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Alberta Soccer Dispute Continues ON


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The latest communication (to AMSL teams) from the deposed ASA Board. For what it is worth, the newest ASA AMSL Commissioner has never seen a single AMSL game. The letter also does not follow proper protocol. Proper process would entail ASA communication to the District and from thereon to the Local Association. There has never been direct communication from ASA to AMSL teams in regards to fees. It has always been dealt with through the local association. Also, the letter is not signed - makes me wonder who wrote it!

Dear Members:

RE: FAILURE TO PAY ASA FEES

The ASA has not received payment of fees due and owing from your local district or association to the ASA, including fees required in order for you to participate in AMSL. The deadline for payment of these fees was July 2, 2010. The ASA Board has now declared your local district or association in bad standing. As AMSL is a recognized program of the ASA, the ASA Board has made a special dispensation for you to pay your outstanding ASA fees (being $2,775) directly to the ASA. SPECIAL DISPENSATION FOR AMSL TEAMS THAT COME FROM ASSOCIATIONS OR DISTRICTS THAT ARE IN BAD STANDINGS IS OPEN UNTIL JULY 15TH 2010 AT 4:30 PM. YOU MUST PAY YOUR FEES BY CERTIFIED CHEQUE OR MONEY ORDER DELIVERED TO THE ASA'S OFFICIAL (REGISTERED) OFFICE AT #203 - 4940 49 ST NW, EDMONTON, ALBERTA, T6B 2M9, BY THIS DATE IN ORDER FOR YOUR PAYMENT TO BE RECEIVED AND RECOGNIZED.

If the ASA does not receive your fees by July 15th 2010, be advised that your team will be automatically declared in bad standing and will loose the privilege of being a member of the ASA, including but not limited to the following: ASA insurance policy coverage (which is automatically revoked by the insurer for any member, and its teams, players and other participants, declared in bad standing), access to referees, and the ability to play in sanctioned league play, provincials, nationals and international tournaments.

We understand that your local association or district may have paid your fees to Chris Billings or his legal counsel Bennett Jones LLP. Payment to Mr. Billings or Bennett Jones LLP is NOT payment to the ASA as these fees are not in the possession of the ASA. In this respect, we note that the governing body of soccer in Canada, the Canadian Soccer Association (the “CSA”), only recognizes the authority of the ASA Board. Furthermore, Mr. Billings has been suspended by the ASA and the CSA recognizes the legitimacy of his suspension, and therefore Mr. Billings has no authority whatsoever to collect fees or otherwise act on behalf of the ASA. THE ASA TAKES NO RESPONSIBILITY WHATSOEVER FOR ANY MONIES HELD BY MR. BILLINGS OR BENNETT JONES LLP. MEMBERS WHO HAVE ELECTED TO FORWARD THEIR FEES TO MR. BILLINGS OR BENNETT JONES LLP DO SO AT THEIR OWN AND SOLE RISK. You should direct any questions or concerns you may have in this respect to your local district or association.

We look forward to receipt of your fees by July 15, 2010.

Sincerely, Alberta Soccer Association

“Governing Body of Soccer in the Province of Alberta”

1

Alberta Soccer Association

“Governing Body of Soccer in the Province of Alberta”

2

Jeff du Berger

ASA – AMSL Commissioner

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I coach a team that has been adversely affected by this squabble. Extremely frustrating.

But not as frustrating as the fact that the ASA Board (post April 24th) sent the following to all districts. Guess what? My district elected NOT to forward this on to ANY of the coaches of teams eligible for provincials. Take a guess which side our President is aligned with?

Communication Update

Further to our communication update sent yesterday we just want to

make it clear that Provincials Are Still a Go, they have not been

cancelled or postponed.

Contrary to any reports being circulated please rest assured the districts are going ahead as

planned and hosting Provincials. It is very sad that certain individuals are attempting to

sabotage this opportunity for our membership.

As stated yesterday,

● NO District that has paid their fees to ASA, being held at the office or In Trust with

Bennett Jones is in bad standing.

● Contrary to any reports, Colin Innes, Fred Kern nor any other pre April 24, 2010 board

member have the authority to postpone or cancel any provincial competition in any

way. For the sake of the players, provincials must go on as scheduled. Once again

please see attached list of dates and locations for all youth provincials. Any Hosting

District feeling bullied, pressured or harassed into cancelling provincials or otherwise

prevented from hosting should document the incident and contact any of your current

Board Members. We will do everything in our power to prevent this from negatively

affecting the provincial schedule.

● We want to make it perfectly clear that Insurance has been paid and is in good

standing. We all have player insurance and the pre April 24, 2010 Board has no

authority to threaten to cancel anyone’s insurance. We will do everything in our power

to prevent anyone from taking away rights to our membership.

Please be assured we will do everything in our power to continue the fight so the players are not

affected on the field. The only thing we ask from you is to show up, allow your players to play

and try to let the spirit of the game continue.

Thank you for your continued support and Congratulations & Good Luck to all teams that will be

participating in Provincials.

The ASA Board of Directors

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I coach a team that has been adversely affected by this squabble. Extremely frustrating.

But not as frustrating as the fact that the ASA Board (post April 24th) sent the following to all districts. Guess what? My district elected NOT to forward this on to ANY of the coaches of teams eligible for provincials. Take a guess which side our President is aligned with?

Communication Update

Further to our communication update sent yesterday we just want to

make it clear that Provincials Are Still a Go, they have not been

cancelled or postponed.

Contrary to any reports being circulated please rest assured the districts are going ahead as

planned and hosting Provincials. It is very sad that certain individuals are attempting to

sabotage this opportunity for our membership.

As stated yesterday,

● NO District that has paid their fees to ASA, being held at the office or In Trust with

Bennett Jones is in bad standing.

● Contrary to any reports, Colin Innes, Fred Kern nor any other pre April 24, 2010 board

member have the authority to postpone or cancel any provincial competition in any

way. For the sake of the players, provincials must go on as scheduled. Once again

please see attached list of dates and locations for all youth provincials. Any Hosting

District feeling bullied, pressured or harassed into cancelling provincials or otherwise

prevented from hosting should document the incident and contact any of your current

Board Members. We will do everything in our power to prevent this from negatively

affecting the provincial schedule.

● We want to make it perfectly clear that Insurance has been paid and is in good

standing. We all have player insurance and the pre April 24, 2010 Board has no

authority to threaten to cancel anyone’s insurance. We will do everything in our power

to prevent anyone from taking away rights to our membership.

Please be assured we will do everything in our power to continue the fight so the players are not

affected on the field. The only thing we ask from you is to show up, allow your players to play

and try to let the spirit of the game continue.

Thank you for your continued support and Congratulations & Good Luck to all teams that will be

participating in Provincials.

The ASA Board of Directors

I think maybe Sherwood Park should possibly think about voting out their president when she comes up next for election.

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I think the fact that the CSA backed board is responding in such a coercive manner is indicative of a weak position. They have no trump card, this was it. If they can't browbeat the districts into following them, they don't really have much left. It was even noted in the CBC article that the dart is shot...Not much more they can do. If the districts carry on with business as usual, this is going to only work against the illegitimate board.

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I think the fact that the CSA backed board is responding in such a coercive manner is indicative of a weak position. They have no trump card, this was it. If they can't browbeat the districts into following them, they don't really have much left. It was even noted in the CBC article that the dart is shot...Not much more they can do. If the districts carry on with business as usual, this is going to only work against the illegitimate board.

I wish there was a "like" button for this comment like the CBC board has

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I think the fact that the CSA backed board is responding in such a coercive manner is indicative of a weak position. They have no trump card, this was it. If they can't browbeat the districts into following them, they don't really have much left. It was even noted in the CBC article that the dart is shot...Not much more they can do. If the districts carry on with business as usual, this is going to only work against the illegitimate board.

The comment was by Montagliani, I think he may be trying to put a little distance between himself and this affair. Remember that he will likely be wanting to be President next (2012 I think) when Maestracci's term is over. I'm sure he doesn't want any stain from this unpleasant situation still on him at that time.

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So will this ever get to the point where the (legitimate) ASA and the districts tell the CSA to stuff it and go independent?

The CSA might want to back down here because if that happens it might provide the impetus for others to start thinking about the same thing. Then this might REALLY get interesting.

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So will this ever get to the point where the (legitimate) ASA and the districts tell the CSA to stuff it and go independent?

The CSA might want to back down here because if that happens it might provide the impetus for others to start thinking about the same thing. Then this might REALLY get interesting.

If a resolution through the courts can't be achieved then that is a very distinct possibility. It's been on the agenda as the last resort right from the beginning of this mess. It was an almost spontaneous response from several very different organizations who normally don't have a lot of contact with each other but had come to the same conclusions independently. I think the days of these old boys club organizations flying under the radar are gone, there is a growing awareness amongst people that had never given much thought to CSA or ASA that there is someting very sick with our system (or lack thereof) in Canada and that change is not only desirable but essential. I would hope that whoever monitors this thread for the CSA takes note of what they will eventually have to deal with if they continue to resist the will of the Canadian soccer community.

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I am hopeful, but not convinced, that this will end up in the Sports Dispute Resolution Centre (SDRCC).

For that to happen - and for the problems that plague soccer in Alberta (and Canada) to be brought to light - Billings et al must go through the codified channels. Hearings and appeals at the ASA and CSA levels must be attended; I concede that the outcomes are probably forgone conclusions, but that doesn't mean they can be ignored.

Once the appeal processes have been exhausted, they can then approach the SDRCC. Perhaps at that level the changes that most people desire can be realized, or at least see the reforms kick-started.

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I am hopeful, but not convinced, that this will end up in the Sports Dispute Resolution Centre (SDRCC).

For that to happen - and for the problems that plague soccer in Alberta (and Canada) to be brought to light - Billings et al must go through the codified channels. Hearings and appeals at the ASA and CSA levels must be attended; I concede that the outcomes are probably forgone conclusions, but that doesn't mean they can be ignored.

Once the appeal processes have been exhausted, they can then approach the SDRCC. Perhaps at that level the changes that most people desire can be realized, or at least see the reforms kick-started.

Sorry fishman but I must respectfully disagree. There must be no legitimacy given to the "Board" that was legally ousted by the members at the SGM on April 24th. They have completely ignored the bylaws of the ASA in their actions right from the start. They never legally suspended Chris in the beginning, it's absolutely ludicrous to even suggest that someone attend a "hearing" (whatever that is) that the individuals holding said "hearing" don't even have the right to call. Just because some corrupt creeps at CSA violate their own previously stated policies of non-interference in Provincial affairs does not give any legitimacy to these usurpers. If I sound mad it's because I am. Also I wouldn't put much faith in the SDRCC option, they are not an organization that is particularly well-equipped to deal with this type of dispute. Athletes getting unfairly cut off from funding - sure. Disputes over who is a rightful Board? - you've got to be kidding. Also it's quite an expensive undertaking, you're better off going to court with real judges and lawyers dealing with is essentially an Alberta legal problem.

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They never legally suspended Chris in the beginning, it's absolutely ludicrous to even suggest that someone attend a "hearing" (whatever that is) that the individuals holding said "hearing" don't even have the right to call. Just because some corrupt creeps at CSA violate their own previously stated policies of non-interference in Provincial affairs does not give any legitimacy to these usurpers.

And there in lies the $64,000.00 question. Why would some CSA faction go to such extremes to back a DOOMED coup at the ASA by Mr Charpentier?

1) Was the election of Mr Billings legal?

2) Was the SGM legally called?

3) Was the replacement of the board legal?

As far as I can tell the answer to all the above is YES. So the Charpentier/CSA maneuver is mind numbingly stupid. They were counting on bluffing and bullying the districts with threats and other nonsense. The backlash must have them looking for new underwear. When the provincials go ahead and everyone ignores them will they go away?

The CSA has chosen poorly and clearly shown bad judgment. The rest of the provincial associations will look at this and think "if he can do it to Alberta he can do it to us" and his days are numbered. The rest of the CSA needs to apply serious pressure to those backing the ousted ASA board and publicly recognize the legally elected ASA or their days are numbered.

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MONTOPOLI has had no involvement in this dispute. I think you mean MONTAGLIANI.

I'm not sure that is true. I think they have both been involved. They both are members of the executive committe that has been driving this from a CSA standpoint. Of course, no one from CSA has been more involved (on a daily basis) than Mike Traficante

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Montopli was in South Africa for the a month or so, running one of the venues. He is not part of the CSA Executive Committee. He is the General Secretary.

The Executive Committee and the rest of the Board of Directors names can be found here:

http://www.canadasoccer.com/directory/board.asp

I am making an assumption he was not involved. I have not seen his name on any correspondance posted here. I wouldn't throw him under the bus with the old school.

Also, is it not strange to see that the CSA site has Billings as the Director from Alberta???

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I'm not sure that is true. I think they have both been involved. They both are members of the executive committe that has been driving this from a CSA standpoint. Of course, no one from CSA has been more involved (on a daily basis) than Mike Traficante

I've fixed my post to a more generic "CSA faction supporting the ousted board" type. Thanks guys. Whoever it was has shown very bad judgment and I hope for them it will be severly career limiting.

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kj52, I appreciate from where you are coming. However, both the ASA and CSA have discipline processes that need to be followed, whether we like it or not. Refusal to attend doesn't help the reform position.

It is critical that this issue of rightful governance is fought not just in the court of public opinion, but in the appropriate court for sport dispute. That place is the SDRCC. I disagree that courts with "real judges and lawyers" is the only place for justice in this matter. Take a look at the CVs of the Arbitrators & Mediators at the SDRCC; they are lawyers, judges and legal academics with vast backgrounds in conflict resolution, mediation and arbitration...within the context of sports tribunals.

kj52, I have attended hearings, at least one of which saw the outcome go horribly against me despite the preponderance of evidence. The discipline handed out was not just egregious, it was absurd, unfair and without merit. That discipline - meted out by an individual that should have recused himself for unbelievable conflicts of interest - came from an association that is now trumpeting fairness and the removal of the CSA-backed ASA/Charpentier board. They didn't care about fairness, they didn't care about their own rules, they simply disregarded ethics and morality. I could bore you all with the details, but suffice it to say it was the most horribly-conflicted, third-world kangaroo court I could ever imagine.

An appeal was won, with subsequent hearings held to remove any and all record of the discipline. Those ASA-led hearings that overturned the corrupt findings of the local association were chaired by Chris Billings. I respect him, and support his hope for reform and the improved governance of soccer in our Province.

But please don't tell me that I would have been better off ignoring the absurd disciplinary findings of my district association and instead just showed up at Provincials and got on a plane for Nationals. Because that is what you are implying. Should I have gone to the field and kicked off the team that was to replace ours? No.

Instead, I attended the trumped-up hearing, put more than 40 hours of work into compiling a dossier of evidence, and went through the embarrassment of a process the was beyond the pale. Sound vaguely familiar? You know, the kind of crooked politics that we all want to see removed from amateur sport? Regardless, I had to believe that in the end I would find reasonable people capable of making decisions based on the truth, rules, regulations and precedent. It took time and a tonne of sweat, but I got my pound of flesh.

I am behind the Billings-led group, but only to a point. That point is where they won't recognize the discipline process in place. The people handing out the discipline might be horribly conflicted and might not be trustworthy based on their actions, but you still need to go through it to get where you want to go - and that is where you will find the truth and get some justice.

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kj52, I appreciate from where you are coming. However, both the ASA and CSA have discipline processes that need to be followed, whether we like it or not. Refusal to attend doesn't help the reform position.

It is critical that this issue of rightful governance is fought not just in the court of public opinion, but in the appropriate court for sport dispute. That place is the SDRCC. I disagree that courts with "real judges and lawyers" is the only place for justice in this matter. Take a look at the CVs of the Arbitrators & Mediators at the SDRCC; they are lawyers, judges and legal academics with vast backgrounds in conflict resolution, mediation and arbitration...within the context of sports tribunals.

kj52, I have attended hearings, at least one of which saw the outcome go horribly against me despite the preponderance of evidence. The discipline handed out was not just egregious, it was absurd, unfair and without merit. That discipline - meted out by an individual that should have recused himself for unbelievable conflicts of interest - came from an association that is now trumpeting fairness and the removal of the CSA-backed ASA/Charpentier board. They didn't care about fairness, they didn't care about their own rules, they simply disregarded ethics and morality. I could bore you all with the details, but suffice it to say it was the most horribly-conflicted, third-world kangaroo court I could ever imagine.

An appeal was won, with subsequent hearings held to remove any and all record of the discipline. Those ASA-led hearings that overturned the corrupt findings of the local association were chaired by Chris Billings. I respect him, and support his hope for reform and the improved governance of soccer in our Province.

But please don't tell me that I would have been better off ignoring the absurd disciplinary findings of my district association and instead just showed up at Provincials and got on a plane for Nationals. Because that is what you are implying. Should I have gone to the field and kicked off the team that was to replace ours? No.

Instead, I attended the trumped-up hearing, put more than 40 hours of work into compiling a dossier of evidence, and went through the embarrassment of a process the was beyond the pale. Sound vaguely familiar? You know, the kind of crooked politics that we all want to see removed from amateur sport? Regardless, I had to believe that in the end I would find reasonable people capable of making decisions based on the truth, rules, regulations and precedent. It took time and a tonne of sweat, but I got my pound of flesh.

I am behind the Billings-led group, but only to a point. That point is where they won't recognize the discipline process in place. The people handing out the discipline might be horribly conflicted and might not be trustworthy based on their actions, but you still need to go through it to get where you want to go - and that is where you will find the truth and get some justice.

I applaud you for your willingness to submit yourself to a very flawed process and I am glad a favorable outcome was ultimately found. I agree with what you are saying, but not really in this instance. The hearing for Billings (according to bylaws) should have been held prior to the suspension. As far as I know, Billings has still not been allowed to see the evidence against him in order to even begin to compile a defense.

Those doing the suspending aren't following the discipline procedure; why should those people they are attempting to discipline? Chris, if I understand it correctly, may still have to submitt himself to a hearing. The April 24th SGM did not absolve him of any wrongdoing. They instead voted to get rid of the vast majority of the board members that were in charge at the time.

I like the idea that I have heard of holding a new election and not allowing members from either board to run. This new board can then deal with the suspension of Billings on a more equitable plane. I have my doubts that either board would agree to this.

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I like the idea that I have heard of holding a new election and not allowing members from either board to run. This new board can then deal with the suspension of Billings on a more equitable plane. I have my doubts that either board would agree to this.

Quite possibly the best solution available. Both sides are firmly entrenched in their beliefs, the "losing" group would deride by the "winner"...the question would then become...who would want to sit on an ASA Board anymore?

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Quite possibly the best solution available. Both sides are firmly entrenched in their beliefs, the "losing" group would deride by the "winner"...the question would then become...who would want to sit on an ASA Board anymore?

I don't quite follow this whole thing about sides and beliefs. There are two guys in Alberta that essentially want to run ASA however they feel like doing. There are a lot of district associations that don't want those two guys running things because they have absolutely no respect for rules or for anyone else's opinion. I think I am plagued by knowing too much and knowing too many people. There are things I would love to bring forward here but the time is not yet right. I'm sure people will believe what ever they want to believe. If Mario and Colin somehow manage to achieve control of the Association then it will be simple, there will be a new Association in Alberta. By the way Fishman, I thought at the time that ruling against you was very unfair and I agree that there was a real conflict of interest on that one, but that board was at least a legitimate Board, they made an unfair decision and it was overturned, Chris would never get that opportunity. It would be more like D.D. when he got suspended by Fred and put in limbo for two years. Chris's main fault was he failed to follow the script just like the districts are now failing to follow the script. I think you will see an awful lot of foul tactics in the next while as they try everything they've got.

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kj52, I agree that the ol' boys cabal must end. They have held back the game and the improvement thereof for a long, long time. I have seen many of them suck on the teat far too often.

I want to see the Association function as it should - legitimate, well-supported, visionary leadership. Capable stewardship. All those catch-phrases. But you and I both know that those involved in trying to maintain the dysfunctional status-quo will not go gently into that good night, as much as we would all like them to. Let's hope that a resolution comes quickly...

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