YMCA YMCA of Greater Houston Area; defamation; career ruined; destroyed; discrimination; gender bias; racial bias; false testimony; obstruction of justice; unnotarized affidavits; retaliation; unpaid overtime; scandal; Internet
Wake up America! - Is THIS kind of stuff really ALLOWED here?!
The legal case by a poor man without any attorney is Noack v. YMCA and is now in the Fifth Circuit Court of Appeals.
The man is impoverished and has been living in a tent for over 2 years now, his career ruined, car repossessed, and having lost his job of over 8 1/2 years at one of the biggest YMCAs around and having had to cash in his retirement fund simply to live on.
Mr. Noack has apparently opposed corruption in a very popular organization, and a "Christian" organization at that! According to facts gleaned, it appears that Noack had been refused a position due to being simply a male (in childcare work), as well as put out of a position apparently due to being male. This latter was denied by a YMCA worker who reportedly claimed (in an unnotarized affidavit) that she never was able to do that, stating she could have & was not his supervisor at the time; yet, Noack seems to have come up with the actual promotion documents of the time...with her signature on them! What did the U.S. District Court think of it? Apparently no problem...even in allowing hearsay evidence, as unnotarized affidavit testimony is NOT LEGAL in court! - Amazing!!
What else? Well, it seems that notarized affidavits -- the only ones present as evidence in the case -- show that Noack was repeatedly subjected to continuing ridicule & abuses, including multiple physical assaults in the office in front of coworkers! The poor man seems to have suffered YEARS of reverse gender-discrmination in a females-dominated workplace, unable to do anything about it apparently due to persons of power who knew other such persons...quite personally (outside of work & at church). At one point, Noack, he became a fulltime employee, was forced to take a massive paycut one summer, losing about $900 due to no fault of his own.
The man also seems to have been ordered, twice, to NOT hire too many blacks and to keep them separated among his multiple state-licensed, afterschool childcare sites with the YMCA, namely associated with Cypress Creek YMCA, Houston, TX, a large YMCA in a rather wealthy, traditionally white neighborhood. Noack had been hiring students of a traditionally black college, Prairie View A&M University to work at sites near that university, many of those staff studying to become teachers, social workers, etc. Noack also contends in his lawsuit that he was also told to not hire too many men and to keep the men separated, as well. Now, people, this is an outrage in modern America!
What's more? -- Noack seems to have indicated that he and coworkers had been compelled to work many hours of unpaid overtime, for YEARS, and that when he refused to continue working free overtime and refused to do discrimination, and spilled the news about the assaults, harassments, etc.,...that he was quickly threatened with termination and he and coworkers were ordered to never write any overtime on their timesheets -- only straight hours -- regardless of what hours they actually worked! No, I am NOT making this up! Noack appears to have soon been written up for overtime worked which seems to have been necessary in order to keep up both YMCA AND State of Texas childcare policies, including involving solitary supervision of children such as ADHD and another special needs child and the need to investigate a report of a child admitting to parental physical abuse at home! -- Documents in that of course show also that the man was apparently being forced by his superiors to work ALL ALONE with children, which seems to be against the YMCA's own policy. Poor Noack I suppose had to just hold in his pee for hours on end, day after day, week after week, while, according to sources, having to work his job plus two unfilled part-time staff positions within 40 hours...or face possible disciplinary action, perhaps including termination.
The info coming in seems to show that state-required documentation was secretly taken (stolen?) at one of his afterschool sites...by a superior and her office friends and never returned to him, placing him at risk with state licensing officials. Other deeds seem to have taken place as well, but there is more. As Noack pursued his legal case himself, too poor for an attorney, he ran into apparent corruption elsewhere. Noack appears to have been able to prove that the YMCA gave false testimony to the labor board, and the labor investigation was then simply dropped, with what looks like a complete failure of the govt to ever question the witnesses involved. Noack has proven in District Court that while the YMCA denied ever knowing of him having any problems in all his years at the YMCA, they acually had been in contact with him multiple times about problems and had done a so-called "internal investigation".
Noack even seems to have proven the YMCA continually withheld evidence for months beyond the federally-required time-constraints involved, at one point claiming to have provided over 85 pages of evidence, showing as proof to him and the court his signature on a mail receipt. Well, Noack proved that the signature was for a simple letter envelope which could not likely hold the total of 85-90 pages or so supposedly mailed. The man also apparently proved in District Court in Houston that the YMCA sent some evidence required by Court order...in an encryption-encoded CD innaccessible to Noack. With some information showing apparent racial and gender discrimination in practice, evidence for one black coworker was withheld, against Court orders, with no apparent reverberations from the magistrate, Judge Nancy Johnson, who simply refused to compel the YMCA to follow her previous orders and without any reason for this lack of enforcement, it seems.
The case here gets better yet, people, as Noack's case got the boot from District Court contrary to the facts, evidence, Law & legal precedents involved with such things! It was never a problem with Judge Johnson that she had allows illegal hearsay -- unnotarized affidavits, abuot the only evidence (so-called) for the YMCA in this case, the other being the YMCA deposition of Noack. Yet, there, Noack claims that was an illegal deposition, as in a deposition there must be cross-examination like in a trial, which was not permitted nor was he permitted to offer his own statements at the time. Hmmm,...does this mean that the YMCA had absolutely NO evidence to oppose Noack's claims? Legally, that seems exactly the case, yet the lower court lent its power to run him out of court and apparently defraud him of even a chance at justice in a court trial. THAT sounds lighty fishy, America!
Oh, and it gets even worse! Yes, indeed! You see,...Noack filed an appeal. When he appealed to the Fifth Circuit Court in New Orleans, he asked the lower Court for transcripts of his hearings at govt expense, which that Court then asked him to give sufficient reasons for his request being worthy. As a pro se litigant (self-litigating with no legal training), Noack divulged his reasons why he felt he needed those transcripts. Lol,...his request was denied, and contrary to actual Law, one Judge Miller simply kicked his request out of District Court, although Law indicates a District courtdoes have authority to grant such a request. So, Noack made his request to the appealate court, and the District Court submitted. Noack claim, however, that the transcripts HAVE BEEN TAMPERED WITH, and EVIDENCE DELETED, which is highly unlawful, but the Appeals Court has so far refused to regard his pleadings for accurate transcripts, although he was at each hearing and provided sworn affidavit testimony that the transcripts have been altered and things deleted from them.
SOOO, is OUR judicial system totally corrupted now? WHY have we not heard of any of this in the news, especially since Obama is President now? It has been found that at least one newspaper editor contacted has been on a YMCA board of directors. Are there more? There are well over 30 YMCA branches in the Houston area, each apparently with a BOD, perhaps made up of many community leaders. Does this mean that they are too powerful for justice or the media? One interesting fact seems to be that Clark Baker, the Houston Area YMCA CEO, is reportedly one of the top-paid nonprofit CEOs in the nation! So, does the YMCA rob their employees of due overtime simply to turn around and feather the nest of elite YMCA officials? You figure it out. It may be that nobody else will, as this mess which has the potential for a national media frenzy, seems to have gone missing from all news sources completely. Obama wants change? How about starting with this kind of stuff, or is someone who seems (by name) to perhaps not be a black man, not black enough? Is THAT the problem here, while he has lost ALL for blacks due to his integrity? That would seem only to prove that unfairness is not only found at work and in the courts...but also in society of all races and classes of people now, doesn't it? Meanwhile, the poor man who dared to care is living unemployed, in of all places, a simple tent (summer and winter), in one of the richest nations in the world.
5 Updates & Rebuttals
Empathy & Hope
#6Author of original report
Wed, August 03, 2016
Sorry to see someone else got stung by the evils & cronyism going on apparently.
It seems to extend into media & politics, and more. The roots of complicity & fear run deep.
However, in the situation of the Noack case, there is no statute of limitations on Fraud on the Court. When the truth comes out, however long that takes, the case must by Law return to court for the proper legal process and a jury trial. IMO, the entire criminal conspiracy in the courts in his case was to prevent a jury from seeing all the evidence, which including damaging emails showing Mr Noack refusing to practice illegal discrimination against African-Americans and the employer playing things off with an excuse which the EEOC regulations say is illegal discrimination, period. The judges knew that, actually, and excused it, which makes the judicial crimes by the courts probably much worse than the crimes by the Houston YMCA people. Abuse of Power Under Color of Law is a heinous felony, as is willfully using perjurous testimony, aiding & abetting, and Conspiracy Against Rights (conspiring to prevent or annul someone's constitutional rights). The latter can be seen mentioned with links at the homepage on a site showing some info on Mr. Noack's case, http://SupremelyUnjust.Weebly.com.
There is another website showing some of the documented proof of no investigation by labor officials and court documents proving the perjury to the labor board and in testimony used in court by the Houston YMCA. Oddly, all the YMCA testimony is totally without any notary markers or signatures of any notary official whatsoever. Not too sure how that was allowed in a court in America, but then they used perjury and gave it preferential treatment and ignored all those other documents, too, so it is basically a kangaroo court scenario. People need to wise up to our corrupted system. That other website is linked to the first I think: http://StillsupremelyUnjust.Yolasite.com. It also shows documents indicating the U.S. Dept. of Justice has known of these crimes by judges in the Noack case for some time already, apparently without doing anything even though the proof of felonies is now online. Simply disgusting, and the documents on some pages bear court coding proving it is a legitimate case of judicial abuse.
One page that could help you is this one detailing numerous likely violations of Law in his case by those who appear to have conspired against him. See http://stillsupremelyunjust.yolasite.com/what-crimes.php. It looks like someone really did some homework on that one. Maybe some of the items listed can help in your case. Still, it could be tough finding a lawyer to represent you unless you have decent money. I understand that Mr Noack had secured a big legal firm to help him at one point and after signing papers for that, the law firm later backed out. The problems of EEOC corruption in favor of employers and judicial corruption need to be addressed in America. If I were you, I think you should make yourself willing to be very willing to grant any lawyer a significant portion of whatever might be gained in filing such a suit for you. They will be attacking against the grain and placed at risk and maybe therefore hesitant about taking on such a case.
Tim Williams
Houston,Texas,
USA
Noack vs. Greater Houston Ymca
#6Consumer Comment
Tue, August 02, 2016
Correction: #1 Consumer Complaint meant to state "Noack vs. Greater Houston Ymca" not "Nock vs. Greater Houston Ymca. Correction : #1 Consumer Complaint referenced the name " Mr. Novack" throughout his story but intended to reference the name "Mr. Noack" instead.
Tim Williams
Houston,Texas,
USA
Nock vs. Greater Houston Ymca
#6Consumer Comment
Tue, August 02, 2016
I am currently facing the same experience as the case Novack v. Greater Houston Ymca. My heart goes out to Mr. Novack and I know my story could be very beneficial to his purpose but looking at the date I maybe too late. Unlike Mr. Novack I'm going up against three of the most powerful organizations in Texas, The Greater Houston Ymca, Houston Independent School District, and Texas Children's Hospital. I actually had on paper a legal suit and it suddenly disappeared.
One of the Attorneys(In the Matter of L. Mickele Daniels) that was involved on my behalf is no longer allowed to practice law in Texas, and is possibly facing jail time for a third degree felony. I was also able to make with Mr. Andy Cerota with news 2 houston, he requested some information on 2 occasions and after the second request was filled via email I never heard from him again. Remembering a point that was indicated in Mr. Novack's story that mentioned the relationship between the YMCA and certain Media outlets maybe having positions on the board of the YMCA.
I am actually the person responsible for Clark Baker retiring basically without much praise or attention which is very rare for a person who has invested 50 years in the greater houston ymca. The emails I have points to probably one of the sickest cases of Abuse of Authority , Conspiracy, Racism, and Fraud. These three Organizations conspired to cover up the truth about a head a groin injury my 13 year old son sustained while in the Club Med ymca after school program located at Pershing middle school(HISD). At the time of the injury the YMCA did not have a permit to operate the program.
It took four years to find out this information which also led to the discovery of the medical records that contains fraudulent information. The records are in the possession of Texas Children's Hospital, and they have refused to allow me to edit those records to reflect the truth. This prevented me from legally pursuing the issue, prevented investigations by both the media and CPS. Did you also notice that Hisd Superintendent Terry Grier Retired exactly almost a year( 03/16) after Clark Baker (03/15) it's not coincidental. Both should have been indicated on federal Conspiracy charges , and it's still time.
William
Tomball,Texas,
U.S.A.
Correction / UPDATE
#6Author of original report
Tue, September 20, 2011
It seems that there is a legal allowance for affidavits to be filed without the (otherwise) required notarization - at least according to the 5th Circuit Court of Appeals, which gave the reasoning for permitting unnotarized YMCA affidavits as evidence.
Oddly, however, the same court did not seem to take issue with the proven fact of perjury by the YMCA in one of more of such affidavit testimony as well as documented evidence of perjury to the labor board! Other matters also seemed to simply be glossed over & major issues & facts disregarded, as if nothing.
This presents big problems which Noack seems to be addressing in his Petition for a Writ of Certiorari to the U.S. supreme Court currently (Sept., 2011). Noack has shown that his sworn testimony cannot be casually dismissed in favor of the YMCA's affidavit testimony - affidavits that, again, have been shown to be "inaccurate" in testimony (you are not supposed to say "lies" in legal proceedings, lol). What this means is that, as in other cases, Noack's testimony means something not nothing. So, the judges should not be permitted to run him out of court by choosing sides while ignoring many factual matters, including his own sworn testimony, which support his case. The Law should mandate a trial due to the need of a jury to decide who is & is not telling the truth, since judges cannot make that decision.
However, Noack has also pulled a sort of legal "slitchblade" of sorts to reveal that there is legal permit for the Courts to find in his favor due to the YMCA's obstructive & disobedient behaviors in the case, including refusal to fully comply with Court orders to divulge evidence, attempts to skirt compliance with discovery matters by withholding evidence & sending false testimony & documentation to the District Court about having supposedly sent evidence that it had not sent, and the fact that it sent some (Court-ordered) evidence on encrypted CD even! Wow, this is big, as it turns out that in all of those non-compliances with the Law, the lower court never - not even once - fined, sanctioned, or disciplined the YMCA for its misconducts in any way! Yet, while the evidence was not divulged, the YMCA applied for summary judgement, which the district court quickly approved, despite loads of evidence in Noack's favor.
Furthermore, the lower courts seem to have repeatedly refused to acknowledge the implications of Noack's email evidence & other documented facts which do show plainly, as admitted by the 5th Circuit Court, that Noack's boss was responding to his complaints about his being (apparently) ordered to discriminate in hiring...when she gave an (illegal) reason for why he was told to hire in such a manner. The response was directly related to the prior email by Noack, as the Court recognized; however, the 5th Circuit had refused to admit the ramifications of it. It is direct evidence of guilt, apparently, and the 5th Circuit finds itself in a peculiar situation of admitting the truth on one hand while denying it (in effect) in the same breathe.
Another sad fact shown by Noack to the Supreme Court is that the lower courts had severely downplayed & twisted the events & facts of the case as if to support a ruling contrary to Noack, including the use of outright false statements. It was a whitewash by the lower courts, as Noack has shown to the Supreme Court. In his petition, Noack cites multiple instances of mere assumptions and some outright, blatantly false statements by the Court of Appeals, as shown by court records! Our courts should be held accountable for this horrible miscarriage of justice & corruption! The USA prides itself on NOT being like 3rd world countries with kangaroo courts. This nation prides itself on its judicial system, so it should not entertain such blatant perversion of justice - no, not for a second.
Finally, the lower courts stumbled in a common trap. They broke the 7th Amendment! Now, Noack's no lawyer, but somehow that praying man stumbled on the little-known fact that lots of cases have been getting thrown out of courts all across America contrary to the 7th Amendment guarantee of a trial by jury in civil cases where there is a damage claim of $20 or more. Oh yes, read the Constitution: he's dead-on accurate in that matter. Courts, however, have been using "summary judgment" as a means to lighten up their dockets, as they cast out many, many case by themselves deciding whether they think it merits a jury trial, regardless of that Constitutionally-guaranteed RIGHT. (Or, should I say, "freedom"?)
You see, the founders of America knew something about the freedom from oppression that they wanted to preserve for the people. They knew about being oppressed by govt mandate & troops doing whatever they pleased without the people getting any say in it all. So, they made the 7th Amendment, which these days, lower courts seem to have forgotten all about. So, now we see that the YMCA is officially on the side of govt oppression, apparently!
Jen Frank
Gilroy,California,
United States of America
I know a person that is now living a very similar situation!
#6Consumer Comment
Fri, August 12, 2011
I know a person who is now living a very similar situation after being accused of sexual missconduct by the Centennial Recreation Center YMCA/CRC in Morgan Hill, CA. The fitness director, Rebbeca Boyer, also known as the ironchick on twitter (read from 01/06 to 01/17 2011 on her twitter page) allows very sexual converstions on her twitter page; this ironchick is the accuser. If the case is open, tell the rip off people I am giving them permission for the lawyer of this case to contact me. This rip off site has all my information, and they can give my information to the lawyer. I can connect the lawyer of this case to this person I know.