US Youth Force A & D Decision Letter from David Arciniega?

by Soapboxmom 7/9/2016, 9:35 am

US Youth should step in and force David Arciniega (NTSSA' Chairman of Coaching Education) and Garland Soccer to follow the rules like everyone else. David Arciniega filed bogus charges against me and Rachel Beltran (the current VP, then U12 director.) At that time in 2013 I had not been on the board long enough to realize that there was no A & D Committee in place and that David Arciniega was blocking the VPs from forming them as required by the by-laws. There has also never been an Ethics Committee in Garland Soccer as NTSSA requires of every association (again due to president Arciniega.) I demand that US Youth step in see that David Arciniega follow the rules and produce the required decision letter. It is also high time that they bring in independent counsel conduct a full investigation.

From: Heather [mailto:garlandsoccerrocks@gmail.com]
Sent: Monday, June 27, 2016 1:35 PM
To: jsutter@usyouthsoccer.org; egill@usyouthsoccer.org; 'Rob Martella'; 'Todd Roby | US Youth Soccer'; bpodewils@usyouthsoccer.org; jharrell@usyouthsoccer.org; squreshi@usyouthsoccer.org; newstips@cw33.com; news@ktvt.com; Richard.Ray@foxtv.com; bbabcock@ntxsoccer.org; dmetivier@ntxsoccer.org; jcampbell@ntxsoccer.org; pmcfarlin@ntxsoccer.org; cquinones@ntxsoccer.org; jmills@ntxsoccer.org; gfinch@ntxsoccer.org; epfarner@ntxsoccer.org; lhall@ntxsoccer.org; lrhodes@ntxsoccer.org
Subject: Garland Soccer Association Not In Good Standing

There seems to be some confusion. Following the by-laws is not optional. I expect this to be handled immediately.

From: Heather [mailto:garlandsoccerrocks@gmail.com]
Sent: Monday, June 13, 2016 7:56 AM
To: jsutter@usyouthsoccer.org; egill@usyouthsoccer.org; 'Chris Moore'; 'Rob Martella'; 'Todd Roby | US Youth Soccer'; bpodewils@usyouthsoccer.org; jharrell@usyouthsoccer.org; squreshi@usyouthsoccer.org
Cc: newstips@cw33.com; news@ktvt.com; Richard.Ray@foxtv.com; bbabcock@ntxsoccer.org; dmetivier@ntxsoccer.org; jcampbell@ntxsoccer.org; pmcfarlin@ntxsoccer.org; cquinones@ntxsoccer.org; jmills@ntxsoccer.org; gfinch@ntxsoccer.org; epfarner@ntxsoccer.org; lhall@ntxsoccer.org; lrhodes@ntxsoccer.org
Subject: Garland Soccer Association Not In Good Standing

Dear US Youth Board Members and Staff,

I have spent the last 31/2 years filing necessary and proper complaints and grievances and have never gotten any help at any level of soccer. Garland Soccer’s David Arciniega filed charges against me and Rachel Beltran (U12 Director and now Vice President of Garland Soccer) when the player pool (computer program Jevin and committee I have never known the identities of or had contact information for) placed a child of the correct age on the same team with his parent coach. The A & D letter is at the beginning of the attachment.

David Arciniega has refused to issue the required decision letter for over 3 years. That places Garland Soccer NOT in good standing. I demand those decision letters be issued as the by-laws require. David Arciniega called a Garland Soccer “Board Hearing” (a procedure he made up) on this issue originally, so NTSSA would normally be the level of appeal. Chris Kotschi told us that a hearing would be set, but David Arciniega’s friends at NTSSA blocked us from getting due process as has happened numerous times to Garland members. As David Arciniega and his friends are on the NTSSA board and already refused to do as the by-laws require, this issue needs to be set for a hearing in front of US Youth Soccer. David Arciniega’s conduct over the last decade certainly is totally unbecoming according to the Ethics guidelines for an officer in NTSSA.

http://cw33.com/2015/06/16/north-texas-soccer-coach-arrested-for-child-indecency/

Thanks,
Heather Dobrott

2.1.3
Good Standing of Member Association
i.
A written decision, with the reasons for the decision, based solely on the evidence of record issued in a timely fashion and including appeal rights and procedures….. 7.Failure to comply with one or more of the Subsections 1–6, Section 2.1.3, will result in the Executive Committee determining the Member Association is not in good standing. Failure to be in good standing is further defined as meaning players and teams registered through the Member Association will not be allowed to participate in any tournament/event sponsored or sanctioned by NTSSA, nor will they be certified to play outside of the NTSSA in any games, tournaments or other competitions for which they might have been otherwise eligible. The Member Association may not vote on any matter at any meeting of the Association while it is not in good standing.

From: Heather Dobrott [mailto:hdobrott@gmail.com]
Sent: Tuesday, April 02, 2013 6:29 PM
To: cquinones@ntxsoccer.org
Cc: 'David Crawford'; jcampbell@ntxsoccer.org; 'Billy Babcock'
Subject: Garland Soccer Association Director Charged

I would like to request that formal charges be filed against David Arciniega, President of the Garland Soccer Association, and Kimberley Verity, VP and Chairman of the A & D Committee based on the following:

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.
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 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 4th meeting I came in very excited that I had a coach to take over my team as my son was too ill to play. On February 20th when Joe G.’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 G. 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.

I respectfully request that NTSSA pursue charges against David Arciniega and Kimberley Verity. I believe a thorough review of the A&D hearings held by GSA is also in order in light of this situation. GSA offers no orientation or training to its new directors and its website and materials are not updated to reflect current practices. That needs to be addressed as well.

Sincerely,
Heather Dobrott
U6 Girls Director Garland Soccer Association

______________________________________________________________________

From: Heather Dobrott [mailto:garlandsoccerrocks@gmail.com]
Sent: Wednesday, April 17, 2013 10:19 PM
To: 'Rachel'
Subject: NTSSA Hearing!

Dear Rachel,

Chris Kotschi called me from her office at 6:45. She thinks they will be scheduling a hearing for our cases as she has looked at the paperwork. She had not seen #^&&* appeal, but will ask for that and look at it tomorrow. She seemed quite surprised that we were not allowed to see David’s report to NTSSA about ^%&* and our team formation practices.

by soccerdadrandy 7/9/2016, 11:11 am

He is almost as bad as the Clintons.

by 04Soccerdad 7/9/2016, 11:07 pm

Tell me if any of this is wrong.

1. You got kicked off the Board of Directors and you're mad about it.
2. You filed a lawsuit against the Garland Soccer Association. The money from this lawsuit is not going to help anybody except you. You plan on forming your own soccer association where you can be in control.
3. All of the links you provide for evidence point back to a website that you run.

Is any of this incorrect?

by Soapboxmom 7/10/2016, 8:33 am

I was pushed off the board by Arciniega and his ilk who refused to follow state law, IRS regulations and the by-laws. The money and the kids safety issues were not being addressed.

I did not file the lawsuit for the money. Read the previous poster that explained that and ask any competent attorney about that issue and why one would include it in a lawsuit. If a new soccer association is started I woud like to serve as a secretary and a U6 director again as that is what I am qualified for. Arciniega refuses to follow state law for non-profits and have a secretary elected because he controls all documents and records and can edit them and keep them secret from the board and GSA's members.

I do help run that website, but as you can plainly see, it generates no revenue for anyone and is run by all volunteers. If you would read the entire thread over yonder I have posted many of the e-mails and also all the court documents. Those clearly show there were egregious problems in GSA for years that are almost entirely due to David Arciniega's dishonesty and mismanagement long before his goon squad pushed me out. NTSSA clearly did not follow their own by-laws and effectively deal with any of the issues.

by Soapboxmom 7/10/2016, 8:37 am

And, in this case the issue is so simple. David Arciniega is refusing to issue a decision letter for charges he filed because he knows he will go down for it at NTSSA, which is the next level of appeal.

by Soapboxmom 7/13/2016, 10:43 am

David Arciniega is trying to get me to agree to drop this issue. I bet the board has no idea what is going on behind the scenes. There are plenty of board members that know the decision letter on this or any A & D charge is required and that Arciniega cannot refuse to have it issued. Honest board members that fulfill their fiduciary duties according to state law would want this heard and dealt with according to the by-laws.

I will never let this issue be set aside. Arciniega is obviously in mortal fear of the consequences of this issue being adjudicated at hearing before NTSSA or US Youth as he flagrantly violated numerous by-laws and rules and filed this purely to harass me and the now Vice President of Garland Soccer.

by Soccer10Dad 7/13/2016, 11:01 am

Don't give in, this is how most corrupt politicians get away and stay above the law.

Keep up with the fight!

by soccerdadrandy 7/13/2016, 11:06 am

by 04Soccerdad 7/14/2016, 8:52 am

Soapboxmom wrote:I was pushed off the board

Get over it! It's a volunteer position. You got kicked off because you didn't get along with the others. Boo Hoo! Let it go!

Soapboxmom wrote:I did not file the lawsuit for the money.

But you will gladly keep it. You are back pedaling because you told a previous poster you would try to start your own league with the money.

Soapboxmom wrote:I do help run that website, but as you can plainly see, it generates no revenue for anyone and is run by all volunteers.

Wasn't the point. The point is all of your "facts" are your posts with your views.

Let this be handled in the courts. Why do you flood this site with your angry ramblings? The people here care about Academy and Select soccer. I don't think any of this impacts a single person here. You keep saying David won't do stuff but it's his lawyers. You are so blind with anger about getting kicked off of the board. It's time to let it go.

by Soapboxmom 7/14/2016, 9:23 am

US Youth, NTSSA and GSA flagrantly violate their by-laws, state law and IRS regulations. Safety issues and money issues are not handled. US Club is sweeping in, but the vast majority of organizations are under NTSSA and they are simply useless and in fact totally corrupt. Why would I stay silent?

Any money that may come of this suit will go toward starting a new soccer program in Garland and to a charity that is doing research on the condition that destroyed my son's soccer career. I have never filed any suit for personal gain.

by finish1 7/14/2016, 9:30 am

This does impact people on this forum because this type of corruption and power play are ruining rec soccer and undermining the sport on a local level. It's an issue.

Regarding the volunteer position, lots of powerful people hide behind that excuse when confronted with issues. I hold a leadership position as a volunteer in my local community and was in a discussion with our Mayor recently, who quickly reminded me that she was just a volunteer. My response, was, yes, but aren't we all as community officers.

by soccerdadrandy 7/14/2016, 9:34 am

I would only ask Soap Box to update when there is some breaking news. I guess daily updates on this alledged corruption could be helpful to someone. But then again, I'm just being generous

by 04Soccerdad 7/14/2016, 10:23 am

finish1 wrote:This does impact people on this forum because this type of corruption and power play are ruining rec soccer and undermining the sport on a local level. It's an issue.

Regarding the volunteer position, lots of powerful people hide behind that excuse when confronted with issues. I hold a leadership position as a volunteer in my local community and was in a discussion with our Mayor recently, who quickly reminded me that she was just a volunteer. My response, was, yes, but aren't we all as community officers.

I didn't realize that Garland Soccer Association was so powerful that it was ruining rec soccer. Wow, David is really mighty!

You are right, if you volunteer for a position, don't hide behind the excuse that you are a volunteer when you can't do your job. That was NOT the point I was making. My point is that she was kicked off the board from a volunteer position. You assume she was awesome and buy into the fact that everybody there is corrupt and she was going to expose them. Maybe she is a very annoying person that didn't fit well with the group and their direction. Maybe she pissed off the parents. Maybe she couldn't properly address her concerns and put them out for trial in public opinion which seems to be the case right now.

Bottom line, if you don't like what they are doing and you you can do it better, then beat them with a better association. Draw all the teams away and put them out of business. But I doubt anybody parent is seriously upset if their kids are playing soccer and the season goes on.

by Soapboxmom 7/14/2016, 10:49 am

The facts are all in http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/. US Youth, NTSSA and GSA flagrantly violate their by-laws, state law and IRS regulations. Safety issues and money issues are not handled. The city of Garland would be happy to share the fields, but there are only enough players to have a single rec soccer program. Since Arciniega took office the number of players has plummeted from 4500 with Garland being the 2nd largest association in the state to a reported 1800 - 2000. The facts speak for themselves. How many more kids have to be raped or injured on the field with no protocols and procedures in place? How much more secrecy concerning the handling of money should participants in a 501 c 3 tolerate as state law, by-laws and IRS regulations are ignored.

Anyone not interested in the topic can simply not read here. There are plenty of folks who want to know what is going on and who are fighting behind the scenes to clean up messes all over North Texas.

by Soapboxmom 7/14/2016, 11:32 am

Mrs. Dobrott,

This appears to be an issue that is internal to North Texas Soccer.
The issue needs to be resolved within North Texas Soccer before you appeal it outside of North Texas.
Most appeals of State decisions are made to US Soccer Federation located in Chicago, IL. Their web site is www.ussoccer.com.
I have copied North Texas Soccer on this reply.

Jesse Harrell

USSF Bylaw 705 (see U.S. Soccer bylaws) sets forth the procedures for filing an appeal with USSF, as well as the procedures that USSF will follow in resolving appeals. Generally, to initiate an appeal, the appellant must fill out a Notice of Appeal. However, it is important to remember that not every disciplinary decision is appealable.

(1) When is a Decision "Appealable"?
Section 1 of Bylaw 705 provides that the Appeals Committee shall consider decisions rendered by Organization Members relating to activities sponsored by USSF and the Organization Member or its members. This means that if a league or a district issues a decision, and that decision is appealable to the Organization Member, it is not yet appealable to USSF. It is not until the Organization Member has rendered a decision - for instance, upholding a league suspension or even upholding the charges while reducing a punishment - that the appellant can file with the USSF.

Section 1 also provides that a decision is not appealable if it has "no consequence beyond the competition." "Competition" can mean a game, a tournament, league play, or a regular season. The best way to understand this rule is through some examples:

Example 1: A coach is suspended from all state-affiliated activities for one year for punching another coach in the Snickers Cup. This is appealable - even though the Snickers Cup is not USSF-sponsored, the consequences of the suspension extend beyond the competition.

Example 2: A coach punches another coach in the Snickers Cup, and is suspended for the remainder of the tournament. This is not appealable - the consequences do not extend beyond the competition. (Note - it may be appealable to USYSA or some other committee).

As a general rule, decisions about what team a player plays on, or what league a team plays in, are also not appealable, as they do not have consequences beyond the competition.

While the above examples provide some guidance as to what is "appealable," in general the answer to the question will depend, in many cases, on the exact circumstances. As a result, appellants usually cannot be advised as to whether a certain decision is appealable until they first submit their notice of appeal and a description of the circumstances. If the appeals committee then determines that the decision is not appealable, the appellant will receive a letter so stating, and will receive a refund of their appeals fee.

(2) Appeals Procedures
Appeals procedures are set forth in Bylaw 705 and Policy 705-1.

(a) Filing the Appeal
An appeal is initiated by submitting a notice of appeal (download Notice of Appeal Form). This must be filed within 10 days of receiving the final decision from the organization, and should be sent to all opposing parties, as well as the Appeals Committee at the following address:

The United States Soccer Federation, Inc. Appeals Committee
c/o USSF Secretary General
1801-1811 S. Prairie Ave.
Chicago, IL 60616

The appellant must include with the completed notice of appeal a money order or cashier's check for the appeals fee - this fee is currently set at $300.

http://www.ntxsoccer.org/UserFiles/File/NTSSAAandDManual.pdf

page 12 decision letter must be issued.

page 19 The difference between the initial request for a hearing and a request for an appeal hearing is typically the
grounds for the appeal. Typical grounds are:
1.
Failure to comply with appropriate bylaws, rule, or regulations
2.
Bylaw, rule, or regulation fails to conform with the rules of US Youth, USSF, or FIFA or the rule has been applied arbitrarily under the facts of the appeal
3.
Disagreement as to the facts as determined by
the entity whose decision is being appealed
4.
Failure of the entity whose decision is being appealed to provide the party with due process

I have been told by board members in Region III and US Youth that I should appeal to NTSSA and then go all the way to national. NTSSA has to hear appeals on decision letters from local associations like GSA as that is in a properly rendered decision letter and in NTSSA's by-laws. Chris Kotschi was setting hearings for the U12 director (now VP) and I but they never happened. As I could not get the letter from that lying buffoon David Arciniega I filed a grievance with NTSSA. Though they promise quick resolution to grievances in their by-laws, there is nothing in their by-laws that properly documents how that works, so as is happening with alarming regularity across NTSSA they simply ignored the grievance.

So, how can I do what US Youth and Region III tell me to do when I don't have the letter they say I should already have and be able to use in appeals going all the way up to US Soccer? I will not stop fighting until that letter is issued by Arciniega and all the procedural and due process issues are properly adjudicated in US Soccer.

by finish1 7/14/2016, 12:18 pm

Just so that I understand the argument correctly. The GSA made a decision that you are appealing to NTSSA. However, GSA will not produce the proper paperwork so the appeal process can initiate. In the meantime, you filed a grievance on Mr. Arciniega with NTSSA.

Apologies if that appears to boil down part of the issue to a couple of sentences, but is that an accurate statement?

by Soapboxmom 7/14/2016, 12:47 pm

I have been to every level of soccer, but I think that would about cover it. I have spent 3 1/2 years demanding by-laws be followed and a decision letter be issued to me and the current VP of GSA who was brought up on the same phony charges by David Arciniega.

by finish1 7/14/2016, 1:09 pm

Can anyone advise Ms Mom on how to get beyond this point in her appeals process?

Is there an amount of time that has to expire before she is automatically allowed to advance to the next level of communication?

by 04Soccerdad 7/15/2016, 7:29 am

finish1 wrote:Can anyone advise Ms Mom on how to get beyond this point in her appeals process?

Is there an amount of time that has to expire before she is automatically allowed to advance to the next level of communication?

Check your facts before you get behind her on this. This is what she does. Do a simple search on Soapboxmom and Heather Dobrott. You will see what kind of person you are trying to support. Also, read her lawsuit. You will see that this has nothing to do with how Garland soccer is breaking the law. This has everything to do with the fact that she was kicked off of the board and she is mad about it.

by 04Soccerdad 7/15/2016, 7:37 am

Soapboxmom wrote:The facts are all in http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/.

As I have said repeatedly, that is a link to YOUR website with YOUR facts. I have asked you multiple times to provide facts outside of what you have written and you have not produced a single one. I realize this is what you do and you got your sites set on this group and won't let go.

What do you really hope to accomplish here? You have whined constantly but never got public opinion to help you out. Never asked anybody to make calls or write letters or form some sort of protest. So what do you really want from this group? You obviously got a few casual readers who decide that after a brief read that you have a true cause.

Garland soccer is not your only target. What do you get out of this? You hired a lawyer to file a lawsuit but they haven't done anything else. You blame David for not producing information but if you have a lawyer and the law on your side, those things can be forced to be produced. Did your lawyer quit because there wasn't a real lawsuit? If so many people were affected by their actions, why not a class action lawsuit?

I know, flood the topic with a million quotes and links back to YOUR website so you can avoid this.

by finish1 7/15/2016, 8:51 am

Sorry, Dad, I have to admit I'm a bit more than a casual reader. I am by no means taking sides on the matter, only saying that Due Process needs to run its' course. If there's no fire behind the smoke, then it will be cleared and both sides will move on. However, by blocking Due Process, GSA is acting in a suspicious manner.

Yes, sometimes folks get pissed whenever they are fired and try to strike back out of anger. My HR department deals with these issues regularly and sometime things go to arbitration. It's part of the process and we let the issue run its' course.

by Soapboxmom 7/15/2016, 10:20 am

04Soccerdad wrote:
Soapboxmom wrote:The facts are all in http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/.

As I have said repeatedly, that is a link to YOUR website with YOUR facts. I have asked you multiple times to provide facts outside of what you have written and you have not produced a single one. I realize this is what you do and you got your sites set on this group and won't let go.

What do you really hope to accomplish here? You have whined constantly but never got public opinion to help you out. Never asked anybody to make calls or write letters or form some sort of protest. So what do you really want from this group? You obviously got a few casual readers who decide that after a brief read that you have a true cause.

Garland soccer is not your only target. What do you get out of this? You hired a lawyer to file a lawsuit but they haven't done anything else. You blame David for not producing information but if you have a lawyer and the law on your side, those things can be forced to be produced. Did your lawyer quit because there wasn't a real lawsuit? If so many people were affected by their actions, why not a class action lawsuit?

I know, flood the topic with a million quotes and links back to YOUR website so you can avoid this.

You obviously didn't read the thread on my website. It is filled with e-mails from Arciniega and other board members, NTSSA and US Youth, board minutes, board member reports, A & D letters, quoted rules, an executive committee report, criminal records, court records, newspaper articles and much more that are clearly not written by me. So, I posted hundreds of docs that I did not author much to David Arciniega's chagrin. Tell me what documentation you are looking for and I will be happy to forward you originals.

I have emailed all of the Garland Coaches from a list I generated before I left and have asked them to contact US Youth, NTSSA, the Garland City Council and Parks and Rec as my city councilman requested. Most of the folks in this group are under NTSSA and they have a right to know how corrupt their parent organization is and I and sure some are in fact asking questions. I am one of many that have had their rights under the by-laws violated and been tossed aside by the good ol' boy gang that is NTSSA. It is happening in associations across NTSSA. You are helping me out because open discussion is what needs to happen. NTSSA is not going to shove everything under the rug on my watch!

In the thread specifically about the case I posted the Motion to Compel. Again, Arciniega is more than 2 months overdue on discovery and I will guarantee almost nothing will be turned over. He kept the Garland board in the dark all these years and we were never allowed access to financial records or anything in the office in clear violation of state law concerning fiduciary duties. He is and will continue to abuse the discovery process and lie to the attorney that he is clearly using as his personal protector. I am sure the Garland board has no idea what is going on in the lawsuit and isn't seeing a shred of the documentation and filings.

The lawsuit could go class action, but most of the coaches that have been effected have left and they don't have the time or money to fight this. You do realize this lawsuit could easily run up several hundred thousand in attorney fees that I will have to pay in order to get this into court? How many coaches have that kind of money? Those with kids in soccer are afraid to come forward and say anything. Look what happened to me. I got publicly attacked by Arciniega with a No Confidence vote (posted in that thread you may not have read carefully.) Arciniega went after me because I supported a candidate running against him and went to the police about missing money. Dan Medina was a long time coach in Richardson and Plano with administrative experience in soccer and also coaching a the University of Texas at Arlington girls team. He was clearly the best choice for president. State law requires fiduciaries to vote what is best for the non-profit corporation.

And, shouldn't NTSSA and US Youth do what their by-laws require to begin with? You are helping me out because open discussion is what needs to happen. NTSSA is not going to shove everything under the rug on my watch! Keep asking questions as that is what GSA, NTSSA and US Youth should be encouraging. All of these groups are 501 c 3 charities that should be totally transparent.

The details about the missing money are in the following thread:

http://www.realscam.com/f12/jevin-inc-dan-ptak-online-sports-organization-management-software-david-arciniega-garland-soccer-chargebacks-3939/

"The only thing necessary for the triumph of evil is for good men to do nothing."

by Soapboxmom 7/15/2016, 10:43 am

finish1 wrote:Sorry, Dad, I have to admit I'm a bit more than a casual reader. I am by no means taking sides on the matter, only saying that Due Process needs to run its' course. If there's no fire behind the smoke, then it will be cleared and both sides will move on. However, by blocking Due Process, GSA is acting in a suspicious manner.

Yes, sometimes folks get pissed whenever they are fired and try to strike back out of anger. My HR department deals with these issues regularly and sometime things go to arbitration. It's part of the process and we let the issue run its' course.

Just to clarify, I joined the board in December 2012. I was pushed out in December 2014 after the following issues came to light. The number of directors being reduced and a puppet being brought in in order to push me out was just one of many more serious issues. The following was sent to NTTSA, US Youth and the Garland City Council:

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 (me) and director (now VP) 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.

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

I sued specifically to force US Youth to investigate David Arciniega and the corruption in Garland Soccer and they did nothing as usual.

by Soapboxmom 7/15/2016, 11:01 am

04Soccerdad wrote:
finish1 wrote:Can anyone advise Ms Mom on how to get beyond this point in her appeals process?

Is there an amount of time that has to expire before she is automatically allowed to advance to the next level of communication?

Check your facts before you get behind her on this. This is what she does. Do a simple search on Soapboxmom and Heather Dobrott. You will see what kind of person you are trying to support. Also, read her lawsuit. You will see that this has nothing to do with how Garland soccer is breaking the law. This has everything to do with the fact that she was kicked off of the board and she is mad about it.

Please find following the Second Amended Petition:

www.realscam.com/attachments/f14/13495d1459604875-scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-dobrott-vs-garland-soccer-david-arciniega-second-amended-petition.pdf

Now tell us again what the focus of and areas the lawsuit covers comprise.

There are 4 cases in Dallas county. Our family sued a contractor. I was sued by Tim Darnell for comments I made online and won in Summary Judgment as the Harvard Law site documents:

http://www.dmlp.org/threats/darnell-v-dobrott

I sued Tim Darnell and forced him to remove libelous remarks he made about me online and then this case against David Arciniega and Garland Soccer is the fourth.

I was sued in Ohio by Don Allen Holbrook along with every taxpayer in Texas that dared to comment about the failed billion dollar Earthquest theme park. All the papers that wrote articles about the Earthquest debalce and their reporters ( The Pahrump Valley Times, The Houston Press, Craig Malisow, The Tribune, Cynthia Calvert) were sued as well. The Texas taxpayers are on the hook for 24 million for a theme park on paper that will never be built.

I helped an elderly rep sue Advantage Conferences (an adjudicated pyramid scheme) in Collin County to recover her money. I took over her claims after months of our family paying her legal bills to see the case to its conclusion. Our family did not make any money off of these cases. I have worked hard to help those in need and all the filings are public record.

So, I suggest folks ask questions before making any unsubstantiated claims. Arciniega has been running around saying all sorts of crazy stuff like this and that is just one of the reasons I filed suit. What happened to honesty and transparency and serving the kids and families of Garland?

by 04Soccerdad 7/15/2016, 11:10 am

Soapboxmom wrote:You obviously didn't read the thread on my website.

You obviously didn't read what I wrote. Provide something that is not on YOUR website and facts that YOU provide. That's the real problem....you can't! So what did you do? Post a bunch of stuff and make several lengthy posts to hide the fact that you can't do that.

Again I will ask. What do you expect to gain by posting all of this garbage on this forum? You are not asking anybody to do anything. You just whine about getting pushed out of a non paying volunteer position. Get a life!