Professional Documents
Culture Documents
MIKE ATKINSON (collectively “Defendants”) and would respectfully show unto the
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DISCOVERY
place of business in Richardson, Texas. This defendant has answered and appeared.
from Southwest Officials Association, Inc. This Defendant has answered and appeared.
TASO and an individual believed to reside in Dallas County, Texas at 4102 Buena Vista
St. #14, Dallas, Texas 75204. This defendant has answered and appeared.
relevant times was the Executive Secretary of the TASO Houston Chapter Football
all relevant times was the President and Chairman of the Board of the TASO Houston
President and Chairman of the Board of the TASO Houston Chapter Football Division,
and an individual member of the TASO Houston Chapter Football Division. All
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pleadings may be served on his attorney of record, Kathleen A. O’Connor,
O’ConnorWechsler PLLC, 4400 Post Oak Parkway, Suite 2360, Houston, Texas 77027.
8. The Court has jurisdiction over the lawsuit because the amount in controversy
9. This Court has subject matter jurisdiction because TASO’s expulsion and removal
of Machol was illegal, arbitrary capricious, deprived him of due process and a valuable
and substantial property right, and upon appeal TASO refused to set it aside.
10. Venue is proper in Harris County because one or more of the Defendants is a
natural person with a residence in Harris County, Texas. Tex.Civ.Prac. & Rem. Code
15.002(a)(2). Further, venue is proper in Harris County because all or a substantial part
of the events or omissions giving rise to the claims occurred in Harris County, Texas.
FACTUAL ALLEGATIONS
11. The University Interscholastic League (“UIL”) regulates all high school sports in
Texas. TASO is an organization that provides personnel to officiate high school sports in
Texas. The TASO Houston Chapter Football Division provides officials for Texas junior
high and high school football games in the Houston region. Each school enters into
12. The Houston Chapter is a separately incorporated entity apart from TASO with
its own constitution, by-laws, officers, Board members, books and records.
13. Fitch is a paid employee and the Executive Director of TASO. Tommy Moore is
the Houston Chapter Liaison to the Executive Board and Immediate Past President.
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14. Joe Machol was elected President of the Houston Chapter in November 2017 for a
15. Shortly after the Chapter election, Michael Fitch, Bill Theodore, Mike Atkinson
and Geoff Marolda met to discuss the election results. Mike Atkinson lost to Joe Machol
and the discussion at dinner that evening revolved around how to get rid of Machol.
Mike Atkinson used racist laced profanity describing most of the voting members at the
election as the Southside n*****s who voted for Machol and not him. Going on a racist
tirade about how the white members did not show up to vote and repeating the racist
name calling of other members. Fitch and Theodore did not do anything to diffuse
Atkinson’s racist rants nor did they admonish him not to describe the other members of
the Houston Chapter in such derogatory terms. Later, upon the arrival of Norman
Richardson, the entire tone of the dinner changed. The discussion turned to conspiring to
oust Machol.
16. Machol took office in January 2018. Shortly thereafter, Fitch, Atkinson and
Moore’s plans to remove Machol began when members of the Houston Chapter aligned
with Atkinson and Moore began filing grievances lacking any foundation or truth.
17. In July 2018, Joe Machol agreed to officiate at least 14 high school football
8/31/2018 7:00 PM Galena Park ISD Galena Park HS Pasadena ISD Pasadena HS 6A
9/7/2018 7:00 PM Friendswood ISD Friendswood HS Clear Creek ISD Clear Brook HS 6A
9/14/2018 7:00 PM Galveston ISD Ball HS Houston ISD Wheatley HS 5A
Fort Bend Christian Academy HS (Sugar KIPP PCS KIPP Generations Collegiate
9/21/2018 7:00 PM Land) HS 0A
9/28/2018 7:00 PM Port Arthur ISD Memorial HS Galena Park ISD Galena Park HS 5A
10/5/2018 7:00 PM Angleton ISD Angleton HS Fort Bend ISD Hightower HS 6A
10/6/2018 6:00 PM Katy ISD Paetow HS Montgomery ISD Lake Creek HS 5A
10/12/2018 7:00 PM Pasadena ISD Dobie HS Humble ISD Kingwood HS 6A
10/19/2018 7:00 PM Goose Creek CISD Sterling HS Galena Park ISD North Shore HS 6A
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10/20/2018 1:00 PM Spring Branch ISD Northbrook HS Cypress-Fairbanks ISD Cy Ridge HS 6A
10/26/2018 7:00 PM Texas City ISD La Marque HS Houston ISD Washington HS 4A
11/2/2018 7:30 PM Katy ISD Mayde Creek HS Katy ISD Katy HS 6A
11/9/2018 7:00 PM Spring ISD Spring HS Aldine ISD MacArthur HS 6A
11/10/2018 ####### Fort Bend ISD Austin HS Fort Bend ISD Elkins HS 6A
18. On July 27, 2018, without a due process hearing on the merits of the alleged
• You are Removed from the office of TASO Football Houston Chapter President
immediately.
• You are prohibited for holding any TASO Chapter or TASO Division position, elected or
appointed until July 26, 2028.
• You will be placed on probation until July 26, 2023. o During the probation, any Ethics
Complaint or allegations of other TASO, TASO Football, or Chapter policy violations will be
directed to the TASO office
• You are prohibited from working on the field in any capacity for the 2018 football
season.
Exhibit C.
19. As a result of the illegal actions taken by Fitch depriving Machol of a property
right, namely money to earn a living, Machol suffered financial damages and damages to
his reputation for which he now brings suit. Machol seeks a declaration from the Court
that his removal by Fitch did not follow the requirements of the Constitution Chapter By-
20. Exercising his oversight responsibilities as President and Chairman of the Board,
and being made aware of other issues related to financial irregularities, involving 2017
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bank accounts and accounting records and he asked for an audit. According to the
21. Although President Machol called for an audit at the February 5, 2018 meeting, it
was met with resistance by the Chapter Board members who were aligned with Fitch,
22. It is clear from the information contained within the Report, that the issues raised
by then President Machol were justified, reasonable and serious and confirmed as true.
The Report exposed ongoing financial abuses by Chapter officers and lack of compliance
23. While Machol was calling for an audit of the Houston Chapter’s books, the other
Chapter Board members were rushing to approve the 2017 Financial Statement offered
by the treasurer. Because Machol refused to rubber stamp the approval of the 2017
Financial Statement without an audit, the Board members conspired and began their
campaign to file ethics complaints against him in an effort to remove him from office,
knowing that Fitch would summarily find Machol violated various provisions of the
TASO Standards of Conduct. Machol voices his concerns about the financial
irregularities to Fitch who did nothing about it. Instead Fitch accepted the baseless
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complaints instead of complying with his fiduciary duties to the Chapter and
organization.
24. The first complaint was filed on February 22, 2018 by Norman Richardson and
Eric Dumatrait. The second complaint was filed by Geoff Marolda on April 5, 2018, and
the third complaint was filed by Terri Secrest and “others” on April 8, 2018.
25. The complaints do not identify ethics violations or state cogent complaints, and in
light of the Report, they are made by those with the most to gain by removing the
President and to deflect from many of the complainant’s wrongdoings. It is unclear from
the complaints and it is nonsensical that the President of an organization violated his
ethical duty by performing his duties in the best interest of the Chapter. The complaints
were filed by the members aligned with Mike Atkinson, Michael Fitch, and Tommy
Moore.
26. The Report demonstrates that these were phony complaints made by a select few,
who conspired to remove Machol and remain in control. The 2017 officers and Board
members were never questioned by anyone about their lack of oversight and/or fairness.
The very members who filed the ethics charges were the ones who covered up the
27. As a result of the farcical ethics complaints filed, Fitch appointed a biased
investigator to review the complaints, interview witnesses, and prepare a report on his
findings. What resulted was a biased report, who did not properly investigate, provide a
written, thoughtful report, or talk to anyone other than the complaining members. He did
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not interview Machol or his witnesses or review financial records that were the subject of
Machol’s concern. Further, the report lacked any basis to support an ethical violation.
28. Based on the biased investigation, Fitch, without authority, summarily removed
Machol from his Presidency, interfered with his contractual relationships to officiate
games, and prohibited him from running for office for 10 years. Fitch’s July 27, 2018
letter states:
Exhibit C.
29. The report on which Fitch based his discipline did not find one ethical violation
and the investigator only interviewed the individuals making the complaints who had
vested and biased interests in the outcome. See Exhibit B, Investigative Report.
30. The Chapter Constitution and By-Laws states that only the Chapter may remove
an officer, specifically:
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31. The Chapter did not vote to remove Machol. The Chapter was not given any
opportunity to hear the facts of Machol’s case. Instead, Fitch acted illegally and removed
Machol without due process and deprived him of substantial property rights.
Machol’s Appeal
32. Machol timely appealed his illegal removal. The telephonic hearing was set on
October 1, 2018, approximately 4 months after his illegal removal and interference with
33. The telephonic hearing was held on October 3, 2018. Members of the committee
included Fitch, John Miller, and Bill Theodore, all of who illegally removed Machol in
34. The TASO Football Board ignored the plain language of the Constitution and By-
Laws prohibiting removal without two-thirds vote of the Chapter members present and
voting and refused to set aside the illegal removal. Further, Fitch ignored the obvious
bias in the investigation and refused to set aside the illegal removal. The Defendants
clearly failed to comply with the requirements of due process to be heard before a fair
and impartial tribunal composed of neutral and detached persons, depriving Machol of a
valuable right and property interest. Instead, the Defendants decided Machol was right,
but they wanted a “do over” and hire a new investigator to do a new investigation (right
this time) while still depriving Machol of his valuable interests and property rights. See
Exhibit D.
35. The investigation “do over” is not allowed according to Defendants’ own Policies
and Procedures. Defendants’ interpretation that the organization is allowed to “revise the
action in any manner they deem necessary” does not mean the investigation on which
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they based their decision to remove Machol and interfere with his property rights starts
anew. The plain language of the documents defines “action” as the disciplinary action
already taken. Nothing in the Policies and Procedures allows for the Defendants to start
the investigation over after the illegal action had already been taken. Exhibit F.
36. The Defendants failed to comply with the requirements of due process to be heard
before a fair and impartial tribunal composed of neutral and detached persons, depriving
CAUSES OF ACTION
38. As an officiating referee, Machol entered into 16 contracts with various Texas
high schools to officiate football games. Machol was selected by the various high
schools to officiate along with his crew. Machol agreed to officiate and the high schools
39. Defendants willfully and intentionally interfered with Machol’s contracts and the
damages.
41. Machol, as the Chapter President, has standing to bring a claim on behalf of the
Chapter against Defendants, Fitch, Marolda, Richardson, Atkinson, and Moore, who owe
fiduciary duties to the Chapter. The removal of Machol as President did not follow the
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Chapter Constitution and By-Laws, and therefore his removal was without authority and
42. Defendants owe the organization and Chapter members a duty of loyalty, a duty
of candor, a duty to act with integrity of the strictest kind, a duty of honest and fair
dealing, and a duty to refrain from self-dealing. The Defendants breached their fiduciary
duties and as a result the Plaintiff and the Chapter suffered damages and financial injury.
43. The officers and Board members who approved the 2017 Financial Statement
acted in bad faith and each are individually liable for their actions.
Conspiracy
46. The object of the combination was to accomplish and unlawful purpose, or a
47. The Defendants had a meeting of the minds on the object or course of action.
48. At least one of the Defendants committed an unlawful, overt act to further the
object or course of action and the Plaintiff suffered injury as a proximate result of the
wrongful act.
Declaratory Judgment
49. Plaintiff seeks a declaration that his removal from office was without authority
and ineffective. Pursuant to Section 37.004(a) of the Texas Civil Practice & Remedies
Code, a person interested under a written contract may have a court of competent
instrument, and obtain a declaration of right, status, or other legal relations under it.
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See Exhibit G.
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50. Article IV, Section VI of the Chapter By-Laws requires that a two-thirds vote of
the members present and voting is required to remove from office any officer or Board
member whose actions or conduct is detrimental to the best interests of the organization.
See Exhibit E, Constitution and By-Laws. The only way the Defendants could have
properly removed Machol as President was through that voting mechanism. The
procedure was not followed and Machol’s removal was illegal, ultra vires and ineffective.
51. Machol seeks a declaration that the Chapter’s Constitution and By-Laws must be
strictly followed and that two-thirds of the members did not vote to remove him. Machol
Attorneys’ Fees
52. Pursuant to Section 37.009 of the Texas Civil Practice & Remedies Code,
JURY DEMAND
Plaintiff hereby demands a jury trial on all issues that can be submitted to a jury.
PRAYER
Plaintiff prays that Defendants be cited to appear and answer herein and Plaintiff
be granted judgment against Defendants, jointly and severally for damages as follows:
(a) A Judicial Declaration that the removal of Joe Machol as President of the
Chapter was ultra vires, unauthorized and violated the Chapter Constitution
and By-Laws;
(d) Plaintiffs all costs and reasonable and necessary attorney’s fees, as the Court
deems equitable and just;
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(d) Pre-judgment and post judgment interest at the maximum amount allowed by
law; and
(e) the Court grant to Plaintiff such other and further relief, general or special,
either at law or in equity, to which Plaintiff may show himself to be justly
entitled.
Respectfully submitted,
O’CONNORWECHSLER PLLC
CERTIFICATE OF SERVICE
On this 17th day of May 2019, I hereby certify that a true and correct copy of the
foregoing document was served via e-service as indicated below:
Gregory B. Godkin
Stephanie K. Denton
Roberts Markel Weinberg Butler Hailey, P.C.
111 Congress, Suite 1620
Austin, Texas 78701
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