal action that they did not know of a particular issue
or did not participate in a particular action because of repeated failures
to attend meetings. Directors who do not attend meetings are
nevertheless bound by actions taken at those meetings and will be held
responsible if any such actions are deemed negligent. In fact, the act of
failing to attend meetings may itself be deemed to be negligent behavior.
Simply put, ignorance is not an excuse.
I informed the board in writing numerous times that David Arciniega had lied. Jevin never filed any court case anywhere as I documented. Jevin never filed any reports with the police or other law enforcement agencies about the $50,000.00 (of which over $8.000.00 belonged to GSA) that David Arciniega said Jevin claimed was missing due to the payment processor not paying them. That $50,000.00 the payment processor was accused of taking, since it included 501 c 3s, would have been a second degree felony and a police investigation is a free way to get one's money. So, without any documentation (as David Arciniega refused to provide it), one must assume Jevin might actually be responsible for the missing money. The board having been informed of the deception going on cannot tell the court that they believed they could rely on president Arciniega or that is was advisable to allow Jevin to handle several hundred thousand dollars a year of money belonging to the families of Garland. The board members that blindly followed this obviously errant leader should be held accountable.Quote:
Ensure An Adequate Information Flow.
A Director has a duty to be informed. According to the so-called “business judgment rule”,
members of association Boards will not, generally speaking, have their
business decisions second-guessed even if those decisions turn out to
have been ill-advised. But courts will not tolerate Directors, or entire
Boards, who are not sufficiently informed about the activities of their
organization. Very simply, bad decisions are more easily defended than
ignorance.
For this reason, the Director’s duty of care is often referred to as
the duty to be informed......This duty to be informed cannot be overemphasized.
I have documented numerous examples of Arciniega and this board ignoring and openly flouting the by-laws and policies. Arciniega made up the "board hearing" in order to harass directors asking too many questions. Why in the world would Garland Soccer not place a child on the same team as their parent, especially when Arciniega refused to produce rosters that would show evidence of team stacking or a change of coaches on a seasonal basis???Quote:
Violating Bylaws and Articles.
While a Board has full management authority over the association, that authority is limited by
the restrictions of the association’s articles of incorporation and bylaws.
An action by a Board that is contrary to either of those two documents is
void, and Directors may be sued personally for purporting to take such action.....
Arciniega had his own No Confidence petition (filed by coaches with legitimate concerns) refuted to the board and stopped from being disseminated to the coaches at large as it should have been. Yet, he pushed through the one Kim Verity authored against me (at his behest, no doubt) and had board members and their spouses sign. Arciniega tried to coerce me into resigning as I was asking too many questions and calling him on his antics. The No Confidence petition on me was not initiated by coaches because I was not performing my duties. I was one of the hardest working directors out there. Arciniega was trying to harass me and intimidate the remaining board members to cow-tow to him and allow his unethical and dishonest dealings to continue unchecked.
David Arciniega's relationshipb with Jevin needs to be thoroughly examined. He wrote parts of the program and may have been close to Dan Ptak in college. This does not seem to be an arm's length transaction or good business for GSA.Quote:
....associations and Directors must proceed with caution and
ensure that such arrangements benefit the association and are
defensible. Also, a formal conflict of interest policy should be adopted.
*Phony chargesQuote:
Lack of Fair Dealing With Members.
Courts are receptive to
claims by members that Directors have violated their fiduciary duties by
not treating members in a fair and above-Board manner. In one case, for
example, Directors were found to have acted contrary to their fiduciary
duties when they submitted a proposed bylaw amendment to the
members for a vote but concealed (or failed to reveal) the adverse impact
that this amendment would have had on the rights of the members.
In another notable case, the Directors of a nonprofit were found to
have violated their fiduciary duty to members by refusing to allow a
candidate for the Board of Directors to promote his candidacy by
purchasing an advertisement in the association’s magazine. The court
found that the Board’s motives were entirely self-serving, i.e., the sitting
Directors simply wanted to perpetuate themselves in office, and therefore
wished to deny a candidate the ability to “campaign” to the full
membership.
*Unethical No Confidence vote
*Rigged elections
*Coaches shut down from asking questions or making motions by the president
*Coaches brought up on charges in an A & D process that is completely broken and does not comply with by-laws
*Changes to the website made without notifying the board or members (wouldn't want parent coaches to have their own child on their teams, right?)
*Denying members access to records as prescribed by law, the IRS and GSA bylaws
*Discouraging members and the public from attending board meetings
*Blacklisting coaches due to their coaching of select teams and not with verifiable documentation
*Refusing to hold meetings called as dictated in the by-laws
*Not filing charges against Arciniega and his stooges (i.e. showing favoritism)
The list goes on and on.....
This case is being handled by a law team that would happily take it class action. It is time the Garland coaches and families have a voice.
U6 coaches are reporting that they are not hearing from their new U6 director at all. Those I am talking to have never seen that director on the fields monitoring games and assisting our new coaches.
A game was played recently and one girls' team put a male player out there. Teams at that age group are all girls or all boys and Garland does not have any co-ed teams. In Co-ed groups girls may play on boys teams, but boys can never play in an all girls' league.
Playing kids who are not on the roster means they are violating the rules and that that child would not be covered by insurance.
Reducing the number of director positions to get rid of hard working directors has been an unmitigated disaster. Don Starkey made the motion to shrink the board and I have no doubt that David Arciniega was behind it as he seems desperate to have control of the board. So, here Garland Soccer sits with a do nothing director that controls 1/3 of all the teams. The coaches know who pushed to have her in and who the proxies were there for no doubt!
Elections are coming. Time to clean house!!
Attachment 10452
I was canned by NTSSA due to the following:
North Texas State Soccer Association (501 c 3 over Garland Soccer Association) says:Quote:
Any person who files a lawsuit or invokes the aid of the courts on their own
behalf or as a representative for any person against NTSSA, or its officers, employees or
members are representatives of any of its officers, employees or members shall be subject to
sanction of immediate suspension from membership and from all soccer activities under the
jurisdiction of NTSSA and affiliates.
NTSSA has been presented with mountains of evidence over the years and has done nothing but cow-tow to David Arciniega and openly flout this and the Whistleblower PolicyQuote:
2.2.6 Jurisdiction
This Association shall have jurisdiction over all Member Associations’ administrators, referees,
coaches, assistant coaches, managers registered players and teams affiliated with it. Each Member
Association shall retain its own autonomy, but will adhere to its Bylaws and Rules and Regulations
and will comply with the authority of the Association. If the Association is presented sufficient
evidence that a Member Association is not adhering to its Bylaws and Rules and Regulations, the
Association may form a committee to investigate the allegations and make recommendations to the
Executive Committee to correct the infraction(s). If gross misuse of funds, misapplication of
Bylaws, or misapplication of rules and regulations is discovered, the Member Association shall be
declared not in good standing and given sixty (60) days to correct the situation, or the Association
may take more immediate action if deemed necessary by the Executive Committee.
Regarding President David Arciniega the United States Youth Soccer Association states:
I got thrown out for filing this necessary suit after long since exhausting every option, and I demand NTSSA and US Youth apply their by-laws to David Arciniega!Quote:
ARTICLE VII 206 FEES AND DISCIPLINE 207
208
Section 1. Annual Fees. 209
A. Organization Member. Each organization member shall pay to USYSA annual fees 210 recommended by the board of directors and approved by the National Council. 211
B. Individual and Sustaining Members. The fees for individual and sustaining members 212 shall be as prescribed by the board of directors. 213
Section 2. Suspensions and Terminations. 214
A. Suspension. 215
1. Failure to Pay Fees. Any member failing to pay any fees due USYSA shall be 216 provided written notice of the delinquency. If those fees are not paid within 30 days 217 after the date of the notice of delinquency, the delinquent member may be 218 suspended from membership in USYSA after a proper hearing pursuant to 219 Subsection 3B of this Article. The member shall be notified in writing of any 220 suspension and the date on which membership will be terminated if the fees remain 221 unpaid. 222
2. Due to Litigation. 223
(a) Any person participating in a USYSA program, or in a program of a state 224 association or a program of a member of a state association, who becomes a 225 defendant in litigation detrimental to the welfare of youth players or litigation 226 based on activities detrimental to the welfare of youth players, shall be 227 suspended from all soccer-related activities. Suspensions under this bylaw shall 228 be determined by the appropriate state association or the USYSA Board of 229 Directors. Matters detrimental to the welfare of youth players shall include, but 230
September 1, 2014 Page 7
not be limited to, crimes of moral turpitude and felonies. The person has a right 231 to appeal the suspension only over whether the matter which is the substance of 232 the accusation, if true, is detrimental to the welfare of youth players. 233
(b) On completion of the litigation, the suspended person may inform the body 234 suspending the person under Subsection 2A2(a) of this Article that the litigation 235 has been completed and request that the suspension be terminated and the 236 person reinstated. The suspending body may grant the request of the person or, 237 if the decision of the litigation was adverse to the person, may continue the 238 suspension for a period specified by the suspending body, fine the person, 239 terminate all membership of that person with the suspending body and its 240 members, or any combination of those authorized penalties. 241
B. Termination. 242
1. The membership of a state association may be terminated by the National Council 243 for cause by a two-thirds vote of the National Council. 244
2. If the membership of a state association is terminated either by resignation from 245 USYSA or under Subsection 2A1 or Subsection 2B1 of this Article, USYSA shall 246 immediately undertake actions to replace that organization with another 247 organization having the same USYSA jurisdiction as the organization whose 248 membership is terminated. That replacement organization may include an 249 organization established and temporarily operated by USYSA. 250
3. The board of directors may terminate the membership of a sustaining member as 251 prescribed in Section 3A of this Article. 252
Section 3. Suspension, Termination and Other Penalties. 253
A. The board of directors may suspend, fine, terminate and/or impose any other penalty 254 on any member of USYSA, if the board determines that: 255
1. the conduct of the member is adverse to the best interests of soccer or USYSA; or 256
2. the member has not complied with the requirements of its membership in USYSA. 257
B. The board of directors may act under this Article only after a hearing, reasonable 258 notice to the member of the time and place of the hearing, and providing the member 259 with a reasonable opportunity to present evidence in support of the member’s position. 260
Section 4. Effect. A suspension or other disciplinary action imposed by USYSA in accordance 261 with these bylaws shall be recognized by all members of USYSA on notification by USYSA. 262 Suspensions and other disciplinary actions imposed by members of USYSA shall be 263 recognized by USYSA and all other USYSA members on proper notification to USYSA. 264
265
The coaches are fed up with this discriminatory environment!
Isn't that illegal, what NTSSA is doing? How can filing a lawsuit get you canned?
Top Texas clubs transform youth environment - US Club Soccer
US Club Soccer is under US Soccer just like US Youth Soccer (parent of North Texas and Garland Soccer.) They are sweeping through South Texas and will now be heading North and taking over much of North Texas it appears. Competition! I think our Garland and Greater Dallas Area families will love to see positive change!
Notice that this parent included North Texas and National. Garland Soccer has very poor customer service. The parent organizations also ignore their own by-laws and do not step in. Garland and North Texas are literally imploding.Quote:
From: Concerned parent
Date:
To: president@garlandsoccer.com, vicepresident@garlandsoccer.com, treasurer@garlandsoccer.com, fields@garlandsoccer.com, events@garlandsoccer.com, publicity@garlandsoccer.com, referee@garlandsoccer.com, u6boys@garlandsoccer.com, u6girls@garlandsoccer.com, u8boys@garlandsoccer.com, u8girls@garlandsoccer.com, u10director@garlandsoccer.com, u12director@garlandsoccer.com, majorleague@garlandsoccer.com
Cc: jcampbell@ntxsoccer.org, dcrawford@ntxsoccer.org, bbabcock@ntxsoccer.org, david@ntxsoccer.org, jsutter@usyouthsoccer.org, jcosgrove@usyouthsoccer.org
Subject:
To whom it may concern,
......I called out of concern and spoke with one of Garland Soccer Association’s associates.....I emailed this time. I received several tactless emails from the office staff..... I was taken back by the rudeness I had received. Isn’t Garland Soccer Association a charity? Why am I investing, being loyal, to a charity that isn’t being loyal to me?
.......a poor 10 year old little boy was sexual assaulted by someone you allowed to be a coach. How can I subject my 5 year old daughter to that kind of danger?.... If you Google “Garland Soccer Association” the case about the sexual assault comes up, along with a video. The next item is a video of the u7 girls coach and parent fighting. What if my daughter ends up on a team where the parents can’t control themselves?
.......That is not acceptable. Again, why should I be loyal; to a charity that is not being loyal to me? If there is any way this can be resolved please assist. It is now clear that the Garland Soccer Association office staff will be of no assistance ...... Please note if I do not received a proper response I will have no choice but to go to local new stations, local radio stations, and the city to insure my voice is heard. I will also be starting up a petition.....
There should be no reason why I should have to take my concerns any further then this email, and am truly taken back I had to take it this far.
Redacted board report to protect the ID of the director:
GSA has some awesome directors who are doing all the right things to protect the money belonging to the families of Garland and stop Arciniega's dishonest dealings. David Arciniega's stooges have a lot of explaining to do at the next coaches meeting and in court!Quote:
Director / Officer Monthly Report
August 2013]
Accomplishments
- Doing DAMAGE CONTROL due to website being down for 12 days and now a temporary website is up-
- ………
- …………
Plans
- Proposal-Apology from GSA President via email and General Coaches-to coaches of website going down and now temporary website-and not field director-it looks more professional(it should had been done sooner-it down 12 days then we got temporary website-ok)
- Proposal-Extension date on returning players to August 16th due to website being done
……
- Continued to encourage coaches-to get returning players to register on time via email and calling them
- Plan have coaches meeting
- -Proposal-Requesting written documentation between Jevin , processor and GSA during the Spring season2013-a paper trail please-on how this large amount money was missing and an Audit of Jevin to protect GSA
- Proposal-Requesting a copy of jevn file charges against a processor or we file charges to investigate what has occur to the missing money-it will give GSA a paper trail in case this occurs again to protect GSA board
- …Proposal-Requesting that Jevin show a copy of his company being BOND AND INSURED-makes him look creditworthy to continued to do business with this company..
- ……..
Miscellaneous
- Worried about temporary website makes GSA look like we have problems to the coaches…and the public
- I still don't agree with doing business with Jevn
- ……….
Future Months
Plans
- Attend General Coaches Meeting
- Continued to follow up on written documentation as GSA board member has the right to request on the paper trial between jevin and GSA and copy of charges if any has been file
- Monitor and see if website has affected GSA registration numbers
………
- ……….
- ……….
Miscellaneous
Comments
- ……….
Did David Arciniega actually read this before he signed?Quote:
Conflict of Interest
Policy and Statement
Adopted: July 20, 2009
Garland Soccer Association recognizes that to fulfill its responsibilities to its members and to the public at large, it is dependent upon the dedication of the Board of Directors, its officers, employees and staff, all members of committees, all other representatives, and its volunteers. Because one aspect of determining qualifications of each of these individuals is the avoidance of conflicts of interest, the following policy has been adopted.
A conflict of interest is defined as any relationship in which a person receives compensation from any individual or entity that does business with and has an interest in the policies, decisions or operations of Garland Soccer Association that could influence or perceive to influence the person’s objectivity in any decision making process involving policies, decisions or operations.
In general, Garland Soccer Association expects every person to be constantly aware of the dangers inherent in situations that give rise to conflict of personal interests with those of Garland Soccer Association. Although complete avoidance of all conflicts of interest is not always possible, Garland Soccer Association expects the kind of loyalty and ethical consciousness that will motivate an individual to recognize situations and circumstances that could produce a conflict. All individuals should avoid any actions that might result in or create the appearance of:
- Using association with Garland Soccer Association for private gain;
- Granting by Garland Soccer Association of unwarranted preferential treatment to any person or organization;
- Misusing Garland Soccer Association’s confidential information for financial or personal gain;
- Losing Garland Soccer Association’s independence or impartiality;
- Adversely affecting public confidence in the integrity or the reputation of Garland Soccer Association; or
- Endangering life, health or safety.
Consequently, all shall refrain from engaging in any transaction with Garland Soccer Association in any type of situation in which such individual has a duty to protect Garland Soccer Association’s interest therein and a simultaneous opportunity to realize a personal gain or benefit. Additionally, no person shall accept or engage in any activity, business or employment that will conflict with Garland Soccer Association’s interest or diminish the ability of the individual to render to Garland Soccer Association full, loyal and undivided service.
Finally, participants shall at all times avoid not only actual conflicts of interest but also the appearance of a conflict of interest. The appearance of a conflict can be as damaging as an actual conflict. Each individual is encouraged to develop and maintain an attitude of awareness of those situations in which an appearance of conflict might arise.
If a conflict of interest should arise, each and every individual has the responsibility to take necessary action to inform the Board of Directors about the conflict, and to avoid any participation in decision making regarding the action. When there is a doubt whether a conflict of interest exists, the matter shall be resolved by the Board of Directors. Should any member of the Board be in this circumstance, he or she shall excuse himself or herself from the decision and report on doing so to the President.
Additional examples of actual or potential conflicts of interest:
- Direct (and at times indirect) personal involvement with licensees, suppliers, service providers, sellers, contractors, and customers of Garland Soccer Association;
- Ownership of an interest or any financial interest, direct or indirect, in such an entity;
- Acting in any capacity in such an entity;
- Acceptance of payments, services, property, loans, or any financial interest, direct or indirect, affected by actions of Garland Soccer Association;
- Ownership of property or any financial interest, direct or indirect, acquired as a result of Garland Soccer Association’s confidential information;
- Outside employment or any interest, direct or indirect, which might impact job performance or efficiency;
- Outside activities or any interest, direct or indirect, in civic, professional or political organizations which might involve improper and unauthorized divulging of Garland Soccer Association data; and use of his or her position at Garland Soccer Association to extend an offer of employment to a spouse, family member, or business associate.
This policy applies to the full Garland Soccer Association organization, and all Directors and Committee Members of Garland Soccer Association shall complete the below form in accordance with this policy.
Please disclose and list any existing or potential conflicts that you may have with Garland Soccer Association and/or its operations: (use a separate sheet if necessary)
I acknowledge that I have been given a copy of the Garland Soccer Association Conflict of Interest policy, that I have read it, and that I understand its terms and procedures. Further, I agree to abide by it.
Date:___________________
Signature:_________________________________
Printed Name:_____________________________
Position:_________________________________
*Risking tens of thousands of dollars by continuing to use Jevin and letting them handle all GSA's registration funds with no documentation on the late and "missing payments" and having admitted that he wrote some of the software (possibly having an inappropriate relationship with this vendor)
*Allowing a director that knowingly let a registered sex offender handle rosters and perhaps have access to all of the records in Jevin continue to serve
*Encouraging that afore mentioned director to run around bragging that he was going to have a private meeting with her sex offender husband about their failing construction firm (now boasting an F with the BBB) doing construction work for GSA including a fence for Audubon Park and a pavillion for Winters Park
Garland Soccer is rife with corruption! :pt:
After all that I still did not get the required decision letter and those violations were not addressed. So, according to the NTSSA (North Texas State Soccer Association by-laws GSA is not in good standing.Quote:
From: Heather Dobrott [mailto:hdobrott@gmail.com]
Sent: Tuesday, April 02, 2013 6:52 PM
To: cquinones@ntxsoccer.org
Cc: jcampbell@ntxsoccer.org; 'Billy Babcock'
Subject: Garland Soccer Association Director Charged
Dear NTSSA,
I would like to request that formal charges be filed against David Arciniega, President of the Garland Soccer Association, and Kimberley Verity, VP and Chairman of the A & D Committee based on the following:
- I was brought up on charges as shown on pages 1-3 of the attachment. Clearly as this letter was sent registered mail by the A & D chairman it is an A & D hearing. This hearing was not heard in front of the A & D committee as specified in the GSA By-laws. I was brought before my fellow board members. Please see page 4 of the attachment which was given to all of the panel at the A&D hearing.
- The League Rules clearly state that “upon receipt of written notification, the A&D Committee shall conduct a confidential investigation by questioning any person with first hand knowledge of the facts. The investigation must include an interview with the accused unless it can be determined that no further action, including the preferring of the charge(s) is necessary or warranted.” Kim Verity’s committee did not interview me, Rachel Beltran, the coach who took the U12 boys team or his wife that handled the paperwork to get the player in question registered.
- It clearly states in the League Rules that one brought up on charges “will be subject to the decisions made by the GSAI A & D committee.” David Arciniega’s complaint against me was not heard by that committee, but rather the board of directors as a whole. So, any decisions made I should not be subject to as proper protocol and procedures were not followed.
- According to the NTSSA Appeals and Discipline manual “it is a requirement for the A & D Chairman to have enough knowledge of the situation at hand in order to select a fair and unbiased panel.” A hearing among fellow board members in what has become a hostile environment does not meet this requirement. The issue referenced in the charges against me has been discussed at board meetings and in e-mails. Please see pages 69, 70, 105 of the attachment. No one on that panel could possibly be unbiased.
- The NTSSA manual states “in matters where the A & D Chairman is unsure what the rights of the complainant or the accused are as to whether this should or should not justify a hearing, the NTSSA A&D Chairman may be consulted.” Did Kim Verity seek out counsel and advice on this situation from the NTSSA A&D Chairman?
- The NTSSA manual guarantees in the “Rights of the Parties” that the letter to the accused shall show the range of possible consequences should the charges be found true. My letter does not give the range of possible punishments as it should. Please see pages 1-3 of the attachment.
- The NTSSA Appeals and Disciplinary manual also admonishes that A & D Hearings should not be held at the same time as board meetings. That according to NTSSA and local Garland rules takes away the option of an appeal with the local board. I was brought before my fellow board members for the first hearing on this matter.
- The NTSSA manual further states that “no member (of the committee) should be involved in the circumstances being heard: nor in any way, closely associated with any of the involved parties. If necessary, alternate members should be available should such an involvement or affiliation exist.” Again the complaint was heard before the board where certain members are close and there is also tremendous hostility, and no alternative panelists were available.
- The specific charges they are completely bogus. I am accused of being involved in the instructing of placement of a new coach with his son in violation of our team formation rules. Our Frequently Asked Questions clearly state that if one would like to coach their child’s team that the child will be placed on their team with them. Please see page 24 of the attachment. We have an obligation to honor what is on the front page of our www.garlandsoccer.com website.
- The Frequently Asked Questions also state that a “player’s information is given to a committee that assigns players.” I have no control or involvement in player placement whatsoever. I do not know who is on the player pool committee or how to contact them. Please see page 23 of the attachment. How can I face charges for something I cannot possibly do?
- The antiquated Team Formation Rules, that have not been updated in over 5 years, state that “the formation of teams and solicitation of coaches and new players is the responsibility of GSAI Officers and Directors.” Please see page 25 of the attachment. If that is the case why was I brought up on charges when a new coach and his son came into GSA?
- The antiquated rules further state that “players will be assigned (rostered) to teams, at the age group director discretion, by one of these two methods:
Use of a coordinating committee.
Random draw by neighborhood schools by the coaches.” Again that is not the case. We have a player pool committee and the age group directors have no involvement in this whatsoever.
These Team Formation Rules go on to discuss Directors placing players when we in fact have no involvement in that whatsoever. Please see page 26.
- The rule in the specific charges against me states, “in order for any person to request their child be transferred to a returning team they are coaching, they must have been the head coach of record for the previous two outdoor playing seasons, or asked to be the head coach of the returning team by a majority vote of the GSAI Board of Directors.” Since these rules are antiquated and do not at all reflect what we are doing I don’t see how they can be used as a means to bring me up on charges. Again, our Frequently Asked Questions clearly state that a child will be placed on the team their parent is coaching. Please see page 24 of the attachment.
- Please note the e-mail on page 34. The registrar contacts the age group director (Rachel Beltran) and asks her to find Dan Medina a team that his son could be placed on. There were not near enough players to form a new team. As my son is too ill to continue playing I was desperately searching for a coach to take over my team, the Pumas. The Pumas team was the only spot available in the U12 boys division.
- Please note the e-mail on page 54. I am asking for Trevor Medina’s uniform size as I saw in Jevin that he was placed on the team, but his name was not on the official roster yet. He was showing up in the uniform section and medical releases etc. He had landed there due to the player pool. Rachel Beltran and I were not involved in his placement in any way. He appeared on the official roster after his release from Richardson arrived in the GSA office.
- Please note from the e-mails that the board was having heated discussions concerning Joe Garcia having his daughter assigned to his team. The Dan Medina situation was brought up at two board meetings despite Kim Verity’s claim to the contrary. At the February 4th meeting I came in very excited that I had a coach to take over my team as my son was too ill to play. On February 20th when Joe Garcia’s daughter was discussed, Rachel Beltran mentioned Dan Medina and I spoke up about it as well before we voted. I believe this is why these charges were filed against me. I carefully considered what is on the GSA website and I voted and acted in the best interest of our coaches.
- J sent our two e-mails to the entire board before the charges were filed stating that Dan Medina had had his son placed on his existing team. J also forwarded the e-mail from Dan Medina to the entire board as noted on page 69. So, the board was already well aware of the conflict going on and was tainted. They could not step into the board hearing Kim Verity scheduled as an unbiased and fair panel to hear this issue.
- Please note the numerous e-mails where I request documentation concerning the team formation practices. David Arciniega sent a report to NTSSA in February about this exact rule and issue and I have not been given access to it. I was not given access to anything or a single piece of paper in response to my reasonable requests. Why is GSA hiding information from its directors? Please see pages 110-123 of the attachment.
- The board is having serious conflict over having open meetings as the e-mails show. Please see pages 50-54 in the attachment.
- The materials in question related to this filing have not been updated in five years even though we have radically changed the team formation practices using the Jevin software and an independent player pool committee for the last 4 years. NTSSA needs to address this lack of proper documentation. Please see page 119 of the attachment.
- It appears the Garland Soccer Board of Directors voted on Coach Dan Medina and his son after we were asked to leave the board meeting. How could there be any vote on those individuals when they were not given any kind of notification that their placement on the U12 boys Pumas team was in question? That is totally unethical.
I respectfully request that NTSSA pursue charges against David Arciniega and Kimberley Verity. I believe a thorough review of the A&D hearings held by GSA is also in order in light of this situation. GSA offers no orientation or training to its new directors and its website and materials are not updated to reflect current practices. That needs to be addressed as well.
Sincerely,
Heather Dobrott
U6 Girls Director Garland Soccer Association
972 496-3649
Quote:
Revised February 2015
2.1.3
Good Standing of Member Association
To be in good standing in the Association, a Member Association
must meet all of the following requirements:
(1-4 redacted)
This means GSA is already NOT in good standing and Arciniega may not have protection (legal counsel) provided to him! North Texas WILL find GSA Not in good standing according to their by-laws!Quote:
5.Member Associations will provide equitable and prompt hearing and appeal procedures to
guarantee the rights of individuals to participate and compete and insure due process to the
accused. In all hearings conducted, the parties shall be accorded:
- a.Notice of all specific charges or alleged violations in writing and possible
consequences if the charges are found to be true;
- b.Reasonable time between receipt of the notice of charges and the hearing within which
to prepare a defense;
- c.The right to have the hearing conducted at a time and place so as to make it practicable
for the person charged to attend;
- d.A hearing before a disinterested and impartial body of fact finders;
- e.The right to be assisted in the preparation of one’s case at the hearing;
- f.The right to call witnesses and present oral and written evidence and argument; Notice
of all specific charges or alleged violations in writing
- g.The right to confront witnesses, including the right to be provided the identity of
witnesses in advance of the hearing if requested;
- h.The right to have a record made of the hearing if requested in advance, with all costs
to be paid by the requester;
i.
A written decision, with the reasons for the decision, based solely on the evidence of
record issued in a timely fashion and including appeal rights and procedures.
j.
Notice of any substantive and material action of the hearing panel in the course of the
proceedings.
- k.Equality concerning communications and no ex parte communication is permitted
between a party and any person involved in making a decision or procedural
determination except to provide explanations involving procedures to be followed.
Honor all orders of suspension of persons issued by this Association or
one of its Member Associations.
6.Member Associations will, at all times, recognize the authority, rules, rulings, constitution and
bylaws of the Association, which comply with the authority of the United States Soccer
Federation, and its National Associations of which North Texas State Soccer Association is a
member.
7.Failure to comply with one or more of the Subsections 1–6 Section 2.1.3, will result in the
Executive Committee determining the Member Association is not in good standing. Failure to
be in good standing is further defined as meaning players and teams registered through the
Member Association will not be allowed to participate in any tournament/event sponsored or
sanctioned by NTSSA, nor will they be certified to play outside of the NTSSA in any games,
tournaments or other competitions for which they might have been otherwise eligible. The
Member Association may not vote on any matter at any meeting of the Association while it is
not in good standing.
8.A Member Association failing to meet any requirements of good standing for a period of sixty
(60) days shall have its territory declared open and shall not be entitled to vote or to any
protection, services or competitions of this Association.
Board of Directors | North Texas Soccer
Board of Directors | US Youth Soccer
Time for those board members to start doing their jobs! :pulling_hair_out:
Plano cancelled their tournament ages ago and the coaches didn't lose a dime. Garland should have had the same good sense. Garland's board should step up and refund the coaches in full due to their making such a complete mess out of this season!Quote:
Coaches,
After a great deal of consideration and countless hours of all those working to make the tournament proceed, we must announce the following: Unfortunately due to the the recent rains we are unable to go forward with the 2015 Garland Memorial / Mark Deramee Cup Tournament.
Garland Soccer Association will be refunding 50% of each team's registration fee.
We appreciate your understanding and patience in this unfortunate situation.
Kathleen Robinson
Special Events and Training Director
Plano also has the good sense to end their season in May. The coaches and families in Garland are going to be livid that they must play through exam and graduation week in June. I have also heard that Chamber Classic (one of the few remaining interleague associations) will not come back to play with Garland again either. Not a surprise as Wylie and Richardson left after their miserable experience in Garland.Quote:
Recreational League
Thursday, May 14
All games are cancelled for 5/14.
---------------------------------
Reschedules from May 9-10
Status of games rained out May 9-10:
U4-U8 - 5/9 games will NOT be rescheduled.
U10 - 5/9 games were rescheduled to Saturday 5/16.
U12-U16 - 5/9 games were rescheduled to Sunday 5/17.
U19 - 5/10 games were rescheduled to Sunday 5/17.
PLEASE CHECK YOUR SCHEDULES
Any games lost to weather or field conditions May 11-17 will not be rescheduled.
Unfortunately, playoffs for all age groups have been cancelled.
We are officially out of fields and time.
Elections are here and all the incumbents should be shown the door!