Church bylaws, anyone?

Los Angeles- California.

 

SUBJECT: Memorialization of the Religious Persecution and Retaliation

From: (church member name and email address redacted)
To: mmconnect@mccartymemorial.org; mccartylovesyou@yahoo.com

Date: Wednesday, February 6, 2019, 9:56 PM PST

1 Peter 2:13

Be subject for the Lord’s sake to every human institution, whether it be to the emperor as supreme.

Romans 13:7

Pay to all what is owed to them: taxes to whom taxes are owed, revenue to whom revenue is owed, respect to whom respect is owed, honor to whom honor is owed.

Romans 3:31

Do we then overthrow the law by this faith? By no means! On the contrary, we uphold the law.

Romans 2:13

For it is not the hearers of the law who are righteous before God, but the doers of the law who will be justified.

Proverbs 28:9

If one turns away his ear from hearing the law, even his prayer is an abomination.

Proverbs 28:128

“The wicked flee when no one pursues, but the righteous are bold as a lion. When a land transgresses, it has many rulers, but with a man of understanding and knowledge, its stability will long continue. A poor man who oppresses the poor is a beating rain that leaves no food. Those who forsake the law praise the wicked, but those who keep the law strive against them. Evil men do not understand justice, but those who seek the LORD understand it completely. …

 

1 Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2 Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves.”

From current copy Church By-laws, not amended: “The Board of Deacons: shall…give counsel and service in the business affairs and program activities of the church…GENERAL BOARD. The actions of the general board are at all times subject to review by the congregation…the board shall concern itself with the needs of the community, determine areas of need which requires the support of the Church and…the needs of all people within the community and the World.”

McCarty Memorial Christian Church

Minister Edward L. Anderson

4101 West Adams Blvd
Los Angeles CA 90018

Dear Church and Minister:

This email is to all staff, boards, committees, departments of the church, including the Spiritual Director, the Business Manager, the Officers of the Executive and General Board, the Board of Trustees including CEO Lorenzo Johnson.

First I would like to welcome all new staff members as well as new church members. May you rejoice in the word of of the Lord.

 

Second, I will spend this time with a little background chronology of recent events and also memorialize the meetings of Feb. 3, 2019 at the Church. This recall is meant to be illustrative but not all inclusive, and is subject to reviewing the minutes of both meetings.

By the by-laws, as I am Deacon Chair, I am also a member of the Cabinet, Pulpit, and Executive Committees.

Having been a member for around a year, I heard a few stories from members who said they had not seen the amended By-laws. So on December 22, by email I asked McCarty to allow an inspection of the Church by-laws, articles of incorporation, and the employment agreement between the Pastor and the Church. I also asked how was the winter shelter program allowed to proceed in absence of a written agreement with the congregation. I wrote again on December 24, 2018 and asked that the winter shelter and all related activities halt until there is a written agreement in place. At that point I received no response from the Pastor or Associate Pastor Lisa Tunstall. I did receive this short response form the executive assistant : “The Home at Last Shelter is at a complete halt. It will not be moving forward until all paper work and requests have been approved, if at all.” Since this was not announced to the congregation and she did not say she was speaking on behalf of the Pastor or the CEO, I took her words with a grain of salt. On December 27, 2018, I received an email response from Associate Pastor Lisa, where she said in part and generally, “all of the information you requested…is currently being updated…you may make an appointment with Pastor Anderson should you have any questions or concerns.” So basically she was not answering my questions. (Seems like I would not need an appointment to see the Pastor since I see him every Sunday for an hour at service). On January 8, 2019 I wrote the Church again, reviewed the items not responded to, requested an appointment with the Pastor and gave the times I am available. Common courtesy I thought. I asked for the items to be included in the

next agenda for the board meeting and I asked agenda to also include what monies the Church owes the Disciples of Christ. That email was not responded to and no appointment was ever set up with the Pastor. On January 10, 2019 I received a voicemail from the Pastor that he was setting up a meeting for training of all deacons. He did not say whether he would address the issues I had emailed to him. I wrote the pastor and asked him to bring a copy of the updated By-laws to the meeting. At the meeting the Pastor did not produce the By-laws saying they were only in redline form. I recalled the Jan. 13 meeting in an email to the Church dated Jan. 13 where I memorialized that the pastor said he was overriding the by-laws and using scripture to run the Church, I told him that I believed his job duties obligate him to follow the by-laws. I again requested an inspection, this time of the minutes of the meeting where the by-laws had been ratified; I asked him to announce to the congregation that he believes he can “override” the by-laws. The pastor maintained in the meeting that “there is a period of training” for Deacons but I noticed this does not appear in the by-laws; the Pastor did not state how long such training lasts. On January 24, 2019 I made a church donation online and in the memo line stated: I have not received a response to my January 8th to January 13 emails. I request staff and minister provide a written response.” No response was received.

On February 4 via email at 6:52 am, I wrote to the Church:
“I ask that the congregation discipline the Pastor Eddie L. Anderson, up to and including termination of employment, for not following the by- laws of the Church and for his orchestrated religious persecution of myself as a Church member which resulted in my removal as Chair of the Diaconate. As Hitler persecuted the Jews, Polish, and Blacks, and as Rev. Jim Jones persecuted his congregation, so does Pastor Eddie Anderson.”

1. The duties of the Diaconate are spelled out in the most current version of the by-laws. The pastor said that description is not valid because the Deacon board is not “functional”. The word “functional” does not appear anywhere in the By-laws in reference to the Deacons. The pastor also said he can “override” the by-laws.

 

2. The Pastor quoted 1 Timothy 3:8-13 and also 1.2 Acts 6:1-8. “Timothy” only states that Deacons must be “tested” before they become Deacons, not after the fact. “Acts” does not mention the word “Deacons” or “Elders”.

3. In one church handout regarding Diaconate duties, Romans 12:3-8 New International Version (NIV) is referenced. This is that scripture: “Humble Service in the Body of Christ”

3 For by the grace given me I say to every one of you: Do not think of yourself more highly than you ought, but rather think of yourself with sober judgment, in accordance with the faith God has distributed to each of you. 4 For just as each of us has one body with many members, and these members do not all have the same function, 5 so in Christ we, though many, form one body, and each member belongs to all the others. 6 We have different gifts, according to the grace given to each of us. If your gift is prophesying, then prophesy in accordance with your[a]faith; 7 if it is serving, then serve; if it is teaching, then teach; 8 if it is to encourage, then give encouragement; if it is giving, then give generously; if it is to lead,[b] do it diligently; if it is to show mercy, do it cheerfully. (emphasis added).”

I guess God recognizes that we are all created equal in his image, yet we all have different gifts. But that Romans scripture does not seem to use the word “deacon”.

4. I hereby request a copy of, or inspection of, the Church’s Form 990, most recent. I need to be informed what are the Church hours for inspection, in accordance with state and federal law.

 

5. The Feb 3 meeting. Without prior warning as to the agenda, the Pastor called me into a meeting of Deacons and Elders. About 12:15 pm. Present were Pastor, myself, CEO Lorenzo Johnson, Dr. Lisa Tunstall, Delores Kerr (Deacon), Joan Anderson (Deacon), Donald Peavy (Deacon), Chester Howard (Elder), Claudia Farmer-Perry (Elder). The Pastor had my emails to him and the Church as well as my latest priority mail package to the Church, on the table in front of him. He never mentioned them. He said the purpose of the meeting was the removal of myself as Chair of the Deacon Board as a recommendation from the Elder Board, who had met without me being present. It was unclear the reason I was being removed from the position. Associate Pastor Lisa Tunstall said the removal was because I had written on the Church’s Facebook page and she was “offended” by it; Pastor and Tunstall said I was being removed because I violated the scripture, but did not explain what that scripture was. Delores Kerr said that the removal was the Church’s fault that I had not been trained properly as Deacon Chair, but she never offered what that training was supposed to be or communicated to me before I was voted Deacon Chair; Kerr asked that I apologize, I refused telling her I did nothing wrong nor did I violate scripture. The removal was by consensus, not by vote. I voted against removal. I argued vigorously again about the lack of amended by-laws; by extension of the consensus, all present believe that the by- laws of the Church should not be followed. I believe that is a violation of the by-laws. Some present said the by-laws were not finished; I told them it does not take a year to finish amending or typing the by- laws. They never communicated to me what are the qualifications to be elected a Chair of the Deacon Board. Lisa Tunstall expressed anger that I had publicly criticized the termination of employment of the last secretary. In reality, I did not criticize her termination, but I criticized that the reasons appeared retaliatory, which would mean the church could have violated the secretary’s civil rights. They claimed the Pastor had addressed my concerns; I stated he had not. Subsequently a Board meeting was held, and Associate Pastor Lisa read from one of the Church’s facebook pages that I had written on, and she announced I had been removed. She made no mention to the congregation of my other emails to the Church. This meeting as well as previous ones with the Pastor and Tunstall occurred in the Church office on a Sunday.

 

6. The staff and officer list handed out February 3 is not consistent with the Church by-laws. Some staff positions are missing from the list.

7. I request copies of the minutes of all meetings held at the Church on February 3, 2019.

“…the members acted with religious persecution…”

8. I believe the members in removing me as Chair, acted with racial hatred, religious persecution, and lynch mob mentality. One member told me “don’t fight it”, as if to say those at the Auschwitz should not have chosen to fight, as if those in the Rev. Jim Jones congregation should not have chosen to fight.

9. I am asking that the congregation, with fair notice, seek the removal from positions, all officers and staff who state that they will not follow the Church approved by-laws, such by-laws as required under state and federal law.

10. Let the Pastor tell the congregation that this government authorized non-profit corporation does not have to follow its own by-laws.

11. The Feb. 3 removal of myself did not comply with the By-laws. I am asking the congregation to meet and review the action of the general board to remove me as it is not valid under the by-laws.

12. I invite the World to attended McCarty. But you come down at your own risk if you question the corporate structure of the Church.

13. I post on Facebook because (1) all of the matters related to the winter shelter were made Public by the Pastor (2) a non-profit corporation is a Public matter (3) nothing here has been determined to be confidential (4) it seems to be the only way to get a response out of the congregation.

 

14. Is that spiritually correct to take the Public’s contributions while engaging in unlawful activity?

15. I believe an IRS audit is appropriate.

16. I request that the congregation vote that the winter shelter cannot proceed until the review by the congregation of a written agreement. There is still the matter of disposition of the grant monies.

from  Deacon (Chairperson), McCarty Church

 (Deacon name and address redacted. This email also appeared on one of the Church’s websites)

Church Audit Process – from IRS website

The following is the sequence of the church audit process.

1. If the reasonable belief requirement is met, the IRS must begin an inquiry by providing a church with written notice containing an explanation of its concerns.
2. The church is allowed a reasonable period in which to respond by furnishing a written explanation to alleviate IRS concerns.

3. If the church fails to respond within the required time, or if its response is not sufficient to alleviate IRS concerns, the IRS may, generally within 90 days, issue a second notice, informing the church of the need to examine its books and records.

 

4. After issuance of a second notice, but before commencement of an examination of its books and records, the church may request a conference with an IRS official to discuss IRS concerns. The second notice will contain a copy of all documents collected or prepared by the IRS for use in the examination and subject to disclosure under the Freedom of Information Act, as supplemented by IRC section 6103 relating to disclosure and confidentiality of tax return information.

5. Generally, examination of a church’s books and records must be completed within two years from the date of the second notice from the IRS.

If at any time during the inquiry process the church supplies information sufficient to alleviate the concerns of the IRS, the matter will be closed without examination of the church’s books and records. There are additional safeguards for the protection of churches under Internal Revenue Code section 7611. For example, the IRS cannot begin a subsequent examination of a church for a five-year period unless the previous examination resulted in a revocation, notice of deficiency of assessment, or a request for a significant change in church operations, including a significant change in accounting practices.

“One may well ask, ‘How can you advocate breaking some laws and obeying others?’” King continued. “The answer is found in the fact that there are two types of laws: There are just laws and there are unjust laws. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all.’ Dr. Martin Luther King.

From California Code

CORPORATIONS CODE CORP

 

TITLE 1. CORPORATIONS [100 14631] ( Title 1 enacted by Stats. 1947, Ch. 1038. )
DIVISION 2. NONPROFIT CORPORATION LAW [5000 10841] ( Heading of Division 2 amended

by Stats. 1978, Ch. 567. )
PART 4. NONPROFIT RELIGIOUS CORPORATIONS [9110 – 9690] ( Part 4 added by Stats.

1978, Ch. 567. )

CHAPTER 1. Organization and Bylaws [9110 9160] ( Chapter 1 added by Stats. 1978, ARTICLE6.Location and Inspection of Articles and Bylaws [91609160.] (Article 6 added by Stats. 1978, Ch. 567. )

9160. Every corporation shall keep at its principal office in this state the original or a copy of its articles and bylaws as amended to date, which shall be open to inspection by the members at all reasonable times during office hours. If the corporation has no office in this state, it shall upon the written request of any member furnish to such member a copy of the articles or bylaws as amended to date.

(Added by Stats. 1978, Ch. 567.)

ARTICLE3. Examination by Attorney General [92309230.] (Article 3 added by Stats.1978,Ch. 567. )

9230. (a)Except as the Attorney General is empowered to act in the enforcement of the criminal laws of this state, and except as the Attorney General is expressly empowered by subdivisions (b), (c) and (d), the Attorney General shall have no powers with respect to any corporation incorporated or classified as a religious corporation under or pursuant to this code.

 

(b) The Attorney General shall have authority to institute an action or proceeding under Section 803 of the Code of Civil Procedure, to obtain judicial determination that a corporation is not properly qualified or classified as a religious corporation under the provisions of this part.

(c) The Attorney General shall have the authority (1) expressly granted with respect to any subject or matter covered by Sections 9660 to 9690, inclusive; (2) to initiate criminal procedures to prosecute violations of the criminal laws, and upon conviction seek restitution as punishment; and (3) to represent as legal counsel any other agency or department of the Ch. 567. ) State of California expressly empowered to act with respect to the status of religious corporations, or expressly empowered to regulate activities in which religious corporations, as well as other entities, may engage.

(d) Where property has been solicited and received from the general public, based on a representation that it would be used for a specific charitable purpose other than general support of the corporation’s activities, and has been used in a manner contrary to that specific charitable purpose for which the property was solicited, the Attorney General may institute an action to enforce the specific charitable purpose for which the property was solicited; provided (1) that before bringing such action the Attorney General shall notify the corporation that an action will be brought unless the corporation takes immediate steps to correct the improper diversion of funds, and (2) that in the event it becomes impractical or impossible for the corporation to devote the property to the specified charitable purpose, or that the directors or members of the corporation in good faith expressly conclude and record in writing that the stated purpose for which the property was contributed is no longer in accord with the policies of the corporation, then the directors or members of the corporation may approve or ratify in good faith the use of such property for the general purposes of the corporation rather than for the specific purpose for which it was contributed.

CORPORATIONS CODE CORP

TITLE 1. CORPORATIONS [100 14631] ( Title 1 enacted by Stats. 1947, Ch. 1038. )

DIVISION 2. NONPROFIT CORPORATION LAW [5000 10841] ( Heading of Division 2 amended by Stats. 1978, Ch. 567. )

PART 4. NONPROFIT RELIGIOUS CORPORATIONS [9110 9690] ( Part 4 added by Stats. 1978, Ch. 567. )

CHAPTER5.Records,Reports and Rights of Inspection[95109514] (Chapter5 added by Stats. 1978, Ch. 567. )

9510. (a)Each corporation shall keep:
(1) Adequate and correct books and records of account.

(2) Minutes of the proceedings of its members, board and committees of the board.

(3) A record of its members giving their names and addresses and the class of membership held by each.

(b) Those minutes and other books and records shall be kept either in written form or in any other form capable of being converted into clearly legible tangible form or in any combination of the foregoing. When minutes and other books and records are kept in a form capable of being converted into clearly legible paper form, the clearly legible paper form into which those minutes and other books and records are converted shall be admissible in evidence, and accepted for all other purposes, to the same extent as an original paper record of the same information would have been, provided that the paper form accurately portrays the record.

(Amended by Stats. 2004, Ch. 254, Sec. 34. Effective January 1, 2005.)

CORPORATIONS CODE CORP

TITLE 1. CORPORATIONS [100 14631] ( Title 1 enacted by Stats. 1947, Ch. 1038. )

DIVISION 2. NONPROFIT CORPORATION LAW [5000 10841] ( Heading of Division 2 amended by Stats. 1978, Ch. 567. )

PART 4. NONPROFIT RELIGIOUS CORPORATIONS [9110 9690] ( Part 4 added by Stats. 1978, Ch. 567. )

CHAPTER 4.Meetings and Voting [94109421] (Chapter4 added by Stats.1978,Ch.567.)

Smiling faces sometimes pretend to be your friend

Smiling faces show no traces of the evil that lurks within

Smiling faces, smiling faces sometimes

They don’t tell the truth uh Smiling faces, smiling faces

Tell lies and I got proof

The truth is in the eyes

Cause the eyes don’t lie, amen

(Editor: This document is based on events made public by Pastor Eddie L. Anderson and Lisa Enders Tunstall, Assoc. Pastor, McCarty Memorial Christian Church on February 3, 2019 speaking to the congregation and the Public.)

Wikipedia

https://en.wikipedia.org/wiki/McCarty_Memorial_Christian_Church

Neighborhood News Online

http://theneighborhoodnewsonline.net/history/our-history/574-mccarty-memorial-church

Linked in

https://www.linkedin.com/in/edward-anderson-72b585111

About — McCarty Memorial Christian Church 4101 West Adams …

https://www.mccartychurch.org/new-index/#our-pastor

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https://www.mccartychurch.org/

 

 

 

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