YYC Posted January 23, 2011 Share Posted January 23, 2011 Mr Kern, IMO you have not done anything to better the game in 32 years, as is obvious with the state of affairs of ASA, you are an intelligent man, you can probably look in the mirror, you can probably sleep, you dont realize you did anything wrong, go on a retreat and reflect all you have done, think about the people who were fired and ask yourself if you are a good person, because the people you fired are good people. When Kern stated he was "only on the board for 33 years", one of one of the attendees voiced (I so loved the comment - truer words could not be spoken!) "32 years too many!" Link to comment Share on other sites More sharing options...
YYC Posted January 23, 2011 Share Posted January 23, 2011 I'm going off-topic for this post but I have a question I know someone has the answer to. I would like to join an adult soccer team but have no idea how to find one. It would need to be purely recreational. I'm in terrible shape right now and I haven't played soccer since I was 8 years old. I don't have a technical basis to draw from. How would I find a team in Edmonton? I don't want to play for a team that is crazy competetive. I'm a couple seasons away from being any real help. I hear EDSA may be able to help, give 'em a dingle! Link to comment Share on other sites More sharing options...
YYC Posted January 23, 2011 Share Posted January 23, 2011 Another question about future appeals and court applications by the recently removed board of directors: I'm assuming since they no longer represent the ASA that they will be on the hook personally for the costs associated with any legal actions and/or appeals they undertake now. Is that correct? D&O liability insurance covers anyone that has not commmitted any wrongful or willful acts...not sure any of this applies to the deposed ASA board members. Some examples of claims that may not be coverred under D&O: •Employment-related issues such as discrimination, harassment, and wrongful termination •Mismanagement of assets Link to comment Share on other sites More sharing options...
YYC Posted January 23, 2011 Share Posted January 23, 2011 I know you are being factitious in terms of your avatar, but could you please change it? I appreciate you sense of humor, but you are making the rest of our AB friends very nervous. Link to comment Share on other sites More sharing options...
Norma Rae Posted January 23, 2011 Share Posted January 23, 2011 When Kern stated he was "only on the board for 33 years", one of one of the attendees voiced (I so loved the comment - truer words could not be spoken!) "32 years too many!" Funny, I thought something similar. His comment affirmed for me why we need change -- truly a career having been made out of being a "volunteer"-- do we still wonder how we got to this watershed moment in Alberta?! In addition to the fact that it is now irrefutable that the reform movement in Alberta is a true grass roots movement, there is now a much more sophisticated, educated and informed membership. No longer will the membership just accept a director's say so OR sit back and let others make decisions for them. The membership's overwhelming support for the amendment of the bylaw to prohibit directors of the ASA from also having to serve on a local association shows a remarkable commitment and loyalty to the organization. The beautiful game deserves no less! Link to comment Share on other sites More sharing options...
oc64 Posted January 23, 2011 Author Share Posted January 23, 2011 I found it interesting to hear Mario state he is being voted off the board simply for following the bylaws. (laughed out lound when I heard him say they have never lied but the membership is being misled by half truths and misinformation) While I don't believe that to be the case it is still a great oversimplification of the issues. For example, the board may have acted within the bylaws when they fired staff but that doesn't mean that they acted ethically or properly. Their actions exposed the association to a great financial risk. The board may have been acting within the bylaws when they cancelled provincials but that doesn't mean that they were acting properly or in the best interests of the association or the membership. The crux of the issue (for me) was not bylaws but the blatant disregard of the board for the membership, the staff, and the soccer players within Alberta. The board seemed to be driven by a belief that the membership existed to do their bidding when in reality the board is accountable to and responsible for representing the wishes of the membership. Link to comment Share on other sites More sharing options...
TFCRegina Posted January 23, 2011 Share Posted January 23, 2011 When Kern stated he was "only on the board for 33 years", one of one of the attendees voiced (I so loved the comment - truer words could not be spoken!) "32 years too many!" Talk about a sense of entitlement. Yes you served the board for 33 years (we'll not question the definition of serve, or the quality of service here), but at the end of the day, you are a volunteer, and if you're not longer needed for the job you're doing, it's entirely within the role of the organization to say, "Thanks, see ya." They have absolutely no obligation to keep you around because you've been there forever. Entitlement! Next thing you know, he'll be claiming he's entitled to his entitlements. Link to comment Share on other sites More sharing options...
CoachRich Posted January 23, 2011 Share Posted January 23, 2011 ^ Will said NR. A good structure for moving ahead for clubs is the CSA Club Charter. It's a brief what clubs should be doing model that was taken from the The FA Charter Club program. What I like about it is the required transparency and communication to the players and families. Too much $ is spent on perks and capital projects when the club members don't even get to vote let alone in some clubs know. Believe it or not there are clubs in Canada that have budgets over $500K and the kids and parents don't even have a vote. http://www.bcsoccer.net/bcsa/LinkClick.aspx?fileticket=wtkE3RfHSVw%3D&tabid=298 The CSA financial are a good example as they offer very little detail. My fave is they combine the MNT and WNT funding. Plus hide things like Fred Nykamps (sp) payout and etc. Link to comment Share on other sites More sharing options...
fishman Posted January 23, 2011 Share Posted January 23, 2011 A very credible source told me not to be surprised when Charpentier files lawsuits on Monday morning - possible defendants include ASA, CSA and FIFA. Link to comment Share on other sites More sharing options...
kj52 Posted January 23, 2011 Share Posted January 23, 2011 A very credible source told me not to be surprised when Charpentier files lawsuits on Monday morning - possible defendants include ASA, CSA and FIFA. Well I guess we now know where the $100,000 retainer the ASA Board paid to the Gowlings law firm is going to go. I wonder if Gowlings might now be be getting in a conflicted position here? Charpentier remains recalcitrant to the end. If he can't have it he's going to destroy as much as he can. A previous poster's allusion to Hitler in the bunker at the end of the war in Europe seems to be eerily similar, although Hitler did at least put an end to himself - something Mario could do, symbolically of course, by simply resigning his position at EMSA and leaving the Alberta soccer community. Link to comment Share on other sites More sharing options...
17thumper Posted January 23, 2011 Share Posted January 23, 2011 I found it interesting to hear Mario state he is being voted off the board simply for following the bylaws. (laughed out lound when I heard him say they have never lied but the membership is being misled by half truths and misinformation) While I don't believe that to be the case it is still a great oversimplification of the issues. For example, the board may have acted within the bylaws when they fired staff but that doesn't mean that they acted ethically or properly. Their actions exposed the association to a great financial risk. The board may have been acting within the bylaws when they cancelled provincials but that doesn't mean that they were acting properly or in the best interests of the association or the membership. The crux of the issue (for me) was not bylaws but the blatant disregard of the board for the membership, the staff, and the soccer players within Alberta. The board seemed to be driven by a belief that the membership existed to do their bidding when in reality the board is accountable to and responsible for representing the wishes of the membership. OC you make very good points. I believe that Mario and his friends are liable for a great deal of this, moreover I also believe there has been some abuses for many years before all this began. Which brings me to my questions: are the actions that Mario has done over the past year going to make him liable? If he is liable who takes him and all the others to court to recoup the losses the ASA has incurred for these actions? I would really like to see a forensic audit done on the ASA finances for the past 5 or 10 years. Link to comment Share on other sites More sharing options...
yeg51 Posted January 23, 2011 Share Posted January 23, 2011 A very credible source told me not to be surprised when Charpentier files lawsuits on Monday morning - possible defendants include ASA, CSA and FIFA. On what grounds? Right to the point of the SGM, this has been directed by the courts reading the bylaws and the Societies Act, despite the interference of the CSA, FIFA, and a board that has rarely followed any bylaw directed procedure or natural justice. Justice Tilleman was very careful in his earlier judgements, and he was eloquent in his condemnation of the leadership of the day. Mario's going to try to get the results overturned? Good luck, because you will simply move more people to the reform side. Libel? hardly. However, none of this surprises me. His sense of entitlement, his belief in his own greatness, bolstered by a string of lackeys and minders will no doubt lead him to conclude that a court action is appropriate. I believe it is time for CSA and FIFA to suspend him indefinitely, for bringing the game into gross disrepute, grossly. Mario - move on; reflect on what 20+ years of autocratic rule, unethical practices and elimination of all your detractors and opponents have wrought upon you - a page in Canadian soccer history that most will flip past with disdain. We are looking for inspired leadership to take the game to new heights in Canada, and the likes of you and Messrs Innes, Duberger, Hayne, Kern, Chaters have left us with a strong view on what we DO NOT want in our leadership. Link to comment Share on other sites More sharing options...
JustFixIt Posted January 23, 2011 Share Posted January 23, 2011 Great success on Friday, now it's time to follow up with more constructive actions. Some things will obviously depend on how Calvin and Chen react. Fairly enough, they probably are taking some time to figure things out from their end. The member districts should be working on a plan of action right now. They should recommend a list of names for interim appointment to the board. Make sure that the names are responsible, capable, and unaligned without any particular axes to grind. If Calvin and Chen appoint a bunch of hacks, immediately file another request for an SGM. On the other hand, if they appear to be acting responsibly, work with them to come up with mutually acceptable people. The key here isn't revenge or payback. It's all about getting competent people in place as quickly as possible. There is a lot of work needed before the AGM. Also immediately file a petition requesting that the Alberta delegate to the CSA SGM vote for reform. Get as many members onside as possible. This may not have any legal force, but if a clear majority of the voting members are in favour it carries a tremendous amount of moral force. Send copies of the petition to all voting members of the CSA. Link to comment Share on other sites More sharing options...
kj52 Posted January 23, 2011 Share Posted January 23, 2011 Great success on Friday, now it's time to follow up with more constructive actions. Some things will obviously depend on how Calvin and Chen react. Fairly enough, they probably are taking some time to figure things out from their end. The member districts should be working on a plan of action right now. They should recommend a list of names for interim appointment to the board. Make sure that the names are responsible, capable, and unaligned without any particular axes to grind. If Calvin and Chen appoint a bunch of hacks, immediately file another request for an SGM. On the other hand, if they appear to be acting responsibly, work with them to come up with mutually acceptable people. The key here isn't revenge or payback. It's all about getting competent people in place as quickly as possible. There is a lot of work needed before the AGM. Also immediately file a petition requesting that the Alberta delegate to the CSA SGM vote for reform. Get as many members onside as possible. This may not have any legal force, but if a clear majority of the voting members are in favour it carries a tremendous amount of moral force. Send copies of the petition to all voting members of the CSA. After Chen's speech on friday and Calvin's behaviour this summer it would qualify as an earthquaking shock if either is planning on acting responsibly. Link to comment Share on other sites More sharing options...
JustFixIt Posted January 23, 2011 Share Posted January 23, 2011 After Chen's speech on friday and Calvin's behaviour this summer it would qualify as an earthquaking shock if either is planning on acting responsibly. The best predictor of future behaviour is past behaviour, so plan for that. Also have a plan for a turn to the better. Don't rest on the success of Friday, but come up with constuctive actions to move the Association forward. That's my main point here. If they do appoint a bunch of hacks, there are probably grounds to contest it due to lack of quorum or something similar. Link to comment Share on other sites More sharing options...
kj52 Posted January 23, 2011 Share Posted January 23, 2011 As the bylaws don't give a requirement for a Board of Director's meeting quorum, I assume that Robert's Rules of Order would apply. In this case according to my limited knowledge, it would seem that all it would require is a majority of the BOD members to achieve quorum. If I'm wrong please correct me as it doesn't look too good under that scenario. Link to comment Share on other sites More sharing options...
oc64 Posted January 23, 2011 Author Share Posted January 23, 2011 Well I guess we now know where the $100,000 retainer the ASA Board paid to the Gowlings law firm is going to go. I wonder if Gowlings might now be be getting in a conflicted position here? Charpentier remains recalcitrant to the end. If he can't have it he's going to destroy as much as he can. A previous poster's allusion to Hitler in the bunker at the end of the war in Europe seems to be eerily similar, although Hitler did at least put an end to himself - something Mario could do, symbolically of course, by simply resigning his position at EMSA and leaving the Alberta soccer community. Someone from ASA now needs to demand an accounting of the legal account and refund of any retainer outstanding Link to comment Share on other sites More sharing options...
socfan50 Posted January 23, 2011 Share Posted January 23, 2011 Now that the dust has settled the next thing to do for these individuals is gracefully resign from their local Boards and disappear into the sunset. Have a great life gentlemen. Link to comment Share on other sites More sharing options...
The Kid Posted January 23, 2011 Share Posted January 23, 2011 Now that the dust has settled the next thing to do for these individuals is gracefully resign from their local Boards and disappear into the sunset. Have a great life gentlemen. Feel free to add yourself to this list Garry Steen! Link to comment Share on other sites More sharing options...
CoachRich Posted January 24, 2011 Share Posted January 24, 2011 Posted at the RAS - "The CSA Discipline Committee has come back with its decision of its hearing for Shauna Aab, Danny Bowie, Les Hodges and Mike Troke." http://www.reformalbertasoccer.com/Timeline-2010/change-log/csadisciplinecommitteereachesdecisionreaabbowiehodgesandtroke Link to comment Share on other sites More sharing options...
JustFixIt Posted January 24, 2011 Share Posted January 24, 2011 Posted at the RAS - "The CSA Discipline Committee has come back with its decision of its hearing for Shauna Aab, Danny Bowie, Les Hodges and Mike Troke." http://www.reformalbertasoccer.com/Timeline-2010/change-log/csadisciplinecommitteereachesdecisionreaabbowiehodgesandtroke At first glance, it is a reasonably nuanced decision. Essentially, they are suspended from serving on provincial or national governing bodies, until June 2012. They are still allowed to serve at a district level, and coach and play soccer. BUT, The suspension does not take effect immediately. It does not take effect until the CSA has scheduled discipline hearings for all other litigants in the Alberta Soccer dispute. As I read it, and I am most definitely not a lawyer, that should include the Charpentier board because they asked Justice Tilleman to overrule the legitimate request of the ASA members for an SGM. Link to comment Share on other sites More sharing options...
oc64 Posted January 24, 2011 Author Share Posted January 24, 2011 At first glance, it is a reasonably nuanced decision. Essentially, they are suspended from serving on provincial or national governing bodies, until June 2012. They are still allowed to serve at a district level, and coach and play soccer. BUT, The suspension does not take effect immediately. It does not take effect until the CSA has scheduled discipline hearings for all other litigants in the Alberta Soccer dispute. As I read it, and I am most definitely not a lawyer, that should include the Charpentier board because they asked Justice Tilleman to overrule the legitimate request of the ASA members for an SGM. It should definetely include charpentier and Innes. According to the ruling one needed only to have "commenced" legal proceeding in 2010. By definition that includes the recently ousted board. Link to comment Share on other sites More sharing options...
weeredtruck Posted January 24, 2011 Share Posted January 24, 2011 I noticed that the ousted board are still listed on the ASA Web site, the staff should have removed them by now, didnt they remove the fired staff only a couple of hours after they were fired. Link to comment Share on other sites More sharing options...
oc64 Posted January 24, 2011 Author Share Posted January 24, 2011 Has anyone heard what the "official" response to the SGM is from the ousted board? (Acceptance, appeal to the courts, appeal to CSA, etc) Link to comment Share on other sites More sharing options...
oc64 Posted January 24, 2011 Author Share Posted January 24, 2011 When Kern stated he was "only on the board for 33 years", one of one of the attendees voiced (I so loved the comment - truer words could not be spoken!) "32 years too many!" I actually feel a little sorry for Fred. He has had sons play at a very high level and I'm sure he truly does care about soccer in Alberta. However, he was not a leader and in my opinion allowed himself to be led and manipulated by the other members of the board. If he had truly been a leader he would never have signed that letter cancelling tier 4 provincials. He would not have supported the motion to dismiss staff without cause. He would not have supported a baseless suspension of Billings. In the end, I think Kern's downfall was his willingess to do, say, and sign anything in order to maintain his position on the board. He knew that if he didn't support Mario and Colin that he would have received the same treatment as Bowie Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.