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Will Jesse Harrell Lead US Youth Soccer & End Corruption?
Will Jesse Harrell Lead US Youth Soccer & End Corruption?
From: John Sutter [mailto.sutter@CoVerica.com]
Sent: Friday, March 20, 2015 3:32 PM
To: 'Heather'
Cc: jsutter@usyouthsoccer.org; 'egill@usyouthsoccer.org'; Chris Moore (cmoore@usyouthsoccer.org); 'Rob Martella'; 'Todd Roby | US Youth Soccer'; bpodewils@usyouthsoccer.org; jharrell@usyouthsoccer.org; 'squreshi@usyouthsoccer.org'
Subject: Heather Dobrott vs. Garland Soccer Association / David Arciniega
Dear Ms. Dobrott:
I apologize for the delay in responding to your initial email.
As the traditional application of the Bylaw you cited has previously been used almost exclusively in response to filed criminal actions, we are currently evaluating the civil suit against Garland Soccer Association and David Arciniega for Bylaw applicability and jurisdiction.
As we do not have a corporate General Counsel, I ask your indulgence for the time involved in our review process.
I expect the review to conclude in the very near future.
Sincerely,
John
John Sutter
Chairman
US Youth Soccer
972-490-2226 | Tel
972-490-2255 | Fax
jsutter@usyouthsoccer.org
www.usyouthsoccer.org
________________________________________
From: Heather [mailto@gmail.com]
Sent: Friday, March 20, 2015 2:04 PM
To: jsutter@usyouthsoccer.org; egill@ysyouthsoccer.org; cmoore@usyouthsoccer.org; rmartella@usyouthsoccer.org; troby@usyouthsoccer.org; bpodewils@usyouthsoccer.org; jharrell@usyouthsoccer.org; squreshi@usyouthsoccer.org; ssnow@usyouthsoccer.org; jparker@usyouthsoccer.org; nnottke@usyouthsoccer.org; chouseknecht@usyouthsoccer.org; mfreitag@usyouthsoccer.org
Subject: Heather Dobrott vs. Garland Soccer Association / David Arciniega
The courtesy of a reply would be very much appreciated.
From: Soapboxmom [mailto@hotmail.com]
Sent: Tuesday, March 10, 2015 10:42 AM
To: 'jsutter@usyouthsoccer.org'; 'egill@ysyouthsoccer.org'; 'cmoore@usyouthsoccer.org'; 'rmartella@usyouthsoccer.org'; 'troby@usyouthsoccer.org'
Subject: Heather Dobrott vs. Garland Soccer Association / David Arciniega
Please find following links to US Youth Soccer By-laws that pertain to litigation and terminations and the suit against Garland Soccer Association and David Arciniega. Please accept this as my formal request for U.S. Youth Soccer to take action in regard to Mr. Arciniega in accordance with said by-laws.
http://www.realscam.com/f14/heather-dobrott-vs-david-arciniega-garland-soccer-association-3885/#post83070
Regarding President David Arciniega the United States Youth Soccer Association states:
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
http://www.realscam.com/f14/heather-dobrott-vs-david-arciniega-garland-soccer-association-3885/
Sincerely,
Heather Dobrott
Administrator for Realscam.com
Last edited by Soapboxmom on 18/08/16, 11:03 am; edited 1 time in total
Soapboxmom- TxSoccer Postmaster
- Posts : 198
Points : 3743
Join date : 2015-03-19
Location : Garland, TX
Re: Will Jesse Harrell Lead US Youth Soccer & End Corruption?
Sent: Tuesday, June 09, 2015 3:22 PM
To: 'Jesse Harrell' (Region III)
Subject: RE: FW: Garland Soccer Asociation
Dear Mr. Harrell,
Thank you for responding. Garland Soccer will not issue an A & D letter and North Texas has not taken any action or issued any decision on any of the complaints or grievances. How does one appeal?
By-laws of GSA and NTSSA and US Youth Soccer and state laws are being violated and nothing is getting addressed. How do I get a decision from NTSSA?
Thanks,
Heather Dobrott
From: Jesse Harrell [mailto:harrellj@flash.net]
Sent: Tuesday, June 09, 2015 3:09 PM
To: hdobrott@gmail.com
Cc: 'Billy Babcock'; Messersmith, David; Carlos Quinones
Subject: FW: FW: Garland Soccer Asociation
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
---------- Forwarded message ----------
From: Heather Dobrott
Date: Tue, Jun 9, 2015 at 9:22 AM
Subject: FW: Garland Soccer Asociation
To: hagfishin@gmail.com
Dear Ms. Drimer,
Thank you for speaking to me. Please find following a follow-up e-mail to US Youth Soccer. They have been investigating for months, yet have never contacted and directors or coaches I know, nor are they asking me for clarification or documentation. I worked tirelessly for our kids and want this association to get the help it so desperately needs.
Thanks,
Heather Dobrott
From: Heather Dobrott [mailto:hdobrott@gmail.com]
Sent: Monday, June 08, 2015 11:11 AM
To: rmartella@usyouthsoccer.org
Subject: Garland Soccer Asociation
Dear Mr. Martella,
Thank you so much for making the time to speak with me. Garland Soccer is in crisis and US Youth Soccer very much needs to investigate and take appropriate action.
My son has a serious chronic medical condition and is tube fed elemental formula. He had to quit playing soccer after 6 wonderful years in November 2012. I had taken the F Clinic and coached a U12 team with him to keep it from being folded. As he was very sick, I needed to find a new coach for the team that spring. When the new head coach came in his son was placed on the team by the player pool. David Arciniega filed phony A & D charges against me and the U12 director and took us before a “board hearing” because he claimed we had “instructed” in the placement of a player and coach. There is no such thing as a board hearing as that is the level of appeal for an A & D charge. We have nothing to do with the player pool and would not be able to contact them. Why in the world would GSA not put children of the correct age with their coaching parents??? Why were we given no decision letter after NTSSA made it clear it is required? Why was our grievance not heard as we could not appeal without a letter?
There was serious conflict over having open board meetings. Proper documentation was routinely denied to the board by president Arciniega. David Arciniega would not respond to legitimate complaints from associations playing interleague with us and now Richardson, Wylie and Chamber Classic are gone and Plano will not invite us to join them. Our registration is unlike any other association’s and our seasons almost always start late and are very chaotic and unorganized. Our major league will not be able to play soon due to the low number of remaining teams. Our overall numbers keep dropping as well as coaches and parents are unhappy and leave.
When over 8 thousand dollars went missing Arciniega refused to provide the board any documentation whatsoever. He proceeded to lie to the coaches and spun a ridiculous tale about the software provider Jevin couldn’t pay us because of the payment processor Corduro. Arciniega brayed to the member coaches about Jevin having sued Corduro and that the litigation was ongoing and that the NTSSA lawyers said it must be kept secret. Since when is deliberately lying to the coaches acceptable? Several directors tried for the last 2 years to get answers on this.
I was brought up on a No Confidence Petition in August 2013 because in the May 2013 election I had spoken for the candidate running against Arciniega, demanded documentation on a serious money issue and had asked questions and filed a grievances with NTSSA in response to the A & D charges and other pressing issues. That was nothing more than pure harassment for doing my job as state law requires.
Elections have been rigged for years. That should be investigated, but filing a formal complaint with the VP was once again useless. She is afraid of David Arciniega and is prevented from doing her job. No action was taken and the VP knows that she can’t go to NTSSA for help. Arciniega can do whatever he wishes and knows he will never be held accountable.
I reported that a dangerous sex offender was married to a director who could not drive and that she was letting him handle rosters and other records and David Arciniega and NTSSA proceeded to out me to this dangerous offender in violation of the Whistleblowers Policy. The board is a hostile environment and Arciniega has always run it like a dictatorship.
The director with the sex offender husband had many more serious issues of which Arciniega was aware. Her home mysteriously burned down in 2013. She was bragging then of David Arciniega meeting her and her husband about doing construction work for GSA. My family decided to test out their business. They were paid in full for a stone job at our home. They had not costed that small job out correctly and we had to write another check so that they could purchase the materials to finish the job. I searched permits and the BBB and other sites and talked to many former customers who had paid them thousands of dollars only to have the money lost as the Martins left the jobs in shambles and unfinished. One customer told me of Mr. Martin’s sex offender status and was sure he had committed arson. I joined him in making a report to law enforcement. Their house mysteriously burned again 14 months later. Since the whistleblower’s policy had been once again ignored and I was outed to this dangerous offender and his wife apparently they fingered me for the fire. I was asked to take a polygraph. I asked NTSSA for a lawyer. I had already filed a formal written statement and agreed to help in any way possible, but a polygraph is reason to get good legal advice. NTSSA refused my request and I was intimidated again. So, are NTSSA and Arciniega going to actively discourage folks from cooperating with law enforcement now?
I sent in a formal request for the Vice President to check the attendance records of a director that it turned out had missed 62% of the meetings and see if she had to be removed as the by-laws state. I had sent my concern only to the VP. She forwarded it to Arciniega. He made sure the director in question got it and she publicly attacked me outside the field house during our fall tournament while David Arciniega looked on apparently amused. Once again he lied and told everyone present that I had sent it to the whole board. I told him that was nonsense and that these antics must stop. There is no ethics committee in GSA though the by-laws state one must be formed. The VP is terrified of Arciniega and once again would not file charges against him.
The infighting on the Garland Soccer board is destroying that association. Several of my then fellow directors were well aware of the lawsuit. They know the allegations are factual. They know the US Youth by-laws state Arciniega shall be removed. That should finally spur a real investigation into what has been going on in GSA and NTSSA. If the dishonest leadership gets removed perhaps those of us who truly care about these kids and coaches can save what is left and rebuild relationships with the neighboring associations so the major league players will still be able to play. It is inexcusable that these serious problems have been allowed to go unchecked for years.
There are so many serious challenges facing GSA Please complete the investigation that Mr. Sutter said was underway. There are many people with information that US Youth should be talking to. When is US Youth going to follow up with me for the names of those folks and for clarification and further documentation?
Please find following the documentation and discussion about those issues facing Garland Soccer:
http://www.realscam.com/f14/heather-dobrott-vs-david-arciniega-garland-soccer-association-kimberley-lawrence-verity-north-texas-state-soccer-3885
http://www.realscam.com/f12/jevin-inc-dan-ptak-online-sports-organization-management-software-hell-david-arciniega-3939/
Thank you again.
Sincerely,
Heather Dobrott
Former U6 Girls’ Director for Garland Soccer
Administrator for Realscam.com
--
Janice Drimer
US Youth Soccer
Region III Director of Operations
919-414-4300 (c)
______________________________________________________________________
From: Heather Dobrott [mailto:hdobrott@gmail.com]
Sent: Sunday, August 16, 2015 11:25 AM
To: mayor@garlandtx.gov; council1@garlandtx.gov; council2@garlandtx.gov; council3@garlandtx.gov; council4@garlandtx.gov; council5@garlandtx.gov; council6@garlandtx.gov; council7@garlandtx.gov; council8@garlandtx.gov; bbabcock@ntxsoccer.org; dmetivier@ntxsoccer.org; jcampbell@ntxsoccer.org; pmcfarlin@ntxsoccer.org; cquinones@ntxsoccer.org; jmills@ntxsoccer.org; gfinch@ntxsoccer.org; newstips@cw33.com; 'John Sutter'; lrhodes@ntxsoccer.org; epfarner@ntxsoccer.org; lhall@ntxsoccer.org; fhiler@ntxsoccer.org; 'Jesse Harrell'; cmoore@usyouthsoccer.org; rmartella@usyouthsoccer.org; news@ktvt.com; Richard.Ray@foxtv.com
Subject: Garland Soccer Association
The safety of the children participating in Garland Soccer should be examined. How the money belonging to these families is being handled by this charity should also be questioned. The City of Garland should not sign a field use agreement with this organization until it is thoroughly investigated by The City of Garland, the North Texas State Soccer Association and US Youth Soccer.
The following issues in Garland Soccer need to be investigated:
1. Garland’s children were harmed by sexual predator Bernardo Mondragon-Guzman. Garland Soccer made numerous promises in the media. “We’re going to do everything we can to protect our children. And if we need to change things, we’ll do, we’ll change things,” David Arciniega blocked every attempt I made to institute proper policies and procedures to keep Garland’s children safe. Garland Soccer has done nothing in response to children being raped.
2. A director married to a registered for life, level 2 sex offender with a child victim was letting him handle rosters and other records. This director did not drive and this offender accompanied her everywhere. The president insisted on keeping her on the board knowing the sex offender would be around at every soccer activity possibly putting our children in danger. This clearly violated Garland’s Loitering ordinance.
3. This same director and her husband were bragging that they would be meeting the association president, David Arciniega, to discuss construction work for GSA when no open bidding was in progress.
4. $8,000.00 of “missing funds” has no proper documentation as the board is routinely denied documentation by David Arciniega.
5. Garland Soccer Association president, David Arciniega, lied to the GSA member coaches about those “missing funds” claiming there was ongoing litigation between the software provider, Jevin and the payment processor, Corduro. 2 years later no litigation is on record anywhere.
6. A former Coach and director were brought up on phony charges when the player pool placed children of the correct age with their coaching parents. Why would children be placed on teams competing against their own parent's teams?
7. The president, David Arciniega, runs this organization like a dictatorship and flouts the GSA, North Texas State and US Youth Soccer by-laws.
8. State law concerning fiduciary duties is not being followed.
9. Elections in Garland Soccer have been rigged for years.
10. Arciniega filed a No Confidence Petition in an attempt to remove a director who spoke on behalf of a candidate running against him. Members are afraid to vote their conscience.
11. The number of players and coaches are dropping as folks leave unhappy with their experience in Garland Soccer.
12. Garland Soccer has lost almost all of its interleague play with neighboring associations. Richardson, Wylie and Chamber Classic have left Garland Soccer. Plano Soccer will not invite us to join them all. The U13 and up depend on interleague to have enough teams to play in their correct age groups.
13. The coaches are shut down at meetings and their voices are not heard.
14. The Garland Soccer Association is operated in a shroud of secrecy even though it is in fact a 501 c 3 charity and should be completely transparent.
15. Members of the association and the public have not been welcomed to the board meetings.
16. Board meeting agendas, board meeting minutes and board member reports are kept secret.
17. GSA has no Ethics Committee as North Texas State requires as Arciniega refuses to form one.
18. GSA has no A & D Committee as required by the by-laws as David Arciniega refuses to allow one to be formed. The A & D process is completely broken and as protocol and procedures are totally flouted all of the hearings are illegal.
19. David Arciniega and Kim Verity refused to issue A & D decision letters in direct violation of North Texas rules which places Garland Soccer NOT in Good Standing.
20. A hearing that was called to decide the placement of a child that was placed on his own father's team by the player pool was called by David Arciniega without informing this coach that the placement of his child was being decided.
21. The Garland Soccer website is not in Spanish though there have been numerous requests over the years for that to happen as much of GSA’s player base is simply not being served.
22. Garland Soccer puts kids in soccer that are in danger themselves and a danger to others as there is no TOPSoccer program in place for kids that would benefit from it. I was working to form a league for special needs players before Arciniega pushed me out. Now, that has been dropped and these wonderful kids are not being served.
Garland Soccer is totally corrupt! How did David Arciniega get elected to the NTSSA state board when he totally mismanages Garland Soccer and does not deal honestly? I should not have had to file suit to get the issues in Garland resolved for our kids and coaches.
http://cw33.com/2015/06/16/north-texas-soccer-coach-arrested-for-child-indecency/
11.1.1
All Member Associations are directed to form their own ethics committee and to hold hearings--WITH THE PARTIES HAVING THE RIGHT TO BE PRESENT--on alleged violations of the Code of Ethics when properly submitted.
Page 60 GSA Bylaws and League rules.....
Revised February 2015
2.1.3
Good Standing of Member Association
To be in good standing in the Association, a Member Association
must meet all of the following requirements:
(1-4 redacted)
5.Member Associations will provide equitable and prompt hearing and appeal procedures to guarantee the rights of individuals to participate and compete and insure due process to the
accused. In all hearings conducted, the parties shall be accorded:
a.Notice of all specific charges or alleged violations in writing and possible
consequences if the charges are found to be true;
• b.Reasonable time between receipt of the notice of charges and the hearing within which
to prepare a defense;
• c.The right to have the hearing conducted at a time and place so as to make it practicable
for the person charged to attend;
• d.A hearing before a disinterested and impartial body of fact finders;
• e.The right to be assisted in the preparation of one’s case at the hearing;
• f.The right to call witnesses and present oral and written evidence and argument; Notice
of all specific charges or alleged violations in writing
• g.The right to confront witnesses, including the right to be provided the identity of
witnesses in advance of the hearing if requested;
• h.The right to have a record made of the hearing if requested in advance, with all costs
to be paid by the requester;
i.
A written decision, with the reasons for the decision, based solely on the evidence of
record issued in a timely fashion and including appeal rights and procedures.
j.
Notice of any substantive and material action of the hearing panel in the course of the
proceedings.
• k.Equality concerning communications and no ex parte communication is permitted between a party and any person involved in making a decision or proceduraldetermination except to provide explanations involving procedures to be followed.
Honor all orders of suspension of persons issued by this Association or one of its Member Associations.
6.Member Associations will, at all times, recognize the authority, rules, rulings, constitution and
bylaws of the Association, which comply with the authority of the United States Soccer
Federation, and its National Associations of which North Texas State Soccer Association is a
member.
7.Failure to comply with one or more of the Subsections 1–6 Section 2.1.3, will result in the Executive Committee determining the Member Association is not in good standing. Failure to
be in good standing is further defined as meaning players and teams registered through the
Member Association will not be allowed to participate in any tournament/event sponsored or
sanctioned by NTSSA, nor will they be certified to play outside of the NTSSA in any games,
tournaments or other competitions for which they might have been otherwise eligible. The
Member Association may not vote on any matter at any meeting of the Association while it is
not in good standing.
8.A Member Association failing to meet any requirements of good standing for a period of sixty
(60) days shall have its territory declared open and shall not be entitled to vote or to any protection, services or competitions of this Association.
Thanks,
Heather Dobrott
Administrator for Realscam.com
Soapboxmom- TxSoccer Postmaster
- Posts : 198
Points : 3743
Join date : 2015-03-19
Location : Garland, TX
Re: Will Jesse Harrell Lead US Youth Soccer & End Corruption?
It is high time the membership take a stand against the corrupt and dishonest leadership in US Youth Soccer.
https://www.scribd.com/document/322286162/Plaintiff-s-Response-in-Opposition-to-Defendants-Motion-to-Abate
Soapboxmom- TxSoccer Postmaster
- Posts : 198
Points : 3743
Join date : 2015-03-19
Location : Garland, TX
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