Majority Rule - A Challenge and a Plea to TSG and TAO Members

 

In 1982 The Stelle Group removed from its bylaws the election of Trustees, referendum procedure, and expulsion by due process, giving the Trustees total authority, unlimited self-perpetuation, and zero accountability. Following are several specific results of this choice (documentation attached):

 

1. Legal actions for dismissal of The Stelle Group’s lawsuit based on illegality of the Group’s bylaws. On August 21, 1987, legal actions were initiated in court to have The Stelle Group’s lawsuit for permanent injunction against Karen, Betty, Marge, and Richard dismissed because of the illegality of its bylaws due to the membership clause being removed in the 1982 revision, which puts them in violation of statute (attached). Whether or not the case is actually dismissed is not germane. What is germane is that the bylaws violate both Texas and Illinois statute in three particulars, and legal case precedent establishes that such violations are grounds for dismissal of a case. If the case goes to jury trial, it is highly likely that The Stelle Group will lose the case. The judge addressed The Stelle Group sternly and frankly (through its lawyer and Malcolm), stating that their case would be difficult to prove and win. In other cases with matching facts, not only did the plaintiff organization lose the case, but it was ordered by the court to reinstate the defendants to full membership and to pay their legal expenses as well. With dismissal or loss of the case, the TSG (and TAO) could be faced with the possibility of paying not only the defendants’ legal fees but also the legal fees for both sides in the three valid, necessary countersuits still standing which the Trustees’ suit generated. The question of the legality of TSG’s bylaws was an obvious point which the defendants’ legal staff researched early on. When I questioned Richard on this point, he said it was his recollection that he asked the Trustees before the new bylaws were voted on in 1982 whether the proposed revisions were legal. He was told by the Trustees that they had obtained letters of opinion from their lawyer and the IRS stating that the changes were legal. We were not provided with these letters in the court-ordered discovery process. These opinions were clearly incomplete.

 

Based on incomplete research, The Trustees have paid well over $10,000 in legal fees on a lawsuit with a high potential for dismissal or loss. A similar situation is in process in TAO: The Directors have paid thousands of dollars for legal research in their attempt to break the airtight Adelphi Land Trust, and TAO has committed to spending thousands more based on speculation that the trust is illegal and can be revoked because it needed to be ratified by the members but the only members were the three directors. In this costly research TAO has done, how is it possible that they have not questioned the first Adelphi postulant who became a member (excluding the Directors), me? Or checked the records on file? If they had, they would have learned that TAO implemented the recommendation of its very competent lawyer to have a statement signed by all postulants at that time, including me and my brother, Jeff Bassett, stating that as postulants and potential members and lot owners, we approved the ratification of the Trust by those who were members (see attached statement). Why haven’t TAO’s Directors revealed the existence of this document?

 

Several lawyers of high standing in the legal community have given some of us evaluations that the trust cannot be broken, that an attempt to break it would consume tens of thousands of dollars and take 1 to 2 years, and that Richard as land Trustee can legally and rightly draw legal defense expenses up-front from the body of the trust. The only person on earth to gain from that suit will be the lawyer. The two organizations will likely spend a fortune on the remaining suits, lose them, and be required to pay defendants’ legal fees as well. It’s the TSG Trustees’ and TAO Directors’ duty to always maintain fiduciary responsibility. Cleaning out their treasuries to pursue lawsuits which have a high probability of being lost is the opposite of that, in particular, the TAO Directors appear to be on a course which at end will dismantle TAO financially and then organizationally.

 

Further, TAO Directors’ refusal to abide by Texas law, which specifically grants a member the right to inspect all the records of a non-profit organization, resulted in Betty having to go to court to force the Directors to conform to law and allow the exercise of her rights. Then, however, they withheld some of the records which she was entitled to inspect. Their actions, in violation of statute, could predictably result in further court cases at considerable cost to TAO. Since it is so simple to be open and forthright in allowing public inspection of the group’s books, what is the motive for breaking the law? Another case in point was the proposal the TAO Directors backed and implemented for the hasty transfer of thousands of dollars to TSG for operating expenses without carefully researching other avenues for obtaining the funds such as operating TSG more frugally or profitably, e.g., by paring the Trustees’ salaries. Such expenditures only serve to further drain TAO’s treasury until the organization is insolvent. Is the next step then to dissolve the organization and transfer remaining assets to TSG? Directors are fully liable for personally reimbursing the assets of a non-profit organization that they waste. TAO membership needs to become more involved in the details and decision-making of their organization, to practice the precious democratic procedures it has wisely retained.

 

2. Documented proof that in the Fall of 1986 The Stelle Group Trustees formulated and implemented a secret plan and deliberate policy to conceal the truth surrounding Richard’s departure from outside supporters and donors in the hopes of minimizing the sizable decrease in income they projected as a result of Richard s departure. The attached documents (which I have labeled sheets IA-3, pp 3 & 6 and P-1 & P-2) speak for themselves. Sheets IA-3, pp. 3 & 6 are taken from a 14-page Impact Analysis discussed by TSG Trustees at October 1986 Trustee meetings and subsequently implemented. In the October 7, 1986 Trustee Meeting Minutes it states, “The board reviewed the first part of an Impact Analysis on Richard’s resignation that was prepared by Robert. A copy is attached.” In the October 14 minutes it states, “Robert circulated the next part of the Impact Analysis for the board’s review.” While Part. 1 was included with the minutes, Parts 2 and 3, the strategy sections, were not treated in the same manner.  They were not included in the minutes and were concealed and withheld in the pre-trial discovery process in violation of court order and U.S. law.  Formulation, use and concealment of this secret strategy plan virtually assures a decision against TSG in a jury trial. Pages P-1 and P-2 are a Trustee Position Paper prepared in early May 1986.

 

Provided by an anonymous source, I first saw the secret strategy papers in the Fall of 1986, before the “New Chapter” article with the “passing the torch” quote appeared. It is obvious (see sheet IA-3, p. 3) that Richard’s only supposed “quote” in the article was in fact an expression of the “pass the torch” strategy planned by the Trustees in their strategy paper before Heather’s interview with Richard, which itself was part of the strategy. In fact, Heather specifically asked Richard, as the strategy papers show she had clearly been instructed to do, if he was confident he was passing the torch into capable hands. The hour-long cassette tape on which Richard told the simple truth about his involvement with lady friends and conflict with the current Trustees as the events occurred, in order ethically to properly inform the donors was not printed as Richard intended and as the Trustees had agreed to do. (Richard repeatedly stressed on that tape that TSG supporters needed to be told the truth about these matters. The defendants in TSG’s injunction lawsuit have for months requested—in vain—that TSG provide them with a copy of that tape in the legal discovery process.) That “pass the torch” quote implies, falsely, that Richard was referring to the current Trustees and was backing them. In statements at joint meetings, and more recent written statements, Richard stated clearly that he did not back most of the current Trustees or consider them capable and did not want to pass his torch into their hands. Richard’s reply to Heather’s Trustee-planned question was that I am confident that the torch is being passed into many capable hands,” by which he indicated that there were many capable people in TSG who could fill the positions and do the work of the Trustees, who were not implementing the Brotherhoods’ Plan as he’d expressed it to them. The use of the “pass the torch” quote appears to be a deliberate pre-planned and self-serving attempt by the Trustees to deceive the donors and supporters, concealing the truth from them regarding Richard’s true stance. They printed only the phrase they chose in advance for him to speak.

 

The Public Relations section of their strategy document clearly indicates the Trustees’ approach to the outside donors was based not on consideration of TSG supporters as intelligent people who needed to be told the truth about what they were funding. The document states: “Each of our publics represents a different market with distinctively different values and information needs. Each one needs to be treated according to their information needs. In the area of information dissemination, we should be market driven.” On sheet IA-3, p. 3) Central Strategy, No. 2,” points 7 and 8, it was deliberately planned to conceal information about the Philadelphia Fund from outside donors, then release information later as a “point of philosophy,” this when the Trustees laid out in another section a plan to “Commission Bill Elliott to take whatever steps are necessary in order to revoke the [Philadelphia Fund] Trust or amend it so that the board can implement its reformation plan.” Revoking a $70,000 Trust is a “point of philosophy”? The Trustee Position Paper, dated 5-8-86 (sheets P-1 & P-2), subsequently implemented, clearly expresses that even at the early stages there was a plan to decide “what degree of information do we release,” the main concern being to limit “damage control for 1/2 - 5% of our support base—why jeopardize the remainder when there appears to be no effective way to communicate the reasons and details of this change?” The subsequent Economic Considerations section (sheet IA-3, p. 6, “Central Strategy No. 1”) projects an income drop of 15% to 20%.

 

In a “Contingency Plan for Possible Loss of Financial Support” dated November 10, 1986, the Trustees state: “If we decide to request that donations made to the Philadelphia Fund be reassigned to operating expenses or to education or to some aspect of our existing budget by whatever name, then this resource could handle a sizeable downturn until we moved to a new location.” This when they claimed the Philadelphia Fund was being dismantled because Richard had altered his wording regarding Philadelphia. People donated that money in trust to buy and build Philadelphia, not to cover TSG’s operating expenses during a downturn in donations.

 

A non-profit organization is a public trust, and the Trustees’ greatest moral responsibility is to uphold that trust by dealing in a forthright manner with the public and especially with the individual donors, particularly since their donations pay the Trustees’ salaries. Spending donated organizational funds on lawsuits which serve to protect their jobs is a violation of the public trust. Planning to and in fact concealing, distorting, and manipulating information released to donors is a violation of the public trust [concealing and manipulating statements by the Organization’s founder and just-deposed Chairman of the Board, which are critical of his fellow Trustees, is a violation of the public trust]. This marketing public relations approach to donors, the deliberate plan to conceal, distort and manipulate information released to donors for the stated purpose of “controlling damages” to avoid losing their donations, and the subsequent “New Chapter” article and affiliate mailings, were laid out in advance in lengthy, detailed secret strategy plans which were intentionally concealed from and  out behind the backs of the general membership. The plan was so secret and so concealed that its very existence could readily have been denied had Committee for Truth members challenged the Trustees directly and openly regarding it in December 1986.  That the Trustees concealed and withheld Parts 2 and 3 in the court-ordered discovery process demonstrates that they in fact denied the existence of the strategy plan in violation of court order and U.S. law.

 

While it would be too cumbersome to address and include here the entire 14-page Impact Analysis, many segments of it reveal a broad and deep strategy to undercut and undermine Richard’s credibility and role. The Trustees were in fact particularly concerned with concealing Richard’s true stance in regard to the board, stating, “People who believe Richard’s statements about the board will blame TSG....[S]ome of the comments reflect very negatively on the group and its management.” I have heard Richard’s “statements about the board” a number of times. They could be summed up as follows:

 

The Trustees claim that Leslie could (and would) sue TSG for harassment unless Richard stepped down from his offices, which they falsely implied to be backed by legal opinion (they didn’t get a substantive legal opinion until August 1986, and it did not back their claim) was used in April 1986 to justify removing Richard immediately as Chairman of the Office of Membership and transferring his nominal powers as Chairman of the Board to Malcolm. This action prevented Richard from carrying out his stated intention to accept Robert’s resignation. That was the topic to be discussed the evening the accusations against Richard were first made by Malcolm and Robert. Robert retained his position and salary. Richard no longer had a way to remove Robert from any position. Richard has strongly opposed the fact that Malcolm, Robert, and Tim have had annual salary packages totalling $100,000. Donations to TSG for the first 6 months of 1987 were $88,139, which projects to $176,000 for the entire year. Thus the salaries of three administrators has been consuming well over half the donated funds, leaving a disproportionately small amount to pay for staff’s and teachers’ salaries, office rent, subsidies for The Stelle School, and development of new programs. Richard has repeatedly criticized disproportionate allocation of funds for Trustee salaries by TSG Trustees. Richard has felt there was never enough work to warrant Malcolm and Robert having full-time positions or salaries. Further, he felt the Trustees were not implementing some major programs and plans Richard had presented to them as being suggested by his Teachers. (Note: The defendants in TSG’s injunction lawsuit have for months requested to view in the legal discovery process TSG’s long-distance phone bills -public records, according to statute—without success. Malcolm stated in deposition under oath that the phone bill ran several hundred dollars a month. TSG financial statements indicated an average phone bill of about a thousand dollars a month. Richard has criticized the Trustees, particularly Robert and Tim, for excessive long-distance calls. A phone bill approaching $12,000 a year would be an example of wastefulness and bad management. The itemized phone bills, when extracted from the Trustees through court order, will reveal the extent and nature of such potential abuse.)

 


By contrast to the allegations circulated by Malcolm and others that Richard is mentally ill, which is the stuff of slander, Richard’s criticisms of the Trustees involved matters of documentable fact. Since the U.S. Supreme Court ruled in New York vs. Sullivan that a public figure has no legal recourse from public slander, ridicule or false allegations, the Trustees have been safe in making statements putting Richard in a bad light without being liable for slander. They’ve spent substantial amounts trying to discredit Richard in print to donors while simultaneously building themselves up as the “good guys “ who have saved the group and received the torch of Richard’s Brotherhood tasks. Never once have they presented to the donors Richard’s true stance, outlined above, in regard to them. TSG Trustees have the responsibility, as holders of the public trust, to tell the group’s donors the truth, including Richard’s true stance regarding TSG Trustees and then letting the donors make up their own minds. Concealing Richard’s stance from the donors, giving them a false impression of his stance, discrediting him, blocking him from communicating with donors and readers of his books through a court injunction - these are pre-planned, self-serving Trustee actions carried out with donated funds.

 

It’s no wonder donations have been down when the Trustees have continued to base the group largely on Richard’s books, tapes, teachings and programs, promoting these things as being truthful and worthwhile, while simultaneously promoting him as having psychological problems and being deceptive and manipulative with no credibility. How can they possibly believe people will donate to a group based almost entirely on Richard’s writings, teachings, and tapes if these people have been convinced by the Trustees that Richard has psychological problems and cannot be trusted or believed? Richard, meanwhile, has simply gone ahead with his tasks and left the Trustees and TSG behind.

 

3. The unconscionable, unconstitutional terms of an agreement The Stelle Group Trustees tried to get Richard to sign in exchange for dropping his name from the injunction lawsuit. (See attached summary ( page C-1), verified as accurate by Mr. Al Rasche, who acted as mediator.) Through this agreement, which Richard understandably refused to become a party to, the Trustees would get Richard to move to another state, with no pretext of therapy, to exist professionally and philosophically in the equivalent of a pine box with two holes in it. Through one of the holes he could pass out philosophy essays for the Trustees to alter and use or discard at will. Through the other hole would run a telephone hookup to Malcolm Carnahan so Richard could convey information he got from his Teachers verbatim exclusively to Malcolm. Thus Malcolm would be in a position to state that Richard was in service to The Stelle Group and still in contact with his Teachers, and that he, Malcolm, President and Trustee of The Stelle Group in perpetuum, had the one and only line of contact with Richard’s Teachers, who are associated with The Brotherhoods described in The Ultimate Frontier and so frequently cited in TSG publications and correspondence.

 

The Trustees appear to be interested in maintaining the appearance that Richard’s contact with the Brotherhoods is current and valid, suing him, then offering to drop the suit to get total control of that connection and make it literally their own, to be used and altered for their own purposes. As they appear to be not interested in releasing the truth to the donors, they likewise appear to be not interested in determining the truth regarding Richard. It’s quite a revelation that Malcolm, who stated to me and others that he believes Richard is a mentally ill liar, bargained for exclusive rights to Richard’s “truth teachings” from the Brotherhoods. While it was stated publicly that the lawsuit is being conducted because Richard is morally wrong and it is morally necessary and right to sue him, the Trustees offered to drop the lawsuit in exchange for Richard’s silence, and—even though they have stated in a confidential memo they tend to disbelieve anything he says—to gain a monopoly on the “truth teachings” given him by his Teachers. What was the membership told about this deal? Only that Richard had been offered a chance to be dropped from the lawsuit and that he had, typically, refused.

 

Richard’s contact with his Teachers is indicated in TUF to be a necessary part of his assignment from The Brotherhoods to coordinate the building of Philadelphia and the Nation of God (as is his remaining in Texas and retaining control of the Adelphi Trust). One of Richard’s Teachers states in TUF that if Richard demurs, The Brotherhoods will choose another coordinator. Nowhere does it state that Richard or anyone outside the higher echelons within the Brotherhoods has the power to choose a new coordinator. Yet by the terms of the attached agreement, in exchange for dropping Richard from the lawsuit, the Trustees attempt to maneuver Richard into turning that position over to Malcolm. If the Brotherhoods want to take the assignment away from Richard and give it to Malcolm, they will do so themselves, directly, and I would assume that Malcolm would be contacted directly, would write his own book and found his own group rather than function off Richard’s life story, life works, creative output, public esteem, and very body (as Brotherhood link) while Richard lived in forced retirement, isolation, and exile.

 

It’s been amazing for me to hear the Trustees castigate Richard for not telling Heather about Leslie and for not revealing top secret information about and Brotherhood gameplans for Philadelphia when the Trustees have themselves concealed so much information from donors, supporters, and members. What does the word “trust” mean if the members can’t “trust” the Trustees to tell them the truth about their plans and actions? Don’t these actions make a mockery of TSG’s oft-quoted demand on Richard for “the practice of strict honesty” (TUF)? The Trustees haven’t been honest with either the donors or the members.

 

It’s time to define membership and to restore to The Stelle Group’s bylaws the election of Trustees, the referendum procedure, and expulsion by due process, and reestablish democratic procedure and true majority rule. It’s time for the membership to speak out, to get full disclosure of Trustee strategies and actions, and to regain their right to vote. Adelphi members need to safeguard and exercise the precious democratic procedures they have.

 

Karen Robertson

 

 

 

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