You are on page 1of 62

FILED

DALLAS COUNTY
8/25/2016 10:25:52 AM
FELICIA PITRE
DISTRICT CLERK

CAUSE NO. DC-15-02572


HEATHER DOBROTT,
Plaintiff,
v.
GARLAND SOCCER ASSOCIATION,
INC. and DAVID ARCINIEGA,
Defendants.

IN THE DISTRICT COURT OF

DALLAS COUNTY, TEXAS

95th JUDICIAL DISTRICT

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE


TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff, Heather Dobrott, and files Plaintiffs Response in Opposition to
Defendants Motion to Abate. In support of this Response, Plaintiff would show the Court as
follows:
OVERVIEW
Defendants claim that this case should be abated to require Plaintiff to exhaust her
internal remedies with Defendant Garland Soccer Association (GSA) including appeals, if
necessary, to North Texas State Soccer Association (NTSSA). Defendants Motion to Abate
should be denied for the following reasons:
1.
Lack of Meaningful Access: At all pertinent times, Plaintiff has lacked
meaningful access to the internal remedies Defendants seek to have Plaintiff exhaust.
GSA and NTSSA have failed and refused, despite Plaintiffs repeated efforts before filing
this lawsuit, to hear and make a decision on Plaintiffs complaints at issue in this lawsuit.
In short, GSA and NTSSA have already failed and refused to address Plaintiffs
complaints via the internal remedy process. Therefore, Plaintiffs lack of meaningful
access to the internal remedies of GSA and NTSSA is an exception to any requirement
that Plaintiff must exhaust her internal remedies with GSA and NTSSA.
2.
Lack of Feasibility: At all pertinent times, it has not been feasible for
Plaintiff to avail herself of the internal remedies set out in the GSA Bylaws. GSA does
not have and has not had an Appeals & Disciplinary Committee (A&D) as required by
their own Bylaws and Rules. Pursuant to the GSA Bylaws and Rules, the GSA A&D
PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 1
Page 1

Committee is required to hear Plaintiffs complaints at issue in this lawsuit. Since no


A&D Committee exists at GSA, it is impossible and not feasible for Plaintiff to exhaust
her internal remedies with GSA.
3.
Waiver: Defendants have waived any right to abatement by not timely
bringing the abatement issue before this Court for a ruling.
In the alternative and in the event this Court is of the opinion that this case should be
abated, Plaintiff respectfully requests the Court to specify and order the procedures and deadlines
for the internal remedy process in accordance with due process and the governing corporate
documents of GSA and NTSSA. Without an Order specifying the procedures and deadlines for
GSA and NTSSA to afford Plaintiff her internal remedies, Plaintiff believes that GSA and
NTSSA will ignore Plaintiffs complaints, refuse to hear Plaintiffs complaints, and fail to
provide Plaintiff with due process to address her complaints as GSA and NTSSA have already
repeatedly done. Plaintiff also respectfully requests that Defendant GSA specify all internal
remedies which it contends that Plaintiff must exhaust, including any appeals, for each of her
complaints set out in Section 4 (a)-(g) of the Facts below.
FACTS
1.

Plaintiff 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.
2.

GSA was formed to create and maintain a soccer program for the residents of

Garland, Texas. GSA is a non-profit corporation.


3.

Pursuant to the Bylaws and Rules of GSA and 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 GSAs misuse of funds and

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 2
Page 2

misapplication of applicable Bylaws and Rules; and (d) all administrators, team managers, team
members, and participants in GSA are under the jurisdiction of NTSSA.
4.

Plaintiff 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, contrary to public policy, and which adversely affected GSA
and its property (i.e., GSA registration monies) and the safety of GSAs players who are minors:
(a) GSA misused GSA funds when Arciniega continued to retain Jevin, GSAs
software provider for GSA scheduling and registration. Jevin handles all the registration
monies of GSA. GSA continued to retain Jevin despite the fact that over $8,000.00 of
GSAs registration money was missing while said funds were under Jevins control.
(Prior to filing this lawsuit, Plaintiff complained about Jevin to both GSA and
NTSSA and received no hearing, findings or decision regarding her complaint. See
Exhibit D attached hereto.)
(b) GSAs 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 husbands public criminal record to GSA and NTSSA. (Prior to filing
this lawsuit, Plaintiff complained about this child safety issue to both GSA and
NTSSA and received no hearing, findings, or decision regarding her complaint. See
Exhibit E attached hereto.)
(c) 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. (Prior to
filing this lawsuit, Plaintiff complained about these issues to GSA and received no
hearing, findings, or decision on these issues as required for Plaintiff to appeal to
NTSSA. See Exhibit F attached hereto.)
(d) 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. (Prior to filing this lawsuit, Plaintiff complained about these issues to
GSA and received no hearing, findings, or decision on these issues as required for
Plaintiff to appeal to NTSSA. See Exhibit G attached hereto.)

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 3
Page 3

(e) GSA misused proxies which resulted in irregularities and illegalities in GSA
elections for 2012, 2013, and 2014. (Prior to filing this lawsuit, Plaintiff complained
about this issue to GSA and received no hearing, findings, or decision on this issue
as required for Plaintiff to appeal to NTSSA. See Exhibit H attached hereto.)
(f) 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 and Rules require for instructing in the placement of a new coach, along with his
sons, to an existing team without following proper procedures. There were no findings
issued by GSA on this A & D Charge. (Prior to filing this lawsuit, Plaintiff
complained about these issues to NTSSA and received no hearing, findings, or
decision on these issues. See Exhibit I attached hereto.)
(g) 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. (Prior to filing this lawsuit, Plaintiff complained about
these issues to GSA and received no hearing, findings, or decision on these issues.
See Exhibit J attached hereto.)
5.

Article VI, Section 2.1 of 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. See Exhibit A
attached hereto. The GSA Rules provide many specific duties of the A& D Committee as set out
in Exhibit B attached hereto. The A & D committee of GSA has not heard any of Plaintiffs
complaints in this lawsuit which are set out in section 4 (a)-(g) above.
6.

The NTSSA appellate procedures are set out in Section 3.11.9 of the NTSSA

Rules, a copy of which is attached hereto as Exhibit C.


ARGUMENT
1.
Defendants Motion to Abate should be denied for the reason that Plaintiff
lacked meaningful access to the internal remedies of GSA and NTSSA because GSA and
NTSSA have failed and refused to hear and make a decision on Plaintiffs complaints
despite Plaintiffs repeated requests prior to filing this suit.
A claimant is not required to exhaust internal remedies where there is a lack of
meaningful access to the internal remedies procedures. Smith v. Blue Cross & Blue Shield of
PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 4
Page 4

Wisconsin, 959 F.2d 655, 659 (7th Cir. 1992). Here, Plaintiff made repeated efforts to avail
herself of GSA and NTSSAs review of each of her complaints at issue in this case with no
success. Before Plaintiff filed this lawsuit, both GSA and NTSSA ignored Plaintiffs complaints,
refused to hold a hearing or grant Plaintiff due process regarding her complaints, and refused to
make any findings on Plaintiffs complaints.
Specifically, Plaintiff made complaints to both GSA and NTSSA on the various issues
before this Court, and both GSA and NTSSA refused to act as shown on Exhibits D J attached
hereto. Because Plaintiff had no meaningful access to the internal remedies process of GSA and
NTSSA, Defendants Motion to Abate should be denied.
2.
Defendants Motion to Abate should be denied because GSA at all pertinent
times did not have an A&D Committee hear Plaintiffs complaints as required by GSAs
own Bylaws and Rules.
Futility is a recognized exception to the requirement that a claimant must exhaust
administrative remedies. Ogletree v. Glen Rose Ind. School Dist., 314 S.W. 3d 450, 454 (Tex.
App. Waco 2010 pet. denied); see also, Smith v. Blue Cross & Blue Shield United of Wis., 959
F.2d 655, 659 (7th Cir. 1992); Dawson Farms, LLC v. Farm Serv. Agency, 504 F.3d 592, 606 (5th
Cir. 2007); Gardner v. School Bd. Caddo Parish, 958 F.2d 108, 111-12 (5th Cir. 1992). GSAs
internal remedies process is described in Exhibits A and B attached hereto. This process
expressly requires that the GSA A&D Committee hear Plaintiffs complaints. GSA does not
have and did not have an A&D Committee to hear Plaintiffs complaints as required by GSAs
own Bylaws and Rules. Therefore, it is not feasible for GSA to provide Plaintiff with the
internal remedies guaranteed by its own Bylaws and Rules.
Further, Courts have held that a private association, such as GSA, must afford its
members due process. Masonic Grands Chapter of Order of Eastern Star v. Sweatt, 329 S.W.2d

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 5
Page 5

334, 337 (Tex. Civ. App. Fort Worth 1959, writ refused, n.r.e.); Hatley v. AM. Quarter Horse
Assn, 552 F.2d 646, 655 (5th Cir. 1977). The essential elements of due process are notice and an
opportunity to be heard and to defend in an orderly proceeding adapted to the nature of the case.
Sweatt at 337. Here, GSAs own Rules and Bylaws set out the due process to which Plaintiff is
entitled. Because GSA cannot follow this process since it has no A&D Committee, it is not
feasible for Plaintiff to exhaust her internal remedies. Therefore, Defendants Motion to Abate
should be denied.
3.
Defendants Motion to Abate should be denied because Defendants have not
timely brought the abatement issue before this Court for a ruling on abatement and,
therefore, have waived abatement.
Defendants have waived any right to abatement by not timely bringing the abatement
issue before this Court for a ruling. Specifically, this case was filed on March 6, 2015, over
seventeen months ago, and is set for trial on October 31, 2016. Defendants have conducted
discovery on the merits of this case and have obtained a ruling from this Court on a Motion to
Dismiss. By their dilatory conduct, Defendants have waived any right to abatement in this case.
If Defendants were really concerned about abating this case for Plaintiff to exhaust her internal
remedies, Defendants would have brought this issue to the Court for a ruling long before now.
Defendants request for abatement is simply a delay tactic by Defendants and should be denied.
4.
In the event that this Court is of the opinion that abatement should be
granted, this Court should order procedures and deadlines for the internal remedy process
in compliance with due process and the corporate documents of GSA and NTSSA.
GSA and NTSSA have already repeatedly ignored, refused to hear, and failed to provide
Plaintiff with due process to address her complaints as shown in Exhibits D J attached hereto.
However, in the event this Court is of the opinion that this case should be abated for Plaintiff to
exhaust her internal remedies, Plaintiff respectfully requests the Court to order as follows:

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 6
Page 6

a.
Within 60 days of the date of the Order of the abatement, GSA shall hear
each of Plaintiffs complaints set out in Fact Section 4 (a)-(g) above, in accordance with
the procedures set out in Exhibit B, the GSA Rules, attached hereto;
b.
As a condition to abatement, GSA shall specify the specific procedures
required for Plaintiff to exhaust her internal remedies, including all appeals, within seven
days of the date of the Courts Order of Abatement. Plaintiff shall specify in writing the
following: (1) to whom any appeal must be made; (2) the deadline for any appeal; (3) the
deadline for any decision on Plaintiffs appeal; and (4) the specific rules and procedures
that apply to any appeal.
c.
Any appeal to NTSSA shall be conducted in accordance with the time
deadlines and procedures set out in Exhibit C attached hereto;
d.
In the event any time deadlines and procedures ordered by this Court or
specified by GSA pursuant to Section 4(b) above are not met or followed, Plaintiff may
file a Motion to Set Aside the Order of Abatement and obtain a Pre-Trial Order setting
dates for completion of discovery, joinder of new parties, other pre-trial matters and trial.
CONCLUSION
WHEREFORE, based on the foregoing, Plaintiff, Heather Dobrott, respectfully requests
that the Court Order as follows:
1.

Defendants Motion to Abate is denied; or,

2.
In the event this Court is of the opinion that Defendants Motion to Abate
should be granted, this Court order the specific procedures and time deadlines for GSA
and NTSSA to act in the internal remedy process in accordance with due process and the
corporate documents of these organizations as requested in Argument Section 4 (a)-(d)
above; and
3.

Plaintiff have such other and further relief to which she is justly entitled.

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 7
Page 7

Respectfully submitted,
LAW OFFICE OF FOSTER & FOSTER, P.C.

/s/ 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
Certificate of Service
I certify that a true and correct copy of the above and foregoing was served on parties of
record, pursuant to the Texas Rules of Civil Procedure, on this 25th day of August, 2016.

/s/ Susan Johnson Foster


Susan Johnson Foster

PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO ABATE

Page 8
Page 8

29 May 2014

2.4

Training and Special Events Director: The Training and Special Events Director will
coordinate training sessions, coaching clinics, and fund raising activities of the Association and
will appoint, with the Board of Directors' approval, the "Association Coach" with the required
minimum "E" coaching badge, who will conduct coaching clinics for the Association. The
Training and Special Events Director shall serve as Chairman of the Cup & Games Committee
unless otherwise appointed by the President.

2.5

Publicity and Awards Director: The Publicity and Awards Director will coordinate publicity
and awards (patches and trophies) for the Association.

2.6

Referee Director: The Referee Director shall be a registered USSF Referee in good standing
and shall report the activities of the Referee Committee to the GSAI Board at all board
meetings. The Referee Director shall be an active referee within the Garland Soccer
Association with an accumulation of twenty (20) games or more in the .current fiscal soccer
year. The Referee Director shall serve as the Chairman of the Referee Committee and will act
as the liaison to the Referee Assignor. The Referee Director will coordinate all Referee
Certification and Re-Certification classes and/or events. The Referee Director shall be required
to hold at least one (1) meeting at the beginning of every soccer season with all USSF Referees
who plan on or have worked games for the Garland Soccer Association. This meeting shall be
used to address any pertinent rule changes or procedures for which the Referees must follow.

ARTICLE VI - Committee
1.0

ELECTION COMMITTEE

1.1

The Board shall appoint an Election Committee no later than two (2) months prior to the semiannual dates. The Committee shall consist of a chairman, who may not be a Director, and at
least two members, none of whom shall be candidates for office. It shall be the duty of the
Committee to provide supervision of the nomination and election of Directors in accordance
"'ith procedures adopted by the Board.

2.0

STANDING COMMITTEES

2.1

Appeals and Disciplinary Committee: It shall be composed of the Vice President as Chairman
and four (4) Association Coaches in good standing. A member of the Referee Committee,
designated by the Referee Director, may be in attendance as a nonvoting representative and
advisor. The Chairman shall call all meetings; specifying the time and nature; notify all
participants; and shall vote on matters only to establish a majority vote. The chairman shall
notify the Association President and Director(s) of all Committee rulings immediately and
submit written reports to the GSA Office Manager within ten (10) days.
All coaches of record registered with GSAI will be eligible to serve on the Appeals and
Disciplinary Committee. A coach who is serving any disciplinary assessment shall be
considered to be "not in good standing" for the A & D Committee purpose. The Chairman of
the A & D Committee shall choose the four (4) required coaches from coaches in good standing
and who are not involved with the age group of the A & D matter.
A quorum for any hearing will be one (1) board member and two (2) Coaches.
EXHIBIT

ft

-9Page 9

2 December 2014

RULE 11. APPEALS AND DISCIPLINARY COMMITTEE


NTSSA has urged all members associations and their committees to REFUSE to hear any
protest or appeal when any person is threatening lawsuit. The matter will be directed to
NTSSA. The use of tape recorders, court reporters and the presence of attorney at GSAI and
NTSSA will not be permitted.
PURPOSE AND RESPONSIBILITY:
The Appeals and Disciplinary Committee is responsible for the investigating, hearing and
disposing of, in an equitable manner, all matters that are contrary to the By-Laws and Rules of
the Association. All players, coaches, assistant coaches, team managers, parents, spectators,
administrators, and others who are registered in GSAI and/or participate in soccer activities
within the jurisdi~tion of Garland Soccer Association, Incorporated shall abide by the By-Laws
and Rules of Garland Soccer Association, Inc., and will be subject to fue decisions made by the
GSAI A&D Committee.

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 Imowledge 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
parties who may be innocent, the investigation will avoid revealing details as much as
possible.

2.

Preparation of the Charge(s): If necessary, the Committee will prepare the charge(s) that
will be brought against the accused and the specifications(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.
3.

4.

The specification(s) states "what" the accused is alleged to have done.

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.
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 specifi.cation(s).

r:

Ii
1:

!i

I'
I',,.

IIi
i',,

F
L

34

EXHIBIT

13

GSA 00188
Page 10

rI
2 December 2014

c.

The Chairman will provide copies of all documents to all participants.

d.

The Chainnan 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:
The Appellant's, making charge, opening statement.
The Appellee's, being charged, opening statement.
The Appellant for presentation of argument, calling of witnesses and crossexamination of AppeUee through the Chairman.

r!

The Appellee for presentation of argument, calling of witnesses and crossexamination 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 Appelle
as prescribed in the charge(s) and specification(s) as preferred against the Appellee.

NOTE: The charge(s) and specifications(s) can be amended to conform to facts


brought out in the hearing, but not in such a-w.ay as to find: the Appellee guilty of a
charge(s) for which he has not been tried.

6.

b.

Each of the specifications, and then the charge, is read, opened to debate, and voted
on separately. If the Appellee is found guilty of one or more of the specifications
but not of the charge, a lessor charge should be moved and voted on.

c.

If the Appellee is found guilty, the Chairman announces ihat the next item of
business is the determination of the penalty.

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 he recorded by the Chairman.

35

GSA 00189
Page 11

2 December 2014

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 fmdings and the
Appellee shall be declared so.

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 GSAI 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.

C.

D.

Any coach or player may appeal a finding of the GSAI Board to the Appeals and
Disciplinary Committee ofNTSSA as prescribed by NfSSA Rules.

Violations:

1.

Upon written receipt of an alleged violation of the By-Laws 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 By-Laws ofNTSSA or GSAI shall be penalized
the prescribed penalty, if stated, and/or any additional penalty imposed by the A&D
Committee.

Suspension:
l.

Suspension must be served even if canied over to the next season. A player or coach
under suspension who chooses to nDt participate in. a season must fulfill that suspension
in the season in which he return to active participation.

36

GSA 00190
Page 12

--r1
2 December 2014

a.
b.

c.

Coaches: GSAI requires that a suspended coach may not appear at the soccer
complex* while under suspension.
Players: GSAI requires that a suspended player may appear at the soccer complex
only so long as he is not wearing any part of his uniform.

i'.

1.

ll
I:

I:

Team: A team must forfeit any game that a coach or player participates in, if the
coach or player is under suspension. The violation of the suspension will be
submitted to the A&D Committee for further action.

NOTE: Soccer complex is defined as the properly within the public access roads

!
i

that surround the playing fields designated as PARD responsibility, this does
include the parking lot.

E.

i.

i
j

Game Protest:

I:
I:

l. There are only two acceptable.causes for the protesting of a game after it has been played.
They are:

i.

i.

a.

A team knowingly plays a unregistered, ineligible, or suspended player; or

b.

There has been an obvious error made in the application of the Laws of the Game
that directly affects the outcome of the match, and the referee admits it,

2. No protests can even be entertained if they are based on judgment decisions made by the
referee during play. The Laws of the Game clearly state in Law V (Referees) that... "A
referee shall be appointed to officiate each game ... his decisions on points of fact connected
with the play shall be final, so far as the result of the game is concerned". A game cannot
be protested because one coach, or both for that matter, thinks the referee was incompetent
This is a matter to handle through the local referees' group or the State Referee Committee.

,.

f:

I
'

3. Any protests relating to the grounds, goal posts, cross bars, or other appurtenances of the
match shall not be entertained by any protest committee or board unless an objection has
been lodged with the match referee before the commencement of the match. The referee
shall require the responsible team to remove the cause of objection if this be possible,
without unduly delaying the process of the match. If the objection remains, the coach may
write a brief protest and submit it to the referee prior to fielding his team. At the conclusion
of the game, the referee shall note the fact of the pre-game protest on the game report, sign
the written protest, returning it to the coach.
4. When an objection has been lodged, the coach must formally submit the protest in writing
to GSAI even if his team won the match. No objection or protest shall be withdrawn
(because the protestor won the match) except by consent of the GSAI A&D committee.

37

GSA 00191
Page 13

i
;

2 December 2014

NTSSARULE3.H DISCIPLINE
llerucdJuly, 2003

3.11.8

3.11.9

I
I

Misconduct of Referees
When any referee is alleged to have committed misconduct toward any participant, spectator of a
match or toward another referee, the State A & D Committee will hear such allegations and assess
punishment concerning the Referee in regard to his activities.
Appellate Procedures
1.
All those under the jurisdiction ofNTSSA are reminded that they must exhaust all appellate
procedures of the Member Association on all matters not covered by these Rules before the
State Association can acquire jurisdiction to hear the appeal under its rules.
2.
Member Associations are reminded that they may set the rules of hearings and may restrict
the number of witnesses, and the time allotted to each, so long as fair hearings are held. It
may also determine whether it wants to allow closed or open hearings.
3.
Member Associations and their c:on:u:ni.ttees are urged to refuse to hear any appeal when any
person is threatening a lawsuit. You should pass the appeal to the next higher forum which
would hear it. This is a sport to which we are giving freely of our time, and none of us needs
to take the trouble and expense to appear in court.
4.
To allow the use of tape recorders, court reporters and the presence of attorneys at hearings
is optional with the Member Associations.
NTSSA will refuse to allow such recording devices, and thepresence of attorneys at hearings
is optional with the Member Associations.
5. .
Should any aggrieved party resort to the courts without exhausting all avenues of appeal
inclilding through to the USSF, the State Association may, at its discretion, suspend such
person or refuse to accept further registration in soccer activities within its jurisdiction.
6.
An appeal of decisions pursuant to 3.11 made by Member Associations, after Member
Association's appeal procedures have been exhausted, will be made to the State A & D
Committee in accordance with procedures established by this section.
7.
An appeal of decisions made by the State A & D Committee will be made to the State
Executive Con:u:nittee in accordance with procedures established in this section.
8.
An appeal of decisions presented to the NTSSA will be:a.
In writing.
b.
Made to the General Manager ofNTSSA within five (5) da1s ofreceipt of written
notice of the lower level authority's decision(s).
c.
Fees, as specified, will be in cash or certified check and :will accompany the written
notice of appeal.
9.
Filing fees for appeals will, under no circumstances, be waived. Fees will be refunded to the
appealing party only if the previous decision is overruled. Fees will be:
a)
All Player Appeals - $50.00
($25.00 paid by the player and $25.00 paid by the coach)
b)
All Coach Appeals & Referee Appeals - $100.00
c)
All Team Appeals - $100.00

I',.

I
l..
1:1

J
I
I
I

I
I:

,,_.
I

i
i

I
I
i

3.11.10 Records
The Appeals and Disciplinary Conunittee will maintain a permanent file of all reports sent to it and
the action taken. When any one person or a team shows a trend towards numerous misconduct
reports, the Conunittee will contact such person or team for the purpose of waming or may call
such-person or-team before it
3.11.11 Association to Comply
When any Member Association,. or a member thereof, fuils to send in reports as required by this
Rule, NTSSA will talce any action it considers proper, including fine not to exceed Five Hundred
Dollars ($500.00). Repeated violation by Member Association can result in such associationbeing declared not in good standing.

EXHIBIT
,--~

GSA 00187
Page 14

From: Heather Dobrott [mailto:u6girls@garlandsoccer.com]

Sent: Monday, July 08, 2013 5:02 PM


To: David Arciniega
Cc: Kim Verity; Sam Perry; Don Starkey; Kathleen Robinson; Darcy Quintana; Robert Mayfield; Crystal
Martin; Heather Dobrott; Angela Bowen-Hearn; Terry Walser; Piney Burch-Walser; Rachel Beltran; Don
Shell
EXHIBIT
Subject: U6 Girls Director Monthly Report for 7/2013 ~

I
Page 15

This month [ 712013]


Accomplishments
Continued to answer questions and assist parents and coaches as needed.

Gave coaches copies of their rosters so that they could contact their players when
requested.

Miscellaneous
Plans
Call all coaches to thank them for coaching in the spring and to get an accurate count of
coaches and teams that will be returning.
2

Revise the U6 handout.

Offline Comments

(not for the minutes)

Judging from the charges David Arciniega filed and Kim Verity prosecuted against me
and Rachel Beltran because a child was placed on his own father's team, it seems apparent
that GSA's A&D process needs some attention. Proper protocol and procedure were
clearly not followed in our case.
Suspended coach Marquez was caught with an illegal player around November l 0,
2012. The hearing was not held until over 3 months later on February 21. That was a few
days before the start of the next season. That team was not given enough time to find a
new coach and get organized. Hearings need to be scheduled in a timely manner.
In Mr. Marquez's most recent hearing for violating his suspension if only 5 actual panel
members were left after he excused Mr. Arciniega and 2 directors stepped back, that
hearing was held with far fewer than a quorum. With 15 board members 50% would be
7.5, so at least 8 board members must be on an A&D panel to constitute a quorum the way
I am reading the by-laws. Did that hearing go forward without a quorum that could
conduct business as prescribed in the by-laws?
Chris Sobieski has been a fixture for years, but I believe it is time to critically evaluate
whether we should be utilizing him in the future. I was told by a coach who did use him
frequently that on most Friday nights the same 3 teams and their 2 coaches used him
basically for their practices. Few other teams came up on a Friday night. Sunday night
was apparently typically running with between 4-15 field players at those sessions. As we
have no written documentation of any kind that I am aware of, we can't be sure what the
exact numbers are.
2

Mr. Sobieski is not taking any U6 or younger teams on Friday nights, when these new
coaches that may have no playing experience are perhaps the ones most in need of
help. These new coaches need concrete advice on safe and beneficial activities for use
with preschoolers.
I believe GSA's money would be better spent on G and F licenses and a few group
clinics. That could be much more cost effective and more beneficial to our coaches.
3

The "missing payments" through Jevin are very troubling. I don't think we should be
using them until we have thoroughly investigated this and have concrete answers as to
where that $8 000.00 went. As an or anization akin to a charit we have a res onsibilit

Page 16

to be extremely judicious in the use of our limited funds. What documentation from Mr.
Ptak and from Coduro do we have?
Why is it a supposedly successful software provider with lots of clients doesn't have the
liquidity to pay the 8 grand? Why is it that Jevin can't qualify for a loan? And, the
obvious question, if the payment processor was slow or at this late date has perhaps
absconded with the money, what action have Jevin and GSA taken in that regard? This is
a very serious matter and we should not be doing business with Jevin until we have
satisfactory answers.
I did a little research online and Jevin is so small they have no listing on the BBB
website. There are literally no comments about the system on discussion forums or
ratings sites which is very unusual. The business appears to be a one man operation
according to corporate filings with the state of Texas and the assumed name doc on Collin
County's site. It is run out of Ptak's home after 12 years. GotSoccer is also about 12 years
old. GotSoccer serves NTSSA and 290 of the organizations such as ours under their
umbrella.
GotSoccer did give me figures that I think merit further due diligence and
discussion. Most importantly there is no contract tying us to them if we should ever wish
to change providers. They charge $2.00 per player for a full soccer year. It is $10.00 per
team for tournament registration. The money does not go through them, but rather the
payment processor of our choice. Got Soccer sends an invoice for the money due for
registration fees. The payment processor's fee will be separate and the going rates are
around 2.5 - 3%. We could realize significant savings with GotSoccer and as all our data
goes to NTSSA and neighboring associations that already use it that is certainly a plus.
I will put together some rough figures for the meeting. And, I hope that GSA's AGM
attendees will get more information this weekend that will help us make an informed
decision.
The Major League position was long ago split into 2 positions.
4

"A motion was made to have a League Director for U14 thru U19 Girls in
addition to the Major League Director who also serves as the U 14 thru U 19
Boys League Director. The motion was seconded. Discussion was held. The
motion passed ( 11 in favor, 1 against and 0 abstained)."
I would like to exchange coaches 1 page signed coaching agreement with GSA for the ball
ticket.

This parent agreement is a shining example of what kind of materials I would like for us
to prepare for our coaches and parents:
h!ill://www.positivecoach.org/common/cms/documents/Leader%20Tools%20%20Public/PCA Parent Pledge.pdf
We still need to make positive changes in educating our coaches and parents regarding
protecting our kids from sexual predators. Coaches need handouts that stress never
leaving a child alone and always ensuring that no child is ever left alone with an adult that
is not their parent. Our website and handout materials need to cover this in detail.

6
http://www.positivecoach.org/common/cms/documents/Coach%20Tools%20%20Public/Coach ChildAbusePrevention.pdf
In order to facilitate makini> these nositive chani>es I believe a few extra small !!:roun

Page 17

Iboard meetings are definitely in order.


For future months:
Plans
1

!Continue to work hard to educate myself and my coaches as best possible and volunteer to
help with Saturday registrations and wherever else needed.

From: David Crawford [mailto:projsocc@yahoo.com]

Sent: Wednesday, February 19, 2014 9:45 PM


To: 'David Messersmith'; 'Heather'; 'David Crawford'; 'Chris Kotschi'
Cc: 'Billy Babcock'

Subject: RE: Garland Soccer Association Financial Accountability


Heather,
I have reviewed your information and will discuss this with a couple of our Board members to determine how we
want to address your request.
David Crawford
NTSSA VP-Development

From: David Messersmith [mailto:david@ntxsoccer.org]

Sent: Wednesday, February 19, 2014 3:25 PM


To: 'Heather'; David Crawford; Chris Kotschi
Cc: Billy Babcock

Subject: RE: Garland Soccer Association Financial Accountability


Heather,
We are in receipt of your email complaint. I do not know if David Crawford is in town right now. When he is
available he will determine what action, if any, that North Texas Soccer will pursue. Neither Chris Kotschi or myself
are in a position to make that determination. We will hold the information until we hear from Mr. Crawford. Thanks
for your work on this and it will be addressed soon.
David M

From: Heather [mailto:garlandsoccerrocks@gmail.com]

Sent: Tuesday, February 18, 2014 5:29 PM


To: David Crawford; David Messersmith; Chris Kotschi
Cc: jsutter@usyouthsoccer.org

Subject: Garland Soccer Association Financial Accountability


Dear North Texas board members and office staff,
I am respectfully requesting that North Texas exercise jurisdiction over the Garland Soccer Association and conduct
a thorough investigation into the missing funds. It is also imperative that the phony charges filed against me and the
Ul2 director and the no-confidence vote (brought against me for seeking proper documentation related to the
missing funds and taking the appropriate action by reporting these missing funds to the proper authorities)
be evaluated in relation to their validity and adherence to proper protocol and procedure as prescribed in our bylaws.
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

Page 18

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.
Please see the accompanying documents attached. Note the executive committee completely and unnecessarily
bypassed the board. They agreed to a discount on future withholdings by Jevin to repay over $8,000.00 of missing
payments from the spring 2013 soccer season. Jevin, already had a history oflate payments and issues. The
payment processor Corduro was the convenient scapegoat for this missing money without a shred of documentation
to substantiate that they were in any way responsible. The story that Jevin couldn't get a loan to pay GSA the
money owed is beyond laughable. That suggests that Jevin has serious financial concerns as they cannot qualify for
a small business loan among many other possibilities.
Another director pointed out the obvious at our monthly meeting in July 2013. This whole financial issue is fraud
plain and simple. The first step (which I in fact took) should have been to go to authorities as it cost nothing and
was personally recommended to me by my licensed attorney and a forensic fraud investigator. When I took that
proper step of going to our local police, I was attacked by the board and David Arciniega told the police and the
board that any talk of these missing payments was "unfounded." What we have been writing and saying about
Corduro, for months without any verifiable documentation amounts to libel and slander. And, reduced fees do not
address the critical issue of who was responsible for the late and missing payments to begin with and why anyone
might wish to cover up that problem.
The second page of the attachment shows Jevin's glowing testimonial about Corduro. They claim they are getting
funds the next day from Corduro. Next, I have included my August board report. I documented in writing the
information we had been given by David Arciniega. In July when I asked for more information about the missing
payments from Jevin, David Arciniega went on about $50,000.00 in losses he claimed Jevin suffered due to
Corduro. I was horrified to think other non-profits and businesses might have been harmed and continue to face
losses due to Corduro and that GSA was taking no action. I questioned why Jevin didn't go to the authorities and
why they were filing a court case in lieu of a free investigation by the police. I also questioned how Jevin could
fund a court case if they couldn't pay GSA the 8 grand owed or even qualify for a loan. I am very concerned that
we are continuing to do business with Jevin when we have no verifiable documentation about any of this.
The November General Coaches Meeting minutes follow. Following is the quote of what David Arciniega said at
the September meeting:
"GSA receives it largest income from the registration fees so all income must match the data in the Jevin System
daily. Jevin/online provider owed GSA $8,061 (in June 2013) which was paid in full to GSA as of August 201h. To
compensate GSA for this delay, Jevin will lower its rates resulting in additional revenue for GSA. Litigation is ongoing between the online provider and Jevin so additional information may not be divulged per the North Texas
lawyers."
Why is this misinformation being sent out to our coaches? Board members have asked for proper documentation for
months and none has been fmthcoming. The president and executive committee members must be aware at this
juncture that the court case is pure fiction. I need the contact information for the North Texas lawyers to be
forwarded to me immediately, so that any records they have related to this financial fraud can be accessed by the
GSA board members seeking clarification on this matter. The GSA board must make decisions based on verifiable
fact and not rumor, innuendo and hearsay.
I checked with Collin County (where Jevin is located), Dallas County and Tarrant County (where Corduro is based)
and confirmed there was never any action filed. Knowing that, I went to Corduro to get their side of the story as
should have been done by the leadership of GSA in the beginning. The CEO and president of Corduro, Robert
Ziegler, generously offered to speak with me and respond to my request for information in writing. Said
correspondence is attached. Mr. Ziegler indicated that Jevin and Corduro had parted ways amicably a year ago. He
stated that Corduro does not owe Jevin any money, much less the $50,000.00 claimed by David Arciniega. Jevin

Page 19

never threatened or filed any litigation against them. And, no investigations by law enforcement were conducted to
his knowledge. So, GSA, David Arciniega and NTSSA by association have been libeling and slandering Corduro
and frankly we are fortunate that Mr. Ziegler is not pursuing any litigation against us at this time in light of the wild
tales that have been told regarding his company.
The actions of the GSA president and executive committee defy logic. We are a charitable organization and
everything we do should be well documented and completely transparent. We are to be the good stewards of the
funds of the families of Garland that come to us. I have been asking for open meetings and proper documentation,
all of which constitutes normal procedure and ordinary care for a board member that is executing their legal
obligations and duties. Our president is still advising people they are not welcome at board meetings and operating
this public charity under a veil of secrecy.
To allow continual harassment and retaliation against board members that are making ordinary and necessary
request for proper documentation related to financial and other matters is reprehensible and must be addressed. The
phony charges and No Confidence vote filed against me are nothing but a dirty tactic employed by our president and
vice president to scare off board members who ask questions and demand that business be conducted openly and
above board.
I have no intention of tolerating any more nonsense and will get my attorney and the media involved ifl am
subjected to any further abuse and retaliatory measures. That is precisely why I have come to North Texas for
help. The GSA board is no longer able to fulfill its mission with the secrecy, lies, and misinformation being
spread. This board and office cannot function when members and employees fear reprisal and retaliation by the
leadership when they are simply trying in good faith to carry out their jobs. We have a board where members are
afraid to stand up and do the right things as the leadership has made it clear what will happen to those who ask too
many questions or don't follow the wishes of the president.
Again, I respectfully request a full investigation into the financial dealings within GSA and the obvious attempts at
bullying and harassing board members who are working hard to serve our member families. We board members
come from various professions and backgrounds and a scandal involving financial fraud would seriously harm our
personal reputations and even our livelihoods in some cases. This issue effects the good standing of GSA and North
Texas and needs to be addressed immediately. I look forward to your response by the 23rd please.
Thanks,
Heather Dobrott
U6 Girls Director for the Garland Soccer Association
972 496-3649

From: Heather [mailto:garlandsoccerrocks@gmail.com]

Sent: Wednesday, April 02, 2014 3:09 PM


To: 'Chris Kotschi'
Cc: 'David Crawford'
Subject: RE: Garland Soccer Association Financial Accountability
Dear David,
Thank you for responding. Please understand these seemingly separate issues go to the matter of whether NTSSA
should take jurisdiction of an association under its umbrella.
The money issue shows very questionable judgment being exercised by our president and executive committee,
which apparently made financial decisions with little or no documentation. And, as I explained, preventing the

Page 20

authorities from investigating the "missing payments" due to Corduro that David Arciniega said totaled $50,000.00
(including GSA's $8,000.00) is unethical and frankly defies common sense. The executive committee accepting a
fee reduction to recoup the "missing payments" is totally unacceptable without documentation showing precisely
what happened to the money.
These stories David Arciniega is telling that blame Corduro for the "missing payments" when Jevin had not gone to
the police and David Arciniega would not allow the authorities to investigate is highly irregular and very
concerning. If Corduro is not responsible for the "missing payments" and there is no litigation, then we have lied to
our members. That is totally unacceptable to me. A fellow board member who is a licensed investigator said it was
clearly fraud. I have no additional materials to be considered and pretty much nothing can be substantiated. That is
entirely the problem and why NTSSA should step in and demand this financial issue be thoroughly investigated. I
am horrified that the personal and professional reputations of our board members could be tainted by this
fiasco. The money issue is a jurisdictional issue for NTSSA.
David Arciniega's attempt to bring me and a fellow director up on charges before the board (bypassing the A & D
committee entirely) for a child being placed on his father's team was his first failed attempt to run me off. That A &
D matter completely flouted proper protocol and procedure as detailed in a complaint I filed at that time. The No
Confidence vote never went through and I am still in office working very hard to serve my coaches and take care of
our wonderful kids. I informed David Arciniega that he did not follow proper protocol and procedure and he knew I
would immediately appeal, so he dropped it. The No Confidence petition was filled with misinformation and very
inflammatory material and was never mailed out. It is quite possible that David Arciniega actually never had any
intention of mailing it out and was hoping he could use it to coerce me into resigning.
GSA has also had an A & D hearing scheduled months after the alleged violations cited occurred. The A & D
process needs to be audited. Hearings should be conducted in a timely manner and the A & D process should not
be abused and turned into a weapon that David Arciniega can employ to harass and intimidate board members. That
is a jurisdictional issue for NTSSA.
GSA has no whistleblower policy though it is clearly needed. That No Confidence vote was filed in retaliation for
asking questions about the missing money and NTSSA should not sit back and allow such behavior from the
president and vice president of an organization under their umbrella.
htt;p://wY:fw,grantthornton.com/staticfiles/GTCom/Not-forprofit%20organizations/BQStrcl%20member%20hanclbooks/NFP%20booklet%2Q-%20FINAL.pdf

Whistle blower
- The board should have a policy in place for board members, staff and
other stakeholders to raise issues about the organization's ethical
or .financial practices. The policy should clarifY how to raise
such issues and how to prohibit retribution for raising them.
http://apps.americanbar.org/buslaw/newsletter/OO 14/materials/npdirectors03 .pdf

Application of the "Business Judgment Rule"


1) The Business Judgment Rule encourages and protects
deliberative decisions that are:
a) informed and made on the basis of reasonable
inquiry;
b) made in good faith and without a disabling conflict
of interest; and
c) made on a rational basis.

Page 21

The decisions related to the "missing payments" do not appear to have been informed decisions. There seemed to be
little or no inquiry made by our president, much less any reasonable inquiry. The relationship between Jevin and
David Arciniega seems inappropriate as apparently he blindly accepted their explanations for the late and missing
payments with no documentation (the board has seen none and the court case appears to be fictional). David
Arciniega helped with the programming of the Jevin software and seems to have a very close relationship with that
service provider. There is nothing rational about dealing with what one director, who is a fraud investigator,
characterized as fraud and what could be felonious activity by refusing to allow the proper authorities to
investigate. Why was my police report dismissed by David Arciniega?
I would also like contact information for the North Texas lawyers (the ones that Mr. Arciniega told our coaches had
instructed him not to divulge any more information as there was the alleged on-going litigation.) Court cases are
public record and I access them and publish them regularly. So, there is no reason that the board members shouldn't
have the facts and access to all documents the attorneys have examined and produced related to this. I think it is
high time the rest of the board have the chance to get competent legal advice in this situation. As directors we are
all legally responsible for the financial dealings of this charity.
I would like a full investigation into the financial matter discussed herein. I believe the A & D process in Garland
should be audited. The GSA board should be given access to all the documentation related this vital matter. I want
all the facts related to this on the table and I want to see GSA as a public charity to go forward making decisions
based on verifiable documentation and not idle talk.
Thanks,
Heather Dobrott
U6 Girls Director
972 496-3649

From: Chris Kotschi [mailto:Chris@NTXSOCCER.ORG]


Sent: Friday, February 28, 2014 5:41 PM
To: 'Heather'
Cc: David Crawford; Chris Kotschi
Subject: RE: Garland Soccer Association Financial Accountability
Importance: High
Heather,
I have received your complaint and have read through it as well as give it some serious consideration.
wanted to follow back up with you to let you know I have not forgotten it. I also wanted to clarify a few
areas.
I have tried to distance myself from the subject and contemplate both sides' arguments without talking
with either party or consulting anyone else. The matters you raise are rather serious and also a bit
conflicting. On one hand you allege there are missing funds which is a serious allegation while at the
same time requesting an overturn of a decision obviously made against you 6 months ago. While it may
seem these issues coincide, they are two separate matters.
Your letters mention both 8k and SOk as amounts in question. If I understood completely the SOk had
nothing to do with GSA. In the attached correspondence there was acknowledgement of payments
having not been received until a payment plan had been arranged and accepted. Is it your assertion
these funds were never recovered and payments have not been made? Or is your argument the Board
overstepped its authority in accepting an alternative payment arrangement? The allegation of missing
funds is a serious matter. In the correspondence you attached, I do not see any clear substantiation of
your claim. Do you have other material which should be considered, or have I misunderstood your
intent?

Page 22

Any such claim, investigation, or hearing on this matter would not run the same course as the decision to
remove you from office, so I'm trying to determine whether you wish to move forward. To my knowledge,
that decision was not appealed, so I feel as though I may have missed something. Please clarify these
items for me as well as your intent so I can determine the most suitable course for your complaint.
David Crawford
NTSSA VP-Development

From: Heather [mailto:garlandsoccerrocks@gmail.com]

Sent: Tuesday, February 18, 2014 5:29 PM


To: David Crawford; David Messersmith; Chris Kotschi
Cc: jsutter@usyouthsoccer.org
Subject: Garland Soccer Association Financial Accountability
Dear North Texas board members and office staff,
I am respectfully requesting that North Texas exercise jurisdiction over the Garland Soccer Association and conduct
a thorough investigation into the missing funds. It is also imperative that the phony charges filed against me and the
U12 director and the no-confidence vote (brought against me for seeking proper documentation related to the
missing funds and taking the appropriate action by reporting these missing funds to the proper authorities)
be evaluated in relation to their validity and adherence to proper protocol and procedure as prescribed in our bylaws.
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.
Please see the accompanying documents attached. Note the executive committee completely and unnecessarily
bypassed the board. They agreed to a discount on future withholdings by Jevin to repay over $8,000.00 of missing
payments from the spring 2013 soccer season. Jevin, already had a history oflate payments and issues. The
payment processor Corduro was the convenient scapegoat for this missing money without a shred of documentation
to substantiate that they were in any way responsible. The story that Jevin couldn't get a loan to pay GSA the
money owed is beyond laughable. That suggests that Jevin has serious financial concerns as they cannot qualify for
a small business loan among many other possibilities.
Another director pointed out the obvious at our monthly meeting in July 2013. This whole financial issue is fraud
plain and simple. The first step (which I in fact took) should have been to go to authorities as it cost nothing and
was personally recommended to me by my licensed attorney and a forensic fraud investigator. When I took that
proper step of going to our local police, I was attacked by the board and David Arciniega told the police and the
board that any talk of these missing payments was "unfounded." What we have been writing and saying about
Corduro, for months without any verifiable documentation amounts to libel and slander. And, reduced fees do not
address the critical issue of who was responsible for the late and missing payments to begin with and why anyone
might wish to cover up that problem.
The second page of the attachment shows Jevin's glowing testimonial about Corduro. They claim they are getting
funds the next day from Corduro. Next, I have included my August board report. I documented in writing the

Page 23

information we had been given by David Arciniega. In July when I asked for more information about the missing
payments from Jevin, David Arciniega went on about $50,000.00 in losses he claimed Jevin suffered due to
Corduro. I was horrified to think other non-profits and businesses might have been harmed and continue to face
losses due to Corduro and that GSA was taking no action. I questioned why Jevin didn't go to the authorities and
why they were filing a court case in lieu of a free investigation by the police. I also questioned how Jevin could
fund a court case if they couldn't pay GSA the 8 grand owed or even qualify for a loan. I am very concerned that
we are continuing to do business with Jevin when we have no verifiable documentation about any of this.
The November General Coaches Meeting minutes follow. Following is the quote of what David Arciniega said at
the September meeting:
"GSA receives it largest income from the registration fees so all income must match the data in the Jevin System
daily. Jevin/online provider owed GSA $8,061 (in June 2013) which was paid in full to GSA as of August 2011i. To
compensate GSA for this delay, Jevin will lower its rates resulting in additional revenue for GSA. Litigation is ongoing between the online provider and Jevin so additional information may not be divulged per the North Texas
lawyers."
Why is this misinformation being sent out to our coaches? Board members have asked for proper documentation for
months and none has been forthcoming. The president and executive committee members must be aware at this
juncture that the court case is pure fiction. I need the contact information for the N011h Texas lawyers to be
forwarded to me immediately, so that any records they have related to this financial fraud can be accessed by the
GSA board members seeking clarification on this matter. The GSA board must make decisions based on verifiable
fact and not rumor, innuendo and hearsay.
I checked with Collin County (where Jevin is located), Dallas County and Tarrant County (where Corduro is based)
and confirmed there was never any action filed. Knowing that, I went to Corduro to get their side of the story as
should have been done by the leadership of GSA in the beginning. The CEO and president ofCorduro, Robe11
Ziegler, generously offered to speak with me and respond to my request for information in writing. Said
correspondence is attached. Mr. Ziegler indicated that Jevin and Corduro had parted ways amicably a year ago. He
stated that Corduro does not owe Jevin any money, much less the $50,000.00 claimed by David Arciniega. Jevin
never threatened or filed any litigation against them. And, no investigations by law enforcement were conducted to
his knowledge. So, GSA, David Arciniega and NTSSA by association have been libeling and slandering Corduro
and frankly we are f011unate that Mr. Ziegler is not pursuing any litigation against us at this time in light of the wild
tales that have been told regarding his company.
The actions of the GSA president and executive committee defy logic. We are a charitable organization and
everything we do should be well documented and completely transparent. We are to be the good stewards of the
funds of the families of Garland that come to us. I have been asking for open meetings and proper documentation,
all of which constitutes normal procedure and ordinary care for a board member that is executing their legal
obligations and duties. Our president is still advising people they are not welcome at board meetings and operating
this public charity under a veil of secrecy.
To allow continual harassment and retaliation against board members that are making ordinary and necessary
request for proper documentation related to financial and other matters is reprehensible and must be addressed. The
phony charges and No Confidence vote filed against me are nothing but a dirty tactic employed by our president and
vice president to scare off board members who ask questions and demand that business be conducted openly and
above board.
I have no intention of tolerating any more nonsense and will get my attorney and the media involved ifl am
subjected to any further abuse and retaliatory measures. That is precisely why I have come to North Texas for
help. The GSA board is no longer able to fulfill its mission with the secrecy, lies, and misinformation being
spread. This board and office cannot function when members and employees fear reprisal and retaliation by the
leadership when they are simply trying in good faith to carry out their jobs. We have a board where members are
afraid to stand up and do the right things as the leadership has made it clear what will happen to those who ask too
many questions or don't follow the wishes of the president.

Page 24

Again, I respectfully request a full investigation into the financial dealings within GSA and the obvious attempts at
bullying and harassing board members who are working hard to serve our member families. We board members
come from various professions and backgrounds and a scandal involving financial fraud would seriously harm our
personal reputations and even our livelihoods in some cases. This issue effects the good standing of GSA and North
Texas and needs to be addressed immediately. I look forward to your response by the 23rd please.
Thanks,
Heather Dobrott
U6 Girls Director for the Garland Soccer Association
972 496-3649

From: Roy Smithers [mailto:rorsmith@aol.com] (Region III)

Sent: Friday, May 16, 2014 3:34 PM


To: Heather
Subject: Re: Garland Soccer Association Financial Accountability
Sorry, but this is a North Texas matter to be resolved by North Texas. I note that they have responded to you.
Roys.
Sent from my iPad
On May 16, 2014, at 8:43 PM, "Heather" <garlandsoccerrocks@gmail.com> wrote:
Dear Mr. Smithers,
I am the U6 Girls Director for the Garland Soccer Association. GSA has a financial issue that needs to be
addressed. I am forwarding four e-mails to you. If you could kindly direct me to some help I would be very
grateful.
Thanks,
Heather Dobrott
U6 Girls Director Garland Soccer Association
Administrator for www.realscam.com
972 496-3649

From: Donna Freeman [mailto:greenhornetssoccer@yahoo.com]

Sent: Tuesday, June 17, 2014 9:57 AM


To: so3perry@verizon.net; Heather; president@garlandsoccer.com; vicepresident@garlandsoccer.com;
treasurer@garlandsoccer.com; fields@garlandsoccer.com; events@garlandsoccer.com;
referee@garlandsoccer.com; u6boys@garlandsoccer.com; u8boys@garlandsoccer.com;
u8girls@garlandsoccer.com; u12director@garlandsoccer.com; majorleagueboys@garlandsoccer.com;
majorleaguegirls@garlandsoccer.com
Subject: Re: U4 - U6 Girls Director Monthly Report for 5/2014

Page 25

I would like to know when that special meeting will be - since this occurred prior to becoming a board
member I would like to understand what's going on with all that which was presented to us at the general
coaches meeting .... Donna

On Friday, June 13, 2014 1:24 PM, "so3perry@verizon.net" <so3perry@verizon.net> wrote:

Heather Since you want to discuss this with the entire board, I suggest you submit this topic for the agenda of the next
regular board meeting. I don't believe we need to invite all the volunteer board members to have another
meeting. In any case, I have a very full travel schedule until the next board meeting. Or, if you get another board
member to submit a request, then it looks like you can call a special board meeting.
Regards,
Sam

From: Heather

Sent: Wednesday, June 11, 2014 8:22 PM


To: president@garlandsocC:er;com; vicepresident@garlandsoccer.com; treasurer@garlandsoccer.com;

fields@garlandsoccer.com ; events@garlandsoccer.com; referee@garlandsoccer.com ;


u6boys@garlandsoccer.com ; u8boys@garlandsoccer.com ; u8girls@garlandsoccer.com ;
u12director@garlandsoccer.com ; majorleagueboys@garlandsoccer.com ;
majorleaguegirls@garlandsoccer.com
Subject: FW: U4 - U6 Girls Director Monthly Report for 5/2014
Dear fellow board members,
Sam Perry offered a meeting and I concur that it is warranted, so please plan for this special meeting to
take place at the earliest convenience for Mr. Perry and the board members who wish to attend.
http://garlandsoccer.com/documents/GSA%20By-Laws rev1112.pdf
3.2

Special meetings may be called from time to


time as called by the President of the Board or any
two (2) Board members. Notice of any special meeting shall be given verbally to each Board
member at least three (3) hours before said meeting.
Thanks,
Heather Dobrott
U6 Girls Director Garland Soccer Association
Lead Administrator for www.realscam.com
972 496-3649

From: Heather [mailto:garlandsoccerrocks@gmail.com]


Sent: Wednesday, May 28, 2014 10:16 PM

Page 26

To: 'Angela Bowen-Hearn (U8 Boys Director)'; 'Crystal Martin {U6 Boys Director)'; 'Darcy Quintana (Publicity and
Awards)'; 'Don Shell (Major League Boys Director)'; 'Don Starkey (Facilities Director)'; 'Donna Freeman (Major
League Girls Director)'; 'Heather Dobrott {U6 Girls Director)'; 'Kathleen Robinson (Special Events)'; 'Kim Verity (Vice
President)'; 'Piney Burch-Walser {UlO Director)'; 'Rachel Beltran (U12 Director)'; 'Robert Mayfield (Referee
Director)'; 'Sam Perry (GSA Treasurer)'; 'Terry Walser (U8 Girls Director)'; 'David Arciniega'
Subject: FW: U4 - U6 Girls Director Monthly Report for 5/2014

Dear fellow board members,


I want to thank Sam Perry for reading my board report and offering to meet with me. I am very grateful
to see that my concerns are being taken seriously. I am including everyone in my reply as I feel we need
to all need to get clarification on this vital matter. I am definitely not comfortable with having a meeting
about something so important to the organization as a whole without the entire board present.
This financial issue is not resolved. In order to get this properly documented and analyzed, we will need
for David Arciniega to invite Dan Ptak, Paula Tiffin and a representative from NTSSA to a special board
meeting. Any officer, director or office staff with any e-mails, texts, letters, financial records or other
information related to this issue should be asked to bring multiple copies for the board.
http://www.ntxsoccer.org/assets/pdfs/Fiduciary Duties Power Point 2011.pdf

Duty of care requires director to be informed, including obligation to make


reasonable inquiries... No RED FLAGS!!! ...... When asked why the change, the
Executive Director informs the board that it is too
complicated to explain, the loss will not happen
again, and that the board should take his word for it
that all will be well. Without further discussion the
board unanimously accepts the Executive Director's
statements. Any problems?....
What if all of the other directors
completely disagree with you, snarl at
you, and make you eat lunch alone?......
Duty of Candor
Duty to disclose to the corporation material facts relating to anything of significance to
the corporation. Duty is affirmative
no one has to ask
Disclosure must be full and fair .......
http://www.ag.state.rnn.us/Charities/FiduciaryDuties.asp

5. Books and Records. A director should have general knowledge of the books and rer.ords of the organization as
well as its general operation. The organization's articles, bylaws, accounting records, voting agreements and
minutes must be made available to members and directors who wish to inspect them ...
10. Investigations. A director has a duty to investigate warnings or reports of officer or employee theft or
mismanagement. In some situations a director may have to report misconduct to the appropriate authorities, such
as the police or the Attorney General. Where appropriate, a director should consult an attorney or other
professional for assistance.
Traditionally, directors have an absolute duty of complete, undivided loyalty to the organization. This means that
directors should avoid using their position or the organization's assets in a way which would result in pecuniary or
monetary gain for them or for any member of their family. A director should put the good of the organization first
and avoid engaging in transactions with the organization from which the director will benefit.
The November General Coaches Meeting minutes follow. They constitute the quote of what David Arciniega said
at the September 2013 meeting:

Page 27

"GSA receives it largest income from the registration fees so all income must match the data in the Jevin System
1
daily. Jevin/online provider owed GSA $8,061 (in June 2013) which was paid in full to GSA as of August 20 h. To
compensate GSA for this delay, Jevin will lower its rates resulting in additional revenue for GSA. Litigation is ongoing between the online provider and Jevin so additional information may not be divulged per the North Texas
lawyers."
The board should be provided any documentation under the control of the NTSSA lawyers and they should be
asked to provide written documentation of the work they were asked to do on behalf of GSA.
I am concerned that we have provided our members with misinformation.
I would like to propose that the board have David Arciniega establish a Fraud Prevention Committee. We need to
ensure that GSA never has another incident like this. It is imperative that we develop a coherent whistleblower
policy to protect members, coaches, directors and office staff so that they will feel safe coming forward with
concerns. I suspect that fear of retaliation is preventing folks from coming forward with legitimate concerns.
I would like to see David Arciniega thank Robert Mayfield at our general coaches meeting for working to educate
the board about fraud and keeping our members' money safe and announce that he is asking him to chair the
Fraud Prevention Committee. I request to serve on that committee and assist GSA in a positive way to protect our
members and their hard earned money. GSA needs to be much more transparent and make our board meetings
public and welcoming for our valued members.
Sincerely,
Heather Dobrott
U6 Girls Director
972 496-3649

From: so3perry@verizon.net [mailto:so3perry@verizon.net]


Sent: Sunday, May 11, 2014 6:27 PM
To: Heather Dobrott
Cc: David Arciniega; Kim Verity
Subject: Fw: U4 - U6 Girls Director Monthly Report for 5/2014

Heather Regarding your note about Jevin, the money was never missing from a GSA perspective. There was an issue of
slow payment from Jevin, but Dan always agreed on the amount to be paid to GSA. Effectively, it was an accounts
receivable issue. In fact, that has consistently been the case when we raise a Jevin payment issue with Jevin. We
are very quick to agree on the amount, and then it is just a matter of Jevin making the payment electronically or by
check. The process has been working well, especially since the issues last year.
During the issues about this time last year, Jevin had a problem getting the money owed to GSA in a timely
manner. Again, there was never a disagreement over the amount. In order to make good on the amount owed to
GSA, Dan offered to drop his fee from 10% to 5% for the fall season, then to only raise his rate back to 8% for
future seasons. As agreed, Jevin lowered their rate to 5% for the fall. Dan went beyond what he committed and
has kept the rate at 5% for the spring. The result is Jevin has paid back all that was owed and more due to the
reduced rate.

Page 28

I can't say Jevin is perfect and I'd like to see us continue with our own merchant account or another on-line
registration system. Either way, we would no longer be concerned about the payment processor used by Jevin
(which is no longer Cordero).
In any case, I would like to understand your concerns about Jevin and if they are addressed by the payment of
amount owed (completed) and planned change to our own merchant account, at least while we continue to use
Jevin for the on-line registration system.
I'm travelling next week, but I'm available for a meeting during the week of the 19th, or later. Is there an
evening the four of us could meet to discuss your concerns and the actions taken and planned. I'm including Kim
and David since they were part of the executive committee that approved the payment plan from Jevin.
Regards,
Sam

From: Heather Dobrott


Sent: Monday, May 05, 2014 4:23 PM
To: Sam Perry
Subject: U4 - U6 Girls Director Monthly Report for 5/2014

This month [ 512014 j


Aecom lishments
Answered questions and addressed concerns as needed.
2 !Enjoyed walking the fields and handing out trophies the past two weekends.

Miscellaneous
I am concerned that we still do not have proper documentation related to the "missing
payments" from Jevin. I am not comfortable doing business with Jevin when we do not
have proof that Corduro is in fact to blame for these money issues.

I would also like a shirt. I did respond to Ms. Verity's request for the proper size over a
year ago.

We are a 501 c 3 charitable organization. I feel we need better communication and


would like for Paula to be invited to all our meetings to facilitate that.

Plans
Ask the board to form a committee to address the needs of our special needs players and
their coaches.

Compare and contrast our rules for U6 and those published by NTSSA and seek
clarification on what needs to be done where there are conflicts.

Offline Comments

(not for the minutes)

For future months:

Page 29

Plans
http://www.pysa.org/page.php?p=99
1

Would like to solicit feedback from coaches and families.


2

Attend as much of the tournament as possible to support my coaches and help where
needed.

Page 30

From: Piney Burch-Walser [mailto:burchoutlaw@yahoo.com]

Sent: Tuesday, September 23, 2014 9:20 PM


To: Heather Dobrott

Subject: Re: More Info On Sex Offender


I am looking into this.
Piney

On Tuesday, September 23, 2014 6:45 PM, Heather Dobrott <hdobrott@gmail.com> wrote:

https://records.txdps.state.tx.us/SexOffender/PublicSite/Application/Search/lndividual.aspx?IND IDN=717
6854&SearchType=Name&ResultsUrl=%2fSexOffender%2fPublicSite%2fApplication%2fSearch%2fResul
ts.aspx%3fSearchType%3dName%26FirstName%3dstephen%26LastName%3dmartin%26Birthdate%3d
%26Sex%3d0%26Race%3d0%26CountyCode%3dO

From: piney [mailto:burchoutlaw@yahoo.com]

Sent: Saturday, September 27, 2014 1:53 PM


To: Heather Dobrott
Subject: Re: Excluding Sex Offenders
Please, let me do my job. I am working on this as fast as humanly possible. Any & all this information must stay at
the Board (including me) level. Right now, this is only to be shared between you & me, as you are emailing me.
Piney
Sent from my Verizon Wireless 4G LTE DROID

Heather Dobrott <hdobrott@gmail.com> wrote:


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

We Are a Charitable Organization:


The Family YMCA is a non -profit, charitable 501c3 organization. Subject to available
resources and space, no person will be denied membership or program participation due to
inability to pay fees. Thanks to contributions from the United Way of Northern New Mexico
and others, financial assistance is available for people who have limited financial resources.
.......... We reserve the right to refuse service to anyone. *In keeping with

EXHIBIT

Page 31

our mandate to build strong kids and families and to maintain safe and comfortable facilities,
convicted and/or registered sex offenders are excluded from the Y.

I think NTSSA should adopt a similar policy.

From: eswissler@aol.com [mailto:eswissler@aol.com]

Sent: Friday, October 10, 2014 11:09 AM


To: hdobrott@gmail.com; slukemartin@gmail.com; burch.outlaw@gmail.com;
president@garlandsoccer.com; david@ntxsoccer.org

Subject: Letter

Attached
From: eswissler@aol.com [mailto:eswissler@aol.com]

Sent: Friday, October 10, 2014 11:09 AM


To: hdobrott@gmail.com; slukemartin@gmail.com; burch.outlaw@gmail.com;
president@garlandsoccer.com; david@ntxsoccer.org

Subject: Letter

Dobrott1014.docx

Attached
October 10, 2014
Heather Dobrott,
North Texas Soccer risk management personnel were made aware of a potential child safety issue regarding Stephen
Luke Martin, by you. Through the Garland Soccer Association, we requested that Mr. Martin provide us with court
documentation to verify if any restrictions were placed on him. Mr. Martin provided that certified court
documentation on October 8, 2014. We have reviewed the information and find no restrictions placed on him in the
context of being a parent at our facilities.
Mr. Martin has not asked for, or been granted, the ability to be in a position of authority within our organization,
such as a coach, manager, volunteer, board member, employee, etc. Therefore, we have not asked that a formal
background check be done on Mr. Martin.
At this time we find no reason to prohibit Mr. Martin from acting as a parent, and attending his children's soccer
games. He is within his right to do so, and is not in violation of any of our soccer rules at this time.
We thank you for bringing this matter to our attention for our review, to ensure the safety of our youth players. As
you have been instructed before, we advise you not to discuss or share this matter with any other persons, so as not
to violate any rights Mr. Martin may have.
Evelyn Swissler

Page 32

From: KathySexton[mailto:kathy@NTXSOCCER.ORG]
Sent: Thursday, October 30, 2014 12:22 PM
To: Heather Dobrott
Subject: RE: Indemnification of Directors / Insurance Coverage
Thanks
From: Heather Dobrott [!)laiJto:hdobrQ!!@gmail.cQ.m]
Sent: Wednesday, October 29, 2014 5:12 PM
To: Kathy Sexton
Subject: Indemnification of Directors I Insurance Coverage

Dear All,
I am submitting this as a formal request for the legal counsel I am due as a Director. I made a request
to the Vice President of Garland Soccer and to the North Texas State Soccer Association for help as
the Garland Soccer Association had a sex offender on the fields and his wife, a director, was allowing
him to handle our corporation's documents and treated him as an authority and trusted figure. This
should have been handled under the whistleblower policy. Instead my name was given to this
director and her husband, a dangerous offender, as the one who had filed a complaint. Mysteriously,
their home burned to the ground shortly after and I am now under investigation and have been asked
to submit to a polygraph.
I need representation immediately. Thank you for your prompt attention to this matter.
Sincerely,
Heather Dobrott
U6 Girls Director
972 496-3649

http://garlandsoccer.com/documents/GSA%20By-Laws rev05 l 4.pdf


29 May 2014
11

ARTICLE VII

Indemnification of Officers and Directors


Each Officer and Director of the Association, in consideration of his service as
such, shall be indemnified by the Association to the extent permitted by law
against expenses and liabilities reasonably incurred by him in connection with the
defense of any action, suit or proceeding, civil or criminal, to which he may be a

Page 33

party by reason of being or having been Director or Officer of the Association. The
foregoing rights of indemnification shall not be exclusive of any other rights to
which the Director or Officer or person may be entitled by law or agreement
or vote of the members or otherwise.

Page 34

ARTICLE IV
Powers and Duties of Board of Directors
1.0
POWERS
1.1 ........ .
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. The Board
shall provide for an annual audit of the financial affairs of the Association by
the Auditing Committee and, upon acceptance thereof, shall make copies
thereof available to all Members.
-----Original Message----From: Joe [mailto:jgarcia0930@yahoo.com]
Sent: Wednesday, March 13, 2013 11:26 PM
To: David Arciniega
Cc: <u12director@garlandsoc~er.com>; <publicity@garlandsoccer.com>; Kim Verity;
fields@garlandsoccer.com; treasurer@garlandsoccer.com; events@garlandsoccer.com;
u10director@garlandsoccer.com; u6girls@garlandsoccer.com; u8girls@garlandsoccer.com;
u8boys@garlandsoccer.com; u6boys@garlandsoccer.com; majorleague@garlandsoccer.com; Billy
Babcock; Campbell; amy hoyt; president@garlandsoccer.com
Subject: Re: Response to your emails
David,
Please advise of the following:

1. The minutes have plenty of the information "blacked out". The only information that should be
hidden is information that was discussed during a executive session. Are you stating the information

I
I

EXHIBIT

Page 35

blacked out was discussed during an executive session? As a reminder, all meetings (excluding executive
sessions) are open records and should be made.
2. During the 3/4 meeting that I attended, you asked that I and other coaches who were present to
leave the room due to an executive session that we could not be part of. After the people who attend
left, you stated to me that it was still in an executive session. After an hour I knocked on the door and
Don Starkey and you stated you were still in session. However, when you allowed us back in at the end
of the meeting, your meeting minutes included information that was discussed and put into motion
during the time you stated you were in executive session. Per non-profits rules by the State of Texas, no
motions concerning operating activities can be made during executive sessions or behind closed door.
This is a direct violation of the GSA and North Texas Bylaws as well as the Non-Profit state rules.
3. All meetings and board meetings are open to all members, including coaches. You or any board
members can not ask any other board members not to communicate to the coaches of these meetings.
Furthermore, there should not be any retaliation or harassment to any member, including other board
member, due to this.
4. Your and some of the board members demeanor during the 3/4 Board meeting made the coaches
who were present very uncomfortable. In fact, one of your directors walked in at 7 and walked back out
and returned at 7:40 due to us being there.
As I waited outside by the doors, your board members could be heard from the outside yelling,
screaming at each other, and pounding on the tables. Some of my players were scared and parents were
asking if this is how the board conducted themselves. Some stated if our issue made you all scream this
way.
Bob/Janet, if you need examples or verification of some of these concerns, I will be willing to provide
them to you as well as some of the coaches who attended the meeting. I'm sure some board members
who were present would be willing to confirm some of these statements as long as they do not fear
retaliation by the President or other members of the board.
Joe
On Mar 3, 2013, at 5:44 PM, "David Arciniega" <darciniega@verizon.net> wrote:

>
>Joe,

>
> As stated in my email to you on Wednesday, I will provide you with a
>hard copy of the February 20th Board Meeting minutes once they are
>approved by the GSA Board. The minutes to any meeting are not
>official until entered into the record after they are approved by the Board of Directors.
> The NTSSA Youth Commissioner has informed me that she has been in
>contact with you regarding your appeal to North Texas and that your
>situation cannot be appealed to NTSSA. However, if you still want the
> meeting minutes, I will provide them to you during the coming week.
> Also, your request to subpoena all the information, dialogue or
>notes that Paula Tiffin, Darcy Quintana and Rosemary Martinez have
>communicated to me can only be honored if ordered through the courts system.
> From GSA's point of view, this matter is closed and no further
>communications dealing with this subject will be entertained.

Page 36

>
>Regards,
>
>David A. Arciniega
>

From: Don Starkey [mailto:don@garlandsoccer.com]

Sent: Thursday, May 29, 2014 11:1S AM


To: Heather; 'Angela Bowen-Hearn (US Boys Director)'; 'Crystal Martin (U6 Boys Director)'; 'Darcy
Quintana (Publicity and Awards)'; 'Don Shell (Major League Boys Director)'; 'Don Starkey (Facilities
Director)'; 'Donna Freeman (Major League Girls Director)'; 'Heather Dobrott (U6 Girls Director)'; 'Kathleen
Robinson (Special Events)'; 'Kim Verity (Vice President)'; 'Piney Burch-Walser (U10 Director)'; 'Rachel
Beltran (U12 Director)'; 'Robert Mayfield (Referee Director)'; 'Sam Perry (GSA Treasurer)'; 'Terry Walser
(US Girls Director)'; 'David Arciniega'
Subject: Focus Lost?

Team,
We spend too much time fretting over & administrating issues of
our own making than we do focusing on the vision of the
organization.
We have a whistleblower policy and to my knowledge we've all
agreed to it. What possible retaliation could come from speaking
up with concerns? That's sounds paranoid. We don't need
paranoia, we need understanding and consensus.
Perhaps some board positions allow individuals lots of extra
time (though I didn't see them at the park during the tournament
helping clean up after Saturday's mess was left behind), but my
position takes up a great deal of my personal time, expense, and
wear and tear on my vehicle that goes uncompensated. Opening
board meetings to even more attendees does not seem conducive to
efficient business. Further, I don't know anybody that would
wish to have their salary and job performance discussed in a
public forum. We already have more Directors than at any time in
GSA history which makes board meetings too long and without
focus.
I hope all concerned get the information they need to put this
behind them and get on with improving their area of
responsibility and being helpful to others - and less demanding
of volunteer Directors' and Officers' time.

DS

Page 37

From: Piney .Burch-Walser [mailto:burch.outlaw@gmail.com]

Sent: Tuesday, November 04, 2014 12:21 PM


To: Heather Dobrott
Subject: Re: Director Absences
Precident was set on this. The Publicity Director before Darcy was removed rather quickly. David has been made
aware, but with the elections so close ..... Someone needs to get on the U8B.
Piney
On Tue, Nov 4, 2014 at 1:19 AM, Heather Dobrott <hdobrott@gmail.com> wrote:

2.6
Three consecutive unexplained absences from regular and/or special meetings of the Board
of
Directors shall automatically disqualify a Director or Officer for the remainder of his term of
Office.

Angela Bowen-Hearn missed the 9/24 Special meeting, 10/6 regular meeting and 11/4
meeting.

EXHIBIT

Q
Page 38

From: Piney .Burch-Walser [mailto:burch.outlaw@gmail.com]

Sent: Tuesday, December 09, 2014 3:23 PM


To: Heather Dobrott

Subject: Re: Referees Voting with Proxies

Who is the ref? Daniel?


Piney
How can I contact him?
On Dec 9, 2014 3:18 PM, "Heather Dobrott" <hdobrott@gmail.com> wrote:
Dear Madam Vice President,

I am requesting an investigation into the use of proxies and formal charges for anyone who has abused the use of
proxies in the last 3 years. For an example, I talked to a referee who will confirm that Gayle and Cliff Brandt gave
him a proxy for the May 2012 election and that he was told he had to vote for Kim Verity to "help out." Elections
being rigged is a serious matter and needs to be thoroughly investigated. I trust that you are aware of the
whistleblower policy and those that have violated it in the past.

Thanks,

Heather Dobrott
972 496-3649
The Appeals and Disciplinary Committee is responsible for the investigating, hearing and
disposing of, in an equitable manner, all matters that are contrary to the By-Laws and Rules of
the Association. All players, coaches, assistant coaches, team managers, parents, spectators

'

EXHIBIT

Page 39

administrators, and others who are registered in GSAI and/or participate in soccer activities
within the jurisdiction of Garland Soccer Association, Incorporated shall abide by the By-Laws
and Rules of Garland Soccer Association, Inc., and will be subject to the decisions made by the
GSAI A&D Committee.
h!ill://assets.ngin._com/attachments/document/0033/2336/RYSA

WI:ii~i.C.:Y~~Ol2.pdf

Page 40

GARLAND SOCCER ASSOCIATION

March 12, 2013


VIA Certified Mail#

Heather Dobrott
2518 Suncrest Drive
Garland, Texas 75044
Re:

'101 ~ I 0L\ 0 lJOOOClc;r5(;( V'1~

Coach and Player Placement

Dear Heather:
As chairman of the Appeals & Disciplinary Committee and Vice President of the Garland Soccer Association
(GSA}, I have received notice that you were involved in the instructing of placement of a new coach, along with
his son, to an existing team without following proper procedures. An investigation was performed and yielded
the following findings:
1) A release received from Richardson Soccer Association for Trevor Medina was dated January 28,
2013. The release indicates the reason being as "C. Other Reasons: Coaching in GSA". However, the
date of Trevor's registration matches the date on the Release for Request, which means that the
player was not assigned to the U12B Pumas prior to his father volunteering to coach.
2) It was also found that the GSA Registrar informed Laurie Medina, wife of Dan Medina, that she was
not aware of an existing team needing a coach, yet there may have been enough players to form a
new team around their son.
These two items have been included for your review and will be presented at the hearing.
The allegations against you are in violation of the GSA League Rule 5. Teams; D. Team Formation: 3.f These
are specific charges rendered against you as a board member. Therefore, a board hearing in which you are
hereby cited to appear has been scheduled for Thursday, March 21, 2013 at 8:00 p.m. The hearing will be held
at the GSA office located at 1917 Apollo Road, Suite 300A, Gailand, Texas 75044.
'..All.decisions will be made based on the testimony and evidence presented during the specified hearing. You
may bring one (1) witness and/or any reports pertinent to the charge. It is important that you be in
attendance to defend your position. A copy of this letter is also being sent to you by regular mail. Should you
have any questions, please contact our offices at the number listed below.

I. ~e~L~J
~~~ey~~

\f (_)

Garland Soccer Association


Vice President and A&D Committee Chairman
Enclosures
cc:

David Arciniega, GSA President

P.O. Box451841

Garland, Texas 75045-1841

(972) 530-2636

Fax(972)495-4432

EXHIBIT
From: Rachel Beltran [mailto:rachbeltran@yahoo.com]

Page 41

Sent: Friday, March 15, 2013 12:14 PM


To: bbabock@ntxsoccer.org; dcrawford@ntxsoccer.org
Subject: North Texas Representative
I, Rachel Beltran-GSA u12 director formally requesting a North Texas repesentative(excluding Carlos Quinones A
& D chairman due to having close relationship with David Aricinigo(who has done duties at a state board
level which would be consider a conflict of interest) to come to the March 21 GSA board meeting/hearing due to
hostile enviroment
Thank you
Rachel Beltran

Rachel A Beltran
Soccer Coach of:
Ul9 Girls Panthers, Ul6 Girls Str
GSA

ers and U14 Bo s Cobras

From: Heather Dobrott [mailto:hdobrott@gmail.com]


Sent: Tuesday, April 02, 2013 6:52 PM
To: cquinones@ntxsoccer.org
Cc: jcampbell@ntxsoccer.org; 'Billy Babcock'
Subject: Garland Soccer Association Director Charged
DearNTSSA,
I would like to request that formal charges be filed against David Arciniega, President of the Garland Soccer
Association, and Kimberley Verity, VP and Chairman of the A & D Committee based on the following:

1.

I was brought up on charges as shown on pages 1-3 of the attachment. Clearly as this letter was
sent registered mail by the A & D chairman it is an A & D hearing. This hearing was not heard in
front of the A & D committee as specified in the GSA By-laws. I was brought before my fellow
board members. Please see page 4 of the attachment which was given to all of the panel at the
A&D hearing.

2.

The League Rules clearly state that "upon receipt of written notification, the A&D Committee
shall conduct a confidential investigation by questioning any person with first hand knowledge
of the facts. The investigation must include an interview with the accused unless it can be
determined that no further action, including the preferring of the charge(s) is necessary or
warranted." Kim Verity's committee did not interview me, Rachel Beltran, the coach who took
the U12 boys team or his wife that handled the paperwork to get the player in question
registered.

3.

It clearly states in the League Rules that one brought up on charges "will be subject to the
decisions made by the GSAI A & D committee." David Arciniega's -complaint against me was not
heard by that committee, but rather the board of directors as a whole. So, any decisions made I
should not be subject to as proper protocol and procedures were not followed.

4.

According to the NTSSA Appeals and Discipline manual "it is a requirement for the A & D
Chairman to have enough knowledge of the situation at hand in order to select a fair and
unbiased panel." A hearing among fellow board members in what has be<:ome a hostile

Page 42

environment does not meet this requirement. The issue referenced in the charges against me
has been discussed at board meetings and in e-mails. Please see pages 69, 70, 105 of the
attachment. No one on that panel could possibly be unbiased.
5.

The NTSSA manual states "in matters where the A & D Chairman is unsure what the rights of the
complainant or the accused are as to whether this should or should not justify a hearing, the
NTSSA A&D Chairman may be consulted." Did Kim Verity seek out counsel and advice on this
situation from the NTSSA A&D Chairman?

6.

The NTSSA manual guarantees in the "Rights of the Parties" that the letter to the accused shall
show the range of possible consequences should the charges be found true. My letter does not
give the range of possible punishments as it should. Please see pages 1-3 of the attachment.

7.

The NTSSA Appeals and Disciplinary manual also admonishes that A & D Hearings should not be
held at the same time as board meetings. That according to NTSSA and local Garland rules takes
away the option of an appeal with the local board. I was brought before my fellow board
members for the first hearing on this matter.

8.

The NTSSA manual further states that "no member (of the committee) should be involved in the
circumstances being heard: nor in any way, closely associated with any of the involved
parties. If necessary, alternate members should be available should such an involvement or
affiliation exist."

Again the complaint was heard before the board where certain members are

close and there is also tremendous hostility, and no alternative panelists were available.
9.

The specific charges they are completely bogus. I am accused of being involved in the
instructing of placement of a new coach with his son in violation of our team formation
rules. Our Frequently Asked Questions clearly state that if one would like to coach their child's
team that the child will be placed on their team with them. Please see page 24 of the
attachment. We have an obligation to honor what is on the front page of our
www.garlandsoccer.com website.

10. The Frequently Asked Questions also state that a "player's information is given to a committee
that assigns players." I have no control or involvement in player placement whatsoever. I do
not know who is on the player pool committee or how to contact them. Please see page 23 of
the attachment. How can I face charges for something I cannot possibly do?
11. The antiquated Team Formation Rules, that have not been updated in over 5 years, state that
"the formation of teams and solicitation of coaches and new players is the responsibility of GSAI
Officers and Directors." Please see page 25 of the attachment. If that is the case why was I
brought up on charges when a new coach and his son came into GSA?
12. The antiquated rules further state that "players will be assigned (rostered) to teams, at the age
group director discretion, by one of these two methods:
Use of a coordinating committee.
Random draw by neighborhood schools by the coaches." Again that is not the case. We have a player pool
committee and the age group directors have no involvement in this whatsoever.
These Team Formation Rules go on to discuss Directors placing players when we in fact have no
involvement in that whatsoever. Please see page 26.
13. The rule in the specific charges against me states, "in order for any person to request their child
be transferred to a returning team they are coaching, they must have been the head coach of

Page 43

record for the previous two outdoor playing seasons, or asked to be the head coach of the
returning team by a majority vote of the GSAI Board of Directors." Since these rules are
antiquated and do not at all reflect what we are doing I don't see how they can be used as a
means to bring me up on charges. Again, our Frequently Asked Questions clearly state that a
child will be placed on the team their parent is coaching. Please see page 24 of the attachment.
14. Please note the e-mail on page 34. The registrar contacts the age group director (Rachel
Beltran) and asks her to find Dan Medina a team that his son could be placed on. There were
not near enough players to form a new team. As my son is too ill to continue playing I was
desperately searching for a coach to take over my team, the Pumas. The Pumas team was the
only spot available in the U12 boys division.
15. Please note the e-mail on page 54. I am asking for Trevor Medina's uniform size as I saw in Jevin
that he was placed on the team, but his name was not on the official roster yet. He was
showing up in the uniform section and medical releases etc. He had landed there due to the
player pool. Rachel Beltran and I were not involved in his placement in any way. He appeared
on the official roster after his release from Richardson arrived in the GSA office.
16. Please note from the e-mails that the board was having heated discussions concerning Joe
Garcia having his daughter assigned to his team. The Dan Medina situation was brought up at
two board meetings despite Kim Verity's claim to the contrary. At the February 4th meeting I
came in very excited that I had a coach to take over my team as my son was too ill to play. On
February 20th when Joe Garcia's daughter was discussed, Rachel Beltran mentioned Dan Medina
and I spoke up about it as well before we voted. I believe this is why these charges were filed
against me. I carefully considered what is on the GSA website and I voted and acted in the best
interest of our coaches.
17. Joe Garcia sent our two e-mails to the entire board before the charges were filed stating that
Dan Medina had had his son placed on his existing team. Joe Garcia also forwarded the e-mail
from Dan Medina to the entire board as noted on page 69. So, the board was already well
aware of the conflict going on and was tainted. They could not step into the board hearing Kim
Verity scheduled as an unbiased and fair panel to hear this issue.
18. Please note the numerous e-mails where I request documentation concerning the team
formation practices. David Arciniega sent a report to NTSSA in February about this exact rule
and issue and I have not been given access to it. I was not given access to anything or a single
piece of paper in response to my reasonable requests. Why is GSA hiding information from its
directors? Please see pages 110-123 of the attachment.
19. The board is having serious conflict over having open meetings as the e-mails show. Please see
pages 50-54 in the attachment.
20. The materials in question related to this filing have not been updated in five years even though
we have radically changed the team formation practices using the Jevin software and an
independent player pool committee for the last 4 years. NTSSA needs to address this lack of
proper documentation. Please see page 119 of the attachment.
21. It appears the Garland Soccer Board of Directors voted on Coach Dan Medina and his son after
we were asked to leave the board meeting. How could there be any vote on those individuals
when they were not given any kind of notification that their placement on the U12 boys Pumas
team was in question? That is totally unethical.

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

Page 44

Sincerely,
Heather Dobrott
U6 Girls Director Garland Soccer Association
972 496-3649

From: Heather Dobrott [mailto:garlandsoccerrocks@gmail.com]


Sent: Wednesday, April 17, 2013 10:19 PM

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

Thanks,
Heather

Page 45

TO:
FIWM:

Garland Soccer Association, Board of Directors


Kimberley Verity, Vice President

DATE:

July31,20!3
Vote of No Confidence for U6

RE:

Heather Hvbrott

Based on Article HI - Directors and Olllcers, Elections, Terms of Office, Removal and Executive
Committee; Section 2.0 ELECTIONS, TERMS OF OFFICE, REMOVAL; subsection 23 that reads "Any
member ofthe Board of Diredors may be removedfiwn office by a vote Qf no confidence in his ability to
remain in o/fice and perform the duties 1here1~(', I would like to submit a formal complaint <md vote of no
confidence for the Garland Soccer Association U6 Dircctnr, Heather Dobrott
According to the NTSSA Chapter 11 Code of Ethics/Conduct l l .4 NTSSA Code of Ethics t\:ir Executive
Committee, State Committee, Members, and Member Association Administrators, we as directors of the
Garland Soccer Associatim1 are to adhere by the following Code of Ethics:
"Have respect fi:Jr the game, players, officials, parents, coaches, member association volunteers and

fellow board membe1:1 and deaf with them in a patient, courteous and consistent manner. Criticism
channeled through the proper quarter should be educational, constructive, balanced and positive. Under
no drcumstance should it be demeaning or detrimental to the se(f'respect of the individuals involved
Administrators should be inf(mned and available. As .fiwilitators they should know the right questions,
have the ability to elicit the right answers andjr;ster creativity with accountability within their committee
or area. Regarding committeemen and other volunteers: they should be praised.for time spent andjobs
well done; their suggestions welcomed, evaluated and conclusions communicated to them. Abilities
should be recognized and encouraged. Above all- courtesy, self control and lo.wilty. ff!e are role models
fiH the youngest players to the newest association. Our responsibility is to serve them well as we work
totvard our common goal_ "

Over the past two seasons that Heather has been in office in her position as the volunteer U6 director, the
GSA Board has been under direct attack with continuous criticism that has been far from positive. The
lack of loyalty io her follow board members as a whole has, and continues to impede the positive
collaboration and direction needed to efficiently operate our organization. As forther stated in the above
re.forenced Code of Ethics; "It is equally important that we remember that we are primari(v a service
organization and that we treat.fellow volunteers as partners with a common goal.., " Heather has not been
a team player and does not treat her follow volunteers as partners. Heather has publicly displayed a blatant
disregard for several members of the bmud; this has been personally demeaning and detrimental to the
self respect of the individuals involved. 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, filed complaint with NTSSA and
continues to provide NTSSA with information in an effort to reveal dysfunctions within the organization
that are erroneous and not warranted.
By her own admission, on July 8, 2013, Heather bypassed the chief executive officer and all board
members by acting on a decision she made on her own accord without prior and proper board discussion
and/or approval. Ikr infbrmation and actions were not factual and could possibly be damaging to the
organization, as well as the possible defamation of character to certain individuals inside and outside of
this organization. I have also received notification that Heather made an unauthorized attempt, on around
July 26, 2013, to gain information from one of GSA's contracted vendors. A portion of the notification
states, "This message is to inform you that we have received a call from Heather Dobrott and she was
asking about the account. To maintain the security of the account, we can only accommodate requests or
1

EXHIBIT

~T

.._

Page 46

inquiries from listed contacts on file. Heather Dobrott is not listed an as authorized contact on this
account." Heather bypassed our current website committee and all board members and again acted on her
own accord without prior and proper board discussion and/or approval before contacting this vendor.
Heather has and continues to act outside the realm of her volunteer duties. Our GSA Hy-liwv ARTICLE V
- Duties of Officer and Directors, Section 2.1 states, "Under 6 through Under 19 League Directors: 111e
League Directors will coordinate the activities of their respective age divisions and will be the liaison
between the coaches and the Board ofDirectors. "
Heather most recently shared pertinent information discussed during a board member meeting when a
specific request was made to maintain confidentiality based on the sensitivity of the matter l have been
notified in ;vriting by three (3) non board members that this information was shared with them on July 31,
2013. We have had several instances of confidential information being disclosed from board meetings
(examples include, hut not limited to; who voted how during board meeting(s); a coach's name being
publicl.y mentioned at an age group meeting and negatively altered to include "cheat" in their name when
found guilty of violating our rules) and based on the above mentioned incident, it's possible the source is
being revealed (or one of- there could be others in collaboration).

ft is abundantly clear that H.eather is not properly suited fot the position in which she was elected. \Vhile
she may have the kids' best interest at heart, the members of this organization sl10uld be made aware of
the perpetual unpredictability and negative actions that arc endlessly exhibited.
Therefore, Article III - Directors and Officers, Elections, Terms of Office, Removal. and Executive
Committee; Section 2.0 ELECTIONS, TERMS OF OFFfCE, REMOVAL; subsection 2.4 states, "Any
three (3) Team Represenf(ftives may petition for a vale of no confidence provided that the petition shall be
in writing and must be submitted to the Board of Directors. The Board of Directors sh(l/l review the
petition and submit a copy there offo all members withinfimrteen (l'fJ days of receipt <4'swne," Please
find the needed signatures below. It is my intent that this petition be reviewed at the next scheduled hoard
meeting scheduled on Monday, Aug st';\

.~~~;:>-~~~::__ _
~!t:;;n; ~
:i~;;t1;\r1iliati0~1-~---

Jtl:~~.11:m.Jf...:?_ .
Printed Namo

Cfu,c,J:a..I
. . .b_JV\o.1~:b.-o.
Prmte<lb''lame

Wu\_'fe(1tt6-. Ut:i1::L

Team Affiliation

Page 47

From: David Crawford [mailto:projsocc@yahoo.com]

Sent: Thursday, August 29, 2013 6:04 PM


To: 'Heather Dobrott'
Cc: david@ntxsoccer.org; 'Billy Babcock'
Subject: RE: Executive Committee Minutes
Heather,
As best I can I will try to answer questions about process without weighing on this matter neither toward one side or
the other. I need to remain neutral since I may be involved in any potential appeal. In so doing, my answers may
seem a bit curt which is not the intent.
So long as they hit the timeline established in the GSA Bylaws, the process appears in accordance with proper
parliamentary procedures (referenced by Robert's Rules of Order, Ask.com, and/or the Center for Non-Profit
management). If there is any variation to the timelines, I would suspect the complaint would be re-dated and started
over.
The complaint does not mention any theft or fraud unless I missed it, so I would caution you to only bring the
subjects to light you feel are necessary for your defense. If a matter is potentially under pending litigation you have
a fiduciary responsibility to keep the specifics of that information confidential.
I was not involved in the hearing or matter on David Arciniega, so I cannot attest to any difference you may be
experiencing.
Please let me know how I may best be of service.
David Crawford
NTSSA VP-Development

From: Heather Dobrott [mailto:hdobrott@gmail.com]

Sent: Wednesday, August 28, 2013 9:52 PM


To: 'David Crawford'
Cc: david@ntxsoccer.org
Subject: Executive Committee Minutes
Dear Mr. Crawford,
I will need to provide my coaches with copies of the Executive Committee Minutes and I or the March and
August board reports that outline the possible felony theft or fraud as another board member described it of over
$8,000.00. I am up on a no confidence vote at the general coaches meeting on Tuesday September 3rd and this is
necessary for my defense. We had discussed open meetings and what information was confidential and I thought
you would be able to help me with this.
Would you perhaps also have access to documentation showing the normal procedure and protocol for a Vote of No
Confidence. When President David Arciniega was brought up on said type of vote in May 2013, the petition against
him was presented to the board with all the allegations already refuted in great detail by Kim Verity (VP) and
possible Arciniega himself). Is there some reason I was not allowed the follow that same procedure and have my
defense prepared for the board ahead ohime? When we voted on Arciniega's No Confidence vote petition we voted
in various colored pens?
Thank you for your kind help.
Sincerely,
Heather Dobrott

Page 48

U6 Girls Director
972 496-3649

-----Original Message----From: president@garlandsoccer.com [mailto:president@garlandsoccer.com]


Sent: Thursday, August 29, 2013 9:35 PM
To: Heather Dobrott
Cc: president@garlandsoccer.com; vicepresident@garlandsoccer.com; treasurer@garlandsoccer.com;
fields@garlandsoccer.com; events@garlandsoccer.com; publicity@garlandsoccer.com;
referee@garlandsoccer.com; u6boys@garlandsoccer.com; u6girls@garlandsoccer.com;
u8boys@garlandsoccer.com; u8girls@garlandsoccer.com; u10director@garlandsoccer.com;
u12director@garlandsoccer.com; majorleague@garlandsoccer.com; jcampbell@ntxsoccer.org;
dcrawford@ntxsoccer.org; bbabcock@ntxsoccer.org; david@ntxsoccer.org; jsutter@usyouthsoccer.org;
jcosgrove@usyouthsoccer.org
Subject: Re: Vote of No Confidence
Heather,
The process/procedure provided to you and to Kim Verity was first sent to NTSSA for their review. The
petition itself was not sent to members so that no one would come to the meeting with a biased
opinion. Handing it out at the coaches meeting and allowing both parties to speak would allow our
members to hear both sides at the same time.
I will contact NTSSA for guidance and respond back to you and to Kim on the manner in which this will
be handled.
Regards,
David A. Arciniega

> Dear Fellow Board Members,


>

>
>
>I must respectfully demand that the vote of No Confidence be
>immediately dismissed.

>
>
>
>Technicalities:

>
>
>
> 1. The original petition I letter attached above must be sent to the
>members within 14 days of receipt. The board received it and voted on

Page 49

>it on August 5th 2013. The member coaches had to receive it by


>August 19th.

>
> 2. The petition/ letter cannot be given to the coaches at the meeting
>when the vote is scheduled to take place as Mr. Arciniega was planning
>to do as our by-laws clearly state that is not the proper protocol and
>procedure.
>
>
> 3. The vote has to be taken within 14 to 21 days of receipt of the
> notice which includes the written petition I letter. The coaches
>never got the petition, so a vote cannot be taken.

>
>
>
>ARTICLE Ill - Directors and Officers, Election, Term of Office,
> Removal and Executive Committee
>
>
>
>
>
>
>
> 27 November 2012
>
>
>
>-----Original Message----> From: president@garlandsoccer.com [mailto:president@garlandsoccer.com]
>Sent: Thursday, August 29, 2013 9:04 AM
>To: u6girls@garlandsoccer.com; vicepresident@garlandsoccer.com
>Cc: president@garlandsoccer.com
>Subject: Meeting Procedure
>
>
>
>Heather and Kim,
>
>
>
> The procedure for the upcoming meeting is shown below. Please
>provide a copy of any items that will be handed out during the meeting
>to the GSA Office no later than Tuesday at noon. Please limit any
> items to be handed out to only those items supporting/disputing the
>allegations referenced in the petition submitted to the GSA Board.
>Also, make sure that phone numbers, names of kids and any other type
>of sensitive information is not included in any of the items being handed out.

Page 50

>
> Most importantly, given the pending litigation between Jevin and
> Corduro, GSA is being advised not to mention Corduro or any other
>banking institution during this meeting.

>
>
>
> Meeting Procedure:
>
>
>
> 1) The vote of 'no confidence' will be last on the agenda.
>
> 2) Prior to the vote of 'no confidence', all non-members will be asked to
> leave the room. Only those with a voting ballot, which will be handed out
>during the registration process, will be allowed to remain in the room.
>
> 3) Hard copies of the petition will be handed out to all members who
>remain.
>
> 4) Hard copies of supporting information can be handed out at the same
>time. This will fall under each of your responsibilites.
>
> 5) As the chairman of the meeting, I will introduce the petition and ask
>the members that submitted and signed the petition to address the details
>of
>the petition. A maximum of 10 minutes will be allocated.
>
> 6) The GSA Board member who is named on the petition for a vote of 'no
>confidence' will be given the same amount of time (10 minutes maximum) to
>present his/her defense. Character witnesses for the defense will be
> limited to three and are allowed to speak within this 10 minute time
>period.
>
> 7) I will open the floor to questions by the members regarding the items
>on
>the petition. Questions will be addressed to the defendant or the people
>who submitted the petition. A maximum of 20 minutes will be allocated for
>this portion of the meeting.
>
> 8) My only role during this meeting will be to keep the decorum.
>
> 9) The Elections Committee will be responsible for counting the votes.
>
> 10) During the vote count, a member from each side may be present to
>witness the vote count but must remain silent.
>
> 11) If the vote of 'no confidence' passes, the GSA Board member will be

Page 51

>asked to step down immediately. If it fails, then the meeting will


>adjourn
>and we will move forward as an association.

>
>

>
> Please reply to this email as confirmation that you have received the
> published procedure.

>
>
>
>Regards,

>
>

>
> David A. Arciniega

>
>
>

>
>
> Sincerely,

>
>
>
> Heather Dobrott

>
> U6 Girls Director

>
> 972 496-3649
>
>
>
>
>
>
>
>
>
>
>

>
-----Original Message----From: president@ga rla ndsoccer.com [mailto:president@ga rla ndsoccer .com]
Sent: Saturday, August 31, 2013 3:33 PM
To: u6girls@garlandsoccer.com
Subject: Update on Petition

Page 52

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

-----Original Message----From: David Arciniega [mailto:darciniega@verizon.net]


Sent: Tuesday, September 03, 2013 11:15 AM
To: 'David Arciniega'
Cc: Angela Bowen-Hearn (U8 Boys Director); Crystal Martin (U6 Boys Director); Darcy Quintana (Publicity
and Awards); Don Shell (Major League Director); Don Starkey (Facilities Director); Heather Dobrott (U6
Girls Director); Kathleen Robinson (Special Events); Kim Verity (Vice President); Piney Burch-Walser (U10
Director); Rachel Beltran (U12 Director); Robert Mayfield (Referee Director); Sam Perry (GSA Treasurer);
Terry Walser (U8 Girls Director)
Subject: Agenda for Tonight's meeting
Board Members,
I sent an email out last night to all our coaches informing them that the 'vote of no confidence' would
not be addressed tonight.
I would like to ask everyone to refrain from discussing this topic or anything related to this topic with
anyone, especially, our members. The information discussed in the Board Room and/or provided in the
petition should not be disclosed to anyone.

Regards,
David A. Arciniega

Page 53

From: John Sutter [mailto:john.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 I 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 I Tel
972-490-2255 I Fax
jsutter@usyouthsoccer.org
www.usyouthsoccer.org

From: Heather [mailto:garlandsoccerrocks@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 I David Arciniega

The courtesy of a reply would be very much appreciated.

From: Soapboxmom [mailto:soapboxmom@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

Page 54

Soccer to take action in regard to Mr. Arciniega in accordance with said by-laws.
http://www.realscam.com/fl 4/heather-do brott-vs-david-arciniega-gar land-soccer-association-3 885/#post83 070
http://www.realscam.com/ff 4/heather-dobrott-vs-david-arciniega-garland-soccer-association-3885/

Sincerely,
Heather Dobrott
Administrator for Realscam.com
972 496-3649

From: Heather Dobrott [mailto:hdobrott@gmail.com]


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 Soc<:er 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

Page 55

---------- Forwarded message ---------From: Heather Dobrott <hdobrott@gmail.com>


Date: Tue, Jun 9, 2015 at 9:22 AM
Subject: FW: Garland Soccer Asociation
To: hagfishin@gm~il.i;;:_om
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
972 496-3649

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 Ul2 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 Ul2 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 &

Page 56

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?

Page 57

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/fl4/heather-dobrott-vs-david-arciniega-garland-soccer-association-kimberley-lawrenceverity-north-texas-state-soccer-3885

http://www.realscam.com/fl2/jevin-inc-dan-ptak-online-sports-organization-management-software-hell-davidarciniega-3939/

Thank you again.

Sincerely,

Heather Dobrott
Former U6 Girls' Director for Garland Soccer
Administrator for Realscam.com

Page 58

972 496-3649

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; councill@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.

2.

3.
4.

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.
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.
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.
$8,000.00 of"missing funds" has no proper documentation as the board is routinely denied documentation
by David Arciniega.

Page 59

5.

6.

7.
8.
9.
10.
11.
12.

13.
14.
15.
16.
17.
18.

19.
20.

21.
22.

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.
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?
The president, David Arciniega, runs this organization like a dictatorship and flouts the GSA, North Texas
State and US Youth Soccer by-laws.
State law concerning fiduciary duties is not being followed.
Elections in Garland Soccer have been rigged for years.
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.
The number of players and coaches are dropping as folks leave unhappy with their experience in Garland
Soccer.
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 Ul3
and up depend on interleague to have enough teams to play in their correct age groups.
The coaches are shut down at meetings and their voices are not heard.
The Garland Soccer Association is operated in a shroud of secrecy even though it is in fact a 501c3 charity
and should be completely transparent.
Members of the association and the public have not been welcomed to the board meetings.
Board meeting agendas, board meeting minutes and board member reports are kept secret.
GSA has no Ethics Committee as North Texas State requires as Arciniega refuses to form one.
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.
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.
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.
The Garland Soccer website is not in Spanish though there have been numerous requests over the years for
that to happen as much ofGSA's player base is simply not being served.
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.l
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 .....

Page 60

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 ifrequested 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.

Page 61

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

hall not be entitled to vote


or to any protection, services or competitions of this
Association.
(60) days shall have its territory declared open ands

Thanks,
Heather Dobrott
Administrator for Realscam.com
972 496-3649

Page 62