2
What if a well-known & respected name in America
...turned out to be a FRAUD?!
Could it be?
Well,...there are some VERY unpleasant inklings coming to light!
So,...do you (really) KNOW....Y ?
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What Would you think...if those you looked up to as icons & pillars of the community...were caught apparently doing some very dastardly deeds ...with apparently a great degree of proof & certainty) ?
-- Would you cover it up, to save their prestigious name?
-- Would you somehow make sure it never hit the media?
-- Would you maybe try to get judges &/or other officials & persons...to corrupt justice, tamper with evidence, & rule against the Law, against the evidence...& against legal precedent,...in arrogant acts to run the "trouble-maker" out of the courts so nobody ever hears of the matters?
-- After all,...how dare someone expect justice in America & good behavior from a respected pillar of the community, right? -- Especially from those bearing the name "Christian!"
1It can be understand that people make mistakes, but the "mistakes upon mistakes" scenario against one poor man is too much to casually toss aside.
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1
Among the "alleged" problems one man seems to have had with the Houston Metro-Area YMCA?! (One of the largest in the country)
Well, quite possibly,...
- Taking & concealing documentation from a childcare site & not returning the documentation, although state childcare licensing authorities required that it be kept onsite DAILY, ...all while hiding it all from the superviser in whose name the site was licensed with state authorities -- first denying it, then later finally acknowledging it after it went into play in federal court
- Lying to an official state labour board investigator, then telling the investigator that similar affidavit testimony would be sent. (Mr. Noack proved false statements in testimony to the labor investigator via documented evidence, so would that make this a matter of PERJURY on their part?)
- Lying to a Federal Court
- Lying to the opposing party in a federal court case
- Lying in affidavit testimony submitted as "evidence" in a federal court
- Sending false statements trying to prove by false documentation (apparently) that many pages of evidence had been sent to the opposing party...when in fact, such documentation had never been sent at all -- (as verified by postal code information, photo-copies, etc.)
- Withholding evidence (contrary to federal Law)...for months
- When even a partial presentation of that evidence was initially made,...it seems to have been sent on an encrypted CD, thus rendering it inaccessible! (As shown by documents filed in court it seems.)(Seems like obstruction of justice - a crime!)
- Withholding evidence contrary to a judge's direct orders to povide the evidence (after it started to evidence discrimination, apparently)
- Requiring an employee to break policy in multiple ways -- to work alone with kids against YMCA policy AND to tell his computer & telephone passcode...after he apparently refused to obey (alleged) orders to practice discrimination against men and blacks (- & his boss at one point gave him an apparently-illegal excuse for the "alleged" orders, as seen in email conversations filed as evidence by the man in federal court.) Mr. Noack didn't need to divulge his codes to a low-level boss when YMCA's tech people have access to staff computers and access them remotely already! -- His boss could have done anything on his computer & blamed it on him after that! With that & secretly taking (& keeping) documentation from sites licenced in his name with TX DFPS that DFPS required be kept onsite daily,...no wonder he finally resigned!
- Requiring an employee to work his own 40-hr/wk, fulltime job-duties plus do the work of 2 part-time (20 hrs/wk) employees all within his 40 hours....or be in jeaopardy of disciplinary action that permitted termination.....again, after he "allegedly" refused to do illegal commands (& after "allegedly" refusing to continue to work unpaid overtime that seems to have been compelled on him for years -- they later hurriedly PAID him for it, retroactively...when he resigned & before his last day at work). (lol)
- Giving that same employee, also, ...a disciplinary write-up for overtime that he was required to do by both his job requirements & his obligations to state childcare licensing! His supervisor apparently knew of the impending overtime, but seems to have made no effort to arrange for coverage of his duties later in the week so he would not have any overtime accrued. Instead, she wrote him up over it -- when it was partially due to his having to work alone against policy at YMCA requirement,...& having to immediately look into new reports at one of his sites of possible in-home child abuse! State regulations require IMMEDIATE reporting of such things, including ASAP within 24 hrs! SO,...the man was EVIDENTLY not written up for valid reasons, & it evidently was retaliation...against a worker who refused to compromise his integrity & his own christian conscience in the matters!
Is THIS the YMCA you KNOW?!?
- How about...the forcing of that same employee to continually work alone with children (against YMCA policy) & in such extreme situations that he commonly had no ability to take a bathroom break for hours on end, since he could not leave the kids totally alone. That was apparently done...EVEN THOUGH his boss & coworkers ALL knew he had been to a hospital ER for kidney stone problems in the not-too-distant past, it seems ! (And, I've heard they laughed about his kidney stones!)
Forcing him to violate the don't work alone with kids policy was also in direct contradiction to an even higher supervisor's recent direct orders, according to evidence documents filed in court.
-- Is THAT the YMCA you KNOW?!?
- Hmmm,...and did you know that at least 3 of the people involved in the "alleged" matters with that former employee were all women who...had apparently been close personal friends for years & who had worked in the same department...who also apparently just happened to all attend the same church when he worked for the YMCA? - one having been promoted to a much higher position over the years among the Houston YMCAs?
- And did you know that Mr. Noack proved beyond a doubt that the YMCA affidavits contained blatant lies -- lies submitted to the Court. Yet,...the court simply DISregarded Noack's valid, sworn testimony AND his documented PROOF supporting his case! (- "something rotten in Denmark")
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Your non-profit dollars at work!
click: http://www.chron.com/disp/story.mpl/metropolitan/7202929.html
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Oops! -- It looks like the Houston YMCA is not the only YMCA that has suffered allegations of discrimination.
http://chicagoemploymentattorneysblog.com/2010/02/black-ymca-employees-claim-discrimination.html
Is it contagious, perhaps - maybe due to close workings within the parent org, YMCA of the USA, if the problem & attitude is so apparently widespread, hmm?
And,... http://www.lehighvalleylive.com/easton/index.ssf/2010/04/family_ymca_settles_racial_dis.html
And again -- a church this time! http://blogs.laweekly.com/informer/2010/07/brentwood_ymca_discrimination.php
Then there is the YMCA across the country where a teen camp counselor allegedly had sex with a camper, which seemed to have been found out, but went UNreported -- http://old.news.yahoo.com/s/ap/20110520/ap_on_re_us/us_ymca_rape_lawsuit . Sounds like more cover-up to save a YMCA's ass! -- Pretend it didn't happen or simply that you don't believe it...and don't report it hoping it will all go away. How convenient, but not for the girl, as she got pregnant.
Ahhhh, but these sites don't prove anything, do they? -- Surely discrimination & cronyism couldn't happen in Houston, right? And all the evidence & sworn testimony & emails that just somehow seem to be overlooked by the courts....and the proven lies in affidavit testimony, etc., etc. without so much as a slap on the wrist -- surely all that means nothing in Houston. -- C'mon, people, wake up!
That's even a WHITE man doing the Houston lawsuit -- and with email evidence, documented proof of perjury, and more, it seems!
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ARE FEDERAL JUDGES IMMUNE FROM PROBLEMS?
ARE THEY ACCOUNTABLE OR CREDIBLE ?
Some interesting scenarios, below!
Judge Kent didn't seem to be -- and was among those at the Southern District court in the Houston/Galveston area where Noack's case was first booted from. WOW! - How'd you like to have your case under that?!
http://www.texasmonthly.com/preview/2009-12-01/feature4
http://timelines.com/topics/federal-judge
But judges are honest & don't lie, right?
http://www.ohio.com/news/break_news/118380969.html
https://www.youtube.com/watch?v=27BpMtBP-2Q
And a fed judge possibly taking payoffs & lying under oath in New Orleans?
-- who'da thought?!
Of course, sometimes fed judges elsewhere seem a bit "off", too!
http://www.ajc.com/news/atlanta/federal-judge-charged-with-658597.html
http://www.chron.com/disp/story.mpl/ap/nation/7561056.html
Oh, and there was a certain 5th Circuit judge that kinda seemed creepy: http://lubbockonline.com/stories/110298/LD0631.shtml .
BTW, the 5th Circuit Court of Appeals is where Noack's case last got booted from.
Lol, what is that saying about "You can tell a person by the company they keep" -- or something like that? Oh, and another about "birds of a feather flock together". So, is there more, hidden corruption we don't yet see?
In Noack's case, I'd be inclined to say, "You betcha, pardner!"
Want some more? -- Well, just for grins, lol,...
In that last site, you can see the statement, "...Judge Delaughter accepted a secret, ex parte communication from the Scruggs legal team, essentially reversing his earlier ruling, and accepting, almost verbatim, a scheduling order favorable to Scruggs..." That is interesting to notice, as documents in Noack's case seem to show that the courts took liberal use of the verbatim words of the YMCA's case to make its own statements...even when those words were quite erroneous statements (that twisted or misrepresented actual facts in attempts at legal maneuvers & gain, but would be quite clearly known to be incorrect to a truly objective judge familiar with the case personally, as ought to have been the case).
However,....the judges in Noack's case clearly showed themselves unfamiliar with case facts. This included an admission by one judge that she didn't know who one of the main persons involved in the case was. Add to that the fact sworn testimony of acts of blatant wrongdoing like repeated, in-office, physical assaults plus other important facts, data & allegations were ignored by the courts & downplayed as if non-existent, and we see an apparent "full tilt" rather than an unbiased court, in Noack vs YMCA. NOT GOOD!!
However,...the judges in Noack's case clearly showed they were not familiar with the case & the facts. this even included an admission by one judge that she didn't know who one of the main persons involved was.) Add to that the fact sworn testimony of acts of blatant wrongdoing and other important facts, data & allegations were ignored by the courts & downplayed as if non-existent, and we see a definite tilting & apparent corruption of the required unbiased nature that a court should have.
Finally, please, DO NOT see THIS site (below) if you have a heart problem, lol!!! http://www.nancyswan.com/interests/judicial-reform/news
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PostScript -- Looking at the information in these matters & in conversations with Mr. Noack, it seems quite evident the man is sincere. I think the evidence seems to also back that up. I am surprised that the community has not arisen against the injustices that seem to have been done against the man. I guess people are scared. I would also guess maybe the YMCA is scared, too, as I would not normally expect so much poor behavior uncharacteristic of a "Christian" organization as seems to be evident in the papers filed & evidence available. -- I am furthermore utter appalled at the apparent "lapses" in the integrity of our judicial system & wonder why have I not seen this in the news yet? Maybe it has to do with legal matters of some sort...or not. I did find Mr. Noack to seem quite genuine, and I have little doubt that he was a better employee than the YMCA ever deserved to have...and that the community & youths he served are probably not as well off without him in the work he was doing. Sad casualties all. I can also say that I have seen documents with my own eyes that have proven to me beyond a doubt that there has been utterly false testimony given by the YMCA at times...in important things, whether done knowingly or unknowingly by the YMCA, its representatives, or employees, we may never know.
It also seems evident that Noack tried repeatedly to get the YMCA to make things right rather than merely holding a grudge. With his career ruined & apparently having felt the need to cash out his retirement to live on (& still losing his new car when it ran out during the recession),...Noack seemed to think he needed basic restitution & ability to retrain for a new job -- not unreasonable at all I think. However, info gleaned seems to indicate the YMCA really po'd the guy when he was "allegedly" offered about $2k - $5k to simply shut up & go away. That probably was not even enough "compensation" that he could allow himself to take it and would seem to be a slap in the face considering all the harms done.
Since courts require an estimation of damages, I can just imagine Noack's estimation -- if it included each matter individually & perhaps maximum allotted claims values & penalties -- might get rather steep, somewhat, although nothing pricey compared to some notable & outrageous court awards in recent years. That is,...if Noack was so inclined to respond in a polar direction as many people might. While I think Noack was willing to go to arbitration or mediation, and the court had indeed, as standard practice, ordered mediation,...the YMCA seems to have filed for summary judgment before both mediation AND before completing
some court-ordered evidence disclosures. The full extent of disclosure never happened, and the court refused to enforce its orders or penalize the YMCA and refused to give any reason "why". (hmm.) Interestingly, that very YMCA act of disobeying court orders to disclose evidence is, itself, grounds for a court to order a default judgment in Noack's favor. That point was something argued by Noack, also. Instead,...they put him out entirely.
Additionally, Noack seems to have demonstrated so much evidence & Law in his favor that I cannot see how the Courts could have put him out at the summary judgment stage, where Law stipulates that everything has to be considered in his best light. With the lack of valid, court-admissible evidence to support the YMCA & the abundance of Noack's evidence, plus sworn testimony, emails, etc.,...I cannot help but think there is corruption in the courts in this case - it stinks badly and should be looked into by someone of authority & real integrity.
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