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

Register of Actions
Case No. DC-15-02572

Heather Dobrott vs. Garland Soccer Association, Inc., et al

§ § § § §

Case Type: OTHER (CIVIL) Date Filed: 03/06/2015 Location: 95th District Court

				Lead Attorneys
DEFENDANT	Arciniega, David
DEFENDANT	Garland Soccer Association, Inc.
PLAINTIFF	Dobrott, Heather			SUSAN JOHNSON FOSTER Retained 972-673-0440(W)

			OTHER EVENTS AND HEARINGS
03/06/2015			NEW CASE FILED (OCA) - CIVIL
03/06/2015			Attachment 9657 Plaintiff's Original Petition
03/06/2015			CASE FILING COVER SHEETCivil Case Information Sheet
03/06/2015			CORRESPONDENCE - LETTER TO FILERequest for Service

Coach Accused Of Sex Abuse Is Illegal Immigrant « CBS Dallas / Fort Worth

Quote:

---

“I was shocked. We were all shocked and saddened that it’s happened,” said Kimberly Verity.
“We deal with many children and parents. We’ve never had anything like this before. It’s heartbreak,” said Don Starkey.
Both sit on the board of the Garland Soccer Association. Verity is the Vice President of the association. Starkey is the Facility Director.
Verity said the Garland Soccer Association started paying an organization to conduct an extra background check on their coaches two years ago even though their parent organization, the North Texas Soccer Association, has always and still conducts background checks.
“I know we do that every year on every single coach,” Verity said.
When told Mondragon-Guzman turned out to be in the country illegally, she said, “That’s what I’ve heard. That’s what I’ve heard.”
They don’t know how Bernardo Mondragon-guzman slipped through.
“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,” Verity said.

---

Ex-Garland soccer coach sentenced to prison for molesting players | Dallas Morning News

Garland Soccer Association
SA 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:
Crystal Martin
Referee Director:
Robert Mayfield
Referee Assignor:
Gayle Brandt
U4 - U6 Director:
Celeste Gonzales
U7 - U8 Director:
Michelle Keramidas
U9 - U10 Director:
Jesse Flores
U11 - U12 Director:
Rachel Beltran
Major League Director:
Don Shell

https://records.txdps.state.tx.us/Se...ND_IDN=7176854

Attachment 9654


Luke & Dad Construction Business Review in Rowlett, TX - Dallas Texas BBB

http://www.altru.com/resources/Altru...sureUpdate.pdf

Quote:

---

Duty of Care
The responsibilities of non-profits’ boards of directors have been defined as including the following activities:
•
Establishing and overseeing the organization’s policies;
•
Monitoring the conduct of the staff to ensure the organization is being properly managed;
•
Reviewing the organization’s finances, including approving the annual budget, to ensure resources are expended only to further organizational activities;
•
Defining, modifying and communicating the organization’s mission;
•
Hiring and firing the chief executives and establishing compensation for the executive leadership;
•
Securing the resources necessary to enable the organization to fulfill its mission;
•
Serving as an advocate for the organization;
•
Ensuring compliance with rules or standards established by law, mandated by accreditation agencies, or required by the organization’s articles of incorporation and bylaws;
•
Recruiting new board members and evaluating the performance of fellow board members;
and
•
Establishing procedures to ensure that each board member understands and complies with his or her duties as a board member.

Directors and officers must not willfully avoid learning information that, if known, would reveal problems in the organization.

---

http://www.sos.state.tx.us/corp/forms/802_boc.pdf

Quote:

---

7—Officers:
Provide the name, address, and title of each officer. The officers of a corporation must include a president and a secretary and may also consist of one or more vice-presidents, a treasurer, and such other officers and assistant officers as may be deemed necessary.

---

http://www.asha.org/uploadedFiles/Le...sibilities.pdf

Quote:

---

A board member cannot rely on the association’s
shield for actions taken by him or at his direction
that result in civil or criminal liability. Thus, a
board member playing an active role in tortious
conduct (e.g., slander or libel against a third
party) could be held personally liable for damages.

---

Attachment 9655

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.

Regarding President David Arciniega the United States Youth Soccer Association states:

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

---

Following is the quote of what David Arciniega said at the September 2013 general coaches meeting and that was mailed out to our coaches in November of 2013 in the meeting minutes:

Quote:

---

GSA receives it largest income from the registration fees so all income must match the data in the Jevin System daily. Jevin/online provider owed GSA $8,061 (in June 2013) which was paid in full to GSA as of August 20^th. To compensate GSA for this delay, Jevin will lower its rates resulting in additional revenue for GSA. Litigation is on-going between the online provider and Jevin so additional information may not be divulged per the North Texas lawyers.

---

There was never any litigation filed.

North Texas State Soccer Association (501 c 3 over Garland Soccer Association) says:

Quote:

---

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.

---

http://www.ntxsoccer.org/assets/pdfs...Point_2011.pdf

Quote:

---

Duty of care requires director to be informed, including obligation to make
reasonable inquiries…No RED FLAGS!!!......

Quote:

---

When asked why the change, the
Executive Director informs the board that it is too
complicated to explain, the loss will not happen
again, and that the board should take his word for it
that all will be well. Without further discussion the
board unanimously accepts the Executive Director’s
statements. Any problems?....

---

Quote:

---

What if all of the other directors
completely disagree with you, snarl at
you, and make you eat lunch alone?......

---

Duty of Candor
Duty to disclose to the corporation material facts relating to anything of significance to
the corporation. Duty is affirmative
–
no one has to ask
Disclosure must be full and fair…….

---

http://www.tn.gov/attorneygeneral/no...tguidebook.pdf

Quote:

---

Best practices to assist you in carrying
out your responsibilities include:
•
Attending board meetings and meetings of committees on which you serve. Make certain that you receive detailed information beforehand about matters that are going to be discussed and voted on at a meeting, especially the financial reports and financial statements of the nonprofit.
•
Carefully reading all the material you receive, asking questions, and being active in board discussions. It is important to know how the organization is functioning and understand the specific purposes and mission of the nonprofit. Be informed about every major action that the nonprofit takes, and be proactive about reviewing materials in a timely manner.
•
Using your own judgment in voting and not simply following the lead of the
chief executive officer, chairperson of the board, or fellow board members. A responsible board member will ask about the reasons for recommending a particular action and the consequences, good and bad, such action will bring.
•
Participating in strategic planning activities that assess and plan for the
nonprofit organization’s future. Ask about the status of the nonprofit’s internal controls and about written policies and procedures that protect the nonprofit from error, fraud and embezzlement.
•
Inquiring whether the nonprofit has a directors and officers liability policy and whether the nonprofit indemnifies its directors and officers from liability.
•
Reviewing board or committee minutes to make certain that the meetings and votes were properly recorded. If there are errors in the minutes, ask for clarifications or changes….

The officers and board members of a nonprofit, even when serving in a volunteer or part-time capacity, must be well-informed, hold regular board and committee meetings, maintain accurate minutes of those meetings , encourage open discussion, and pursue the nonprofit’s mission and best interests with determination. One of the responsibilities of a board member is to make certain that the nonprofit operates in a fiscally sound manner, has mechanisms in place to keep it fiscally sound, and is properly using any restricted funds it may have. If, as a board member, you do
not have adequate information, you have the right to get it. Officers have the responsibility to provide it…..

In order to carry out your responsibilities as a board member, you must be able to make informed judgments about important matters affecting the daily operation of the nonprofit organization and how it affects the community it serves. The law permits you to reasonably rely on information from the nonprofit organization’s staff, its lawyer, its accountant, outside advisors, and board committees in making those judgments. If you don’t have adequate information, request and obtain it. Officers have a duty to provide this information to the board.

---

http://www.mass.gov/ago/docs/nonprof...rd-members.pdf

Quote:

---

You should attend board meetings and meetings of committees on which you serve.

You should make sure that you receive detailed information beforehand about matters which are going to be voted on at a meeting.

• You should carefully read all of the material which you receive and prepare yourself to ask questions.

• You should use your own judgment and not simply take the word of your CEO or fellow board members.

II. YOU HAVE THE RIGHT TO INFORMATION
In order to carry out your legal responsibilities as a board member or trustee, you must be able to make informed judgments about important matters affecting the organization. The law permits you to reasonably rely on information from the organization’s staff, lawyer, auditor, outside advisors, and board committees in making those judgments. If you do not have adequate information, you have the right to get it.
IN SHORT:
You should be aware of and informed about every major
action the charity takes.

---

http://www.texasbar.com/Content/Navi...Excellence.pdf

Quote:

---

How’s Your Culture? Developing a Climate of Inquiry
By Marilyn Cavicchia

At the same time they’re making sure all the relevant policies are up to date and on file, bars and other nonprofits should also take a hard look at their overall culture, said Nancy Axelrod, a consultant and principal at Washington, D.C.-based Nonprofit Leadership Services, who spoke at the ABA Bar Leadership Institute in March. Is the bar a place where elected leaders and staff are encouraged to ask questions—including the tough ones? Or is there a culture of “passivity and groupthink”?

The results of such “passivity and groupthink” can be devastating, she added, citing a study that found that companies such as Enron and Tyco had boards that met all the benchmarks that were then standard in terms of size, codes of ethics, and financial expertise.

Looking great on paper is not the same as doing a great job, Axelrod noted, adding that at these companies, it was possible to follow all the rules but not add much in the way of organizational intelligence (reliance on the organization’s values and mission) and contextual intelligence (awareness of what’s going on in the world, such as social changes).

“The problem is, we don’t often tap that wisdom,” said Axelrod, recalling her own early experience on a college board. She was excited at first, but soon found herself wondering, “What material difference has my presence made at this board meeting?”

To the list of fiduciary duties—duty of care, duty of loyalty, and duty of obedience—Axelrod would like to add what she called a “fourth D”: the duty of curiosity. In trying to be polite and achieve consensus quickly, she said, many boards don’t wholeheartedly invite or don’t allow sufficient time for questions and dissent.

Ideally, the president will know how to run a meeting in which all the board members are engaged and participating—which is what the fiduciary duties require, and also what board members themselves often expect. The problem, said Paul Greeley, president of Ashburn, Va.-based Association Consulting Services, who also spoke at the BLI session, is that not every leader inherently has these particular skills.
“Just because you’re outstanding in your field doesn’t mean you’ll be outstanding at running a board meeting,” he noted. This is one reason it’s essential for the president and the executive director to have a strong relationship that includes honest discussion and a shared understanding of best practices, Greeley and Axelrod said: It helps set the tone for the rest of the bar, including the board and how it will work as a group.

Also important, they said, is to realize that getting a good grasp on proper governance practices and procedures is not a one-time task. With all the different issues that can come up, the dramatic ways the board can change from one year to the next, and the still-evolving understanding of best practices for nonprofits, board members need opportunities to revisit and refresh their knowledge throughout the year.

“Governance is a process,” Axelrod noted. “Keep learning.”

Want to learn more? The materials from this BLI session are at
www.abanet.org/barserv/bli/2007/axegreeletgovernanceplenary.pdf

---

http://texascbar.org/content/legal_l...oolkit2011.pdf

Quote:

---

• A nonprofit must have at least two officers: a president and a secretary. A nonprofit may have other officers. The president and the secretary cannot be the same person (Sec. 22.231). The term of an officer cannot exceed three years (Sec. 22.232). In the absence of a provision authorizing a specified term, the officers must be appointed or elected annually (Sec. 22.232)….

Directors and officers are required to perform their duties as a director or committee member:
* In good faith;
* With ordinary care; and
* In the best interest of the nonprofit.
To meet this requirement, directors must follow certain legal responsibilities also known as the Duty of
Obedience, the Duty of Care, and the Duty of Loyalty….

They should ask questions, if necessary,
to obtain information sufficient to fulfill their responsibilities…

Accountability, Transparency, and Reporting
A. Books and Records
• Nonprofits must keep correct and complete books and records. All nonprofits must maintain the
following information at the registered or principal office of the nonprofit in Texas:
* names and addresses of members, if any, entitled to vote;
* the written consent of the registered agent (Sec. 5.201(b));
* minutes of meetings of members, board of directors, and any committees having the authority of
the board of directors; and
* complete books and records of accounts (Sec. 3.151).
• Nonprofits must keep true and accurate financial records. Records should contain full and correct entries, including income and expenditures, in accordance with generally accepted accounting principals. The records must be kept at the registered or principal office of the nonprofit in Texas for at least three years after the close of the fiscal year (Sec. 22.353)….

• Nonprofits must allow any member or governing person to examine and copy books and records,
including the names and addresses of members entitled to vote. A member can make a written demand to examine the nonprofit's books and records. The purpose of the demand must be stated in writing. The member or a member’s agent, attorney, or accountant may examine the books at any
reasonable time and for any proper purpose. The cost of copying is the responsibility of the member….

Whistleblower policies. A nonprofit should provide employees and volunteers with a confidential way to report suspected financial wrongdoing. See www.texascbar.org for a sample whistleblower policy….

A qualified nonprofit may hold only two raffles a year; the raffles cannot be at the same time. Raffle tickets
must contain certain language required by law including:
* the organization’s name,
* the organization’s address,
* the ticket price,
* a general description of the prizes, and
* the date the prizes will be distributed….

After a nonprofit receives its IRS tax exemption letter from the IRS, the board’s interest in the exemption application (Form 1023) often disappears. After a few years, many nonprofits have no idea where the application
is located. Nonprofits must maintain a copy of the application in an accessible location because federal law requires nonprofits to make the application available for public inspection. For more information, see the Section
on public disclosure requirements….

Board governance
An active, attentive board may be the most important way to avoid major threats to an organization. Board members should have a wide range of skills and perform duties. Board members are legally responsible for the
management of the affairs of the organization. A board member should:
• Understand roles and responsibilities of a board,
• Understand the organization’s mission and services,
• Receive regular reports on finances and program performance, and
• Be actively involved in fundraising.

Financial assessment
Financial mismanagement is a common concern for nonprofit organizations. In order to reduce the likelihood of such an occurrence, the board should receive training on nonprofit accounting practices…..

B. Protections Against Liability for Directors
Acting in accordance with the duties of directors. Directors are protected from liability if they act in good
faith with ordinary care and in the best interest of the organization.
Dissenting from an action. A director who dissents to an action must have the dissent entered into the minutes of the meeting or send a written dissent to the organization. (Sec. 22.226)
Indemnification of directors. Directors, even those who work under the protection of a corporate form, can still be sued. Even if they cannot be held liable, they may be responsible for paying for attorney’s fees and court
costs.

---

Quote:

---

11.1.1
All Member Associations are directed to form their own ethics committee and to hold hearings--WITH THE PARTIES HAVING THE RIGHT TO BE PRESENT--on alleged violations of the Code of Ethics when properly submitted.

Page 60 GSA Bylaws and League rules

---

Does GSA have said committee and policies in place so complaints can be made?

Quote:

---

From: Kim Verity [mailto:veritygsa@gmail.com]
Sent: Tuesday, March 12, 2013 9:06 PM
To: David Arciniega - President; Sam Perry; Don Starkey - Facilities; Events; Darcy Quintana - Publicity; Robert Mayfield; Juan Ramirez; Piney Burch-Walser; U12 Director; Angela Hearn - U8 Boys; Terry Walser - U8 Girls; U6 Boys; U6 Girls
Subject: Board hearing - March 21, 2013

Board members,

Please be advised that a board hearing has been requested. I have reviewed the games scheduled for Thursday, March 21, 2013 and it looks as if 8:00 p.m. should work for everyone. Please plan attending this board hearing. I will ask Paula to call and confirm with you early next week.

Please note that this is a closed hearing and only those invited are allowed to attend.

Regards,

Kim

---

Attachment 9660
My son has a serious chronic medical condition and has been hospitalized which forced him to retire from soccer and leave the team I coached. I had to find a new coach as my son needed my attention. I turned my team over to a new incredible coach that had years of experience and was even coaching a college team at the time. I was brought up on charges filed by David Arciniega because that new coach's own son was put on that team he was taking over from me.

Ah, good ol' childrens' sport, Eh ???

There's more politicking and corruption goes on in, on and around childrens' sport than in the Senate and the House of Representatives combined.

When I was brought up on phony charges I crafted a 132 page response that was presented at the hearing. That attachment can't go up at this time as the names and information about minors is contained in that document. The A & D process is Garland has been completely broken for years. Here are my notes concerning that:


1. 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.

2. 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.

3. 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.

4. 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.

5. 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?

6. 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.

7. 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.

8. 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.

9. 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.

10. 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?

11. 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?

12. 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.

13. 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. (No one asked the child to be placed on the team as the player pool had done it.)

14. 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.

15. Please note the e-mail on page 54. I am asking for child 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.

16. 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 4^th 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 20^th 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.

17. Joe Garcia 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. Joe Garcia 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.

18. 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.

19. The board is having serious conflict over having open meetings as the e-mails show. Please see pages 50-54 in the attachment.

20. 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.

21. 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.

Please find following an excerpt from one of my board reports. I was prevented from fulfilling my fiduciary duties by directors suffering from serious group think and a willingness to rubber stamp whatever the president did.

Quote:

---

I think it is important to remember we are a 501(c)3 under the NTSSA umbrella on their group exemption letter according to the IRS.

75-1629771

North Texas State Soccer Association Inc.

Frisco

TX

United States

GROUP

Mission Statement
Share Print Page
Home > About > Mission Statement
North Texas Soccer is a Texas non-profit, 501(c)(3) Tax Exempt Corporation formed to promote, foster, and advance the cause of soccer for youth and adults within its territory. It shall be the mission of North Texas Soccer to educate, provide administrative service, promote and stimulate interest in the game of soccer. North Texas Soccer is a member of United States Youth and United States Adult, United States Soccer Federation and Federation Internationale de Football Association.
Offering quality soccer programs for youth and adults since 1964
Over 195,000 players currently registered
North Texas Soccer is comprised of over 123 Member Associations that maintain a large volunteer base of coaches and program administrators.
North Texas Soccer, governed by a voluntary Executive Committee, maintains a state office with a professional full-time staff.

North Texas Soccer has one purpose in mind: To ensure that each participant has an enjoyable soccer experience while moving toward his or her personal goal.
Emphasis placed on the development of players - Recreational - Competitive - State Select/ODP
Training programs for coaches and referees
Sanctioned tournaments
Media: "The Pitch" State Newspaper
Organization assistance through state office staff and Executive Committee
Resource for educational materials
Liability insurance coverage for administrators and Member Associations
Medical insurance coverage program for players and coaches
Sanctioned indoor and outdoor play

Exemption Requirements - 501(c)(3) Organizations
Exemption requirements: 501(c)(3) organizations
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.
The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.
http://www.ag.state.mn.us/Charities/FiduciaryDuties.asp
……. It also means that directors must supervise and direct the officers and govern the charity’s efforts in carrying out its mission….. courts have held that the law imposes the highest standard of integrity on the bearers of these duties.
Directors of Minnesota (or any) nonprofit corporations must discharge their duties in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances…..

To Exercise the Proper Duty of Care:
1. Active Participation. A director must actively participate in the management of the organization including attending meetings of the board, evaluating reports, reading minutes, reviewing the performance and compensation of the Executive Director and so on. Persons who do not have the time to participate as required should not agree to be on the board.
2. Committees. Directors may establish committees having the authority of the board and may rely on information, opinions or reports of these committees. Committees operate subject to the direction and control of the board. As a result, directors are still responsible for the committees and should periodically scrutinize their work.
3. Board Actions. A director who is present at a meeting when an action is approved by the entire board is presumed to have agreed to the action unless the director objects to the meeting because it was not lawfully called or convened and doesn’t participate in the meeting, or unless the director votes against the action or the director is prohibited from voting on the action because of a conflict of interest.
4. Minutes of Meetings. Written minutes should be taken at every board meeting. The minutes should accurately reflect board discussions as well as actions taken at meetings.
5. Books and Records. A director should have general knowledge of the books and records of the organization as well as its general operation. The organization’s articles, bylaws, accounting records, voting agreements and minutes must be made available to members and directors who wish to inspect them for a proper purpose.
6. Accurate Record Keeping. A director should not only be familiar with the content of the books and records, but should also assure that the organization’s records and accounts are accurate. This may mean the director must take steps to require regular audits by an independent certified public accountant. At the very least, the director should be aware of what the financial records disclose and take appropriate action to make sure there are proper internal controls.
7. Trust Property. A director has the duty to protect, preserve, invest and manage the corporation’s property and to do so consistent with donor restrictions and legal requirements. Instituting proper internal controls will aid in the protection of assets.
8. Resources. A director must assist the organization in obtaining adequate resources to enable it to further its charitable mission.
9. Charitable Trusts. A trustee of a charitable trust has a higher standard of care than a director of a nonprofit corporation. A trustee has the duty to exercise the care an ordinary person would employ in dealing with that person’s own property. A trustee with a greater level of skill must use that higher skill in carrying out the trustee’s duties.
10. Investigations. A director has a duty to investigate warnings or reports of officer or employee theft or mismanagement. In some situations a director may have to report misconduct to the appropriate authorities, such as the police or the Attorney General. Where appropriate, a director should consult an attorney or other professional for assistance.
Traditionally, directors have an absolute duty of complete, undivided loyalty to the organization. This means that directors should avoid using their position or the organization’s assets in a way which would result in pecuniary or monetary gain for them or for any member of their family. A director should put the good of the organization first and avoid engaging in transactions with the organization from which the director will benefit…… 4. Outside Help. Where appropriate, directors should obtain opinions of legal counsel or accountants.

---

Quote:

---

From: Veritygsa@gmail.com [mailto:Veritygsa@gmail.com]
Sent: Monday, May 24, 2010 9:55 AM
To: hdobrott@gmail.com
Subject: GSA Elections this week!! Please VOTE!

Good Monday morning!!

I’d like to remind each of you that your General Coaches Meeting is this Wednesday, May 26 @ 7:00 pm at the Granville Perfoming Arts Center. There will be good information shared with each of you on how your season went, as well as, elections for some very important positions to be filled on your board.

One crucial position that will be voted on is Vice President. Currently serving is Ken Daniel. He will be stepping down as he feels he can better serve GSA as a coach, dedicating more time to his teams. As some of you may have already heard, I will be running and am kindly asking for your vote.

So that I can contribute to you getting home to your families quicker Wednesday evening, I’d like to share a little about me with each of you. I have been a member of GSA over the past 17 years. My oldest son started playing for GSA at age four, where he played for the next 12 years before leaving for college. Just as he left, my youngest was ready to play and still is enjoying GSA to this day! Several years ago, as a parent, I felt that things just were not up to speed in my youngest son’s division. Therefore I ran for the position of the U8 boys age group director, was voted in and have been leading them since. Along the way, I acquired the U8 girls division which has also been very rewarding. I feel that I have truly made a difference in this division and have proudly and successfully represented this group. Some of you may already know a few of my strengths. I am a rational, impartial person and tend to focus on the facts at hand. During my tenure, I have maintained and addressed all issues at the director level and have prevented all but one issue being brought before our A & D commitee. My goal has been to work for the better of the organization as a whole by teaching and guiding my coaches as they advance their teams into their next division. I am passionate about my position and find myself at the fields a majority of the time lending a hand, enjoying myself, interacting with the coaches, the parents and especially the wonderful kiddo's!

Eventhough your presence is strongly urged Wednesday, sometimes there are events that will prevent you from attending. Therefore, if you are unable to attend and wish to have your votes counted, please fax your proxy to the GSA office 972-495-4432 or scan to registrar@garlandsoccer.com. Your proxy may not be verbal, yet in writing and executed by you as a Garland Soccer Association registered coach.

In closing, I again ask for your vote as I feel I can make a difference for you. I’d love nothing more to represent each of you and this organization. Let me be your voice. I am here, willing and able.

Thank you for your time. Have a wonderful week! I look forward to seeing each of you Wednesday!

Best regards,

Kimberley Verity
U8 Division Director

---

Funny that she should mention proxies. Hmmmm. Good that I have archived everything and talk to everyone!

Verity sure made a difference for me. She filed phony charges against me for a coach having his own child rostered to his team and was behind that lie-filled No Confidence vote that David Arcinniega used as a tool to try and bully me into resigning.

It is time that the proxies be completely eliminated!

The Scouts have clear policies in place to reduce the risk of sex offenders harming their members:

Youth Protection

Quote:

---

• Minimum two-deep leadership on all outings required. Two registered adult leaders, or one registered leader and a parent of a participating Scout or other adult, one of whom must be 21 years of age or older, are required for all trips and outings. Appropriate adult leadership must be present for all overnight Scouting activities; coed overnight activities – even those including parent and child – require male and female adult leaders, both of whom must be 21 years of age or older, and one of whom must be a registered member of the BSA.
• One-on-one contact between adults and youth members prohibited. In any situation requiring a personal meeting, such as a Scoutmaster's conference, the meeting is to be conducted in view of other adults and youths....

---

http://www.laymca.org/membership/mem...p-handbook.pdf

Quote:

---

We Are a Charitable Organization:
The Family YMCA is a non -profit, charitable 501c3 organization. Subject to available resources and space, no person will be denied membership or program participation due to inability to pay fees. Thanks to contributions from the United Way of Northern New Mexico and others, financial assistance is available for people who have limited financial resources.
……….We reserve the right to refuse service to anyone. *In keeping with
our mandate to build strong kids and families and to maintain safe and comfortable facilities,
convicted and/or registered sex offenders are excluded from the Y.

---

I tried to implement policies and procedures to try and keep our kids safer. The sex offender victimizing our kids was one of the reasons I joined the board. Arciniega thwarted every attempt to set up a committee or make a motion to update our policies. The board simply rubber stamps Arciniega and little has been done in years. GSA's numbers have been stagnant for years and now appear to be dropping despite the economy in Texas doing great. The coaches I talk to are fed up and we have lost so many good ones due to their displeasure with the leadership. It is high time for some real positive changes in GSA!

For comparison, I went into the spring coaches meeting in 2014 as the U6 Girls Director and I was in need of 1 coach. After the board reduced the number of positions with the ridiculous excuse that it was done to facilitate communication, Arciniega managed to force me out, which I suspect was the real reason the positions were reduced. As I and other responsible board members warned it turned into a complete disaster. The new combined U6 Girls and Boys director has 60 teams. This new Director came into the 2015 spring meeting begging for 27 coaches with only 18 days until the start of the season. So, those teams couldn't get someone to the general coaches meeting and most missed the age group meeting. They did not have the chance to make any schedule requests as those were due in 3 days. It was another totally chaotic and totally unorganized season start which will mean a miserable experience that will cause many not to return in the future.

I hope Mr. Arciniega will join us here and explain how reducing the number of age group directors from 8 to 5 has improved communication and bettered the experience for our coaches and kids.

Plano Youth Soccer Association posted on their website:

Quote:

---

http://www.pysa.org/news_article.php?aid=152

Welcome Wylie and Rockwall Teams!

Feb 12 2014 - Richard McMakin

Plano Youth Soccer is pleased to welcome 19 teams from Wylie Youth Soccer and 3 teams from Rockwall, joining us for the spring 2014 season. The teams will boost our U12B league by 7 teams, U12G by 10 teams, U14B by 2 teams, and U14G and U19B by 1 team each.

PYSA has long been a host for out-of-town teams from Allen, Frisco, McKinney and other cities in the U16 and u19 leagues, making those league among the strongest in North Texas. Our engagement with Wylie includes playing some games at Founders Park in Wylie. The park is approximately 22 miles and 28 minutes from Carpenter Park. Our goal was to avoid weeknight games between Plano and Wylie teams. While we fell a bit short of that target, the impact to most teams has been minimized. We continue to look for ways to make this endeavor as painless as possible.

Having more teams in our leagues allows for the division of age groups along skill level lines. Being able to have teams play other teams of like skill level is a key goal for the PYSA recreational league. This approach gives teams and players the best opportunity to develop and grow their skills at their own pace. It also gives every team an opportunity to have competitive success, which makes the soccer experience much more enjoyable.

Adding teams, promotion and relegation between the fall and spring seasons, and encouraging our best teams to “play up” when their skill-levels are above their age-group peers are all ways that PYSA looks to manage that “competitive balance” in order to bring teams of like skill levels together.

The PYSA Recreational Coaches’ Panel advised us throughout this process. The group is an ad hoc panel of PYSA rec coaches brought together to discuss key issues facing PYSA. They were instrumental in our decision to move forward with bringing Wylie and Rockwall teams into PYSA.

PYSA is always looking for opportunities to improve your soccer experience. We understand there are tradeoffs with this particular effort related to travel, but we believe that the net benefit for our teams and players outweighs a few extra minutes of drive time a few times a season.

Please join me in welcoming our new friends from Wylie and Rockwall! Thank you for your patience as we work through the growing pains of working together to benefit us all.

Richard McMakin
PYSA VP of Recreational Soccer

---

I have coached and managed teams for 8 years until I got the boot this spring for filing this much needed suit. Let's compare the number of teams in that boys division from spring 2013 to spring 2015

2013
Richardson Soccer Teams:
BHA Stallions
BHA Stars
Galaxy FC
Storm

Garland Soccer Teams:
Chivas
Kix Soccer
Pumas
Texas Heat

Wylie Soccer Teams:
Dragons
Pork Pirates


2015

Garland Teams:
Kix Soccer
Texas Heat
Chivas

Chamber Classic team:
CDI

As the letter shows, Garland lost Wylie and Rockwall who were playing with us to Plano. Richardson bailed as well. I went to the May 2013 board meeting and informed them that Plano Youth Soccer was courting our desperately needed interleague teams. I asked the GSA board to invite these associations over so we could address any issues and keep them as interleague partners and nothing was done. Those associations had made it clear on numerous occasions that they had issues that were not being addressed. President Arciniega claimed to have a great relationship with all the presidents of these neighboring associations as well, but that didn't stop them from leaving us to go to Plano either. Garland President, David Arciniega, quipped that Richardson wouldn't drive to Plano to play. Well, folks guess where they are all playing. Garland Soccer is in crisis and losing those teams to play with means we can't bracket and it is not a good experience to play in Garland.

So, now each team plays the others 3 or 4 times each. Garland had 4 teams with full rosters and turned players away in 2013. Now, there are 3 Garland teams and on opening day one Garland team started with 9 players and only had 11 total at the end of the game, so they had no substitutes. The Chivas and Kix Soccer head coaches of many years and other long time major league coaches have bailed and the numbers are not looking good.

The customer service in Plano is excellent. Teams are leaving to join the select league there and many others are clamoring to play recreational there as Garland is shrinking and losing interleague to them. Garland is clearly in crisis and it is high time North Texas step in.

U.S. Border Patrol: Arrests of sex offenders crossing Texas border spike | Fox News

The sex offender that hurt our Garland children may have been here illegally and they have easy prey as the families here illegally are afraid to go to the authorities if their children are victimized for fear of being deported. A very terrifying trend.

Quote:

---

http://www.bisasoccer.com/images/tit...-bisaboard.jpg

http://s7.addthis.com/static/btn/lg-bookmark-en.gif

BISA Board Meetings

Meeting Minutes

About Our Meetings

Wed, Nov 12, 2014 Download Wed, Oct 08, 2014 Download Thu, Sep 11, 2014 Download Wed, Aug 13, 2014 Download Wed, Jul 09, 2014 Download Wed, May 14, 2014 Download Wed, Apr 09, 2014 Download Wed, Feb 12, 2014 Download Wed, Jan 08, 2014 Download Wed, Dec 11, 2013 Download Tue, Jul 13, 2010 Download Tue, Jun 08, 2010 Download

Open Invitation The Burleson Independent Soccer Association Board meets on the second Wednesday of every month. The meetings are held at the Burleson Chamber of Commerce in the large conference room and begin at 8:00 pm. We encourage you to get involved with BISA and hope that you will join us for our next monthly board meeting. The BISA board is constantly looking for ways to improve the soccer experience for the youth of Burleson. Please contact us with your suggestions and/or feedback. Five Year Plan The BISA Board recognizes the need for a 5 year plan in order to promote the growth of soccer in Burleson. We will begin to identify a series of goals that we would like to accomplish within the next 5 years. As a result we will probably be creating several committees to facilitate these goals. If you have suggestions and/or would like to become involved in the growth of soccer in Burleson please contact any board member.

---

This is typical of well run associations. The meetings are open and public and transparency is the name of the game. This is another reason I joined the GSA board. When a coach dared to come to a board meeting in 2013 one director angrily stormed out. I worked so hard to open up the meetings and see the coaches voices were heard. I was met with ridicule, hostility and harassment for advocating for my coaches. Garland's veil of secrecy must be lifted!

President of North Texas youth soccer club accused of stealing

Checks, balances, transparency, public meetings and good oversight by North Texas is what Garland needs before landing in the news again!

Quote:

---

Originally Posted by Soapboxmom

Attachment 9655

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.

---

Crystal Martin ( Mrs. level II registered for life sex offender Attachment 24503), Jamie Hearn (a McKinney police officer), Juan Ramirez and Erick Quintana signed that egregious document. They have a lot of explaining to do. Since that lie-filled No Confidence Vote didn't fly David Arciniega kept threatening me. Gotta go after those directors that seek the truth and ask too many questions:

Quote:

---

From: president@garlandsoccer.com [mailto:president@garlandsoccer.com]
Sent: Saturday, August 31, 2013 3:33 PM
To: u6girls@garlandsoccer.com
Subject: Update on Petition

Heather,

Kim Verity has informed me that she will be updating/amending the petition for 'Vote of No Confidence'. She plans on resubmitting it to the GSA Board and/or filing an ethics charge.
The process will start all over once she submits this to the GSA Board which means that a special member meeting will be held at a later time with a copy of the petition provided to every member ahead of time.
Please respond to this email to confirm that you have received it.

Regards,

David A. Arciniega

---

David Arciniega's harassment and intimidation is going to end. He messed with the wrong momma!

Abuse Prevention Systems and MinistrySafe Blog | Prevention and awareness of child sexual abuse

Quote:

---

Put differently, more than 95% of sexual abusers have no criminal record to check. If a criminal background check works with 100% efficiency (which is not likely), and faultlessly gathers every record in the country — a camp would receive records related to less than 3-4% of individuals desiring to sexually abuse children....

What elements should an effective safety system include?
An effective safety system should include:

1. Sexual Abuse Awareness Training;
2. An Effective Screening System;
3. Tailored Policies & Procedures;
4. An Appropriate Criminal Background Check; and
5. A System to Ensure Monitoring and Oversight.

---

Garland Soccer has a lot of work to do! The second background check is not enough. Where are the updated policies, awareness trainings, oversight and parent education materials?