Elder body removed – Watchtower letter

by Marvin Shilmer 75 Replies latest jw friends

  • traveb
    traveb

    Thanks for posting this. I live in the area (Silicon Valley) but hadn't heard about it until I saw this post. I actually recognize the names of some of the elders who were deleted, I think they have given talks in my congregation before.

    I skimmed the Court documents and agree with the summaries presented in this thread. It seems the trouble started when the CO wanted to merge the two congregations (Menlo Park & South Redwood City) and the elder body declined. This of course pissed off the CO who then got the DO and Branch involved.

    This really goes to show how little control the local elder bodies ultimately have. The WTS likes to pretend when it's convenient that local elders are "independent agents" and that they're not responsible when elders do something wrong (like shielding child molesters). This case proves that's defintely not true. The CO, DO, and Branch pull all the strings. I feel really bad for sincere elders who are just trying to do what's best for the people in their congregation.

    Regarding these two congregations being merged, I think this is also an interesting topic. "Merge" is just a nicer way of saying that a congregation is being dissolved due to low numbers. I don't know about other areas, but many of the English congregations around here have lost a lot of publishers. I can think of 7-8 congregations off the top of my head in the immediate area that have been dissolved in the last 10-15 years.

  • Paralipomenon
    Paralipomenon

    Will be interesting to see if this sets a legal precedent. If an autonomous entity can be disolved by the WTS without the vote of the congregation, that blurs the legal line and may be used as a means to create legal liability.

  • DesirousOfChange
    DesirousOfChange

    Will be interesting to see if this sets a legal precedent. If an autonomous entity can be disolved by the WTS without the vote of the congregation, that blurs the legal line and may be used as a means to create legal liability.

    I too was under the impression that the Society claims no liability in any "local" congregation issues based on their statement that every congregation is autonomous. Thus, if a congregation elder is guilty of molestation, and even if it is ignored by the local elders, the Society cannot be drawn in as a defendant in any legal action.

    With the Menlo Park case, it appears they would be losing the basis for claiming congregations are autonomous, and opening themselves up to being added to any litigation that might come against any congregation. After all, attorneys are always interested in going after the deepest pockets.

  • JW GoneBad
    JW GoneBad

    Interesting thread: Anyone know how many Elders (was 2, 6 or ?) that were deleted from the Menlo Park Congregation?

  • Billy the Ex-Bethelite
    Billy the Ex-Bethelite

    Interesting. There were about three congregations disbanded/merged in the local circuit, with the sale of three Halls. I'm not sure of where the proceeds went for that. I expected that a couple more would follow, but that hasn't happened. I wonder if this case has caused Legal to put the breaks on the money-grab?

  • Mad Sweeney
    Mad Sweeney

    JW Gone Bad, four elders (the entire body) were removed from the Menlo Park congregation.

    Below is a partial/edited transcript from the June 11 Cult Free Radio show where I tried to summarize the situation:

    Some time from late 2008 and throughout 2009, the circuit overseer that manages the Menlo Park and Redwood South congregations in California, named Koehler, began pushing the Menlo Park body of elders in several ways. One thing he wanted was for them to accept an overhaul renovation plan for their Kingdom Hall – but they, owning their own Kingdom Hall outright, wanted to simply maintain the Hall as-is.

    Another thing he wanted was to merge the Redwood South congregation with Menlo Park. It isn’t clear when this came up, but it seems logical that with his cousin as an elder in Redwood South, bringing him and his friends over into the Menlo Park congregation could sway the vote enough to get the remodeling project he wanted passed.

    Another move he made is less clear but their reaction to it shows the kindness and pure motive of the Menlo Park body of elders. Circuit Overseer Koehler attempted to pressure a sister from Menlo Park to change congregations and attend the congregation of Santa Rosa, apparently just because her job was nearer to that Kingdom Hall. When she tried to refuse and exercise her constitutional right to worship where she pleased, the Menlo Park body of elders supported her. I have been told that around this same time, the Menlo Park body of elders wrote a letter to the Watchtower Branch office outlining the oppressive and abusive manner Circuit Overseer Koehler had been conducting himself. As anyone who has ever been a Jehovah’s Witness knows, the chain of command is sacrosanct in the organization. I once criticized my local elders and was told that by doing that I was challenging the authority of Jesus Christ himself. And we don’t have to imagine the response of the Watchtower Society to this local body of elders criticizing one of their middle managers. The court documents lay it out for us loud and clear.

    In February of 2010, the District Overseer was sent along with the Circuit Overseer to Menlo Park. They met with the body of elders there and after that meeting, they recommended the removal of the entire body.

    A few months later, the elders in Menlo Park received a letter dated May 24, 2010 from the “Christian Congregation of Jehovah’s Witnesses” telling them about the “report” they received on March 9 from the CO and DO meeting recommending their removal as elders. The letter states in part:

    “As you are aware, the circuit overseer and the district overseer have recommended your deletion as elders. After careful and prayerful consideration of this matter, we agree with those who have taken the difficult position that you are not qualified to serve as elders. Your deletion as elders will be effective July 1, 2010.

    Obviously, your deletion as elders will be a disappointment to you. However, there is still much you can do to be an encouragement to the congregation. Your whole-souled service to Jehovah is not dependent on an appointment in the congregation. The greatest privilege any human can have is sharing in the sanctification of Jehovah’s name and declaring the good news of God’s Kingdom. Therefore, do not let this turn of events overly discourage you or stumble you. We can learn a lesson from the steward of King Hezekiah named Shebnah. Though dismissed from serving as a steward, Shebnah was allowed to continue in the king’s service as a secretary to his replacement. Thus, even though we are removed from a position of responsibility in Jehovah’s organization for some reason, should we not continue to serve God in whatever capacity he permits?”

    This stuff is truly offensive and it is amazing to me that these four brothers took it like men and have remained a part of the cult after experiencing such treatment. “Should we not continue to serve God in whatever capacity HE permits?” the letter asks. As if the decision to remove these men was made by God himself. Talk about hubris and putting on airs for themselves. What is worse, nobody ever signs these letters and this one is no exception. It is signed with a stamp that just says “Christian Congregation of Jehovah’s Witnesses.” There is a code that indicates to those internal to the organization who in the Branch office wrote, stamped, and sent it out, but those receiving it are only told it comes from GOD through his organization.

    Those guys had to know this was total baloney.

    The letter goes on to explain that the Redwood City South congregation is dissolving and their group of Jehovah’s Witnesses is going to join the Menlo Park congregation. The Redwood South elders will be reappointed to be elders of the Menlo Park congregation starting on July 1, the same date the current elders were scheduled to be deleted. In addition, three of the Redwood South elders, including the CO’s cousin, Ernest Brede, the new Coordinator of the Body of Elders – no coincidence there I’m sure - were to start attending Menlo Park immediately, quote, “to provide assistance during the transition period.”

    As if these brothers who had run the congregation just fine for decades now need help during the final month of their tenure.

    The way the letter closes is particularly painful, and illustrates just how completely callous and out of touch with the reality of life your everyday Jehovah’s Witness lives the organization in Brooklyn truly is:

    It says:

    “We desire that you continue to find joy in making your valuable contribution to the Kingdom work by your zealous activity in the Christian ministry. We are confident that Jehovah will bless you for doing so. We sincerely pray that you will qualify again for extra privileges of service sometime in the future. Please accept our warm Christian love and best wishes. Your brothers, Christian Congregation of Jehovah’s Witnesses.”

    In other words, “Don’t think this absolves you of your obligation to go out in serve us, gentlemen. And by the way, don’t hold your breath about ever being elders again. It’s over. ‘Forget it Jake. It’s Chinatown.’”

    But Jonathan Cobb Sr. and Arlen St.Clair aren’t J.J. Gittes, and they weren’t about to let themselves be walked all over, their congregation taken over, and their Kingdom Hall be stolen without a fight. Even though the odds are long that you can ever beat ‘the man’ and find real justice, good people like the Cobbs and St. Clair still strive to find it.

    So, having asked the Watchtower organization for help and protection against this thug C.O. and getting removed from their positions in response, these brothers did the only thing left in their power to do to obtain justice: file suit in federal court.

    The various documents in the suit end up totaling hundreds of pages, so to summarize what the suit is about, here is the short version:

    As discussed on the previous Cult Free Radio, religions are structured either hierarchically – with the parent organization owning everything, their representatives priests and ministers basically employees, and the parishioners pretty much just observers and money donors, or they are structured congregationally – with each local congregation owning their own property, supplying their own local ministers from among their own parishioners, and with the parent organization mainly providing coordination services, advice, and sometimes helping to combine the efforts of several congregations in a sort of economy of scale type of way.

    Well, Jehovah’s Witnesses have been structured congregationally throughout history in order to shield the Watchtower Society and the other national and international-level corporate bodies from liability that arises based on things that happen locally. Because of this, local congregations OWN their OWN Kingdom Halls and in most states are incorporated legal entities with their own body of elders as the legal officers of the corporation. There is NO LEGAL CONNECTION between the local congregation’s corporation and the Christian Congregation of Jehovah’s Witnesses Incorporated or the Watchtower Society of Pennsylvania or New York, Incorporated.

    The Jehovah’s Witnesses Branch office can appoint or remove elders.

    It can NOT appoint or remove corporate officers from a local congregation. ONLY the vote of the local congregation or its body of elders, in accord with the laws of the state in which it resides and the articles and bylaws filed with the state corporation commission, can make changes to the corporate officers or the corporate charter, articles, and bylaws in ANY way.

    But what the elders that came over from Redwood City South congregation did is take over as officers of the Menlo Park congregation’s legal corporation, bank accounts, and deed to the Kingdom Hall itself. They are so gutsy in this that they did some of this months AFTER the original suit was filed and the plaintiffs had to amend the suit to add on the continued crimes they are alleging these corporate goons are still committing.

    One ray of hope remains in this, and that is that former elder and CEO of the corporation Jason Cobb was able to get one of the congregation bank accounts frozen, so that the Borg cannot get their hands on those assets at least until the court case is over.

    The defendants have given their initial answers to the court’s questions and the plaintiffs are scheduled to be deposed next week.

    The biggest challenge for the plaintiffs is that they have no attorney, and as most of us know, the Watchtower has dozens, if not hundreds, of attorneys both in Bethel and around the world. The defendant’s lawyer is a Jehovah’s Witness, and his main defense is that this is a religious matter and as such is out of the jurisdiction of the courts.

    The plaintiffs, the elders who were kicked out at Menlo Park, not having an attorney but rather simply a legal advisor with what appears to be a solid knowledge of court paperwork, do not have anyone to argue their case for them or really advise them professionally as to the best way to pursue this case.

    I have very little hope for them and if they lose the case, it is likely that they will not only be disfellowshipped, but they will be saddled with court costs and the attorney fees of the defendants, which no doubt will be exorbitant and the maximum allowed by law.

    Brothers, if you are listening, God would not allow such things to be done by his organization. Faith in God is one thing. Faith in a clearly flawed man-made organization that puts the bottom line dollar before both God and men is foolhardy. No offense. I’m with you in this suit but what if you win?

    Do you walk back into Menlo Park congregation vindicated? I don’t see it happening. They WILL disfellowship you, win or lose. The only reason they haven’t done it already – and they could, you know, for brazen conduct – is that they do not want their horrible shunning policy to make them look any crueler in court than they’re already going to look.

    I hate to be the voice of negativity. I do hope you win because maybe it will force a change in the way the Watchtower does things, and prevents them from doing the same thing to other bodies of elders and congregations in the future. But I don’t see you four brothers ever getting justice from the organization no matter what the court decides. I’m sorry this happened to you and I hope you get justice from the courts, at least.

    You can hear the entire show (it is #004 from 6/11/11) by going here: http://www.ustream.tv/user/MadSweeney/videos

    And to hear a more in-depth discussion of the Menlo Park situation, listen to show #003 from May 28 at the same address.

    You can also read all about this at http://www.ex-JW.com . If it wasn't for that site and John, the editor there, I wouldn't have known anything about the Menlo Park case. Kudos to him for his continued work on this.

  • Snoozy
    Snoozy

    Great thread and interesting observations..

    My 2 comments are Re:

    1) A review of organizational policy and directives clearly establishes that there is no basis for disciplinary action in this particular case as congregation members are free to choose for themselves which congregation they will formally join and attend based on their individual circumstances.

    This brought back memories..they always discouraged us from going to other congregations. If we did we had to have a pretty good excuse why. They made you feel like you were being disloyal to Jehovah if you strayed..made you feel pretty uncomfortable if you did. No disciplinary action but I bet if it were doe a few times we would hear something from them ..

    2) Interesting point about each congregation supposed to be "On their own" and yet their decisions regarding their congregation were dismissed. I too can see this opening a whole can of worms regarding future lawsuits..A good thing right?

    Snoozy

  • Devil_Fish
    Devil_Fish

    Clearing up a few issues.

    The real reason the elder body was removed is because they refused a remodle. The loan on the MP KH was granted by a private individual, thus WTS had no lean on the property ever. The loan was paid in full in 2009 and the property now worth $2.2 Million was owned free and clear by an independant California Corporation called The Menlo Park Congregation of Jehovah's Witnesses Inc. This Corporation was formed with out by-laws and as such the local corporate laws apply. The WTS has no more right to take over this independant corporation then they do Saint Mary's Cathedral in San Francisco.

    $2.2 Million is to tempting for the WTS so they devised a plan to get it:

    1. Give the Menlo Park Congregation of Jehovah's Witnesses Inc. a Loan to do a remodle with the stipulation that the WTS be placed on the deed as lean houlder.

    2. Remodle the MP KH

    3. Have the local congregants pay off the loan.

    4. Merge the MP congregation with another congregation.

    5. Sell the MP KH and pocket $2.2 Million

    Small problem:

    Local Elders/Corporate Officers of Menlo Park Congregation of Jehovah's Witnesses Inc. Do not agree to remodle, and refuse the loan.

    Solution:

    Remove and Replace Local Elders.

    Snag:

    There is no requirement under California law for the Officers of an independant Corporation to also be JW Elders. Therefore Wile you can remove them as elders, you can not legally remove them from their posisions on the corporation.

    And this drama continues. There are more fire works then I can talk about here. WTS if your reading this, and especially you Don Adams, Your about to get your ass handed to you.

    D_F

  • Quendi
    Quendi

    The synopsis Devil_Fish gives is my understanding of this entire sorry affair. The Menlo Park congregation had ownership and title to a building and property that were worth millions--far more than it had paid for it originally. The "remodel" would simply have been a smokescreen to force the congregation to borrow money from the WTS, which then would have had its name put on the title deed enabling it to sell the land and building for a tremendous profit. The proceeds from the sale would not have been reinvested in the local community but instead would have been spirited off to Brooklyn to fill the coffers of the WTS. This was the kind of deal that a Pharisee would have loved.

    Now the entire matter is in court. The WTS has high-powered lawyers working in its interests; the deleted elders have none. I don't know where the case stands now, but I wouldn't bet against the Society in this one. Of course, we all know what a loving, generous, and open-hearted organization the WTS is. It would never betray or backstab anyone, let alone loyal Witnesses. Situations like this, however, will go unnoticed by the rank-and-file. You can be sure it won't be discussed in a Service Meeting part or Watchtower study. The day of reckoning for these cold-hearted, money-loving hypocrites can't come soon enough!

    Quendi

  • Hairyhegoat
    Hairyhegoat

    OMG !

    Another example of this is Kingshurst congregation hall that did not needed revamp, Kingsghurst congregation in the West Midlands circut Birmingham UK. The hall was just all payed for and all of a sudden it needed a complete rebuild even though it was less than 25 years old They owned the hall and the land with it but were fooled into taking another £66k loan out with the WTBTS in the UK for a complete rebuild despite falling numbers at every meeting and a lack of elders taking the lead. What fools they are to sign away their hall to the WT

    HHG

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