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Former Trustees of the Summit Lighthouse Study Group of Tuscon Reports a Level of Interference in Local Affairs that Resulted in the Divison of the Tuscon Congregation 1. Letter of March 22, 2004 (distributed to the field) |
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From: Jackie Fleder To: All Keepers of the Flame Sent: Monday, March 22, 2004 1:58 PM Subject: A letter from the former Tucson Summit Lighthouse WARNING TO ALL STUDY GROUPS AND TEACHING CENTERS! WHAT'S HAPPENED TO US CAN HAPPEN TO YOU Dear Keepers of the Flame of the US, Russia and World,
Linda Worobec was so disturbed by what the winter visitor had to say, that she discussed the option of the winter visitor taking over the study group leadership with two other chelas. Linda did not call the President or Board of Trustees of the Tucson group to find out about the other side of the story before she discussed our replacement. In fact Linda did not know any of us and had never talked to us before. The winter visitor then wrote the entire Tucson board and president a letter asking us to step down so she could run the study group, implying she had Church backing. At that point we asked the winter visitor to resign, and we
cancelled our license agreement with the Church. We felt that
Linda Worobec’s mind was already made up, that it was likely the Church
would remove us without a fair hearing, and give the Tucson group and
assets to the winter visitor. Later we tried to negotiate a
new license agreement with the Church, but they were unwilling to
consider our terms. We also found out that the winter visitor
trustee played a part in the breakup of the Chicago Teaching Center as
well.
One of our Trustees, a ministerial student, at that time, who is now a lay minister at the Church, brought a con artist to the study group services and gave out member phone numbers to the con artist. Despite our warnings to the ministerial student, she continued to give out phone numbers so the con artist could ask other members for money. One person was eventually conned out of money. We felt that we could be sued for this trustee’s actions. She had committed several other egregious acts as well. We had also witnessed an accountant in another organization embezzle the group funds and leave the rest of the group without money to pay rent and taxes, etc. Additionally we had read several books on business entities and all stated that partnerships were unwise. Our trustee’s individual financial assets were growing and we did not want these assets at risk. We had liability insurance but trustees can still be sued personally in a partnership association. We decided we should limit our liability through incorporation. All of the trustees agreed we did not have enough people who were committed to the study group to form a teaching center, and thereby incorporate and obtain tax exempt status through the Church's tax exemption. At that time we had about 15 members, but there were only five of us who were really active. At our current rate of growth it would be at least another five to 10 years before we would have enough people to become a Teaching Center. However, if we became a nonprofit corporation under Arizona law we could get our 501c status within a year and contributions would be tax deductible until we grew big enough to become a teaching center. The License Agreement states in section 3.07 THAT THE STUDY GROUP SHALL HAVE THE OPTION TO INCORPORATE…OR OTHERWISE ORGANIZE TO LIMIT ITS LIABILITY, UNDER THE LAWS OF THE JURISDICTION IN WHICH IT IS LOCATED…THE CORPORATE CHARTER SHALL EMBODY SUBSTANTIALLY ALL OF THE PROVISIONS OF THE BYLAWS IN THIS LICENSE AGREEMENT TO THE EXTENT ALLOWABLE UNDER THE LAWS AND JURISDICTION IN WHICH INCORPORATION IS CONTEMPLATED. THE BOARD OF DIRECTORS OF THE MOTHER CHURCH MUST APPROVE OF ANY CHANGES. So, in June of 2002 we began creating articles of incorporation for a nonprofit corporation. We informed the person who was involved with study group relations at that time of our intent and he sent us a copy of the Church-approved template for incorporation. We hired one of the top law firms in Tucson to write the articles of incorporation. Our attorney specialized in incorporating nonprofit religious groups. On his advice we decided to implement the following changes into our incorporation document which differed from the Church template.
Our board decided that it was more important for us to limit our
liability through incorporation than remain a partnership association.
We would have to give up our name, "The Summit Lighthouse Study Group
of Tucson" and the Church license agreement, but we thought that we
could try to negotiate a new charter agreement with the Church so we
could maintain the spiritual relationship if not the license agreement
itself. So we chose the name Sacred Sounds of Heaven in honor of
decrees we do at the study group and the science of the spoken word. Our board members felt that the Church could easily misuse
these clauses and that the Church may have misused these clauses in the
breakup of the Chicago and London Teaching Centers. We could
see no reason for the Church to need this power unless possibly a group
was chartered as a teaching center and shared tax-exempt status with
the Church. We asked the lawyer if he had ever seen this
clause in another church's documents before. He stated he had not.
If we had transferred all the assets of the study group on November 18 into the corporation and began operation as Sacred Sounds of Heaven Inc., then the license agreement would be terminated. It is perfectly within our rights to terminate the license agreement at anytime, because as the lawyer pointed out there is no provision in the license agreement for how the study group was to terminate the agreement. Note: The result of termination of our license is that we could not use the name "The Summit Lighthouse of Tucson." Also we would have to donate any assets that are greater than our liabilities to another 501c(3) organization. Finally the Church could not remove and appoint a new board of trustees and claim assets of the group because the agreement is terminated. Presumably it is courteous to give the Church written
notice of termination, but we did not do so because the license
agreement was still in effect according to our lawyer.
Additionally, we wanted to try to come to a new agreement on chartering
with the Church. It was right after incorporation of Sacred Sounds of Heaven
Inc. that our winter visitor showed up. We have had chelas
from time to time who were winter visitors regularly attend the study
group while they were in Tucson for four months of the year. We thought
she would be good on the board because she was a communicant and had
connections in the church. She told us that she was
disabled and living with her parents, part of the year in
Chicago and part of the year Green Valley, a small community near
Tucson. She didn't have much money and was not contributing much
financially to the study group. Nevertheless, we were happy to have her
participation on the board, and her help in giving services a couple of
times a month. We mentioned to the study group relations
person at the Church that we were considering this person on the board
part of the year. He expressed reservations about that because
she could not fully participate in all discussions. We went ahead and
elected her anyway because we needed more participation on the board
and there were few people to choose from. During the week of December 7 through 13 she called Linda and suggested that what the group had done was so wrong that she and two other chelas could run the study group even though she participated in much of the so-called wrongdoing. On December 14 she gave all board members a letter stating all her concerns, asking us to resign, so she and two other chelas could take over the study group. The winter visitor should have discussed her questions about incorporation with the board and a lawyer. She should have read the license agreement and copyright law. She should have done her homework before calling the minister at the Church. She did not, we believe because she sought to influence the Church into letting her take over the study group. Apparently Linda was so disturbed and misled by what she heard from the winter visitor trustee that she discussed the option of the winter visitor and two other chelas taking over the study group without first hearing the other side of the story from the rest of the Tucson Board of Trustees. In a later conference call on January 6 between the Church and the study group trustees, Linda admitted that she told the winter visitor she could run the study group before Linda talked to us. In effect, Linda was planning to remove us without a fair hearing or any due process. Linda said she was just trying to preserve the study group. She said
she was concerned when she heard we were going to change our name, because that is what the Philippine study
group did before they converted to the Temple of the Presence. In that
situation we understand that the Church managed to keep the assets of
the study group from going to the Temple of the Presence. When the Tucson study group's President finally talked to Linda on the 17th of December, she felt the minister's mind was already made up. We as a board felt we would not get a fair and impartial hearing since the Church followed no due process in similar situations such as Chicago and London. We thought the Church was following the same template in our case. We decided to cancel our license agreement rather than risk being removed and losing our assets and meeting facility. We were also concerned that Linda’s proposed leadership could not pay the balance remaining on our lease, and the ousted trustees would be stuck with the bill since we cosigned the lease and were the major financial supporters of the group. Linda’s response to the canceling our license agreement was that we were "breaking the chain of hierarchy," meaning we would have no sponsorship from the Ascended Masters without the Church? We didn’t understand this argument because we had such a good relationship with the Church in the 10 years we were an unchartered study group. We thought we could have a good relationship with them if we weren’t chartered. Linda also stated we broke the Guru-Chela relationship when we terminated our license agreement. We don’t understand this statement since mother is the only guru. Even if it could be argued that the Church administers for the Guru, they, as administrators have a responsibility to listen to both sides before passing judgment. Later in January we tried to talk to the church business department about modifying the license agreement to suit our study group needs. However that person was unwilling to consider changing any clauses in the license agreement template Edward had put together supposedly under Mother’s oversight. The business department was also unwilling to consider chartering a study group under any other name than The Summit Lighthouse or to make any changes to the license agreement to suit our needs. We did not take our request higher up the chain to the Presidents Office of the Church because we learned that Chicago group also tried to negotiate a new charter/license agreement with the President’s office to no avail. We felt the minister’s and business office’s reaction to our situation simply reflected the policies set by the President’s Office and ministry departments on how to handle study groups and teaching centers. Also we now had the option of working with some of the Chicago community who had separated from the Church.
1) The current Church leadership does not appreciate the contributions of individual study groups or problems faced by the groups and focuses on keeping control of the group leadership and assets. The Church minister, gave no consideration to the good we do as a group before deciding to replace us. Linda was willing to remove us and appoint a new board based on hearsay. In fact Linda did not know us or what we did. She didn’t ask. We had to tell her. We informed Linda and the business office that we tithed to the Church, subscribed to the internet broadcasts, attended conferences on the internet and in person, bought the teachings from the Church, and sold the teachings through our bookstore. We held services at least twice a week, subscribed to the Pearls of Wisdom, Summit University, and Internet Broadcast. We placed Mother’s video on Tucson Public TV twice a week, sent referrals to the Church, and welcomed new members and referrals from the Church into the group. After hearing this the Church minister and business department were still uninterested in addressing our needs’ and considering our proposed changes to a charter agreement. We would have thought the Church would be interested in maintaining a relationship with us at least from a financial point of view because we were a group of loyal customers buying their services. They wanted to see our new articles of incorporation, but they were concerned with how the business office could change the articles so the articles fit the Church template. Also, the business office wanted to find a way to work around the Arizona Corporation Commission so the study group could still use the name "The Summit Lighthouse of Tucson." They asked why we wanted to be incorporated, meaning they didn’t understand the importance of incorporation for study groups? Is there any wonder why the Church is having financial difficulties when this is how they reward their long time financial supporters? 2) The Church leadership did not follow any kind of due process on resolving the disagreement in our study group. They simply were going to appoint the person who said what they wanted to hear. Linda discussed removing us based on one-sided evidence. The Church leadership doesn’t understand the importance of following due process. Do they think they know how to solve study group issues better than the members because they are the Guru and we should just obey? 3) The business office appeared unorganized, and didn’t keep good records. They couldn’t find our license agreement. At one point the business office insisted we were already incorporated under the name The Summit Lighthouse of Tucson and referenced a document signed more than 15 years ago by people we didn’t know. We had to tell them that since we didn’t sign the agreement and the Arizona Corporation Commission didn’t have any record of this corporation, that we were not part of it, and we were not bound by that document. Also we told the Church we wanted to write a proposal to them and explain our situation and the changes we wanted to make to a charter agreement because the legal issues were subtle. Linda and the business office preferred to set up a teleconference and discuss the issues over the phone. They didn’t find it necessary or desirable to wait to study our issues on paper in a professional manner. 4) The Church leadership doesn’t seem to understand the law or their own documents. There were many examples, but we will just give you one. The church license agreement required that any "ASSETS REMAINING AFTER THE PAYMENT OF OR PROVISION OF PAYMENT OF, ALL DEBTS AND LIABILITIES OF THE ORGANIZATION, SHALL BE DISTRIBUTED TO A FUND, FOUNDATION, OR ORGANIZATION AS DESIGNATED BY THE BOARD OF TRUSTEES WHICH IS OPERATED EXCLUSIVELY FOR NONPROFIT PURPOSES AND WHICH HAS ESTABLISHED ITS TAX-EXEMPT STATUS UNDER SECTION 501C (3) OF THE INTERNAL REVENUE CODE." This clause comes from the US internal revenue code as a requirement for tax exempt organizations. Notice that the clause does not say that the assets must be distributed to the Church Universal and Triumphant, but any fund foundation or organization that is tax exempt under 501C(3). When we asked the Church business office about this clause, they said all the assets of the study group belong to the guru because the assets were given as a gift to the guru. Therefore they believe the intent of the clause was to ensure the assets of the group stay within Church licensed groups. If that was the original intent of Edward and the lawyers, then the clause should state that assets could only be donated to Church Universal and Triumphant (which is a 501C(3) and would satisfy IRS requirements). The Church also uses this line of thinking to claim the assets of a group that have turned from the teachings of the Messengers such as the Philippine case. However, anyone is allowed to buy books, tapes, photos and other items form the bookstore. Nobody screens bookstore customers to see if they belong to the right organization. Why shouldn’t groups be allowed to determine what they want to do with the assets they bought and donated as long as they satisfy IRS and license agreement requirements? 5) The Church leadership does not respect the study group’s right of self-determination and Christ discernment. By stepping in without all the facts, removing the board of trustees, and appointing a new board, the Church leadership usurps the study group election process. In many cases this has caused the break up of the study group. In the breakup of other groups, former members claim that the Church leadership picks unqualified individuals who have little experience and do not meet the Church’s own requirements. Apparently these individuals are picked because they say what the Church leadership wants to hear and are not the people who the majority of the members want to follow. So the study group breaks into several smaller groups and many cut their spiritual ties with the Church and the associated body of lightbearers. We certainly experienced this. Worse in our case the Church was planning on giving control of the study group to someone whom both the minister and the business office person later admitted was "a little unbalanced." Our own group split into two groups. Those that the Church planned to put in power started to form their own group, but we hear they are no longer meeting. The remaining group became Sacred Sounds of Heaven Inc., and we are no longer tithing to the Church, subscribing to the internet broadcast, or attending Church-sponsored conferences. The Church leadership doesn’t understand how damaging their actions are to the community and their relationship in the community. The Church is failing in its mission to deliver the teachings to lightbearers by causing the break up of study groups in the field. 6) If a study group or teaching center finds themselves in a situation similar to us, the board of directors can consider terminating the license agreement before the situation becomes critical. Hire a lawyer to review your license agreement. It cost us less than $1000 dollars to get the advice we needed. The clause for donating your assets to any 501c will come into effect when the agreement is terminated. The board in power at the study group or teaching center is responsible for deciding which 501c to donate the assets to when the agreement is canceled. If the church has replaced your board, those people will keep the license agreement with the Church and assets in the organization they now run. If you cancel your license agreement before they remove your board, your board gets to decide where to donate the assets. If the value of the assets is less than the liabilities of the group then you don’t need to donate the assets of the group. However, every situation is different. We are not lawyers. The license agreements may vary for different groups. Hire a lawyer. Understand your license agreement. Protect your group and assets. Our lawyers commented that in their experience Churches are the worst at understanding and applying the law and their own documents because essentially many of the bureaucrats within churches feel they have a divine mandate to interpret situations the way they want to. Other groups who have not signed a license agreement with the Church should think carefully about doing so. Do you really want to give the current Church leadership control of the assets and management of your group for the privileges set forth in the license agreement? These privileges are use of The Summit Lighthouse name, a wholesale book account, referrals of new members, computer printout of membership lists, publication of the study group name and address in the directory, and advertising and promotional data. You can have sponsorship from Masters independently of the Church. Ask the Masters for sponsorship. Keep asking until you get an answer. 7) CALL FOR THE REMOVAL OF THE CHURCH LEADERSHIP. We know who these people are. We have no confidence in their leadership. Their behavior has not changed one bit with all the letters, emails, and comments people have made. The Churches attitude is "We know better. We have the mantels and the sponsorship. We are the Guru and you are the chela. Your negative comments are criticism and therefore black magic which are interfering with our ability to do our job. We will ignore your comments. We will do as we please. We have the money from the sale of the land to pay our salaries. We will vote for ourselves and stay in power until we wish to retire." We need to take action, not just prayer. Yes we believe that the call compels the answer but we also believe in practicality. Asking the Church to change their modus operandi is not working. Call for the removal of the presidents and ministry department and problem board members as well as those on the Council of Elders who are in agreement with them. Force those in power to resign by continuously emailing them, writing letters and withdrawing tithes. 8)The other alternative to Church leadership is to form another community, which is already happening. We want to keep our church community together but we cannot support the leadership’s actions. Chelas are being inspired with new decrees. If you can write a call, you can write a decree. Also there are many decrees that are not copyrighted. We can have our own internet broadcast. We can move forward the work of the Great White Brotherhood by our own inspiration and action without the Church if necessary. Again this is not the course of action we prefer either personally of collectively but we must continue the work of the Ascended Masters one way or the other. We can band together and form our own community. It is to the Ascended Masters that we owe our allegiance not to Church leadership that is controlling and inflexible. It is the individual heart flame and prayers that the Masters rely on to get the job done. All groups and Keepers of the Flame can call to El Morya and Saint Germain for direct sponsorship of your groups. Don’t let the current leadership thwart your efforts to work for the Masters or make you pacifists. It is timing each person and group stand under their own vine and fig tree. We need new leaders for our church who have spiritual attainment to go along with their mantles. In Tucson we refused to allow Church leadership to take over our group and assets by understanding and standing up for our legal rights. We believe that we did the right thing and that we were lead by El Morya to make the decisions we made. You do not have to cower before this leadership. We are the Community of the Holy Spirit. We need to stick together and stick up for each other and continue to fight for our rights as the true lightbearers of this planet and this community. This is our church. We will continue to work for the Ascended Masters and we know they are our true sponsors. With love for all of this community of lightbearers and those who love Saint Germain and El Morya, we wish you God Victory. Sincerely, Peggy Napier Jeanette Wheeler Jackie Fleder Augustine Martinez The current and former board members of the Tucson Study Group known as the Sacred Sounds of Heaven, Inc. End: Fw: A letter from the former Tucson Summit Lighthouse |