Re: Lawsuit Against NTSSA Board Member David Arciniega & Garland

[Soapboxmom]

So, the following are grounds for removal from office and require a public No Confidence Petition and vote:

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.

www.realscam.com/attachments/f14/9655d1425932905-scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-no-confidence-letter.pdf

Darcy Quintana, a disgruntled member of the Garland Soccer board, sent me a Cease and Desist that she wrote herself by registered mail. She is crying around that I am intimidating and harassing her and her family. She seems to be confused. She wasn't a head coach, so she couldn't sign a No Confidence Petition, but her spouse Erick Quintana signed it. So, in reality Darcy Quintana was one of the board members that was harassing and intimidating me for voting in the best interest of the charity, demanding money be properly accounted for and going to North Texas Soccer for help. That No Confidence Petition is a public document sent out to all the member coaches that is heard and voted on at a public meeting. So, it is a little late for a meltdown about these issues becoming public.

The truth and my opinion are not actionable. I am not removing anything unless Quintana can quote a provably false statement of fact and supply verifiable documentation in that regard. Garland Soccer is a public charity / 501 c 3 and all board minutes, board member reports, financial records and more should be publicly available as state law and IRS regulations require. Child Safety and financial issues should be properly addressed and documented. Serving on the board of a public organization like this requires one to be aware of the huge responsibilities involved. It is a public and high profile position.

Darcy Quintana was harassing me for fulfilling my fiduciary duties to this non-profit / charity and I will not be cow-towing to her silly Cease and Desist. She started a public fight with that No Confidence Petition and I intend to finish it by cleaning up the corrupt mess that Garland Soccer has degenerated into.

Thanks to Quintana, David Arciniega, and his other blind followers my reputation has been ruined and it could harm my future employment. I have worked as a volunteer consumer advocate for over a decade and in that capacity have worked with numerous law enforcement agencies. I could wallpaper a room with all the Cease and Desists and such nonsense that I have received. Quintana should have carefully checked me out before sending that ridiculous Cease & Desist.

From the Harvard Law Site:
http://www.dmlp.org/threats/darnell-v-dobrott

[Soapboxmom]

The Motion to Abate filed by David Arciniega and GSA was heard today. As the case could have been sent back for hearing in the soccer world, that hearing was the focus for today. The Defendant's Motion to Abate was denied this afternoon after the judge had time to read everything!!!

The Motion to Compel can now be reset for hearing and the directors not turning over documents can be subpoenaed and forced to testify. And, we can get answers as to why David Arciniega is claiming to have no responsive documents to numerous items when I have the emails to prove those documents do exist.

https://www.scribd.com/document/322286162/Plaintiff-s-Response-in-Opposition-to-Defendants-Motion-to-Abate

[Soapboxmom]

Here is a portion of a grievance from 2013. I am still waiting for the A & D decision letter:



1. “Heather has participated in several malicious attempts to remove our President from office – examples include, but are not limited to: encouraged and supported a vote of no confidence, solicited a new member to GSA to run for President, files complaint with NTSSA and continues to provide NTSSA with information in an effort to reveal dysfunction within the organization that are erroneous and not warranted.”

So, board members are not to vote based on what they feel is best for the organization, but are to be bullied into voting the way other board members wish them to? A board member shouldn’t vote for they believe is the most qualified candidate that could best serve our organization? The coach that chose to run for president was highly qualified and as anyone had the right to go to the office of his own accord and have his name placed on the ballot. This gentlemen has coached and worked as a ref for many years and is well-known and highly respected. He has served on other soccer association boards in the area and is now the head coach of a university soccer team. He sought to keep a special needs child on our team when many coaches would have been happy to see this child accidentally removed from their rosters and not spoken up. I felt he was a superb choice and gave him my full support as I felt that he was the best choice for our organization.

For my fellow board members to tell me I have no right to go to our parent organization that has jurisdiction over us is beyond ridiculous. I have asked for clarification on board meetings and how open they should be, and I sent in an e-mail supporting a coach that wanted to appeal a very close board decision. When I was brought up on charges and never received my determination letter I filed a grievance and made NTSSA aware that it appeared from my careful research that GSA had not followed by-laws and proper protocol and procedures in my case. I have been told by a coach that they were discouraged from filing an appeal with NTSSA by our President.


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.




The question is now, are the many members of NTSSA going to allow open flouting of by-laws, rigged elections and flagrant harassment to go on unchecked? I was brought up on the No Confidence Petition by David Arciniega in retaliation for supporting a more qualified candidate for president. This is your State Association and David Arciniega is on that board. The secrecy and lies must stop!

I am winning every round of the lawsuit, but NTSSA and US Youth need to now thoroughly investigate and remove Arciniega and his corrupt blind followers.

[Soapboxmom]

Bylaw 251. SUSPENSIONS, FINES, AND TERMINATIONS Section 2.
   (a) The membership of an Organization Member may be terminated by the National Council for cause by a two-thirds majority vote of the National Council.
   (b) If the membership of an organization that is a State Association is terminated either by resignation from USYSA or under subsection (a) of this section, USYSA shall immediately undertake actions to replace that organization with another organization having the same jurisdiction as the organization whose membership is terminated. That replacement organization may include an organization established and temporarily operated by USYSA.
   Section 3.
   (a) The Board of Directors may suspend, fine, or suspend and fine any member of USYSA, and terminate the membership of a Sustaining Member, if the Board determines that—
   (1) the conduct of the member is adverse to the best interests of soccer or USYSA; or
   9/1/2012
   -
   7
   -
   (2)
   the member has not complied with the requirements of its membership in USYSA.
   (b) The Board of Directors may act under subsection (a) of this section only after a hearing, reasonable notice to the member of the time and place of the hearing, and providing the member with a reasonable opportunity to present evidence in support of the member's position.
   
   PART V
   —
   COMMITTEES
   Bylaw 501. STANDING COMMITTEES
   
   (6) a Mediation and Disputes Resolution Committee.

   PART VII
   —
   GRIEVANCES, DISPUTES, AND APPEALS
   Bylaw 701. GENERAL REQUIREMENTS
   Section 1.
   Each Organization Member shall have grievances, disputes, and appeals provisions in its bylaws, rules, or other document that clearly states the procedures under which adjudication of appeals and other disciplinary matters shall occur.
   Section 2.
   If an Organization Member does not have those procedures required by section 1 of this bylaw, the following procedures apply:
   (1) All parties are entitled to a hearing with proper notification.
   (2) Once a grievance, dispute, or appeal has been properly filed, the chairman of the appropriate entity of the Organization Member shall notify all involved parties within 5 days of receipt of the grievance, dispute, or appeal, the nature of the grievance, dispute, or appeal, the names of all parties, a copy of the grievance, dispute, or appeal, and the date, time, and place of the hearing.
   (3) The conduct of the hearing shall be as determined by the rules of the Organization Member.
   (4) A written record (called the official record) shall be kept of the proceedings.
   (5) A written notification of the decision shall be sent to all involved parties within 7 days of the hearing. This notice shall be sent by certified mail.
   (6) All hearings shall be scheduled to be held within 30 days.

   Section 2.
   With respect to all other disputes, USYSA
   ¾
   (1) favors the resolution of disputes through mediation whenever possible;
   (2) shall provide for the prompt resolution of disputes;
   and
   (3) shall prescribe policies to carry out this section.
   Bylaw 703. APPEALS
   Section 1.
   Except as otherwise provided by Federation Bylaw 705 or other Federation
   bylaw or policy, appeals of USYSA matters shall be as follows:……..
   (3)For all other matters, the matter may be appealed to the Board of Directors.
   Section 2.
   The Board of Directors shall prescribe a policy to carry out this bylaw, including the amount of the appeals fee.
   Bylaw 704. EXHAUSTION OF REMEDIES
   Section 1.
   No Member of USYSA, official, league, club, team, player, coach, administrator or referee may invoke the aid of the courts of the United States or of a state without first exhausting all available remedies within the appropriate soccer organizations, and as provided within USYSA.
   Section 2.
   For a violation of this bylaw, the offending party shall be subject to suspension and fines, and shall be liable to USYSA for all expenses incurred by USYSA and its officers and members of the Board of Directors in defending each court action, including the following:
   (1) court costs;
   (2) attorney’s fees;
   (3) reasonable compensation for time spent by USYSA officials and employees in responding to and defending against allegations in the action, including responses to discovery and court appearances;
   (4) travel expenses; and
   (5) expenses for holding special National Council meetings necessitated by court
   action.

US Youth requires associations that do not have procedures in place (like GSA-no A & D Committee, no Ethics Committee, no grievance procedures and more) to hold hearings regardless and follow USYSA's procedures listed.  Holding hearings and fair ones as I requested is not an option, but must be done.

US Youth has been notified numerous times that NTSSA and GSA are completely ignoring the by-laws and not giving members due process.  US Youth has jurisdiction and should terminate both organizations as the by-laws specify.

I am winning in court as the judge can clearly see that due process is not being provided and I have no means to get any help without said court intervention.  Again,  why are the members of NTSSA and US Youth tolerating this?

[Soapboxmom]

http://www.dallasobserver.com/news/games-grownups-play-6398164

NTSSA has quite a colorful history. Why do they think now that they can sweep serious issues of child safety and financial shenanigans under the rug and not address them at all?

[Soapboxmom]

REQUEST NO. 47:  All document(s) and correspondence that reflect GSA Vice President Piney Burch-Walser’s investigation into Mr. Stephen Luke Martin’s restrictions as a sex offender and whether Director Crystal Martin allowed him access to GSA corporate documents and information about GSA soccer participants who are minors.
   
   CONCERN:    Piney Burch-Walser and Plaintiff exchanged numerous emails on this issue.  Piney Burch-Walser routinely forwarded everything to Mr. Arciniega.  Ms. Burch-Walser was on the GSA Board until June, 2016, long after the responses to Plaintiff’s Request for Production were due.  Ms. Burch-Walser and others should produce responsive emails.

   REQUEST NO. 54:   All document(s) and correspondence, including email, constituting or related to Plaintiff’s formal complaint to GSA Vice President Piney Burch-Walser concerning the rigging of GSA elections and use of proxies.

   CONCERN:    There are numerous responsive emails around December 9, 2014 from or to Piney Burch-Walser which should be produced.  Gayle Brandt is also involved in these emails.

The original Motion to Compel was filed on July 8th.  The attorney that Arciniega is obviously using as his own personal counsel filed the responses days later (long after they were due.)  Therefor all objections were waived and the judge should require GSA and David Arciniega to turn over every last shred of document(s) that I requested.

These are just a few examples of the document requests that the defendants claimed they had no responsive document(s) for that involve the former VP, Piney Burch-Walser.

The questions are:

1.  Did David Arciniega even inform her and the other board members (Burch-Walser was on the board when the responses were due) that they were obligated to turn over any responsive document(s) in their control?  All attorneys are officers of the court and those requests must be honored.

2.  Did Piney Burch-Walser tell Arciniega that she was not willing to turn over the document(s)?

3.  Did David Arciniega instruct her not to turn over the document(s)?  

Piney Burch-Walser and Terry Walser both lost elections in 2012 and 2010 respectively for VP as Kim Verity ran against them and had armies of referees coming in with proxies.  I have a referee that will testify that the referee assignor Gayle Brandt and her husband handed him a proxy and told him that he needed to "help out" and was to go in to a meeting (that referees never attend) for the sole purpose of voting for Kim Verity.  So, why are the fruits of that investigation being hidden and why is David Arciniega claiming no documentation exists?

Fear of retaliation and harassment by David Arciniega has completely crippled GSA. Arciniega was involved in all those very serious issues.   It is no mystery that David Arciniega knew full well those document.s exist and chose to deliberately lie about it to the court.


http://www.leonardmrothfamilylaw.com/Articles/Information-Regarding-Your-Written-Discovery-Responses.shtml
   

You must answer this Discovery completely and truthfully. If you don't, you may be sanctioned (punished) by the Judge. As I have written above, this sanctioning could include striking part of your side of the lawsuit or a monetary fine, you and/or your witnesses may not be allowed to testify, you may not be able to bring out certain evidence at trial, or you may lose everything you wanted to accomplish in this lawsuit. Consequently, discovery must be taken very seriously and fully complied with in every way.

http://www.charlestonlaw.net/charleston-lawyers-discovery-abuse/
   

Let Go of the Uncooperative Client – If I have a client who is clearly being uncooperative in discovery, I make it very clear that if they do not cooperate, they will need to hire another lawyer. I don’t do this to punish them. In the end, it is the court that will sanction them. Instead, if I help my client play games with the court or the other side, I too may be sanctioned by the court. In other words, I am not the type of lawyer that walks a fine line with my ethics and my reputation before the court. Afterwards, if my client still plays games, then as a last resort I ask the court to relieve me as their lawyer.

http://practiceoflawblog.com/dont-be-that-attorney-ten-ways-to-make-yourself-look-foolish/
 

 An ATTORNEY cannot communicate with a represented party, but the parties can continue to communicate to their hearts’ content. The cynical part of me thinks that I get these letters specifically because the attorney is fearful that the matter will be resolved if the parties talk it out. Don’t make the false claim that the parties cannot speak.

So, the current and former board members and I will be talking!  Piney Burch-Walser was one of several board members that would have been subpoenaed to appear for the Motion to Compel hearing if it had not been cancelled due to the Abatement hearing scheduled earlier on the same day.  Do these board members really want to have to testify in court?

http://apps.americanbar.org/litigation/committees/products/articles/spring2012-perjury-during-depositions.html

[Soapboxmom]

REQUEST NO. 7:  All documents, materials, correspondence and emails reflecting all the financial records that were made available to North Texas State Soccer Association concerning any slow payments, missed or missing payments, and overcharges by Jevin, Inc. to GSA.  
REQUEST NO. 10:  All documents and correspondence, including email, that reflect that the payment processor Corduro, Inc. was responsible for any missing funds owed by Jevin, Inc. to GSA.  
REQUEST NO. 12:   All documents and correspondence that reflect that a lawsuit had been filed by Jevin, Inc. and/or Daniel Ptak against Corduro, Inc. as David Arciniega told the GSA members verbally in September 2013 and in the minutes published in the November 2013 coaches’ letter.  
REQUEST NO. 13:  All documents that pertain to the $50,000.00 in total losses that David Arciniega claimed during a GSA Board Meeting that Jevin, Inc. suffered due to Corduro, Inc.  handling the payments for various entities, including but not limited to GSA, which entities used/use the Jevin, Inc. software.  

Defendant stated that it had no documents in its possession responsive to these requests.  Specifically, I made complaints, filed grievances, and made inquiries of NTSSA numerous times regarding Jevin and the missing funds that were never documented.   I was brought up on a no-confidence petition for filing complaints with NTSSA.  It appears that NTSSA communicated with Mr. Arciniega regarding my complaints regarding Jevin as there would be no other way Arciniega could have known about them.  

David Arciniega stated to member coaches in September, 2013 and allowed to be published in the GSA Board Meeting Minutes in November 2013 that Jevin and the payment processor, Corduro, were involved in ongoing litigation.  If there are no responsive documents, where did Mr. Arciniega obtain this information?  Why in the Sam hell is the board being forced to continue to use Jevin and make its decisions with zero documentation?  

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

David Arciniega is on the NTSSA board.  He refuses to produce a shred of documentation about financial issues.  Since when were money issues secret in charities?

[Soapboxmom]

http://ngll.org/Portals/177/NGLL%20SAFETY%20PLAN%202013%20FINAL.pdf

 

 NGLL MISSION STATEMENT

   The North Garland Little League baseball is a non-profit organization offering recreational baseball for boys and girls ages 4-18 in North Garland, Texas area.

   Our goal is simple: "Ensure every child in our community has the opportunity to participate in organized baseball".

   

   North Garland Little League requires all coaches to attend the Baseball Fundamentals Training.

   Additionally, at least one representative from each team in each league will be required to attend the league sponsored First Aid training program.

   Any team that does not participate in BOTH training programs will not be allowed to participate in league-sponsored events.

   First-aid kits are issued to each team manager during the pre-season and additional kits will be located at the concession stand and at field’s No. three (3) and No. four (4) score booths.

   NGLL Safety Officer:

   The main responsibility of the NGLL Safety Officer is to develop and implement the League’s safety program. The NGLL Safety Officer is the link between the Board of Directors of North Garland Little League and its managers, coaches, umpires, team safety officers, players, spectators, and any other third parties on the complex in

   regards to safety matters, rules and regulations.


   Do not leave the field until every team member has been picked up

   by a known family member or designated driver. Ø

   Notify parents if their child has been injured no matter how small or

   insignificant the injury is. There are no exceptions to this rule. This

   protects you, Little League Baseball, Incorporated and NGLL.


   Team Safety Officer (TSO):

   The TSO is a:

   Role model to younger children Defender of safety Liaison between the team and the NGLL Safety Officer Hero when taking safety seriously and helping prevent injuries.

   Get to know the players on your team.

   Ø

   Talk to parents, confidentially, and inquire if their child suffers from

   allergies, asthma, heart conditions, past injuries, ADD, ADHD, a

   communicable disease such as hepatitis, HIV, AIDS, etc. Fill out a

   medical history form on each child (see sample in appendix)

   Ø

   Find out if a child is taking any kind of medication.

   Ø

   Report your findings in a written

   summary and submit it to the

   NGLL Safety Officer for his/her records.


   CONCUSSIONS

   A concussion is a type of traumatic brain in jury that changes the way the brain normally works. A concussion is caused by bump, blow, or jolt to the head or body that causes the head and brain to move rapidly back and forth. Even a “ding,” “getting your bell rung,” or what seems to be a mild bump or blow to the head can be serious.  If an athlete reports one or more symptoms of concussion after a bump, blow, or jolt to the head or body, s/he should be kept out of play the day of the injury and until a health care professional, experienced in evaluating for concussion, says s/he is symptom-free and it’s OK to return to play.  Know the signs/symptoms of a concussion.

   

   SIGNS OBSERVED BY COACHING STAFF

   SYMPTOMS REPORTED BY ATHLETES

   Appears dazed or stunned

   Headache or “pressure” in head

   Is confused about assignment or position

   Nausea or vomiting

   Forgets an instruction

   Balance problems or dizziness

   Is unsure of game, score, or

   opponent

   Double or blurry vision

   Moves clumsily

   Sensitivity to light

   Answers questions slowly

   Sensitivity to noise

   Loses consciousness (even briefly)

   Feeling sluggish, hazy, foggy, or groggy

   Shows mood, behavior, or personality

   changes

   Concentration or memory problems

   Can’t recall events prior to hit or fall

   Confusion

   Can’t recall events after hit or fall

   Just not “feeling right” or “feeling down”

   CONCUSSION DANGER SIGNS

   In rare cases, a dangerous blood clot may form on the brain in a person with a concussion and crowd the brain against the skull. An athlete should receive immediate medical attention if after a bump, blow, or jolt to the head or body s/he exhibits any of the following danger signs:

   • One pupil larger than the other

   • Is drowsy or cannot be awakened

   • A headache that not only does not diminish, but gets worse

   • Weakness, numbness, or d

   ecreased coordination

   • Repeated vomiting or nausea

   • Slurred speech


   . There will always be

   a Board Member on site (see the telephone number list in the beginning of this manual to identify them or check the scorebooth).

   3. If a player should collapse as a result of heat exhaustion, call 9-1-1 immediately. Get the player to drink water and use the instant ice bags supplied in your First-Aid Kit to cool him/her down until the emergency medical team arrives. (See section on Hydration)

   NGLL SAFETY PLAN 2013

   34

   CHILD ABUSE

   Volunteers:

   Volunteers are the greatest resource Little League has in aiding children’s development into leaders of tomorrow. But some potential volunteers maybe attracted to Little League to be near children for abusive reasons. Big Brothers/Big Sisters of America defines child sexual abuse as “the exploitation of a child by an older child, teen or adult for the personal gratification of the abusive individual.”

   So abusing a child can take many forms, from touching to non-

   touching offenses.

   Child victims are usually made to feel as if they have brought the abuse upon themselves; they are made to feel guilty. For this reason, sexual abuse victims seldom disclose the victimization. Consider this: Big Broth ers/Big Sisters of America contend that for every child abuse case reported, ten more go unreported. Children need to understand that it is never their fault, and both children and adults need to know what they can do to keep it from happening. Anyone can be an abuser and it could happen anywhere. By educating parents, volunteers and children, you can help reduce the risk it will happen at North Garland Little League. Like all safety issues, prevention is the key. North Garland Little League has a three-step plan for selecting caring, competent and safe volunteers.


   Interview:

   Make all applicants aware of the policy that no known child-sex offender will be given access to children in the Little League Program.

   

   Reference/Background Checks:

   Make sure the information given by the applicant is corroborated by references.  Criminal background checks will be completed o

   n all volunteers, including NGLL Board Members, NGLL Officers, Umpires, Coaches, Assistant Coaches, and all other volunteers who have direct contact with children registered with the North Garland Little League.


   NGLL SAFETY PLAN 2013

   35

   Reporting:

   In the unfortunate case that child sexual abuse is suspected, you should immediately contact the NGLL President, or a NGLL Board Member if the President is not available, to report the abuse. NGLL along with district administrators will contact the proper law enforcement agencies.

   Ø

   Fiction and Fact “Sex abusers are dirty old men.”

   Not true. While sex abusers cut across socioeconomic levels,

   educational levels and race, the average age of a sex offender has

   been established at 32.

   Ø

   “Strangers are responsible for most of

   the sexual abuse.”

   Fact: an individual familiar to the victim perpetrates 80

   -

   85% of all sexual abuse cases in the US. Less than 20% of all abusers are strangers.

   Ø

   “Most sex abusers suffer from some form of serious mental illness

   or psychosis.”

   Not true. The actual figure is more like 10%, almost exactly the

   same as the figure found in the general population of the United

   States.

   Ø

   “Most sex abusers are homosexuals.”

   Also not true. Most are heterosexual.

   Ø

   “Children usually lie about sexual abuse, anyway.”

   In fact, children rarely lie about being sexually abused. If they

   say it, don’t ignore it.

   Ø

   “It only happens to girls.”

   While females do comprise the largest number of sexual abuse

   victims, it is now believed that the number for male victims is

   much higher than reported.

   Investigation

   NGLL will appoint an individual with significant professional background to receive and act on abuse allegations. These individuals will act in a confidential manner, and serve as the League’s liaison with the local law enforcement community. Little League volunteers should not attempt to investigate suspected abuse on their own.

   

   NGLL SAFETY PLAN 2013

   36

   Suspending/Termination

   When an allegation of abuse is made against a Little League volunteer, it is our duty to protect the children from any possible further abuse by keeping the alleged abuser away from children in the program. If the allegations are substantiated, the next step is clear

   assuring that the individual will not have any further contact with

   the children in the League.

   

    Immunity from Liability:

   According to Boys & Girls Clubs of America, “Concern is often expressed over the potential for criminal or civil liability if a report of abuse is subsequently found to be unsubstantiated.” However, we want adults and Little Leaguers to understand that they shouldn’t be afraid to come forward in these cases, even if it isn’t required and

   even if there is a possibility of being wrong. All states provide immunity from liability to those who report suspected child abuse in “good faith.” At the same time, there are also rules in place to protect adults who prove to have been inappropriately accused.

   Make Our Position Clear

   Make adults and kids aware that Little League Baseball and NGLL will not tolerate child abuse, in any form.

   The Buddy System:

   It is an old maxim, but it is true: There is safety in numbers. Encourage kids to move about in a group of two or more children of similar age, whether an adult is present or not. This includes travel, leaving the field, or using the restroom areas. It is far more difficult to victimize a child if they are not alone

   
This is from the North Garland Little League. They are doing the right things to keep kids safe. Garland Soccer has nothing in place to keep kids safe or deal with serious issues. I tried to implement policies and procedures like this in Garland Soccer and our corrupt president, David Arciniega, blocked any action even after Garland had had kids raped and harmed. The City of Garland should require all its city sponsored programs to have these policies in place. Garland Soccer is rolling out the red carpet for sex offenders and not doing what is necessary to run a safe program. North Texas Soccer is failing in its mission.

[Soapboxmom]

The president of the wildly successful Plano Youth Soccer, that is likely the largest association in North Texas and hosting teams from as far as 5 hours away, spends 31 hours a week as a volunteer to keep it running smoothly. They are incredibly well organized and so very respected.

Garland Soccer continues to implode. The gross mismanagement and disorganization is destroying GSA. David Arciniega refuses to set reasonable registration dates. Every other association closed registration months ago (many on July 31.) Plano issued final rosters on August 12th with the season set to start on September 10th. Garland is also scheduled to start on September 10, but the U4-U12 schedules just came out on Tuesday, September 6th and the U-13-U19 schedules are nowhere to be found. Some Garland rosters won't be final for weeks to come.

Registration is still open in Garland for all age group, so the problem of short rosters will likely continue and coaches may get players dropped on them up to the 5th game and be ordering uniforms 3 or 4 times in some cases. Every season start in Garland is totally chaotic thanks to David Arciniega.

Garland was the second largest association in NTSSA with well over 4000 players when Arciniega took office. The numbers continue to plummet. Even with the new smaller teams being phased in the U4-U12 has shrunk from a minuscule 165 teams in spring 2016 to just 154 this fall.

Looking at the schedules, 3 U9 teams, under director Jesse Flores, have been scheduled to play when there is still no coach assigned. When I was a Director we never scheduled a team that did not have a coach.

Flores also directs the Major League (U13-U19), which has no schedules up. How many Major League teams have no coaches? He combined the only remaining U15 boys' team from spring, the Pumas (with the 45 year and only remaining originating coach of the association in charge) with a U14 team from the spring. The Director, Jesse Flores, has very angry coaches who have had communication problems with him for months. So, it is apparent the Major League is continuing to collapse.

David Arciniega is not putting in the hours necessary to run GSA. How did this incompetent fool get a seat on the North Texas State Board when his own association is has been in crisis and decline for years?

[boilerjoe_96]

Allen(ASA) and PSA schedules for younger ages were released on Tues 9/6 for a Sat 9/10 start, so that is not out of the ordinary.

[Soapboxmom]

Allen(ASA) and PSA schedules for younger ages were released on Tues 9/6 for a Sat 9/10 start, so that is not out of the ordinary.

They had final rosters on August 12th and likely all the teams had coaches already assigned at that time. Garland will be adding players to some rosters for weeks to come and many coaches were just rounded up in the last two weeks. The Major League has no schedules out at all for this Saturday. The Major League likely still needs coaches as well as Jesse Flores is short 3 coaches in his U10 division and apparently has little computer access. It is a total Chinese fire drill every season start in Garland.

[Guest]

I hate to stoke the flames... but how would you handle the situation of kids signing up and no coaches?  Would you require parents to coach... making for an unhappy team?  If a team that has played for several seasons does not have a coach would you immediately disband them?  The goal of recreational soccer is for everyone to play and have fun.  I'm not saying Garland is doing things the right way and am not speaking to the validity of your claims against the association that you post on this site.  As for the late registrations... there does need to be a cut off and then a wait list.  If there are no coaches for the waitlist players... they don't play.

[Soapboxmom]

Earlier cut-off dates must be in place, which David Arciniega blocks.  Then there must be an adequate number of directors that are properly trained, which again David Arciniega will not address.  

Whe I was the U6 Girls Director, I would e-mail, text, make phone calls and if that didn't get a parent to step up to coach I would host mandatory meetings and help the parents work together to divide up the work of running the team so that they could play.  This process takes time and time is needed for background checks to go through as Garland does a secondary check as well.  

The horrific disorganization and failure to provide training and oversight is the fault of the corrupt leader, David Arciniega.  Garland's numbers have plummeted even though nationally soccer is seeing a rise in registration.  NTSSA needs to take jurisdiction and thoroughly investigate.  David Arciniega needs to be removed.

National numbers:

[Soapboxmom]

www.realscam.com/attachments/f14/15637d1473362928-scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-plaintiffs-third-amended-original-petition-heather-dobrott-vs.-david-arciniega-garland-soc.pdf


   FILED

   DALLAS COUNTY

   9/8/2016 11:12:41 AM

   FELICIA PITRE

   DISTRICT CLERK

   CAUSE


   Page 1

   VENUE


   6. Venue is proper in Dallas County, Texas, because all or a substantial part of the events giving rise to Plaintiffs causes of action occurred in Dallas County, Texas.
   FACTS

   7. Dobrott is a former U6 Girls Director of GSA. She is also a former team manager of a GSA team, former coach of a GSA special needs player, and the parent of a former GSA player.

   8. GSA was formed to create and maintain a soccer program for the residents of Garland, Texas. GSA receives and accepts registration fees from players and, based on information and belief, charitable donations from the public.

   9. Pursuant to the Bylaws and Rules of GSA and North Texas Soccer Association, Inc. ("NTSSA"): (a) GSA is a member of NTSSA; (b) GSA is required to comply with the Bylaws and Rules of NTSSA; ( c) GSA is under the jurisdiction of NTSSA, including matters regarding GSA's misuse of funds and misapplication of applicable Bylaws and Rules; and (d) all administrators, team managers, team members, and participants in GSA are under the jurisdiction of NTSSA.

   10. When Dobrott was elected as the Director of GSA in 2012, NTSSA informed her of her fiduciary duties to GSA. Dobrott complied with her fiduciary duties to GSA by reporting, complaining about, and questioning the following incidents, misconduct, and ethical violations which were contrary to GSA Bylaws and Rules and contrary to public policy and which adversely affected GSA and its property (i.e., GSA registration monies) and the safety of GSA's players who are minors:

   a. Dobrott reported, complained about, and questioned GSA's misuse of
   GSA funds when Arciniega continued to retain Jevin, GSA's software provider for

   GSA PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page2

   Page 2

   scheduling and registration. Jevin handles all the registration monies of GSA. Arciniega continued to retain Jevin despite the fact that over $8,000.00 of GSA's registration money was missing while said funds were under Jevin's control.

   b. Dobrott reported, complained about, and questioned GSA's retention of a
   GSA Director whose husband is a Level 2 sex offender and convicted felon who had access, through his wife the GSA Director, to rosters and other records of GSA players who are minors. GSA, through David Arciniega, did not comply with the applicable Whistleblower Policy. Instead, GSA and Arciniega disclosed to the convicted felon and Level 2 sex offender and his wife, the GSA Director, that Dobrott had disclosed the husband's public criminal record to GSA and NTSSA.

   c. Dobrott reported, complained about, and questioned that GSA kept its
   Board Meetings secret and did not publish its Board Member Reports to the members of GSA contrary to applicable GSA Bylaws and Rules.

   d. In late October, 2014, Dobrott reported, complained about, and questioned
   that GSA Director, Angela Bowen-Hearn, had missed seven of the last twelve Board Meetings contrary to GSA Bylaws and Rules. Rather than handle the complaint confidentially under the GSA Whistleblower Policy, Arciniega informed Angela Bowen-Hearn that Dobrott had reported Ms. Bowen-Hearn for missing Board meetings.

   11. At all pertinent times, Arciniega exercised oppressive control over GSA in
   violation of public policy and GSA Bylaws and Rules and acted in an unreasonable, arbitrary, and capricious manner by:

   (a) controlling the hiring and retention of GSA vendors, such as Jevin, even
   though $8,000 of GSA money was missing while the funds were under Jevin's control;

   (b) retaining a GSA Director who allowed her husband, a convicted felon and
   Level 2 sex offender, access to the records of GSA players who are minors;

   (c) violating the applicable GSA Whistleblower Policy when Dobrott reported
   misconduct;

   (d) failing to assure that GSA kept complete records of its affairs and made the records available to any GSA Member as required by GSA Bylaws;

   (e) failing to establish a GSA Appeals & Disciplinary Committee as required by
   the GSA Bylaws; and

   (t) failing to assure compliance with GSA Bylaws including:

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 3

   Page 3

   1. the preparation and notice of charges concerning infractions alleged by
   Plaintiff of GSA Bylaws and Rules;

   2. the investigation of infractions alleged by Plaintiff of GSA Bylaws and
   Rules;

   3. the holding of hearings on alleged GSA Bylaws and Rules infractions
   alleged by Plaintiff; and

   4. requiring that the A & D Committee make findings after the hearing on
   infractions of GSA Bylaws and Rules alleged by Plaintiff.

   12. In December 2014, GSA did not re-elect Dobrott as a Director for an additional term. Based on information and belief, Dobrott was defeated due to proxies obtained by Arciniega which proxies Arciniega obtained by defaming Dobrott and by Arciniega rigging the election. Despite her request for an investigation of the irregularities and illegalities in the GSA election process after she was not re-elected, GSA and Arciniega failed and refused to provide
   Plaintiff with due process regarding the GSA election of directors as required by GSA Bylaws and applicable law. Dobrott has not been heard and was not allowed an opportunity to be heard about the irregularities and illegalities in the election which resulted in Dobrott being ousted as a GSA director, a position which constitutes a valuable property right to Dobrott. Dobrott's
   position as a GSA Director constituted a valuable property right in that this position provided Dobrott valuable work and leadership experience that would assist her in obtaining employment.

   13. The GSA Bylaws in effect at all pertinent times require that GSA have an Appeals and Disciplinary ("A&D") Committee composed of the Vice President as Chairman and four (4) Association Coaches in good standing. The GSA Bylaws provide many specific duties of the A& D Committee as set out in Exhibit "A" attached hereto. Contrary to the GSA Bylaws, GSA and Arciniega failed and refused to have an A&D Committee in place for GSA or to otherwise
   provide Plaintiff due process regarding Plaintiffs allegations of irregularities and illegalities in

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page4

   Page 4

   the December 2014 election and the other infractions of the GSA Bylaws and Rules as detailed in Paragraphs lO(a)-(d), 11, and 12 above.

   14. The GSA Bylaws provide: "The Board shall cause to be kept a complete record of its corporate affairs and shall make such records available for inspection by any member." Dobrott reported and questioned when the GSA Board, led by Arciniega, failed to comply with the duty to retain the complete record of its corporate affairs and make the records available for inspection.

   15. The NTSSA Whistleblower Policy applicable to GSA provides in pertinent part as follows:

   The...Code of Ethics and Conduct ("Code") requires directors, officers, and
   employees to observe high standards of business and personal ethics in the conduct of their duties and responsibilities. As representatives of the Organization, directors, officers, and employees must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. It is the responsibility of all directors, officers, and employees to comply with the Code and to report violations or suspected violations in accordance with this Whistleblower Policy.

   No director, officer, or employee who in good faith reports a violation of the Code shall suffer harassment [or] retaliation...Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

   GSA, through Arciniega, did not comply with the Whistleblower Policy as stated in Paragraphs lO(b) and IO(d) above. Rather, GSA, through Arciniega, failed to keep Dobrott's reports confidential and harassed and defamed Dobrott for making the reports.

   16. The NTSSA Code of Ethics applicable to GSA and for member associations,
   including GSA, provides in pertinent part as follows:

   This Code of Ethics has been developed to clarify and distinguish approved and accepted professional ethical and moral behavior from that which is detrimental to the development of the sport of soccer...Member Association's Administrators must always refrain from criticizing other Administrators in the presence of others...Professional

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 5

   Page 5

   respect should be mutual and there should be no demeaning dialogue or gesture between Administrators.

   Contrary to the Code of Ethics, Arciniega criticized Dobrott frequently at GSA Board meetings and caused to be filed against Dobrott a meritless, arbitrary, and capricious "A & D Charge" that was heard by the GSA Board of Directors and not the A & D Committee as the GSA Bylaws require for "instructing in the placement of a new coach, along with his sons, to an existing team without following proper procedures." Arciniega was also the complainant on a
   "No Confidence Petition" against Dobrott that was meritless, arbitrary, and capricious which was filed against Dobrott in retaliation for Dobrott supporting the candidate running against Arciniega in the 2013 spring GSA election.

   CAUSES OF ACTION
   OPPRESSIVE CONDUCT/BREACH OF FIDUCIARY DUTY


   17. Defendants engaged in wrongful conduct toward Dobrott as described above. Further, Arciniega exercised oppressive control over GSA in violation of public policy to the detriment ofDobrott and acted in an unreasonable, arbitrary, and capricious manner toward GSA and Dobrott.

   18. Defendants have not dealt fairly in GSA's affairs to the prejudice of Dobrott. Defendants have not observed the standards of good faith and fair dealing and the standards in the GSA and NTSSA Bylaws and Rules on which Dobrott was entitled to rely.

   19. Defendants have breached their fiduciary duty to Dobrott by their oppressive conduct toward Dobrott.

   20. As a result of the breach of fiduciary duty owed by Defendants to Dobrott,
   Dobrott has suffered damages in excess of the minimum jurisdictional limits of the Court.
   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 6

   Page 6

   BREACH OF CONTRACT/QUASI CONTRACT


   21. The GSA and NTSSA Bylaws and Rules constitute a contract in fact between GSA and Dobrott.

   22. GSA breached this contract with Dobrott as described above.

   23. Alternatively, the GSA and NTSSA Bylaws and Rules create a quasi contract between Plaintiff and GSA, a contract implied in law to prevent unjust enrichment to GSA. GSA breached this quasi contract with Plaintiff as described above.

   24. As a result of the breach of contract or quasi contract by GSA, Dobrott has been damaged in an amount in excess ofthe minimum jurisdictional limits of the Court.

   25. Dobrott is entitled to recover her reasonable and necessary attorney's fees in the trial court and on appeal from GSA due to GSA's breach of contract or quasi contract under Section 38.001 ofthe Tex. Civ. Prac. & Rem. Code.

   DEFAMATION

   26. Based on information and belief, Arciniega published statements of fact about Dobrott to third parties which statements were defamatory and false. Arciniega defamed Plaintiff without the authority of GSA, or alternatively, with the authority of GSA in which case GSA is also liable for defamation. Based on information and belief, Arciniega acted with malice in defaming Dobrott.

   27. As a result of the defamation of Dobrott by Arciniega, Dobrott has sustained damages in an amount in excess of the minimum jurisdiction of the Court, including damages to her reputation and the loss of a valuable property right of her position as a Director of GSA.

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 7

   Page 7

   DEPRIVATION OF DUE PROCESS

   28. GSA, led by Arciniega, has not afforded Plaintiff due process regarding her
   complaints about GSA and Arciniega and her ouster as a GSA Director in the December, 2014 election which election was void due to irregularities and illegalities. Specifically, GSA, led by Arciniega, has failed to give Plaintiff notice and an opportunity to be heard in an orderly proceeding adapted to the nature of Plaintiffs complaints. Alternatively, GSA, led by Arciniega, has failed to reach a decision, make findings or reach a conclusion regarding Plaintiffs
   complaints as required by GSA Bylaws and applicable law.

   29. Plaintiff has exhausted all her internal remedies available to her. Alternatively, Plaintiff lacked meaningful access to GSA's internal remedies and has been unable to exhaust any internal remedies available to her because GSA, led by Arciniega, failed to make a decision, make findings on, or reach a conclusion regarding Plaintiffs complaints. Further and alternatively, it was not feasible for Plaintiff to avail herself of the internal remedies set out in the GSA Bylaws because GSA does and did not have an Appeals & Disciplinary Committee as required by its own Bylaws and Rules and the GSA Appeals & Disciplinary Committee is required to hear Plaintiffs complaints at issue in this lawsuit.

   DECLARATORY JUDGMENT

   30. Dobrott seeks a declaratory judgment pursuant to Chapter 37 Tex. Civ. Prac. & Rem. Code that the December 2014 election in which Dobrott was defeated for the position of Director of GSA was improper, irregular, illegal and not in compliance with GSA Bylaws and Rules.

   31. Dobrott further seeks a declaratory judgment that the December 2014 election is void and that Dobrott is entitled to reinstatement to her position as a Director of GSA.

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 8

   Page 8

   32. Dobrott also seeks her reasonable and necessary attorney's fees pursuant to Section 37.009 Tex. Civ. Prac. & Rem. Code.

   PRAYER

   WHEREFORE, based on the foregoing, Plaintiff, Heather Dobrott, respectfully requests that Defendants be cited to appear and answer, and that on final trial, Plaintiff have judgment against Defendants for the following:

   1. Damages against Defendants m excess of the minimum jurisdictional
   limits of the Court;

   2. A declaratory judgment that the December 2014 election of Directors of
   GSA is void and Dobrott is reinstated as a Director of GSA;

   3. Pre-judgment and post-judgment interest at the highest legal rate;

   4. Reasonable and necessary attorney's fees in the trial court and on appeal;
   and

   5. Such other and further relief to which Plaintiff may be justly entitled.
   Respectfully submitted,

   LAW OFFICE OF FOSTER & FOSTER, P.C.


   Isl Susan Johnson Foster

   Susan Johnson Foster
   State Bar No. 07297700
   susanfoster@fosterlegal.com
   Thomas J. Foster
   State Bar No. 07299000
   tomfoster@fosterlegal.com
   2500 Dallas Parkway, Suite 108
   Plano, Texas 75093
   Telephone: 972-991-1606
   Facsimile: 972-202-4581

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 9

   Page 9

   Certificate of Service

   I certify that a true and correct copy of the above and foregoing was served on counsel of record, as required by the Texas Rules of Civil Procedure on September 8, 2016.

   ls/Susan Johnson Foster

   Susan Johnson Foster

   PLAINTIFF'S THIRD AMENDED ORIGINAL PETITION Page 10

   Page 10

   EXHIBIT "A"


   A. Committee Procedure
   1.
   Notice of Alleged Infraction of the By-Laws or the Rules: 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 no further action, including the preferring of the
   charge(s) is necessary or warranted. For the protection of the parties who
   may be innocent, the investigation will avoid revealing details as much as
   possible.
   2.
   Preparation of the Charge(s): Ifnecessary, the Committee will prepare the
   charge(s) that will be brought against the accused and the specification(s)
   that will be addressed by the Committee.
   a.
   The charge(s) sets forth the "offense" of which the accused is
   alleged to be guilty.
   b.
   The specification(s) states "what" the accused is alleged to have
   done.
   3.
   Notification of the Charge(s): The accused is to be notified by mail, a
   letter notifying them of the date, hour, and place of the A&D hearing,
   containing an exact copy of the charge(s) and specification(s) and the
   statement "And is hereby cited to appear" at this meeting. The Committee
   chairman shall retain a copy of this notification. A copy of this
   notification shall be mailed to the division Director.
   4.
   The procedure of the A&D hearing:
   a.
   The hearing will be called to order by the Chairman.
   b.
   The Chairman will read the charge(s) and specification(s).
   c.
   The Chairman will provide copies of all documents to all
   pmticipants.
   d.
   The Chairman will advise all participants of the decorum of
   the hearing and it shall be maintained.
   e.
   The Chairman will inform the participants of the time allotted
   for each phase of the hearing and will call upon:
   Page I

   Page 11

   -The Appellant's, making charge, opening statement.

   -The Appellee's, being charged, opening statement.

   -The Appellant for presentation of argument, calling of
   witnesses and cross-examination of Appellee through the
   Chairman.

   -The Appellee for presentation of argument, calling of witnesses
   and cross-examination of Appellant through the Chairman.

   -The Committee members for cross-examination of the
   Appellee and Appellant.

   -The Appellant for a closing statement.

   -The Appellee for a closing statement.

   5.
   The Committee's Findings
   a.
   The Chairman then states the question on the findings as to the
   guilt of the Appellee as prescribed in the charge(s) and
   specifications(s) as preferred against the Appellee.
   NOTE: The charge(s) and specification(s) can be amended to
   conform to facts brought out in the hearings, but not in such a way
   as to find the Appellee guilty of a charge(s) for which he has not
   been tried.

   b.
   Each of the specifications, and then the charge, is read, opened to
   debate, and voted on separately. Ifthe Appellee is found guilty of
   one or more of the specifications but not of the charge, a lessor
   (sic) charge should be moved and voted on.
   c.
   If the Appellee is found guilty, the Chairman announces that the
   next item of business is the determination of the penalty.
   6.
   The Penalty
   a.
   The determination of the penalty shall be made in the form of a
   motion by a Committee member. This motion is debatable and
   amendable by other Committee members. A Vote on this motion
   for penalty shall be taken by the Committee members and the
   results of the vote shall be recorded by the Chairman.
   Page 2

   Page 12

   NOTE: If the Appellee is found guilty of a violation that states a
   specific penalty is to be imposed, the Committee may enforce the
   prescribed penalty and/or additional penalties that the Committee
   feels are warranted based upon the severity of the violation as
   revealed in the Committee hearing.

   b.
   If the Appellee is found not guilty, the Chairman shall record the
   findings and the Appellee shall be declared so.
   B.
   Appellate Procedures:
   1.
   Any coach or player may appeal an A&D Committee finding to the GSAI
   Board by the following:
   a.
   File a written notice with the GSAI Secretary within five (5)
   calendar days of the receipt of written notification of the A&D
   Committee ruling.
   b.
   Include a $15.00 deposit which will be refunded only if the GSA
   Board overturns the ruling by the A&D Committee.
   c.
   Upon receipt of the written notice, the board shall schedule the
   time and place of the hearing for the appeal of the A&D ruling.
   The Board shall immediately notify the following:
   -The coach of the team or individual(s) against or for whom the
   appeal is filed; and

   -The Chairman and members of the A&D Committee, none of
   which will have a vote in the appellate procedure or be present
   during closed deliberation.

   2.
   Any coach or player may appeal a finding of the GSAI Board to the
   Appeals and Disciplinary Committee of NTSSA as prescribed by the
   NTSSA Rules.
   C.
   Violations:
   1.
   Upon written receipt of an alleged violation of the Bylaws and/or rules,
   the A&D Committee procedures shall be followed.
   2.
   A coach, player, spectator, Board Member, or any other member of the
   Association that is found guilty of violating the rules and/or Bylaws of
   NTSSA or GSAI shall be penalized the prescribed penalty, if stated,
   and/or any additional penalty imposed by the A&D Committee.
   Page 3

   Page 13

[Soapboxmom]

09/09/2016 NOTICE OF HEARING / FIAT
Document Dobrott Notice of Hearing 9-8-16.pdf
Comment: MOTION - COMPEL
09/23/2016 Motion - Compel
Judicial Officer: MOLBERG, KEN
Hearing Time: 1:30 PM

If David Arciniega and his blind followers are so professional and honest, then where are the responsive docs that all of them are responsible for turning over?

[Soapboxmom]

http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/index5.html#post86562

   

Defendants Greenberg and Filemyr treat the Executive Board — the lawful governing body of MSYSA — as nothing but an advisory body and nuisance that potentate Defendant Greenberg can disregard at his whim,” the complaint states.....

   If anything, this should send a resounding message to the affiliates that the majority of the executive board wants to ensure that every member that wants to be heard will be heard,” said Frenkel, a partner with Shulman, Rogers, Gandal, Pordy & Ecker P.A. in Potomac. “The gutsy decision of these directors to stand behind fairness and process is praiseworthy and commendable.

http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/index5.html#post86572

 

 now past-President and now former-Secretary were engaging in activities that were designed to consolidate and perpetuate their authority and to change the rules governing the organization to benefit a select few clubs. The Board Majority shared your concern about disenfranchising members (depriving members of equal voting rights) and the consolidation of power in the hands of a few. Their silence has not been inaction; instead, the Board Majority sought to take constructive and effective steps to address and remedy swiftly the uncertainty and risk of further damage to the operation and reputation of MSYSA.

Defendent Greenberg in this referenced case is David Arciniega's evil twin.  Like him, Arciniega bypasses the board, totally ignores the by-laws refusing to form the required A & D and Ethics Committees and runs elections with the sole purpose of perpetuating himself and his blind followers in office. The voices of the coaches and clueless board members are not heard at all.  Corporate records such as board member reports and meeting minutes are kept secret and meetings are for all practical purposes secret as well as the one time a coach dared to come to one all hell broke loose and a board member angrily stormed out because a guest was there.  The board members were then instructed to "air their feelings" and began viciously attacking one another while Arciniega looked on amused.  The coach and kids outside the door heard yelling and fists slamming on the table.

The infighting is destroying Garland Soccer and it is high time the honest directors left join my lawsuit and clean up this horrific mess and send Arciniega packing while there is still something left to save.  We can see how the judge is going to rule from Maryland Youth Soccer State Association's case!


08/25/2016 RESPONSE
https://www.scribd.com/document/322286162/Plaintiff-s-Response-in-Opposition-to-Defendants-Motion-to-AbatePlaintiff's Response in Opposition to Defendants' Motion to
Comment: IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

08/26/2016 ORDER - DENY
Document ORDER - DENY
Comment: DEF MOTION TO ABATE


Read carefully.  The judge agrees with me that Garland Soccer must provide members due process.  Please see the scathing e-mails in the exhibits, including Jesse Harrell the US Youth Chair's ridiculous response.  The fact they do not follow their own by-laws and treat their members fairly and have no Ethics and A & D Committees as required were some of the reasons they lost in court yet again.

[FC1]

You are getting closer to your payday.

[MrRogers]

Would it be possible to get on an email list so I can get hourly updates on this case? Maybe even over text?

[FC1]

Personally, I have found this case to be a little bit interesting as it does hit close to home with some of these municipalities playing loose and fast with the rules. However, it is becoming increasingly difficult to wish you success in your pursuit.

Initially it did seem that you were indeed making an effort to do your part in cleaning up Garland Soccer. But now that you are seeking a monetary award for your efforts I wonder what your true intentions are. Sure, you will tell me that any reputable lawyer will attach an amount to the case just to ensure it is taken seriously. Which, if I had to guess your lawyers are the ones that told you this. Also, these same lawyers will take a sizeable percentage of the judgement if there is one. I do find it ironic that you want to clean up Garland Soccer, and in the same lawsuit want Garland Soccer to pay you for your troubles. You state Garland needs to clean up its act, and yet you want money from them. How will that help anyone but you? It will do significant harm should you prove successful. You mention the registration numbers are down from previous years. How do you think those numbers will look once they have to raise the fees to pay the lawyers that your lawsuit is requiring them to use, or to pay for the monetary award you are seeking?

You keep calling these guys names as well. We all understand that you do not like that David guy. Why continue to insult him and the other board members? Let your lawsuit work its way through the courts, unless your intent is to push them into a monetary settlement. Again, should this happen, the only one that will benefit from this is you.  

Whatever the outcome, I hope Garland Soccer does indeed get better as they do have some issues, as does any city ran sports organization.

Also, anyone that has searched the civil courts records can find the previous lawsuits you have been involved in. This too makes me wonder if you really want to drive Garland Soccer to change, or are just looking for a payday. It is very rare for 99% of people to be involved in a court case / lawsuit, yet you have somehow managed to be in at least three or four. I did not feel like searching other cities / counties, so maybe there are no others. But if you repeatedly sue individuals it does tend to become a pattern and maybe I am too quick in forming an opinion  based on those facts, but walks like a duck, quacks like a duck...

I am sure you have valid answers for all of this, not that it requires a response. Anyone that reads this can form their own opinion about this litigation. When Garland raises their fees to fund your lawsuit and or judgment will that make you happy? Or maybe they will not build that park they were planning because they have to spend $100K on lawyers plus the $100K you are requesting, will that make you happy? How does you getting paid benefit anyone other than you, and why do you deserve a penny?

In summary, I realized I spent way too much time forming an opinion and then even more time typing this up.

[rustynail11]

Personally, I have found this case to be a little bit interesting as it does hit close to home with some of these municipalities playing loose and fast with the rules. However, it is becoming increasingly difficult to wish you success in your pursuit.

Initially it did seem that you were indeed making an effort to do your part in cleaning up Garland Soccer. But now that you are seeking a monetary award for your efforts I wonder what your true intentions are. Sure, you will tell me that any reputable lawyer will attach an amount to the case just to ensure it is taken seriously. Which, if I had to guess your lawyers are the ones that told you this. Also, these same lawyers will take a sizeable percentage of the judgement if there is one. I do find it ironic that you want to clean up Garland Soccer, and in the same lawsuit want Garland Soccer to pay you for your troubles. You state Garland needs to clean up its act, and yet you want money from them. How will that help anyone but you? It will do significant harm should you prove successful. You mention the registration numbers are down from previous years. How do you think those numbers will look once they have to raise the fees to pay the lawyers that your lawsuit is requiring them to use, or to pay for the monetary award you are seeking?

You keep calling these guys names as well. We all understand that you do not like that David guy. Why continue to insult him and the other board members? Let your lawsuit work its way through the courts, unless your intent is to push them into a monetary settlement. Again, should this happen, the only one that will benefit from this is you.  

Whatever the outcome, I hope Garland Soccer does indeed get better as they do have some issues, as does any city ran sports organization.

Also, anyone that has searched the civil courts records can find the previous lawsuits you have been involved in. This too makes me wonder if you really want to drive Garland Soccer to change, or are just looking for a payday. It is very rare for 99% of people to be involved in a court case / lawsuit, yet you have somehow managed to be in at least three or four. I did not feel like searching other cities / counties, so maybe there are no others. But if you repeatedly sue individuals it does tend to become a pattern and maybe I am too quick in forming an opinion  based on those facts, but walks like a duck, quacks like a duck...

I am sure you have valid answers for all of this, not that it requires a response. Anyone that reads this can form their own opinion about this litigation. When Garland raises their fees to fund your lawsuit and or judgment will that make you happy? Or maybe they will not build that park they were planning because they have to spend $100K on lawyers plus the $100K you are requesting, will that make you happy? How does you getting paid benefit anyone other than you, and why do you deserve a penny?

In summary, I realized I spent way too much time forming an opinion and then even more time typing this up.

Very will said and couldn't agree with you more.

[Soapboxmom]

Garland Soccer and David Arciniega are covered completely by insurance unfortunately as David Arciniega should be on the hook for his own misdeeds.  The 15 grand the coaches found out was paid to the NTSSA lawyer is the only money Garland spent.  That NTSSA lawyer should never have represented them as he knew full well that they had a free attorney all along.  When I got sued by scammer Tim Darnell (who had sued the BBB of Dallas and lost and didn't appreciate me blogging about it) my attorney immediately recommended I contact my insurance and get a free one as David Arciniega should have done.  I suspect David Arciniega insisted on using him as he thought he could benefit personally.  The GSA members should demand David Arciniega pay the association back out of his own pocket as no doubt the board had no idea what was going on as usual.  

A sneeze of a case can run several hundred thousand dollars.  This type of litigation is not done on contingency.  I pay the attorney's hourly fees.  You guys are really watching too much TV.  And, Garland Soccer will not have to raise its fees.  It is high time GSA, NTSSA and US Youth start following their own by-laws and running an honest and transparent program.  I understand many of the board members are clueless, but that does not excuse them from following the bylaws and state laws concerning fiduciary duties.  David Arciniega's dictaorship needs to end and that should happen because the members can trust their organizations to handle grievances and problems promptly and fairly.   I should never have had to file suit, but I will have lots of company if US Youth doesn't take a leadership role and do proper oversight.  

Duty of care: Board members are expected to actively participate in organizational planning and decision-making and to make sound and informed judgments.
Duty of loyalty: When acting on behalf of the organization, board members must put the interests of the nonprofit before any personal or professional concerns and avoid potential conflicts of interest.
Duty of obedience: Board members must ensure that the organization complies with all applicable federal, state, and local laws and regulations, and that it remains committed to its established mission.

I went to all levels of soccer including Region III, US Youth and National.  Since David Arciniega refuses to issue decision letters and has blocked A & D and Ethics Committees from being formed, he is able to block members from appeals or any help.  So, I only filed suit when every other option had been exhausted.

As I have said before, ask a competent attorney why one would make a monetary demand in a lawsuit.  Clearly, that is in there to see that the other issues are addressed.  

And, for those who haven't been following the thread, I have been a moderator then Administrator for an anti-scam site.  I have blogged about financial fraud for over a decade.  That explains these suits David Arciniega has been totally mischaracterizing.

Please read the following post in ts entirety and you will understand why I am suing David Arciniega for defamation.  I included just a few small snippets of that post which is a response to Jevin owner Dan Ptak's lie-filled letter to his customers full of information that was fed to him by David Arciniega.  
http://www.realscam.com/f14/scandal-corruption-garland-soccer-association-us-youth-soccer-north-texas-state-soccer-david-arciniega-3885/index12.html#post102884

Go to the Dallas Court site:https://courtsportal.dallascounty.org/DALLASPROD/?clearSession=True and see documents for more recent cases for free! There are 4 results for my name, Dobrott, Heather. This case, scammer Tim Darnell suing me and losing http://www.dmlp.org/threats/darnell-v-dobrott, me suing Tim Darnell and then an issue with some work on our home.

Dan Ptak of Jevin blathered on:

Other than that, no logical person can begin to understand why attempting to discredit a company and its owner would provide any benefit to her. But, as many of you have already pointed out, if you do your research on this person, you will find that she has a very long history of filing suits against nearly everyone for nearly every reason. This appears to be yet another one of those imprudent undertakings.

In addition to those 4 cases I helped an elderly rep to sue Advantage Conferences / Tim Darnell and to cut out the attorney fees I assumed her claims and represented myself in district court to finish that case. I was sued in Ohio by Don Allen Holbrook along with half of the planet (other journalist, newspapers and all the taxpayers in Texas that dared to comment in the failed billion dollar Earthquest theme park that will cost the Texas taxpayers 24 million for bupkis.) All these suits except the home repair issue are related to my volunteer work on Realscam.com to protect taxpayers and consumers.

[SD69]

FC1, I can't believe she actually read your post. I figured she just blindly posted on this, and other, many other, forums.

[Soapboxmom]

How does you getting paid benefit anyone other than you, and why do you deserve a penny?

https://www.scribd.com/document/322286162/Plaintiff-s-Response-in-Opposition-to-Defendants-Motion-to-Abate

Read the exhibits attached to my winning response, especially the ones with emails from Jesse Harrell and John Sutter.  Soccer is corrupt and mismanaged from top to bottom.  It is supposed to be a transparent and open charity serving young people in Texas. You members need to demand accountability and positive change.   Garland Soccer has put me and many others through hell.  Harassment and intimidation are rampant.  

I already indicated I will not touch a dime of any money for myself.  I will put money into starting a new soccer program in Garland or soccer scholarships and make a donation to CURED in honor of my son whose illness prevents him from participating in sports so that maybe one day he and all the other kids with EoE can have a chance at really being kids. I will also on second thought make a special donation to my church as they have been so wonderfully supportive as I have gone through all this.

[Soapboxmom]

I have worked for over a decade to help consumers avoid financial fraud and stay safe while at home caring for my chronically ill son who is not well enough to attend school.

[FC1]

Are you naïve enough to think that somewhere down the line, that the residents of Garland will not be the ones footing the bill(s) for your lawsuit? Either the insurance premiums will rise, which will in turn raise fees somewhere, or some other public funding will be used. Either way, you get paid and others do the paying. If you do win and plan on donating the funds, cool. Did you donate the proceeds from all of the other lawsuits?

[FC1]

I have worked for over a decade to help consumers avoid financial fraud and stay safe while at home caring for my chronically ill son who is not well enough to attend school.  

Why bring this into it? You are a parent, and caring for your child is expected. I am not sure why you felt the need bring this aspect into this chain of postings other than to solicit sympathy. I am not a cold person, I just don't see the need for that to be brought into the equation.

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