Former executive director and independent contractor of ACVOW and plaintiff in the case, David Michael Maiolo claimed that ACVOW violated their agreement by willingly withholding compensation earned and doing so without notice, warning or explanation.

It is also noteworthy that Bill Rider, president and co-founder of ACVOW, had the opportunity to settle the dispute through arbitration, which according to a court official, would have kept the judgment from becoming public record. It is unclear why Bill Rider chose to proceed with a court hearing rather than settle through arbitration, which could have protected the reputation of his organiztion. A judgment can have a negative impact on an organization’s ability to raise capital through contributions and grants.

The Plaintiff claimed, and indeed had shown evidence in the hearing, that many attempts were made to settle this dispute outside of the courtroom. The judge heard both sides and rendered his judgment on 8/16/2011 in favor of the Plaintiff.

ACVOW has generated the majority of its revenue from a federal grant facilitated by SAMHSA, the Substance Abuse and Mental Health Services Administration. The terms of the grant strictly forbid any funds be used for fundraising and most other non-programs related activities. Since fundraising and administration was among the many duties performed by the Independent Contractor, ACVOW likely would not have been permitted to use the federal grant money to pay its judgement.

ACVOW was ordered to pay the Plaintiff $2362.49 and an additional $95 in court costs.

Details of the case can be found at the Superior Court of California, San Diego County website. See register of Actions at https://roa.sdcourt.ca.gov/roa/.
Case #: 00004352
Legacy Case #: 37-2011-00004352-sc-sc-ctl
Date Filed: 07/05/2011
Case Category: Small Claims
Date Filed: 07/05/2011
Case Status: Post Judgment
Location: Central
Department: KM-1

ACVOW chose to pay the Plaintiff through the court on 10/13/2011.