Surrey Breakers Correspondence

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July 09, 2015 South District Girls Soccer Association 16911 618 Ave Surrey, BC V3S-1C8 Attn: Bruce McCallum, Chair Surrey Metro Soccer Association P.O. Box 311,#151-10090 152nd Street Surrey, BC V3R-8XB Shaheem AIi, Chair Re: The Abuse of Authority by the Gentral City Football Club ("GGFC" or the "Club") Executive Committee & Board of Directors Please accept this letter as an official letter of complaint against the Executive Committee & Board of Directors of CCFC ('CCFC Management"). As a member of CCFC and former VP of Equipment / Equipment Manager, I am asking that both the South District Girls Soccer Association (SDGSA) and the Surrey Metro Soccer Association (SMSA) hold account the CCFC Management for its abuse of authority. Firstly, the CCFC Management have changed the Constitution and Bylaws of the CCFC without approval of the membership of the Club at an Annual General Meeting. Please see documents, attached. As the Club is governed by the Society Act, any change of the Constitution or Bylaws must be approved by the membership of the Club. This is a huge violation of their duties as the Management of the CCFC. CENTRAL C|TY FOOTBALL CLUB - BREACH OF THE CONSTTTUTTON AND BYLAWS Violation of Bylaw 6 Bylaw 6 of the Club's Constitution provides: Central City Football Club shall be atfiliated with BC Soccer Association and its affiliated district association's primary established for the purpose of organizing and administrating soccer in the district in which Central City Football Club belongs and is subject to the rules and regulations of these bodies. This Clause shall not be altered Despite Article 6, CCFC Management has been supporting a non-affiliated BC Soccer Association/District(s) Association soccer club, namely, the Canadian Eagles FC. Seven board members of CCFC are actually also Board Members of Canadian Eagles FC. Monies have been paid from CCFC to Canadian Eagles FC, despite being a non-affiliated BC Soccer Association/District(s) Association soccer club. Lastly, CCFC Management has been misleading CCFC members, and the public, by stating that CCFC is running a Spring/Summer League.

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One of B.C.’s largest youth soccer clubs, the Surrey-based Central City Breakers, has been suspended from play pending an investigation into charges against the organization’s management team, who are alleged to have broken several of the organization’s bylaws and even indirectly diverted funds to another club.

Transcript of Surrey Breakers Correspondence

  • July 09, 2015

    South District Girls Soccer Association16911 618 AveSurrey, BC V3S-1C8

    Attn: Bruce McCallum, Chair

    Surrey Metro Soccer AssociationP.O. Box 311,#151-10090 152nd StreetSurrey, BC V3R-8XB

    Shaheem AIi, Chair

    Re: The Abuse of Authority by the Gentral City Football Club ("GGFC" orthe "Club") Executive Committee & Board of Directors

    Please accept this letter as an official letter of complaint against the ExecutiveCommittee & Board of Directors of CCFC ('CCFC Management"). As a member ofCCFC and former VP of Equipment / Equipment Manager, I am asking that both theSouth District Girls Soccer Association (SDGSA) and the Surrey Metro SoccerAssociation (SMSA) hold account the CCFC Management for its abuse of authority.

    Firstly, the CCFC Management have changed the Constitution and Bylaws of theCCFC without approval of the membership of the Club at an Annual GeneralMeeting. Please see documents, attached. As the Club is governed by the SocietyAct, any change of the Constitution or Bylaws must be approved by the membershipof the Club. This is a huge violation of their duties as the Management of the CCFC.

    CENTRAL C|TY FOOTBALL CLUB - BREACH OF THE CONSTTTUTTON ANDBYLAWS

    Violation of Bylaw 6

    Bylaw 6 of the Club's Constitution provides:

    Central City Football Club shall be atfiliated with BCSoccer Association and its affiliated districtassociation's primary established for the purpose oforganizing and administrating soccer in the districtin which Central City Football Club belongs and issubject to the rules and regulations of these bodies.

    This Clause shall not be altered

    Despite Article 6, CCFC Management has been supporting a non-affiliated BCSoccer Association/District(s) Association soccer club, namely, the Canadian EaglesFC. Seven board members of CCFC are actually also Board Members of CanadianEagles FC. Monies have been paid from CCFC to Canadian Eagles FC, despitebeing a non-affiliated BC Soccer Association/District(s) Association soccer club.Lastly, CCFC Management has been misleading CCFC members, and the public, bystating that CCFC is running a Spring/Summer League.

  • Violation of Bylaw 3

    Bylaw 3(a) of the Club's Bylaws provides:

    Central City Football Club's ANNUAL GENERALMEETING shall be held on or before the thirtieth(30th) day of June each year at a place somewherein the City of Surrey as the directors may determineand on a day to be fixed by the directors and thirty(30) days written notice of such meeting shall begiven to the members by posting it on the club'sofficialwebsite; and

    Bylaw 3(b) of the Club's Bylaws provides:

    ANNUAL GENERAL MEETING of the Central CityFootball Club shall be held at least once in everycalendar year and not more than fifteen (15) monthsafter the holding of the last preceding annualgeneral meeting

    The CCFC Management applied for an extension of the Club's AGM in February of2015. The reason given was that the Club's audited statements were not prepared,despite the Club having a fiscal year end of March 30.

    The Society Registry first accepted the request and granted an extension. TheRegistry, however, realizing the Club's Bylaw requirement, revoked the extension.The notice for the AGM is listed as June 1"1, 2015, which is in fact back dated fromthe actual posting date of June 25, 2015. See relevant documents, attached. The2014 AGM of the Club was held on April 23,2014. The 2015 AGM should havebeen held by no later than July 23,2015.lnstead, the Club is holding its AGM onJuly 29, 2015, in clear violation of the Club's Bylaws.

    The Bylaws of the Club defines a "voting member" as, "a designated parent or legalguardian who is delegated to represent a family of registered youth player(s) in goodstanding, or a coach, or a volunteer or an adult player who is in good standing".Further, it defines a "Registered played' means a youth and adult player whoseapplication for membership has been validated by the District Registrar and by theProvincial Registrar for the current soccer season.

    The CCFC Management has set July 24,2015 as the date to determinemembership. This means that all members who have paid their registration fee for(2015-2016 season) prior to July 24th, 2015 will be entitled to attend and vote at themeeting.

    How does the CCFC Management team plan to have the members registered for201512016 season, validated by the District Registrar and by the Provincial Registrarfor the 201512016 season by July 24, 2015. The lists are not due until October 1st.

  • First, the July 24,2015 date was set arbitrarily by the CCFC Management, withoutthe approval of the membership at an Annual General Meeting. More significantly,the AGM should have taken place no later than June 30, 2015. This means thatmembers who signed up in 2014 should be voting at the 2015 AGM (as theirmembership expires on July 31, 2015). CCFC Management has artificially delayedthe AGM to have next seasons' mernbers voted at the 2015 AGM. Further, CCFCManagement is excluding all CCFC members from the 2014 soccer season who arefrom participating and voting at the 2015 Annual General Meeting. lnstead, nextseasons' players will be able to participate, contrary to the spirit of the Club'sBylaws.

    Violation of Bylaw 4

    Bylaw 4,A (6) of the Club's Bylaws provides:

    The order of business at the ANNUALGENERAL MEETING shall be as Follows: RollCall; Credentials, Minutes; Business Arising,Correspondence; Officer's Reports;Constiiutional Amendments; Bylaws; Settinqthe*Annu_al Memberqhip Fee; Approval of aBudget; Election of Board of Directors; NewBusiness, Adjournment.

    ln violation of Bylaw 44 (6), CCFC Management has been set the membership feesin December 2014 for the zA1ilrc soccer season. They did so without firstapproving the membership fees at an Annual General Meeting for the 2015116soccer season.

    Violation of Bylaw 5

    Bylaw 5 of the Club's Bylaws provides:

    Any Board Member who has a personalinterest in a matter before the Board shallbefore a vote on the matter declare theirinterest and shall not be entitled to vote on thematter in which they have a personal interest.The Board may by resolution disqualify a Boardmember if the Board is of the opinion that theBoard member has a personal interest in thematter;

    As stated, above, seven members of CCFC Management sit on the board forCanadian Eagles FC. More significantly, SpringlSummer fields are rented from theCity of Surrey under CCFC, but the CCFC rentals are being used by CanadianEagles FC. Further, CCFC membership fees are being used to pay for field rentalsfor Canadian Eagles FC. The seven members that sit on Canadian Eagles FC areusing CCFC's membership data base to expand the membership of CanadianEagles FC. Lastly, CCFC Management is making payments to Canadian EaglesFC, in direct violation of the Constitution and Bylaws of the Club. CCFCManagement is carrying out the above in conflict with their duties owed to CCFC,without membership approval, and contrary to the Club's Constitution and Bylaws.

  • BC SOCCER RULES & REGULATIONS VIOLATIONS

    Rule 13(e) provides:

    Youth Districts forming an inter-district youthleague shall make application annually forsanction to BC Soccer 45 days beforecommencement of the season. The inter-districtleague shall be under the jurisdiction of thedistricts in whose areas they will operate. Aninter-district youth league must be comprised ofa minimum of four (4) teams.

    CCFC Management has failed to apply within the time frame of 45 days. Further, theCCFC Management has failed to apply to the Surrey Metro Soccer Association orthe South District Girls Soccer Association. Damningly, the current CCFCManagement has insisted that members register for a full year, includingSpring/Summer. The Spring/Summer season, however, the members are thenplaced on the to the non-affiliated BC Soccer Association/District(s) Associationsoccer club Canadian Eagles FC.

    Request / Demand

    CCFC is a BC Soccer Association/District(s) Association soccer club. CCFC shouldnot be associated with any non BC Soccer Association/District(s) Association soccerclub program.

    Further, the CCFC Management has abused its authority by targeting the currentmembers of the Club by not upholding the Constitution and Bylaws of CCFC, andviolating the Rules of its governing bodies namely, South District Girls SoccerAssociation, Surrey Metro SoccerAssociation, BC SoccerAssociation, and SoccerCanada Association FIFA (the "Rules").

    Based on the above we request that both the South District Girls Soccer Associationand the Surrey Metro Soccer Association investigate the business of CCFC toensure that the CCFC Management are complying with the Bylaws of the Club, theSociety Act, and the Rules.

    This letter has clearly outlined and provided evidence in regards to abuse of power.lf there is no action taken by the districts and BC Soccer within a reasonable time,this serious matter will be put forth to the supreme court of Canada. At that time allgoverning bodies will also be held accountable and responsible for allowing this non-profit organization to operate outside the guidelines and boundaries of yourindividual constitutions and bylaws.

    Govern yourselves accord ingly.

    Amar Bains604-417-2627

    ,/--e2

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    July'26,'2015'South'District'Girls''Soccer'Association'(the'"District")'Attention:' Bruce'McCallum,'SDGSA'Chair'' ' Mike'Grohmann,'SDGSA'Discipline'Chair'Re:$ CCB$Suspension'I'write'on'behalf'of'the'Central'City'Football'Club'("Club")'in'response'to'your'letter'of'July'24,'2015.''You'reference'having'received'complaints'about'our'Club,'yet'we'have'only'been'notified'of'a'single'complaint.''We'were'provided'details'of'that'complaint'on'July'23,'2015'and'have'not'been'given'an'opportunity'to'respond'to'the'allegations'in'such'complaint.'Your'letter'also'only'references'allegations'made'against'our'Club;'it'does'not'make'clear'what,'if'any,'determination'the'District'has'made'in'relation'to'these'allegations.''Yet,'the'District'has'already'imposed'discipline'on'the'Club.''Discipline,'I'might'add,'which'impacts'every'youth'in'our'Club'wishing'to'play'soccer'in'British'Columbia.'We'would'like'to'draw'your'attention'to'BC'Soccer'Discipline)Policy)and)Procedure,'which'enshrines'the'principles'of'natural'justice'and'duty'to'act'fairly'in'matters'of'discipline.''Specifically'I'draw'your'attention'to'Section'1.1'which'states'the'following'(emphasis'added):' "All'individuals'have'the'right'to:'1)'a'process'free'of'bias,'2)'

    prior%notice,%advance%access%to%pertinent%information,%and%an%opportunity%to%respond,'3)'and'a'fair'hearing'with'timely'opportunity'to'present'their'case'at'hearing."'

    Please$provide$the$following$without$delay:$

    A'clear'written'statement'of'the'determination'made'by'the'District'in'these'matter'which'has'led'to'the'discipline'imposed'as'stipulated'in'your'letter'of'July'24,'2015;' A' itemized' list' and' full' details' (including' all' supporting' documentation)' of' each'complaint' the' District' took' into' consideration' when' making' the' foregoing'determination;'and' Pursuant'to'Section'37'of'the'Society)Act'(Inspection'by'Members),'the'minutes'and'all'documents'considered'at'every'meeting'of'the'District'Board'since'the'date'of'the'first'complaint'about'the'Club'received'by'the'District.'

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    Given'that'discipline'has'already'been'imposed'on'the'Club'and'its'youth'players,'I'request'that'the'above'be'provided'no'later'than'July'29,'2015.'I'suggest'you'give'this'letter'your'most'serious'attention.''The'Club'reserves'all'rights'and'remedies'against'the'District'and'the'members'of'its'Board'of'Directors'in'respect'of'these'matters'including'the'right'to'be'indemnified'and'saved'harmless'from'all'expense,'cost'and'liability'arising'from'the'discipline'imposed'and'all'related'actions'by'the'District.'Please'govern'yourself'accordingly.'Yours'truly,''''Dr.'Harj'Dhaliwal'President,'CCB'FC'c.c.' Dan'Turvill,'British'Columbia'Soccer'Association'' Roger'Barnes,'British'Columbia'Soccer'Association'' ' '