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Alberta Soccer Dispute Continues ON


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These letters have been widely circulated so I am not violating anyone's trust. (formatting comes across a little screwy)

July 5, 2010

Mr. Mario Charpentier, Alberta Soccer Association Board of Directors

Mr. Chris Billings

Dear Sirs,

As requested by the Board of Directors of The Canadian Soccer Association (CSA), a Special

Committee composed of members of the Board was created to meet with representatives from the

Alberta Soccer Association (ASA) Board of Directors and Staff of June 25, 2010.

Following the meeting with the ASA representatives on June 25, 2010 and an Executive Committee

conference call on June 30, 2010, the following recommendations were unanimously approved:

1. That the CSA issue a clear and unequivocal statement that as a result of Mr. Billings’

suspension by the ASA, he is also suspended from all soccer activity in Canada.

2. That all meetings and directives issued by Mr. Billings while suspended are invalid and

are not recognized by the CSA and the ASA.

3. That in accordance with the Judicial Bodies established by the CSA and ASA, Mr.

Billings, after failing to attend two hearings, remains suspended from all soccer activities

in Alberta and in Canada until such time Mr. Billings contacts, in writing, the ASA to have

his case heard.

4. That the CSA Board commence proceedings to investigate possible disciplinary action

against Mr. Billings, in accordance with the Rules and Regulations of the CSA (Sections

11.b.iii.f, 11.c and 11.d). This is in light of his conduct since the start of Mr. Billings’

suspension in February 2010 which includes: use of media, actions (freezing of

accounts), possible slanderous comments against the CSA and its members, and refusal

to recognize the authority of the CSA.

5. That the CSA immediately act to conduct meetings with the Legal Department of the

ASA’s Financial Institution and Government of Alberta officials to help undo the possible

financial harm to the ASA and CSA in this matter. A significant amount of CSA money

(estimated $250k) is held within the ASA frozen accounts.

6. That CSA correspondence to the ASA indicates that any direction taken by the ASA

membership that will negatively impact the financial standing of the Association will be

dealt with by the ASA according to its By-laws.

The CSA is hoping that both parties will act accordingly in view of the interest of our sport in

Alberta and Canada.

Sincerely,

Dr. Dominique Maestracci

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FOR IMMEDIATE RELEASE

JULY 5, 2010

ASA Postpones Provincial Tournaments Due to Challenges Arising from Non‐Payment by Some Districts

Suspended ASA President Billings Fails to Attend a Second Disciplinary Hearing

CSA Commences Investigation Into Disciplinary Action Against Mr. Billings

The Alberta Soccer Association (ASA) issued a notice to soccer districts throughout Alberta today stating that a number of upcoming provincial soccer tournaments have had to be postponed. The ASA made its decision based on Mr. Billings unlawful activities that resulted in nonpayment or misdirection of dues by some districts relying upon information provided to them by Mr. Billings. The effects of which are starting to be felt around the province, as the attached notice indicates. In that notice, the ASA Board of Directors has announced the need to postpone many of the scheduled provincial tournaments because a number of hosting districts did not submit their member’s dues as required to remain in good standing with the ASA and Canadian Soccer Association (CSA).

A statement released on behalf of the ASA Board of Directors noted:

“The ASA Board recognizes and acknowledges that the postponement of the Tier IV rural provincial championships will cause inconvenience and possible hardship for those involved. However the Board does not currently have a reasonable alternative. Provincials cannot proceed in districts that are in bad standing as ASA's liability insurance coverage, which covers all members and their participants, is automatically revoked by the insurer for members declared in bad standing. Furthermore, it would be imprudent for the Board to incur significant additional expenses until payment from all districts is resolved. “

Mr. Billings has been informed repeatedly since April 2010 by the ASA and CSA that he was suspended from all soccer activities pending a hearing on allegations of gross misconduct. Mr.

Billings ignored the suspension and has directed Alberta soccer districts to remit the player fees they collected from members to a non ASA authorized third party.

In keeping with the ASA bylaws, this has resulted in non‐paying districts to be declared in bad standing by the ASA. Any district deemed to be in bad standing cannot be legally covered by the ASA's insurance policies, and as such they cannot play games or attend any CSA or ASA sanctioned tournaments until their outstanding dues are paid in full. In an effort to reach out to districts who may have re‐directed their membership funds without full knowledge of the situation, the ASA may be holding hearings to speak with those non paying districts in the near future.

Mr. Billings, has steadfastly refused to follow the due process outlined by ASA and CSA to bring this issue to a resolution, namely to attend a disciplinary hearing on the matter to address the allegations leveled against him. Mr. Billings has now failed to attend two scheduled hearings, one in April and the most recent on June 19th, 2010.

The CSA is in full support of the ASA Board of Directors and continues to uphold Mr. Billings’ suspension from soccer activities. The CSA is now in the process of “commencing proceedings to investigate into possible disciplinary action” against Mr. Billings, for, as they put it:

“…his conduct since the start of his suspension in February 2010, which includes use of the media, freezing of accounts, possible slanderous comments against the CSA and its members, and refusal to recognize the authority of the CSA”.

For comments or to arrange an interview, please contact:

Colin Innes, Director of Finance, ASA at 403‐615‐2002

Mario Charpentier, First Vice President, ASA at 780‐916‐7978

Victor Montagliani, Vice President of Canadian Soccer Association, 604‐828‐6924

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July 5, 2010

URGENT

TO: All Members of the Alberta Soccer Association

Dear Members:

RE: JULY 2010 PROVINCIAL CHAMPIONSHIPS

As you may be aware, ASA member districts and associations were required to pay their membership fees to the ASA by July 2, 2010. Several members failed to do so, and these members have now been declared in bad standing by the ASA Board. These circumstances have caused an immediate problem for provincial championships scheduled for July 2010, including the following:

Some of the Tier IV Rural provincial championship tournaments were to be hosted in member districts who are now in bad standing, and therefore these tournaments must be relocated; and

Without the receipt of all membership fees, the ASA's financial situation is currently uncertain.

In order to have time to address these issues, the ASA Board has decided to take the following actions:

1. U14-U18 Boys and Girls Tier IV Rural Provincial Championships

The ASA Board has postponed all Tier IV rural provincial championships scheduled for July 9-11, 2010. We will provide further information within the next few weeks on the status of these provincials.

2. U12 Boys and Girls Tier IV and U14-U18 Boys and Girls Tier IV Cities Provincial Championships

The ASA Board had also decided to postpone all Tier IV cities provincial championships and the U12 boys and girls Tier IV provincial championships. HOWEVER, the host member association, the Edmonton Minor Soccer Association (“EMSA”), has agreed to

take on the initial financial responsibility for holding these provincial championships (with the ASA providing a future credit to EMSA). Therefore, these provincial championships will proceed as originally scheduled in Edmonton on July 16-18, 2010 with participants from districts and associations in good standing.

The ASA Board recognizes and acknowledges that the postponement of the Tier IV rural provincial championships will cause inconvenience and possible hardship for those involved. However the Board does not currently have a reasonable alternative. Provincials cannot proceed in districts that are in bad standing as ASA's liability insurance coverage, which covers all members (and their participants), is automatically revoked by the insurer for members declared in bad standing. Furthermore, it would be imprudent for the Board to incur significant additional expenses until payment from all districts is resolved.

The ASA Board continues to explore and consider various options to resolve this problem. In the meantime, we ask for and appreciate your patience and understanding.

Sincerely,

Fred Kern, chair ASA competition committee

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Letters were sent to AMSL teams demanding what amounts to a duplicate payment of fees. In essence, if any AMSL teams paid their fees to their usual district (as is the normal protocol), and those districts are in bad standing (that is, they have sided with Mr. Billings and either withheld fees or deposited them in to a third-party account set up through Mr. Billing's lawyer), the team will be suspended unless they pay their fees AGAIN directly to the Board of the ASA that is currently being recognized and supported by the CSA.

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What a disgusting mess.

Terribly unfair to all the players involved. One of the letters indicates that they (Mario, et al.) have no other option but the fact is that they have many.

All board members from both sides could step down and allow an independant party to run the association until the next AGM

They could call an immediate election

They could all realize that this dispute is not about soccer and allow the games to continue while they duke it out in the background.

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Correct me if I am wrong, but the new CSA governance model was voted on and accepted, regardless of the Alberta vote (which was to support the status quo, if I recall). As such, I am not sure why the CSA (Maestracci, etc.) would so strenuously support the Charpentier crew. Earlier, Maestracci indicated that the CSA did not want to intervene...but has now done so.

I can appreciate Mr. Billings' reluctance to appear before a hearing - the outcome would be a fait accompli, but the Sports Dispute Resolution Centre won't intervene until an individual exhausts all internal available avenues of appeal. He hasn't done that. If he truly wants to have this issue brought into the light of day, he needs to go down that road, I would think.

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Correct me if I am wrong, but the new CSA governance model was voted on and accepted, regardless of the Alberta vote (which was to support the status quo, if I recall). As such, I am not sure why the CSA (Maestracci, etc.) would so strenuously support the Charpentier crew. Earlier, Maestracci indicated that the CSA did not want to intervene...but has now done so.

I can appreciate Mr. Billings' reluctance to appear before a hearing - the outcome would be a fait accompli, but the Sports Dispute Resolution Centre won't intervene until an individual exhausts all internal available avenues of appeal. He hasn't done that. If he truly wants to have this issue brought into the light of day, he needs to go down that road, I would think.

I don't believe the governance reforms at CSA are complete. They need to be ratified at a future meeting (someone else will have the details). Alberta is a key vote and CSA needed to get Billings out of the way. There may be other provincial associations targeted as a method to further divert pro-governance votes. The vote at the CSA general meeting was very close.

I don't know what the best method for resolution would be. I am reluctant to allow CSA to dictacte terms to a provincial association. They are not in a position to determine who runs ASA. They can control ASA's membership in CSA but to my way of thinking that is the limit of their power. CSA can't determine who is the lawful and legal board of the legal entity called the Alberta Soccer Association.

Here is a blog that discusses the governance changes a little bit

http://onwardsoccer.com/?paged=2

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I don't believe the governance reforms at CSA are complete. They need to be ratified at a future meeting (someone else will have the details). Alberta is a key vote and CSA needed to get Billings out of the way. There may be other provincial associations targeted as a method to further divert pro-governance votes. The vote at the CSA general meeting was very close.

My understanding is that the motion at the last AGM to proceed with governance reforms only required a simple majority to be approved. However, the By-Law changes at a future general meeting which are required to actually implement the reforms will need a two-thirds majority to be approved. As a result, two major provinces - such as Alberta and Quebec with about one-third of the votes - could block these changes.

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That's a professional smear job right there. If i hadn't been reading these threads and knew nothing of the situation i'd think Mr. Billings was stealing money from the ASA. I really hope the people that are going to be voting know the details of the situation or these bastards are going to pull a fast one on Billings.

BTW, the second release states:

"The ASA made its decision based on Mr. Billings unlawful activities that resulted in nonpayment or misdirection of dues by some districts relying upon information provided to them by Mr. Billings."

a) This was sent out by the ASA right?

B) Could not the bolded part be construed as slanderous? Who says what he did is unlawful, has there been a court decision that determined his actions unlawful? These actions seem to me to be alleged, as in unproven, which is a word these folks might wish they had used....sue the **** out of them.

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Bill, thanks for that information. It brings things into better focus. When is the next CSA general meeting where By-Laws can be changed?

Currently, the ASA office is being guarded by security who demand ID - on the list? Entry permitted. Not on the list? Not getting in.

I hope things move quickly towards some resolution. Players, parents, volunteers, other innocent lovers of the game are being caught up in a political s**t show. Dan Barnes of the Edmonton Journal wrote some article some time ago, but has become very quiet despite recent events. Wonder if his editors gave him the ol' cease and desist order? If not, someone needs to rattle his cage so that he puts pen to paper again.

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One thing that Mario has been very honest about. Chris told me that when he was confronted in February by Mario and his henchman, Mario promised him that if he did not immediately resign he would be subjected to having his name smeared and dragged through the mud. They apparently didn't even bother to hide the fact that they knew their "allegations" were bogus, they just laid it out what they were going to do and by golly they did it. Honest for once in a very nasty way. I find it interesting that every time there is activity on this thread you always immediately see a couple of guests. I'm assuming that either CSA, ASA deposed Board or both are monitoring this conversation closely.

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I would hope that the Billings-led group (my math might be wrong, but I think that amounts to 14ish districts?) could encourage the CSA-recognized Board (led by Charpentier) to sit down with an arbitrator with an eye on some sort of reasonable resolution.

I want to see an improved governance model adopted in Alberta and Canada; in the interim, however, we shouldn't see players, coaches and teams lose competitive opportunities or insurance coverage. Each warring group is using whatever means it can to force each other's hand...one side (Billings) is using money (the fees it has held in trust) while the other side (Charpentier, Innes, Kern, et al) is using it CSA sanctioning to potentially withhold insurance, access to referees and competitive play.

I don't support either side with any real passion - my passion is reserved for the game. I just want a solution that sees a foundation created for improving soccer in our province and country; in the interim, I want matches to continue and players impacted as little as is possible.

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One thing that Mario has been very honest about. Chris told me that when he was confronted in February by Mario and his henchman, Mario promised him that if he did not immediately resign he would be subjected to having his name smeared and dragged through the mud. They apparently didn't even bother to hide the fact that they knew their "allegations" were bogus, they just laid it out what they were going to do and by golly they did it. Honest for once in a very nasty way. I find it interesting that every time there is activity on this thread you always immediately see a couple of guests. I'm assuming that either CSA, ASA deposed Board or both are monitoring this conversation closely.

If they are monitoring it, I wish they would man up and voice their opinion. Everything they do is decided upon in secret and with little or no input from others. If they believe in their course of action they should be willing to explain and/or defend it publicly.

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So their plan to win over the membership is to start cancelling tournaments? Did they think this through carefully?

They dont' care to win over willing followers. They want to compell people to follow through fear and intimidation. Sort of gestapo-like I think.

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