I filed suit to save Garland Soccer and put an end to the harassment, intimidation, lies and secrecy. David Arciniega has run GSA like a dictatorship when it is in reality a 501 c 3 charity and should be totally transparent. I filed suit to ensure that going forward GSA would follow its own by-laws, NTSSA by-laws, US Youth by-laws and state law concerning fiduciary duties. The GSA directors are elected by the membership at large and represent the member coaches who in turn represent their players and players' families. The directors are supposed to serve the charity and its members and follow the by-laws and state law. NOT Arciniega's Law!!!
GSA has lost every round in court and the judge denied their Motion to Abate:
The judge agreed that GSA and NTSSA did not follow their own by-laws and that I had every right to be heard in court. When GSA asked to mediate and settle, I generously agreed to work with them. I am asking the coaches to stand united and demand that David Arciniega and his clueless followers follow the by-laws and state law and that all of my issues be heard as they should have been years ago. Coaches, please demand that every aspect of this lawsuit and its settlement be made totally public and transparent by David Arciniega and GSA. Please find following part of a letter from my attorney:
The following are the issues on which Plaintiff requests and is entitled to a hearing:
1. GSA misused GSA funds when Arciniega continued to retain Jevin, GSA’s software provider for GSA 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.
2. GSA’s retained 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.
3. 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.
4. In 2014, GSA Director, Angela Bowen-Hearn, missed seven of the previous 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.
5. GSA’s misused proxies which resulted in irregularities and illegalities in GSA elections for 2012, 2013, and 2014.
6. Arciniega filed a meritless, arbitrary, and capricious A&D Charge against Dobrott which was heard by the GSA Board and not the A&D Committee as the GSA Bylaws require for “instructing in the placement of a new coach, along with his son, to an existing team without following proper procedures.”
7. Arciniega was the complainant on a “No Confidence Petition” against Dobrott which was meritless, arbitrary and capricious and which was filed against Dobrott in retaliation for Dobrott supporting the candidate running against Arciniega in the 2013 spring GSA election.
There have been no GSA findings on any of these complaints by Plaintiff.
As to issue number 1, a forensic audit should be done and independent counsel should be appointed to ascertain what happened with the "missing money" due to Jevin and why David Arciniega lied to the Garland Police and stopped the investigation after I filed a report about the missing money. Why Arciniega continues to retain Jevin when 18 charities have had late or missing payments totaling over $400,000.00 in 2016 alone needs to be investigated.
As to issue number 2, a hearing should be held to determine why David Arciniega insisted on retaining a director married to a sex offender (with a child victim) who couldn't drive and was not fulfilling her duties. Arciniega should be held accountable for violating the whistleblower policy by alerting that felon I had given NTSSA his criminal records. Mysteriously, the director's and sex offender's house burned down a second time in 14 months and they tried to pin me with arson. I had to keep the investigation secret while board members sympathetic to Arciniega attacked me for harassing this director married to the sex offender. For a second time I was harassed by David Arciniega and his clueless followers for doing the right thing and going to the authorities.
As to number 3, all agendas, board meeting minutes and board member reports should be published on the website and available in the office. All board meetings should be completely open and welcoming. Executive session should be an extreme rarity to discuss a sensitive contract, issue or background check appeal only as NTSSA's VP instructed the board.
As to number 4, a hearing for charges related to David Arciniega's violations of the Whistleblower Policy should be held.
As to numbers 5 and 7, the rigged elections that had referees coming in with proxies given to them by Gayle Brandt and her husband with the referees being specifically told to vote for Kim Verity need to be investigated and charges filed. Also the No Confidence Vote that publicly attacked me for supporting and voting for a candidate running against David Arciniega requires charges be filed against David Arciniega and anyone that signed (Erick Quintana,coach husband of director Darcy Quintana, Crystal Martin, wife of convicted sex offender, Jaime Hearn, husband of director Angela Hearn, Juan Ramirez, director who angrily stormed out when a coach came to a board meeting) or voted in favor of it. State law requires coaches and directors vote in the best interest of the non-profit corporation. David Arciniega must be held accountable for harassing, intimidating and publicly attacking us for voting our conscience. No coach or director should be afraid to vote their conscience. I have the e-mails that prove David Arciniega was behind that in retaliation for me voting for a (far more qualified) candidate that opposed him.
As to number 6, an A & D hearing must have a decision letter issued that gives the accused the right to appeal. David Arciniega dragged Rachel Beltran and I up on phony charges when the player pool placed a correct age child on the same team as his parent coach. Who is the world would have their child on a different team and play against them? David Arciniega attacked us in front of the GSA board with this pure nonsense and then refused to issue the required letter that would allow us our appeal at NTSSA. I demand that letter be produced!
Thank you coaches for all the wonderful things you do for our kids. Now, it is time that we take back this association!
Administrator for Realscam