Thread: Scandal / Corruption Garland Soccer Association / US Youth Soccer / North Texas State Soccer / David Arciniega

GSA Board Directors & Staff

President:
David Arciniega
Vice President:
Piney Burch-Walser
Treasurer:
Sam Perry
Office Manager:
Paula Tiffin
Registrar:
Rosemary Martinez
Facility & Equipment Director:
Don Starkey
Special Events & Training Director:
Kathleen Robinson
Publicity & Awards Director:
Donna Freeman
Referee Director:
Robert Mayfield
Referee Assignor:
Gayle Brandt
U4 - U6 Director:
David Blair
U7 - U8 Director:
Michelle Keramidas
U9 - U10 Director:
Jesse Flores
U11 - U12 Director:
Rachel Beltran
Major League Director:
Don Shell

Charity members and the media should be hounding this board for real answers.

The team numbers continue to drop as the mass exodus continues. The U19 girl's division has only 3 teams and only 1 of those hails from Garland, so they will have to play each opponent 5 times. The U19 boys has 4 teams total which are all from Garland, but they will be stuck playing each opponent at least 3 times each in this fall season.


Fall 2014 234 teams
Spring 2015 207 teams
Fall 2015 193 teams

More coaches would be gone, but the rule change allowing teams and players to play wherever they wanted passed in late July. Most of the neighboring associations closed registration around July 30th and these teams couldn't get enough players together quickly enough to jump. The Garland numbers will plummet again next season as disgruntled coaches and upset parents bail.

When are North Texas and US Youth Soccer going to follow their own by-laws and clean up this corrupt Garland association?

http://www.nebraskastatesoccer.org/a...irectors/Board of Directors

Strategic Plan 2013
A Collaborative Vision for Nebraska State Soccer
The Board of Director’s felt it was time to create a 5-year Strategic Plan to steer the board’s direction, focus and vision. Below is a direct link to plan:

Click here to view the Strategic Plan

Purpose
The purpose of this corporation is to educate players and parents, coaches, referees, and administrators in the state of Nebraska in the rules and skills of soccer, to develop qualities of leadership, self-discipline and sportsmanship in youth and adults, to develop physical fitness through competently planned and conducted clinics and competition, and to resolve questions and controversies not resolved at and under the Laws of the Game of soccer established by the Federation Internationale De Football Association or the rules of soccer leagues affiliated with this Association.

The purpose of the Board of Director is to uphold the Vision, Mission and Values of the corporation, create policy and give direction to Staff on the day to day operations.


Board Meeting Open Forum
The Board welcomes members to come and speak, but understand that we must stay on task. For this reason time for each person will be limited. Please read the Open Forum Policy if you would like to provide information or comments at any meeting.

Again, North Texas State Soccer and Garland Soccer under dictator David Arciniega, why are your meetings secret and the members constantly shut down at their own coaches' meetings? What is the big secret in Garland and Texas?

BRACKET B

Batmen

Infinite FC
Salty Dogs
The Minions
New Team
Schedule

The team count of 193 must be questioned. The Minions are listed and I counted them, but they are not included in the schedule.

Only 16 interleague teams joined GSA this fall. Among them is 1 team from Richardson. Richardson told several people they would never play in Garland again. We know that is thanks to the president, David Arciniega not being willing to address legitimate concerns with them. So, knowing Richardson had registration open for longer than Plano where all the other teams from Richardson are playing I suspect they missed Plano's deadline to get on the schedule. I spoke to Plano about a few things and I was told they were turning teams away. Plano is growing by leaps and bounds.

Only 1 team from Lake Highlands was willing to play in Garland. Again, I suspect they were not ready to go in time to play with the rest of the teams that are playing elsewhere.

Referee/Field Assignor

John Brown

lhsareferee@lhsasoccer.org

U9 Girls

John Brown

214-718-9165

U9Girls@lhsasoccer.org

Mr. Brown is the father of GSA's own former Major League Girl's Director and current Publicity and Awards Director, Donna Freeman. If her own father can't get Lake Highlands teams to agree to play in Garland (with her no doubt begging profusely,) there is a reason.

Royse City, Greenville and Rowlett are playing together again in the boys divisions and I would not be surprised to see the 8 girl's teams from Rowlett that are with Garland this fall bail for greener pastures in the spring. Chamber Classic sent over a mere 4 teams. The rest are playing interleague with Lake Highlands and Plano. These teams I am suspect will be leaving in the spring as Garland is disorganized and chaotic. The horrendous internal issues in Garland Soccer are destroying the league and driving everyone away.

Garland is the incredible shrinking soccer league. When are US Youth, NTSSA and the city of Garland going to step in, investigate and stop the bleeding??

Why Should I Tell My Lawyer Everything? The Case of the Likely to Lose Liar | MALIS|LAW Blog

Here’s a client guide I recently posted on Avvo.com concerning the importance of making a full disclosure to your lawyer:....
The attorney-client relationship is primarily based on trust..... If you’d like to see your attorney become truly unmotivated, lie to him or withhold evidence and watch what happens when the truth comes out …

2. TRUTH = SUCCESS. Most litigation is not won or lost based upon the merits of the claim; it’s won or lost based upon whom the jury believes. Document trails, witness statements, photographic evidence, scientific evidence, are all support structures for the ultimate issue — who’s lying, and who’s not. If you initiate your relationship without disclosing all you know or strategically withholding evidence, the lawyer will build the case on that structure. If it’s an inaccurate or untruthful “foundation”, the case becomes a house of cards, and you’re sure to lose.

3. YOU’LL HOGTIE YOUR LAWYER WITH A LIE OR INCORRECT FACTS....Trust me, I’ve seen it happen, and often on the most insignificant of facts (like Furman lying about racial bias, which had nothing to do with the OJ Simpson investigation)...

4. JURIES LOVE FULL DISCLOSURE....

5. YOU’LL FEEL BETTER. Do you remember when you were kid and threw out a fib, and spent the rest of the day worrying about whether you’d be caught?.....

6. YOUR LIE WILL BE DISCOVERED — THAT’S WHY THEY CALL IT “DISCOVERY”. Civil and criminal cases require that lawyers exchange information about their cases in a process called “discovery”. In my field, civil practice, discovery is very extensive, with subpoenas, written questions, document requests, and lengthy depositions, all designed to ensure that there are no surprises at trial. Everyone leaves some kind of paper trail, especially someone who’s been untruthful. Don’t think you can hide a secret in civil litigation; they inevitably come out, whether it’s through finding a contradictory business record; a subpoena of your email records or Facebook postings (and don’t think THAT doesn’t happen!), or just your squirming in the witness chair when asked just the right question.

7. A COVER-UP CAN BE MORE POWERFUL THAN A TRUTHFUL ADMISSION — REMEMBER WATERGATE?....

It is obvious David Arciniega is behind the ridiculous answers the NTSSA lawyer is providing. The board better get ready to explain why they are not running GSA and seeing that the answers are complete and truthful. 1 by-law and 0 documents is not going to fly. What does a 501 c 3 charity have to hide???

3 teams still need coaches and the games start on Saturday September 12th. More than 10 have no name, so they are still unorganized and will be scrambling to be ready. Chaos and confusion every season. I also note that several very experienced coaches who swore they were done coaching in this nightmare of an association are back coaching as no one wants to step up for those teams.

Rule 13 of the Texas Rules of Civil Procedure provides in full:

The signatures of attorneys or parties constitute a certificate by them that they have read the pleading, motion, or other paper; that to the best of their knowledge, information, and belief formed after reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and brought for the purpose of harassment. Attorneys or parties who shall bring a fictitious suit as an experiment to get an opinion of the court, or who shall file any fictitious pleading in a cause for such a purpose, or shall make statements in pleading which they know to be groundless and false, for the purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt. If a pleading, motion or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, after notice and hearing, shall impose an appropriate sanction available under Rule 215-2b, upon the person who signed it, a represented party, or both.

Again, 1 by-law and zero documents in a completely ludicrous response, really? The board runs GSA and they are responsible.

Attorney says:
Subornation of Perjury: Tad Nelson & Associates

Perjury is a criminal offense under Texas Penal Code Chapter 37. Speaking in general terms, perjury is knowingly or willfully making a false statement under oath. The severity of a perjury charge can range from a class A misdemeanor to a third-degree felony. Procuring another party to commit perjury is called "subornation of perjury" and is also subject to serious criminal charges......While many people have heard of perjury, not as commonly known is "subornation of perjury." Subornation of perjury is when someone willfully procures another party to make a false statement under oath or swear to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath.

How far is the board going to go to protect David Arciniega? When is the board going to get its own legal counsel and start making the changes needed to save what is left of GSA?

Since it is obvious that the GSA board isn't going to step up and handle anything, I believe it is time to talk about what is really going on behind the scenes.

Terry Walser in 2010 and Piney Burch-Walser in 2012 ran for the position of Vice President of Garland Soccer. Both were defeated by Kim Verity. Part of the reason they lost was referees being brought in by the referee assignor Gayle Brandt. There is a referee who will testify under oath that he was instructed to come in and help and that he was told that he was to vote for Verity. Elections being rigged has been a concern that has been discussed among the veteran coaches for years, but no Vice President (who has the authority mind you) or North Texas after complaints would step in and do their job. David Arciniega has board members afraid to stand up and do their job with the hostile environment he created and the fear of retaliation.

Everyone who has been around knows that in order to win an election one may have to be nominated from the floor without David Arciniega or his rubber stampers finding out someone is running so that the legions of proxies won't be there to control the vote. Piney Burch-Walser had the support of a portion of the board when she was nominated from the floor for VP in 2014. It worked. As the armies of proxies were not there and only a few coaches (some of whom came in just to vote for her,) she was able to win the seat.

Burch -Walser had promised that she would stand up to David Arciniega and conduct all investigations and hearings related to his actions that were requested. She also promised to form the committees required under the by-laws that had not been in place for years due to Arciniega including the Ethics and A & D Committees. She promised to totally clean up the A & D process and follow the proper protocols and procedures and for the first time in years have fair hearings. She promised that she would do what was right no matter what Arciniega pulled.

Those of us that voted for her feel totally betrayed and misled. She has done nothing that she promised to do. She has the duty to step up if David Arciniega refuses to act and could resolve all these issues, but she cowers in fear and does nothing.

1.2 Vice President: The Vice President shall act in the place and stead of the President in the event
of his absence, inability or refusal to act, and shall exercise and discharge such duties as may be
required of him by the Board. He shall chair the Appeals and Disciplinary Committee, and is
the official delegate of the Association to the NTSSA.

A number of current and former directors have been communicating with veteran coaches and they have stated flat out that David Arciniega needs to go. The GSA board is hopelessly divided into the directors wanting to run things honestly and those that are rubber stampers for David Arciniega. None of us that know Arciniega needs to be removed are vengeful or prone to gossip. There are so many serious issues in Garland Soccer and most of them trace back to Arciniega. Arciniega running this organization in a shroud of secrecy, openly flouting by-laws and creating a hostile environment with everyone afraid to speak out for fear of retaliation is destroying this organization. There is nothing personal here.

It is about following fiduciary duties as prescribed by state law and running this charity openly and honestly. If US Youth doesn't step in immediately, there will be almost nothing left of GSA to save. The board is totally divided and the veteran coaches are totally fed up. As No Confidence votes will never be let past Arciniega and his rubber stampers so the coaches may have their rightful say, the coaches will have no choice but to dissolve this corrupt organization and demand US Youth step in to supervise rebuilding ti from scratch.

Plano is the association everyone wants to play in and there are many reasons why

Injuries and Prevention

Plano Youth Soccer provides onsite professional athletic training/medical staff at Russell Creek Park and Carpenter Park for weekend games.
Trainers provide immediate medical attention for game day injuries, but also offer support services such as ankle taping.
PYSA is the only recreational soccer league in DFW to offer medical/athletic training services during league play.

They also have the following on their website:

.....
Steve's Websites:
Sports Med Central - injury prevention and treatment videos
SoccerSmart.org - valuable information and resources for the prevention and management of injuries common among youth soccer players.

---

Other Resources

ACL Prevention Video
Steve Parker's Checklist for Head Injuries in Youth Sports
Concussion FAQ

I and several other directors begged for First Aid and CPR training for directors and coaches and directors on duty at all times to help on the fields, but as usual David Arciniega refused to implement any safety improvements for our kids. Many more teams will leave Garland to benefit from the excellent services in Plano!

Ultimate Exposures.JPG

No doubt Charles Cummings at Ultimate Exposure will run for the hills. In fall 2014 he was left to deal with Mrs. Sex Offender who completely ignored him and did not do her job as the Publicity and Awards director. I came up to photo day and asked how he was doing. He knew me as a longtime coach/manager and director and said the Publicity and Awards director had not been responding to him at all. I gave him my contact info and assured him that the VP and I would do anything needed to assist him. He was horrified to find out that the Publicity and Awards Director's chauffeur/husband was a registered sex offender with a child victim. No one wanted that scary couple around the kids, so her not showing up as expected on photo day was something of a relief on that front.

Ultimate Exposures paid for advertising for GSA, but as GSA's reputation is really bad now and the number of players and teams are plummeting I expect that he will bail. Ultimate Exposures is in business to make money and doesn't have the time to deal with GSA's horrific problems. GSA and UE are businesses. Why is GSA not run like one?

[QUOTE]09/10/2015			MOTION - CONTINUANCEJoint Motion for Continuance and Entry of Agreed Scheduling Order

Trial date in May 2016 proposed. I bet the board of directors has no idea what is going on. This sordid saga just keeps dragging on while Garland Soccer implodes and the kids leave their own hometown to play elsewhere.

Neighboring soccer association says:

PASO Board Meeting Schedule & Minutes


In accordance with the PASO League Bylaws the board meets regularly and minutes are recorded. Once the minutes are approved, according to procedure, they are posted. Board meetings are open to the public and may be attended by anyone wanting to learn more about how the board operates or wishing to address the board.

Unless otherwise indicated all PASO board meetings are held at 6PM on the third Sunday of each month at the Prosper Town Chambers: 108 W. Broadway, Prosper TX.

2015 Board Meeting Minutes

January	February	March	April
May	June

From: Heather Dobrott
Sent: Friday, March 01, 2013 9:38 PM
To:
Subject: Thank You Coaches

	Garland Soccer Association	www.garlandsoccer.com

Dear Coaches,

Thank you so much for volunteering this season to work with the kids! You are what makes Garland Soccer wonderful!

I want to thank you for the opportunity to serve all of you as your representative on the GSA board. I am your liaison to the board. Please let me know if you have any questions or concerns that need to be addressed.

The board meetings are on the first Monday of every month at 7:00 p.m. and are open to the public. Our next meeting is on Monday March 4th at 7:00 p.m. We meet at the office on 1917 Apollo Rd. I hope you all will feel welcome to join us any time.

I want to encourage all of you to get more involved. The next election will be at our May GSA meeting. I hope you will get to know your board and come out and vote.

I will be out at the fields and look forward to seeing all of you out there!!!

Thanks,

Heather Dobrott
U6 Girls Director
972 496-3649

On Mar 1, 2013, at 10:59 PM, U12director@garlandsoccer.com wrote:

	Garland Soccer Association	www.garlandsoccer.com

Hello Coaches Reminder GSA Board March 4 -Monday at GSA office 7pm 1917. Apollo rd. Garland Be involved Come. See how the GSA Board representing you

From: Heather Dobrott
Subject: Board Meetings Open ot Members?
To: jcampbell@ntxsoccer.org
Date: Monday, March 4, 2013, 6:02 PM
Dear Ms. Campbell,

I am the U6 Girls Director for the Garland Soccer Association. All of you at NTSSA have been so helpful to me in the past. I was hoping you could kindly direct me to information concerning youth soccer association board meetings. Are these meetings open to the members? Are they generally open to the public? What issues would necessitate a closed session?

The following e-mails sent out to Garland coaches got a very negative response from our board president and another board member. I would appreciate clarification on the policies related to board meeting attendance. I very much want to encourage our coaches to give us more feedback and get more involved.


Thanks,

Heather Dobrott
U6 Girls Director

From: projsocc@yahoo.com [mailto:projsocc@yahoo.com]
Sent: Wednesday, March 06, 2013 5:57 PM
To: 'Heather Dobrott'
Cc: 'Campbell'; 'Billy Babcock'
Subject: RE: Board Meetings Open to Members?

Heather,
This email was forwarded to me by Janet since this is my area.
Board meetings can be either open or closed to their members or guests. Typically if a meeting is not declared as closed it is generally understood to be open. We encourage our associations to have open meetings as much as possible and practical. There are times when meetings (due to the agenda and content) where meetings can be considered special meetings or closed. Regular open meetings can also go into executive session where all parties must vacate the premises if confidential material needs to be discussed. Executive sessions have special requirements where discussion is free but no actions are taken and no minutes are kept. An example would be if you wanted to discuss contract details between bid proposals. Once executive session has ended the meeting can resume and then action may be taken by the board. Using the above scenario as an example, the sealed bids may be presented in regular session, and executive session called for closer examination and a determination on which bid to select. Executive session ends and then the official vote taken. The only reflection in the minutes would be the bids presented and voted on by the board. Executive session also carries confidentiality and privilege so no discussion outside the executive session may be relayed to parties not present during executive session.

I hope this helps, but feel free to email me back if you have additional questions.

Sincerely,
David Crawford
NTSSA VP-Development

Why is David Arciniega operating Garland Soccer in a shroud of secrecy? Why did Arciniega and his goon squad harass me for insisting the charity be operated in an above board and transparent manner as the IRS regulations and state law require? Why is the meeting location secret and held in a place with no parking for guests? Why is Arciniega openly flouting what North Texas State Soccer is instructing him to do? About the only thing Garland should close a meeting for is background check appeal. What else would be secret in a youth sports charity???

The board is so totally corrupt that the coaches will have no alternative but to dissolve the board and ask US Youth to step in reorganize this disaster of a charity. David Arcinega and his goon squad are completely out of control!

Major league soccer teams with as few as 12 players and games start in 2 days??? Another low roster season that will destroy teams and run off many players and their families. How many years is this mismanagement going to go on? A team my team played against several years ago only had 12 on the roster and folded after that 1 season. As far as I know, only 2 of those players came back in the spring to play soccer again. The numbers are going to continue to plummet until things change drastically.

GSA also has some real competition in the quality of meetings. I hear that Dallas East Soccer served food and had beer at their meeting this week. Couldn't Garland at least offer their coaches a light meal and drinks at these torture sessions?

Garland Soccer continues to implode. 1 team has folded and another still has no coach after the season has started. Teams with no coach should not even be scheduled to begin with. Completely disorganized and chaotic.

David Arciniega is incompetent. The organization continues its downhill plunge under his leadership even as housing prices soar and Garland grows with new companies coming in.

The team counts are abysmal:

fall 2014 234
spring 2015 207
fall 2015 191 or 192 depending on the no coach team's final status.

public-schedule.pdf

http://www.realscam.com/f14/heather-...html#post88448

I just got a Valpak coupon for Garland Soccer in the envelope I received in the mail yesterday, September 16th. Games are already in progress. The youngest teams are full and cannot take any more players. The older teams are short, but now these kids will come in after the first game and the coach will have to order more uniforms and put kids in a game that they have never laid eyes on before. That runs off coaches and these latecomers (players) often don't return as they have a bad experience.

The coupon tells parents that there is a $10 late fee after August 15th. Hello, registration should have ended long ago and early registrants should have been offered an incentive discount. This dishonest ad also talks of teams formed every season, when schedules were out almost 2 weeks ago and no more teams could be formed now. No other association is taking players now. Almost all the neighboring associations ended registration around July 30th. This complete chaos and total disorganization is why so many are leaving unhappy and the numbers for GSA continue to plummet. When are US Youth and North Texas State Soccer going to come in an clean up this mess?

John Sutter | CoVerica Insurance

John Sutter

Vice President

972-490-2226

Bio Coming Soon!

Texas Department of InsuranceInsurance Licensing Search and Renewal




Agent Profile

You may renew your license online up to 90 days prior to your license renewal date. Paper license renewals will be mailed at least 90 days prior to a license renewal date.

JOHN GERARD SUTTER
2676 WATERFORD WAY
CARROLLTON, TX 75006

License/Registration	License/Reg Type	Qualification	Most Recent Issue Date	Exp Date	Status
102392	Risk Manager		11/01/1990	11/01/2016	Active
712236	General Lines Agent	Life, Accident, Health and HMO	12/12/1980	11/01/2016	Active
712236	General Lines Agent	Property and Casualty	03/31/1986	11/01/2016	Active

John Sutter, the president of US Youth Soccer is a licensed insurance agent in Texas. Does he conduct his insurance business the way he conducts business for the national youth soccer charity? Though he promised to investigate Garland Soccer and look into the financial issues and many other serious concerns, he has never completed the promised investigation. As usual no decision letter was prepared and no update given. US Youth, NTSSA and Garland Soccer do not follow their by-laws and grievances and appeals are not promptly resolved.

The following issues in Garland Soccer need to be investigated:

1. Garland’s children were harmed by sexual predator Bernardo Mondragon-Guzman. Garland Soccer made numerous promises in the media. “We’re going to do everything we can to protect our children. And if we need to change things, we’ll do, we’ll change things,” David Arciniega blocked every attempt I made to institute proper policies and procedures to keep Garland’s children safe. Garland Soccer has done nothing in response to children being raped.
2. A director married to a registered for life, level 2 sex offender with a child victim was letting him handle rosters and other records. This director did not drive and this offender accompanied her everywhere. The president insisted on keeping her on the board knowing the sex offender would be around at every soccer activity possibly putting our children in danger. This clearly violated Garland’s Loitering ordinance.
3. This same director and her husband were bragging that they would be meeting the association president, David Arciniega, to discuss construction work for GSA when no open bidding was in progress.
4. $8,000.00 of “missing funds” has no proper documentation as the board is routinely denied documentation by David Arciniega.
5. Garland Soccer Association president, David Arciniega, lied to the GSA member coaches about those “missing funds” claiming there was ongoing litigation between the software provider, Jevin and the payment processor, Corduro. 2 years later no litigation is on record anywhere.
6. A former Coach and director were brought up on phony charges when the player pool placed children of the correct age with their coaching parents. Why would children be placed on teams competing against their own parent's teams?
7. The president, David Arciniega, runs this organization like a dictatorship and flouts the GSA, North Texas State and US Youth Soccer by-laws.
8. State law concerning fiduciary duties is not being followed.
9. Elections in Garland Soccer have been rigged for years.
10. Arciniega filed a No Confidence Petition in an attempt to remove a director who spoke on behalf of a candidate running against him. Members are afraid to vote their conscience.
11. The number of players and coaches are dropping as folks leave unhappy with their experience in Garland Soccer.
12. Garland Soccer has lost almost all of its interleague play with neighboring associations. Richardson, Wylie and Chamber Classic have left Garland Soccer. Plano Soccer will not invite us to join them all. The U13 and up depend on interleague to have enough teams to play in their correct age groups.
13. The coaches are shut down at meetings and their voices are not heard.
14. The Garland Soccer Association is operated in a shroud of secrecy even though it is in fact a 501 c 3 charity and should be completely transparent.
15. Members of the association and the public have not been welcomed to the board meetings.
16. Board meeting agendas, board meeting minutes and board member reports are kept secret.
17. GSA has no Ethics Committee as North Texas State requires as Arciniega refuses to form one.
18. GSA has no A & D Committee as required by the by-laws as David Arciniega refuses to allow one to be formed. The A & D process is completely broken and as protocol and procedures are totally flouted all of the hearings are illegal.
19. David Arciniega and Kim Verity refused to issue A & D decision letters in direct violation of North Texas rules which places Garland Soccer NOT in Good Standing.
20. A hearing that was called to decide the placement of a child that was placed on his own father's team by the player pool was called by David Arciniega without informing this coach that the placement of his child was being decided.
21. The Garland Soccer website is not in Spanish though there have been numerous requests over the years for that to happen as much of GSA’s player base is simply not being served.
22. Garland Soccer puts kids in soccer that are in danger themselves and a danger to others as there is no TOPSoccer program in place for kids that would benefit from it. I was working to form a league for special needs players before Arciniega pushed me out. Now, that has been dropped and these wonderful kids are not being served.
    
    
    Garland Soccer is totally corrupt! How did David Arciniega get elected to the NTSSA state board when he totally mismanages Garland Soccer and does not deal honestly? I should not have had to file suit to get the issues in Garland resolved for our kids and coaches.

This organization has coaches in fear of retaliation if they speak out. It is a hostile and unwelcoming environment.

Check out my on camera interview:
Garland Soccer Coach Arrested for Child Indecency | CW33 NewsFix

From: John Sutter [mailto:john.sutter@CoVerica.com]
Sent: Friday, March 20, 2015 3:32 PM
To: 'Heather'
Cc: jsutter@usyouthsoccer.org; 'egill@usyouthsoccer.org'; Chris Moore (cmoore@usyouthsoccer.org); 'Rob Martella'; 'Todd Roby | US Youth Soccer'; bpodewils@usyouthsoccer.org; jharrell@usyouthsoccer.org; 'squreshi@usyouthsoccer.org'
Subject: Heather Dobrott vs. Garland Soccer Association / David Arciniega

Dear Ms. Dobrott:

I apologize for the delay in responding to your initial email.

As the traditional application of the Bylaw you cited has previously been used almost exclusively in response to filed criminal actions, we are currently evaluating the civil suit against Garland Soccer Association and David Arciniega for Bylaw applicability and jurisdiction.

As we do not have a corporate General Counsel, I ask your indulgence for the time involved in our review process.
I expect the review to conclude in the very near future.

Sincerely,

John

John Sutter Chairman US Youth Soccer
jsutter@usyouthsoccer.org www.usyouthsoccer.org

From: Heather
Sent: Friday, March 20, 2015 2:04 PM
To: jsutter@usyouthsoccer.org; egill@ysyouthsoccer.org; cmoore@usyouthsoccer.org; rmartella@usyouthsoccer.org; troby@usyouthsoccer.org; bpodewils@usyouthsoccer.org; jharrell@usyouthsoccer.org; squreshi@usyouthsoccer.org; ssnow@usyouthsoccer.org; jparker@usyouthsoccer.org; nnottke@usyouthsoccer.org; chouseknecht@usyouthsoccer.org; mfreitag@usyouthsoccer.org
Subject: Heather Dobrott vs. Garland Soccer Association / David Arciniega

The courtesy of a reply would be very much appreciated.

From: Soapboxmom
Sent: Tuesday, March 10, 2015 10:42 AM
To: 'jsutter@usyouthsoccer.org'; 'egill@ysyouthsoccer.org'; 'cmoore@usyouthsoccer.org'; 'rmartella@usyouthsoccer.org'; 'troby@usyouthsoccer.org'
Subject: Heather Dobrott vs. Garland Soccer Association / David Arciniega

Please find following links to US Youth Soccer By-laws that pertain to litigation and terminations and the suit against Garland Soccer Association and David Arciniega. Please accept this as my formal request for U.S. Youth Soccer to take action in regard to Mr. Arciniega in accordance with said by-laws.

http://www.realscam.com/f14/heather-...885/#post83070

http://www.realscam.com/f14/heather-...ociation-3885/


Sincerely,

Heather Dobrott
Administrator for Realscam.com

By-laws say:

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

Low roster counts are a horrific problem and getting much worse. Major league teams are out there with no subs and as the season goes on they will be forced to play short the number of players needed on the field. Combining age groups is proving disastrous in this already difficult situation.

Coaches are also expressing serious concern over the quality of the officiating. Garland Soccer has been bleeding referees for years. The major league will disappear as there will not be enough teams to form any leagues. Several divisions are already playing with only 3 teams and those teams all play one another 5 times each.

If US Youth Soccer and North Texas State do not step in and take drastic action there will be little left of Garland Soccer to save. The corruption and mismanagement are sinking GSA like the Titanic.

Compass Point, by Jan Masaoka
1
DRAFT - Board Member Agreement
I, _____________ understand that as a member of the Board of Directors of the XXX
organization. I have a legal, fiduciary and moral responsibility to ensure that XXX does
the best work possible in pursuit of its goals. I believe in the purpose and the mission
of XXX, and I will act responsibly and prudently as its steward.
As part of my responsibilities as a XXX board member:
1. I will interpret the XXX's work and values to the community, represent the organization,
and act as an enthusiastic ambassador. I will be able to do these things because I have
been given sufficient opportunities to fully understand XXX’s vision, mission, investment
strategy and other key organizational information.
2. I will make XXX’s work a priority for my time by attending at least 75% of board
meetings, committee meetings and special events.
3. I will demonstrate my personal commitment to the work of XXX by making a personal
financial contribution at a level that is meaningful to me.
4. I will actively participate in other fundraising activities, whenever appropriate.
5. I will act in the best interests of the organization, and excuse myself from discussions
and votes where I have a conflict of interest. I will observe bias in my response to
financial decisions and take care to disclose those, as well. I will sign the XXX statement
of conflict of interests on an annual basis and list my potential conflicts with any
decisions to be made at a given meeting.
6. I will participate in board education activities. I will stay informed about what's going on
at XXX, in our community and the field. I will ask questions and request information. I
will seek to understand how best to manage our risks, but I will seek to encourage
optimism and boldness in our organizational strategies. I will participate in and take
responsibility for making decisions on issues, policies and other board matters.
7. I will work in good faith with staff and other board members as partners towards
achievement of our goals.
8. I will expect my time to be strictly respected and that every attempt will be made to use
my time strategically and for matters of real importance to XXX.
9. If I don't fulfill these commitments to the organization, I will expect the board president
to call me and discuss my responsibilities with me.
In turn, XXX will be responsible to me in several ways:
1. I will be sent, without request, quarterly financial reports and an update of
organizational activities that allow me to meet the "prudent person" section of
the law.
2. Opportunities will be offered to me to discuss with the executive director and the
board president the organization's programs, goals, activities, and status;
additionally, I can request such opportunities.
3. Board members and staff will respond in a straightforward fashion to questions I
have that I feel are necessary to carry out my fiscal, legal and moral
responsibilities to this organization. Board members and staff will work in good
faith with me towards achievement of our goals.
4. If the organization does not fulfill its commitments to me, I can call on the board
president and executive director to discuss these responsibilities.
Signed:
________________________________
Date: ___________________
Member, Board of Directors
________________________________
Date: ___________________
President, Board of Directors

Straight from US Youth Soccer. This clarifies many issues I brought up. David Arciniega openly flouts these policies thus violating numerous by-laws, state laws and IRS regulations. When are his lies and the shroud of secrecy going to end?

David Arciniega insists on retaining errant directors that do not attend meetings and fulfill their duties. David Arciniega keeps records secret from the board and denies them access to records in the office that are needed for directors to fulfill their fiscal, legal and moral responsibilities to Garland Soccer. The office manager will not allow board members any access to records.

Garland Soccer has been driving off players and coaches in now record numbers. The organization has clearly been in crisis for the last several years due to the mismanagement and dishonest dealings of the president, David Arciniega.

One of the errant directors who had been boasting that David Arciniega was going to meet her and her husband to privately discuss construction work for GSA also had a member of law enforcement discuss that that was totally inappropriate and a conflict of interest with her. That member of law enforcement was also concerned that her sex offender husband Stephen Luke Martin Certified Criminal Records.pdf was involved with the soccer association. So, Arciniega's antics are no secret at all!

I pointed out that David Arciniega was not fulfilling his obligation to the board members, but NTSSA and US Youth let this clown run a dishonest operation where the environment is hostile and intimidation and harassment goes on unchecked. Garland Soccer's implosion reflects badly on every association under North Texas and on US Youth Soccer itself as it speaks to their unwillingness to follow their own by-laws and investigate and their horrific mismanagement as well.

Fraudulent or Dishonest Conduct & Whistleblower Policy Statement

The United States Youth Soccer Association, Inc. will investigate any possible fraudulent or dishonest use or misuse of the Association’s resources or property by management, staff, volunteers, or members. Anyone found to have engaged in a fraudulent or dishonest conduct is subject to disciplinary action by the Association.

All members of the Association community are encouraged to report possible fraudulent or dishonest conduct (i.e., a whistleblower). An employee should report his or her concerns to a supervisor or manager. If for any reason an employee finds it difficult to report his or her concern to a manager or supervisor, the employee can report it directly to the President, General Counsel, Executive Director or Director of Membership and Business Operations.

Managers or supervisors are required to report suspected fraudulent or dishonest conduct to the President, General Counsel, Executive Director or Director of Membership and Business Operations.
For more information about definitions, rights and responsibilities, procedures, and contacts read the following.

Definitions
Baseless Allegations: allegations made with reckless disregard for their truth or falsity. People making such allegations may be subject to institutional disciplinary action.

Fraudulent or Dishonest Conduct: a deliberate act or failure to act with the intention of obtaining an unauthorized benefit. Examples of such conduct include, but are not limited to:
o forgery or alteration of documents
o unauthorized alteration or manipulation of computer files
o fraudulent financial reporting
o pursuit of a benefit or advantage in violation of the Association’s conflict of interest policy
o misappropriation or misuse of the Association resources, such as funds, supplies, or other assets
o authorizing or receiving compensation for goods not received or services not performed
o authorizing or receiving compensation for hours not worked

Whistleblower: an employee who informs a manager, supervisor or the President, General Counsel, Executive Director or Director of Membership and Business Operations about an activity which that person believes to be fraudulent or dishonest.

Rights and Responsibilities

Managers or Supervisors

Managers or supervisors are required to report suspected fraudulent or dishonest conduct to the President, General Counsel, Executive Director or Director of Membership and Business Operations. In addition, managers or supervisors are responsible for maintaining a system of management controls, which detect and deter fraudulent or dishonest conduct. Failure by a manager or supervisor to establish management controls or report misconduct within the scope of this policy may result in adverse personnel action against the manager or supervisor, up to and including dismissal. The President, General Counsel, Executive Director or Director of Membership and Business Operations are available to assist management in establishing management systems and recognizing improper conduct.

Reasonable care should be taken in dealing with suspected misconduct to avoid:
o baseless allegations
o premature notice to persons suspected of misconduct and/or disclosure of suspected misconduct to others not involved with the investigation
o violations of a person's rights under law
Accordingly, a manager or supervisor faced with a suspected misconduct:
o should not contact the person suspected to further investigate the matter or demand restitution
o should not discuss the case with anyone other than the President, General Counsel, Executive Director or Director of Membership and Business Operations.
o should direct all inquiries from any attorney retained by the suspected individual to the General Counsel
o should direct all inquiries from the media to the President or the Executive Director.


Whistleblower Protection

The Association will protect whistleblowers as follows:
o The Association will use best efforts to protect whistleblowers against retaliation, as described below. It cannot guarantee confidentiality, however, and there is no such thing as an "unofficial" or "off the record" report. The Association will keep the whistleblower's identity confidential, unless (1) the person agrees to be identified; (2) identification is necessary to allow the Association or law enforcement officials to investigate or respond effectively to the report; (3) identification is required by law; or (4) the person accused of Fraud Policy violations is entitled to the information as a matter of legal right in disciplinary proceedings.
o Association employees may not retaliate against a whistleblower with the intent or effect of adversely affecting the terms or conditions of employment (including but not limited to, threats of physical harm, loss of job, punitive work assignments, or impact on salary or wages). Whistleblowers who believe that they have been retaliated against may file a written complaint with the Executive Director or President. A proven complaint of retaliation shall result in a proper remedy for the person harmed and the initiation of disciplinary action, up to and including dismissal, against the retaliating person. This protection from retaliation is not intended to prohibit managers or supervisors from taking action, including disciplinary action, in the usual scope of their duties and based on valid performance-related factors.
o Whistleblowers must be cautious to avoid baseless allegations (as described earlier in the definitions section of this policy).



Contacts
Questions related to the interpretation of this policy should be directed to:


Jim Cosgrove
Executive Director
US Youth Soccer
9220 World Cup Way
Frisco, TX 75034

Effective Date 12/03/05

US Youth does not follow these policies. US Youth has jurisdiction over North Texas State and Garland Soccer. As GSA and NTSSA clearly refuse to follow the policies set forth by US Youth, then US Youth should take jurisdiciton and deal with the issues in Garland Soccer.

I reported possible felony financial fraud, sex offenders having access to children and records, records being kept secret in violation of by-laws, state laws and IRS regulations and other very serious matters. I was constantly harassed and intimidated for doing the right thing. I had to fight a bogus No Confidence Petition that was filed to retaliate against me for going to the police about missing money, filing proper grievances with NTSSA and for voting for a candidate running against David Arciniega for president. Since when can charity members be removed from office for voting for what they deem the most qualified and honest candidate? I was brought up on phony charges because the player pool placed a child on his father's own team. Why on earth would GSA have a child play on an opposing team in the same age group as his parent's team? What families would play and coach under those circumstances.

I was constantly humiliated and undermined by David Arciniega in front of the board for rightly demanding documentation and asking necessary questions in an effort to see things were run honestly and above board. US Youth was informed of these egregious problems and even sent a courtesy copy of the lawsuit before it was filed to try and get action taken according to the by-laws. US Youth, North Texas and Garland Soccer are all part of the good ol' boy gang and everything gets swept under the rug.

Guideline E, Personal Conduct
AG ¶ 15 expresses the security concern pertaining to personal conduct:
Conduct involving questionable judgment, lack of candor, dishonesty, or
unwillingness to comply with rules and regulations can raise questions
about an individual's reliability, trustworthiness and ability to protect
classified information....

AG ¶ 16 describes a condition that could raise a security concern and may be
disqualifying in this case:
(e) personal conduct, or concealment of information about one's conduct,
that creates a vulnerability to exploitation, manipulation, or duress, such
as (1) engaging in activities which, if known, may affect the person's
personal, professional, or community standing....

I have worked with various law enforcement agencies and authorities over the years. In light of this quoted information I have made the necessary formal complaints. How the dishonesty, manipulation, harassment, open flouting of by-laws, state non-profit laws and IRS regulations is allowed to go on in Garland Soccer is beyond me. My reputation has been ruined by David Arciniega and his goon squad for doing the right things and what was necessary to run this charity as by-laws, state laws and IRS dictate. This abuse will not go unchecked.

“The general standard is that a clearance maybe granted only when ‘clearly consistent with the interests of the national security.’” Department of the Navy v. Egan, 484 U.S. 518, 528 (1988). See also Directive, Enclosure 2 ¶ 2(b): “Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”

Garland Soccer is a charity run under a shroud of secrecy. The "missing funds" issue has no paper trail. President David Arciniega refused to produce any documentation period. He flat out lied to the coaches about the nature of the problem. The wild tale of litigation was a complete fabrication and the board and members have never gotten the truth.

Though a multitude of promises were made in the media, Garland Soccer has made no changes in policies and procedures, education of parents, players and coaches or increased oversight in response to children being harmed by a sexual predator.

Arciniega keeping a director that couldn't drive that was married to a registered for life level II sex offender with a child victim. That director and her husband were running around bragging that David Arciniega was going to meet them to discuss construction work for Garland Soccer. Garland Soccer had no open bidding in progress and it was a clear conflict of interest. A member of law enforcement will concur that this was discussed.

Phony charges for children being placed on their own parents team when they are the correct age and filing a No Confidence Petition against a director in order to harass them for voting for who they deemed the best candidate for the office of president, going to NTSSA for help and reporting the "missing funds" to the police also show that David Arciniega is dishonest, manipulative, and clearly not trustworthy.

Operating Garland Soccer without regard to the by-laws, state non-profit laws and IRS regulations clearly demonstrate that this individual is to be doubted and his trustworthiness is very questionable.

Should the City of Garland allow this group to use city fields under these conditions? Should the taxpayers demand the City Council and Parks and Rec complete their investigation and demand changes?

I hope the Department of Defense will do a real thorough investigation and ge to the gottom of what's been going on for years.

AG ¶ 16 describes conditions that could raise a trustworthiness concern and may be disqualifying. The following disqualifying condition is potentially applicable:
(e) personal conduct, or concealment of information about one’s conduct, that creates a vulnerability to exploitation, manipulation, or duress, such as . . . engaging in activities which, if known, may affect the person’s personal, professional, or community standing.

AG ¶ 16 describes conditions that could raise a security concern and may be disqualifying in this case. The following disqualifying condition is potentially applicable:
(c) credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any other single guideline, but which, when considered as a whole, supports a whole-person assessment of questionable judgment, trustworthiness,
unreliability, lack of candor, unwillingness to comply with rules and
regulations, or other characteristics indicating that the person may not
properly safeguard protected information.

AG ¶ 16 describes conditions that could raise a security concern and may be disqualifying in this case. The following disqualifying condition is potentially applicable:
(a) deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment
qualifications, award benefits or status, determine security clearance
eligibility or trustworthiness, or award fiduciary responsibilities.

How did David Arciniega get past a nominating committee and get to run for office in North Texas State Soccer in light of the shenanigans going on in Garland Soccer? It is high time a thorough investigation is completed and the findings made public as this is a charity that is supposed to be serving the children of Garland.

David Arciniega assured the coaches that the lawsuit would be over in June 2015. Well, attorney O. Luke Davis III has bailed. I suspect Davis was being paid by North Texas State Soccer Association as they have continued to flout their by-laws and support David Arciniega and protect him from legitimate complaints on numerous fronts. North Texas State Soccer is corrupt plain and simple and the member associations need to take a stand. Was NTSSA unwilling to keep funding the legal costs (if they were indeed paying?) Did Davis withdraw as David Arciniega wasn't producing documents and properly citing by-laws for him?

The new attorneys I suspect are under the insurance company, Pullen Insurance. I bet those attorneys will not be amused by David Arciniega citing only 1 by-law and producing no documents in response to my requests. They will have lots of fun reading the 1300+ pages I turned over so far. A Motion to Compel was forthcoming before my attorney graciously agreed to the substitution.

Will these attorneys go forward representing both Arciniega and the charity? I know there are board members that are painfully aware of how dishonestly things have been run and that are unwilling to lie for Arciniega. The attorneys hands will be tied by those honest directors. One current director was brought up on the same phony charges for a child being placed on his father's team (by the player pool with no involvement by us whatsoever.) I bet the board doesn't even know what is going on. Not to mention representing multiple parties is almost never advisable.

09/10/2015			NON-SIGNED PROPOSED ORDER/JUDGMENTProposed Order Setting Trial Date and Deadlines
09/10/2015			NOTE - CLERKSORDER SETTING TRIAL DATE AND DEADLINES SUBMITTED TO ADMIN QUEUE
10/01/2015			MOTION - SUBSTITUTION OF COUNSELAGREED MOTION TO SUBSTITUTE COUNSEL
10/01/2015			NON-SIGNED PROPOSED ORDER/JUDGMENT
10/01/2015			NOTE - CLERKSORDER SUBS COUNSEL - ADMIN QUE
01/04/2016			Non Jury Trial (8:30 AM) (Judicial Officer MOLBERG, KEN)

http://www.mississippisoccer.org/Assets/D+and+O+Ins.pdf

Who Does a Non-Profit Liability
Cover?
•
Covers the organization and insured
individual
•
Insured individual means:
–
Duly appointed or elected director, trustee or
officer, employee, volunteer or member of the
staff and duly constituted committee of the
organization......

Key Exclusions
•
Fraudulent or dishonest acts
•
Bodily injury claims, sickness, disease
•
Property damage claims
•
Breach of contract claims except for EPL
claims
•
Failure to maintain insurance
•
Insured vs. Insured except for EPL claims
•
Prior known and reported wrongful acts

Pullen Insurance is the same company that provides coverage for North Texas. I have been sued for my blogging, so I was already well aware of how all this works. I kicked a$$ in Summary Judgment and round 1 in those cases as I had never made a false statement of fact or done anything wrong.

David Arciniega may have a real problem now as the lawsuit centers around his dishonest acts. Arciniega's handling of the "missing funds" and flouting state non-profit law, by-laws and IRS regulations concerning the proper running of a non-profit will be among the issues the insurance attorneys will be looking at. His filing charges against me for the child placed on the team by the player pool and refusing to issue the required decision letter, the phony No Confidence Petition he was behind to harass me for demanding documentation on the money issue and for voting against him in an election will be evaluated. The questionable handling of elections and his refusal to follow the GSA, NTSSA and US youth by-laws in numerous other circumstances will also be weighed. The insurance may well refuse coverage. In a nutshell the attorneys work for the insurance company period!

Note to anyone still following and worshiping David Arciniega. Hyperbole, opinion and well stupidity are generally not actionable. As for everything else, good luck getting the insurance to cover it......