| Harold Lance's Statement |
3ABN's Altered Statement |
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-------- Original Message --------
| From: |
Harold Lance |
| To: |
G. Arthur Joy, Bob, Gregory Matthews,
Linda Shelton, Walt Thompson, Danny Shelton |
| Subject: |
FW: Why ASI Chose to Withdraw |
| Date: |
Wed, 24 Jan 2007 08:54:40 -0800 |
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-------- Forwarded Message --------
| From: |
Harold Lance |
| To: |
Harold Lance |
| Subject: |
Why ASI Chose to Withdraw |
| Date: |
Wed, 24 Jan 2007 08:44:20 -0800 |
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January 24, 2007
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Why ASI Chose to withdraw from Discussions
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To those this may concern:
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To Those It May Concern:
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Answering the request of 3ABN's Board of Directors , ASI agreed
to explore the possibility of forming a commission "to evaluate
and determine Danny's legal and moral right to divorce and to
re-marry". ASI's Executive Committee spent a considerable amount
of effort from late September 2006 until early 2007 exploring
that assignment. ASI's Executive Committee met January 4 to review
progress on establishing a commission. After a full discussion
the Committee voted unanimously to withdraw from the process
they had agreed to consider. A brief announcement was made without
stating any of the reasons for our action. We received questions
from both sides, ASI members, and several Church leaders. All
wanted to know the reasons for our action to withdraw. The committee
met again on January 9, 2007 and authorized an explanation. Our
decision to withdraw was not based on the merits of the divorce
and remarriage issues or any of the other issues we were urged
to consider. It was based solely on the barriers we encountered
in attempting to reach agreement on a process.
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Answering a request last fall from Three Angels' Broadcasting Network's Board of Directors
(afterward referred to as 3ABN), ASI agreed to explore the possibility of forming a commission ". . .
to evaluate and determine Danny's legal and moral right to divorce and remarry . . ." [excerpt from 3ABN
minutes].
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ASI's Executive Committee spent considerable time and effort
from late September 2006 until early 2007 exploring that assignment.
ASI's Executive Committee met January 4 to review progress on
establishing a commission. After a full discussion at that time,
the Committee voted unanimously to withdraw from the process
they had agreed to consider. A brief announcement was made by
ASI, without stating any of the reasons for our withdrawal.
We received questions from both ASI members and several Church
leaders. All wanted to know the reasons for ASI's action to
withdraw. The Committee met again on January 9, 2007 and authorized
the following explanation:
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Reason for ASI's Withdrawal
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ASI's decision to withdraw was not based on the merits of the
divorce and remarriage issues or any of the other issues we were
urged to consider. ASI's decision was based solely on the barriers
we encountered in attempting to reach agreement between the parties
on a process whereby the commission would study the issues.
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In summary,
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Here were the considerations:
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ASI's Initial Considerations
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1. ASI believed it could develop a process fair to all parties
utilizing a panel of ASI members selected for their spirituality,
fairness and intelligence. The parties would be involved in
the panel selection process.
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ASI believed it could develop a process that would be fair to all parties, utilizing a panel of ASI members selected for their spirituality, fairness and intelligence. The parties would be chosen through a panel selection process.
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2. ASI proposed a process assuring a fair due process to all
concerned.
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ASI proposed a process to assure a fair due process to all concerned.
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3. ASI believed it was essential that we have the active involvement
of all parties.
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ASI believed it was essential that it have the active involvement of all parties in this process.
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Danny and 3ABN Accept
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By 12 10 06, Danny and 3ABN accepted the process proposed by ASI.
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By December 10, 2006, Danny Shelton (afterward referred to as Danny) and 3ABN had accepted the process proposed by ASI.
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Here were the barriers:
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Unexpected Barriers
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* Linda did not participate in discussions to develop an agreed
process.
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Linda [formerly Mrs. Danny Shelton] (afterward referred to as Linda) did not participate personally in discussions to develop an agreed upon process.
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* Linda identified Gailon Arthur Joy as her representative who
in turn introduced Bob Pickle and Greg Matthews as team members.
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Linda identified Gaylon Arthur Joy (afterward referred to as Joy) as her representative. Joy, in turn, introduced Bob Pickle (afterward referred to as Pickle) and Greg Matthews (afterward referred to as Matthews) as his team members.
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* Linda's team –
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Linda's team:
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- did not accept that ASI was capable of providing a fair
forum to decide the issues
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Did not accept that ASI was capable of providing a fair forum to decide the issues
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- insisted on including issues involving allegations of
management and corporate misconduct at 3ABN
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Insisted on including issues involving allegations of mismanagement and corporate misconduct at 3ABN
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- would not accept the ground rules for the panel's procedures
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Would not accept the ground rules for the panel's procedures
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- would not cease harassing email contact with Danny or
other 3ABN representatives
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Would not cease harassing e-mail contact with Danny or other 3ABN representatives
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- would not cease circulating distracting comments about
the process under discussion with AS
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Would not cease, when requested to do so, circulating distracting
comments about the process under discussion with ASI
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* We never learned whether Linda approved of the positions asserted
by her team. Linda did not respond except to say that Joy would
be her representative.
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We never learned whether Linda approved of the positions asserted
by her team. At no time did Linda respond except to say that
Joy would be her representative.
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3ABN/ASI Relationship
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ASI was equally open to whatever conclusion the facts revealed
and was disappointed that our efforts did not result in a resolution
of the issues we agreed to consider.
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ASI was open to whatever conclusion the facts would reveal, and
we were disappointed that our efforts did not result in a resolution
of the issues we had agreed to consider.
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If you wish to know more, read on.
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The ASI Executive Committee believes that 3ABN is a God inspired
and God led instrument for the effective spread of the Three
Angels Messages to the world and that it is a blessing to the
worldwide Seventh-day Adventist Church.
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The ASI Executive Committee believes that 3ABN is a God-inspired
and God-led instrument for the effective spread of the three
angels messages to the world, and that it has been, and continues
to be, a blessing to the worldwide Seventh-day Adventist Church.
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ASI is a member organization of businesses and ministries that
have a priority for the spread of the gospel in their market
place. 3ABN was introduced to ASI in the mid 1980's at our convention
in Big Sky, Montana. At that time their idea was just a dream.
ASI was intrigued by their audacious plan of a lay operated
ministry providing a world wide radio and television network
with "straight" Seventh-day Adventist programming 24/7. This
meeting was the beginning of a mutually beneficial relationship
resulting in the growth of both organizations and positive media
exposure for hundreds of supporting ministries on 3ABN programming.
Both Linda and Danny Shelton were viewed as capable leaders,
deserving of respect and involvement with ASI.
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ASI is an organization of member businesses and ministries that
share a priority for the spread of the gospel in their marketplaces.
3ABN was introduced to ASI in the mid-1980's at our ASI Convention
in Big Sky, Montana. At that time their television idea was
just a dream. ASI was intrigued by their audacious plan of a
lay-operated ministry providing a worldwide radio and television
network with "straight" Seventh-day Adventist programming, 24/7.
That meeting was the beginning of a mutually beneficial relationship,
resulting in the growth of both 3ABN and ASI and in positive
media exposure for hundreds of ASI members. Both Linda and Danny
Shelton were viewed as capable leaders, deserving our respect
and involvement with ASI.
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Events around the break up of the Shelton's marriage brought
much public comment which came to the notice of ASI, the Church
at large and the viewers of 3ABN. "The 3ABN board of directors
voted unanimously on September 24 (2006) to request ASI to set
up a commission to evaluate and determine Danny's legal and moral
right to divorce and to re-marry".
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In addition to great sadness for those who know them, the breakup
of the Sheltons' marriage and subsequent events brought much
public comment that came to the notice of ASI, Church leadership
and 3ABN's viewers. Soon after: "The 3ABN Board of Directors
voted unanimously on September 24 [2006] to request ASI to set
up a commission to evaluate and determine Danny's legal and moral
right to divorce and to re-marry" [excerpt from 3ABN minutes].
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Attempts to Establish the Commission Panel
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As ASI leadership was considering 3ABN's request an email message
dated 10 3 06, was received by the ASI President from G. Arthur
Joy, saying in part: "...Dr. Thompson has informed me that ASI
has agreed to be the appropriate platform upon which to hear
allegations regarding 3ABN. While I agree that in theory, ASI
is the appropriate platform and clearly has some jurisdiction
here, and by voluntary assent would have full jurisdiction to
hear the allegations and make appropriate findings, I also recognize
there are some clear and serious conflicts that need to be clarified".
The memo from Joy included messages from other unknown/unidentified
people seriously questioning whether ASI was an appropriate organization
to be involved. Joy was unknown to ASI leadership. It was not
known what his interest was in the matter. That question was
clarified by Linda when she identified Joy as her representative.
Joy introduced Bob Pickle and Greg Matthews as also on Linda's
team. The three have been included in all correspondence sent
to Linda.
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As ASI leadership was considering 3ABN's request, an e-mail message dated, October 3, 2006, was received by ASI's president from Joy, hitherto unknown to ASI, saying in part:
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". . . Dr. Thompson [Walter Thompson, 3ABN Board Chair] has informed me that ASI has agreed to be the appropriate platform upon which to hear allegations regarding 3ABN. While I agree to that in theory, ASI is the appropriate platform and clearly has some jurisdiction here, and by voluntary assent would have full jurisdiction to hear the allegations and make appropriate findings, I also recognize there are some clear and serious conflicts that need to be clarified."
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Joy's memo included messages from others (unknown and unidentified to us) who seriously questioning whether ASI was an appropriate organization to be involved. As stated above, Joy himself was unknown to ASI leadership at that time. It was not known what his interest was in the matter until Linda later identified Joy as her representative. Joy then introduced Pickle and Matthews as part of Linda's team. Since that time Joy, Pickle and Matthews always were included in any correspondence sent to Linda.
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On October 25 - the ASI Executive Committee took an action authorizing
the exploration of becoming involved and asked Harold Lance,
past ASI president, to lead out in the process.
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October 25, 2006: The ASI Executive Committee took an action authorizing the exploration of becoming involved in the process and asked Harold Lance, past ASI president, to represent ASI and lead out in the commission's process.
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October 31 - ASI circulated a document entitled "Procedural Suggestions"
(below) to both
Linda and Danny Shelton, their representatives, and 3ABN.
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October 31, 2006: ASI circulated a document entitled "Procedural Suggestions" [see below] to Linda, Danny, their representatives, and to 3ABN.
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Basic Concepts
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BASIC CONCEPTS - We believed there were several basics concepts
necessary for the process to succeed:
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ASI identified several basic concepts necessary for the process to succeed:
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- That the involvement of Linda, Danny and 3ABN was essential
to a successful agreement on a fair process and resolution of
the dispute.
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The involvement of Linda, Danny, and 3ABN was essential in order to reach a successful agreement regarding a fair process and then to come to a resolution of the dispute.
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- Widespread distracting interchanges on the web sites and
forums led us to believe the discussions between ASI and the
parties attempting to establish an agreement on the process
needed to be conducted with confidentiality.
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Widespread distracting interchanges on web sites and forums led us to believe that the discussions between ASI and all parties attempting to establish an agreement on the process (Linda, Danny, their representatives, and 3ABN) needed to be conducted with confidentiality.
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- Both parties needed to stop direct critical comment with
each other.
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Both "sides" (Linda's and Danny's) needed to stop direct critical comment with each other.
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# # #
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PROCEDURAL SUGGESTIONS
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Procedural Suggestions
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ASI SUGGESTED THE FOLLOWING PROCEDURE AND PROCESS CONCEPTS:
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ASI suggested the following procedural/process concepts:
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~ The panel selected to hear and decide the issues should be
chosen by ASI in consultation with the parties.
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The panel selected to hear and decide the issues should be chosen by ASI in consultation with the parties [Linda and Danny].
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~ Because of the sensitive nature of the issues we believed the
proceedings needed to be private, as in "executive session" of
a board of directors meeting within the Church or business organizations.
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Because of the sensitive nature of the issues, the proceedings should be private, in the manner of an "Executive Session" within a board of directors of the Church or a corporation.
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~ Issues for consideration needed careful definition and mutual
agreement.
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Issues for consideration needed careful definition and mutual agreement.
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~ Parties would state in advance of the hearing their position
on each issue and their expected outcome of each issue.
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Parties would formally state in advance of the hearing their position on each issue and their expected outcome of each issue.
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~ Each party would in advance of the hearing furnish the identity
of their witnesses and their expected information as well as
providing copies of any documents to be presented to the panel.
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Each party would, in advance of their appearance before the panel, furnish the identity of witnesses and their expected information, as well as provide copies of any documents [evidence] to be presented to the panel.
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~ All costs connected with the proceedings would be paid by 3ABN.
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All costs connected with the proceedings would be paid by 3ABN.
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~ Proceedings would be held at a neutral site as convenient as
possible for the parties.
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Proceedings would be held at a neutral site as convenient as possible for all parties.
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~ Input from both parties would be welcomed to establish the
ground rules on the process to be followed.
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Input from both parties would be welcomed to establish the ground rules on the process to be followed.
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~ Questioning would be conducted by the panel under the direction
of its chairperson, with opportunity for the parties or their
representative to suggest questions.
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Questioning would be conducted by the panel under the direction of its chairperson, with opportunity for the parties or their representatives to suggest questions.
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~ The decision of the panel would be based upon the information
presented by the parties at the hearing and not from outside
sources.
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The decision of the panel would be based upon information presented by the parties at the hearing and not from outside sources.
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~ The proceedings would not be conducted as a trial, with a judge,
lawyers, cross examination and typical court-like processes.
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The proceedings would not be conducted as a trial, with a judge, lawyers, cross examination and typical court-like processes.
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~ Within 30 days after the conclusion of the proceedings the
panel would announce its written findings on the issues, the
factual reasons for their findings, and recommendations to the
parties, which document would be available to the parties and
the interested public.
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Within 30 days after the conclusion of the proceedings the panel would announce its written findings on the issues, the factual reasons for their findings, and recommendations to the parties, which document would be available to the parties and the interested public.
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# # #
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What happened? Why didn't it succeed?:
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What happened? Why didn't the process succeed?
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There was significant interchange between Linda's team and ASI,
and Danny and 3ABN and ASI that lead to two additional documents
from ASI to the parties containing details and suggested revisions
to the process.
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There was significant interchange between Linda's team and ASI,
and between Danny, 3ABN and ASI that lead to the creation of
two additional documents presented by ASI to the parties that
contained details and revisions to the proposed process that
the parties had suggested.
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We had no contact with Linda other than a memo to an ASI representative
stating that Joy was her representative.
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We continued to have no contact from Linda other than a single
memo to an ASI officer stating that Joy was her representative.
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By 12 10 07 Danny and 3ABN had accepted the process as proposed
by ASI.
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By December 10, 2006, Danny and 3ABN had accepted the process
as proposed by ASI.
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On 12 13 07 we received an email from Joy advising that Linda
was preparing a careful thorough response to the process proposals
and a list of questions that he and Linda were preparing seeking
clarification. They never came.
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On December 13, 2006, ASI received an email from Joy advising
that Linda was preparing a careful, thorough response to the
process proposals, along with a list of questions that he and
Linda were preparing for their own clarification. This response
and list of questions never came.
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Interchange between ASI and Linda's team
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The interchange with Linda's team centered around:
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Discussions between ASI and Linda's representatives centered around:
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* Whether the proceeding should be open to the public or private;
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Whether the proceeding should be open to the public or private
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* Whether ASI could be neutral and provide a "level playing field";
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Whether ASI could be neutral and provide a "level playing field"
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- Whether the proceedings should be videoed, recorded and broadcast;
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Whether the proceedings should be video taped/recorded/broadcast
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* Whether the issues considered should extend beyond the Shelton's divorce and Danny's remarriage and include for example:
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Whether the issues considered by the panel should extend beyond the Sheltons' divorce and Danny's remarriage to include, for example:
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a. That Danny and the 3ABN Board of Directors were guilty of malfeasance;
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That Danny and the 3ABN Board of Directors were guilty of malfeasance
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b. That Danny should be removed as president of 3ABN;
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That Danny should be removed as president of 3ABN
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c. That the Board of Directors of 3ABN should be removed;
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That the Board of Directors of 3ABN should be removed
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d. That 3ABN should be restructured to create a constituency
based organization though they knew the existing structure is lawful;
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That 3ABN should be restructured to create a constituency-based organization (though they knew that the existing structure is lawful)
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e. That any person who has contributed to the support
of 3ABN should be a constituent entitled to a voice in the selection
of the board of directors and the management of the ministry,
referring to donors as "stockholders in the pews";
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That any person who has contributed to the support of 3ABN should
be a constituent and entitled to a voice in the selection of
the Board of Directors and management of the ministry (donors
were referred to by Linda's team as, "stockholders in the pews")
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f. That the 3ABN corporate by-laws needed to be changed
to allow censure, discipline and removal of the officers and
members of the board of directors (NOTE: In fact they already
provide for that possibility)
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That the 3ABN corporate by-laws needed to be changed to allow for censure, discipline, and removal of officers or members of the Board of Directors. [NOTE: In fact the corporate by-laws already provide for those possibilities.)
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e. At least 22 other issues were raised in Forum site references by her team urged for inclusion in the ASI process.
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At least 22 other issues were raised in Forum site references
by her team and urged for inclusion in the ASI process.
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Early on Linda was provided telephone and email contact information.
She was also sent copies of all communications from ASI to her
team. In the two plus months of ASI's attempts to reach agreement
on a process she did not respond. We do not know if Linda shares
in a belief with Joy, Pickle and Matthews that the agenda should
include the matters asserted by her team. She chose not to participate.
It was clear that Joy, Pickle and Matthews had interests far
beyond the issues ASI agreed to consider.
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From the beginning last fall, Linda was provided with all necessary
telephone and e-mail contact information for involvement with
the discussion. She was sent copies of all communications from
ASI (as were Danny and 3ABN). In the two-plus months of ASI's
attempts to reach agreement on a fundamental process for the
panel, she did not respond (except to name Joy as her representative).
We do not know if Linda shares in a belief with Joy, Pickle
and Matthews that the agenda should include the matters asserted
by her team (above). She chose not to participate.
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It became clear that Joy, Pickle and Matthews had interests far
beyond the issues that ASI had agreed to consider.
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The Beginning of the End of Discussions
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We affirmed to the parties that even though ASI supports the
ministry of 3ABN and wishes it to succeed and prosper; that we
could be fair and objective in considering the issues related
to the Shelton's divorce and Danny's remarriage. We also believed
that the panel selected by ASI in consultation with the parties
would be people selected with qualities of spirituality, intelligence
and fairness. However, we never reached that point. We affirmed
to the parties that ASI had no stake in the outcome and were
comfortable with what ever conclusions were reached by the panel.
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We affirmed to the parties that even though ASI supports the
ministry of 3ABN and wishes for it to succeed and prosper, ASI
would be fair and objective in considering the issues related
to the Sheltons' divorce and Danny's remarriage. We also believed
that the panel selected by ASI, in consultation with the parties
involved, would be people who possessed qualities of spirituality,
intelligence and fairness. We affirmed to both parties that
ASI had no stake in the outcome, and that ASI would be comfortable
with whatever conclusions were reached by the panel. However,
we never reached the point of choosing a panel.
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After a week or two into the process Danny and 3ABN ceased exchanging
messages with the other side. That was helpful. Because ASI
declined to consider issues beyond those of divorce and remarriage
Art, Bob and Greg believed they were free to continue contacts
with Danny, Dr. Thompson and others associated with 3ABN. Though
couched in spiritual language their messages were persistent,
confrontational, argumentative and harassing. Our efforts to
stop their direct communications were unsuccessful.
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A week or two into the process, Danny and 3ABN ceased exchanging
messages with the other side. That was helpful. Because ASI
declined to consider issues beyond those of the divorce and remarriage,
Joy, Pickle and Matthews continued their negative contacts with
Danny, Dr. Thompson (3ABN Board chair) and others associated
with 3ABN. Though couched in spiritual language, their messages
were persistent, confrontational, argumentative and harassing.
ASI's efforts to stop their direct communications were unsuccessful.
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Final Assessment
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We believe we have no jurisdiction to consider internal issues
of 3ABN management and the changing of its corporate structure.
Those issues must be left to its' board of directors. We believe
our inability to resolve the fundamental issue of the divorce
and remarriage is disappointing to many. We felt that without
agreement on fundamentals with no likely agreement in sight it
was necessary for ASI to withdraw. The parties and those concerned
are the losers in what could have been a healing clarification
of a divisive issue for all who are concerned.
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We believe that ASI has no jurisdiction to consider internal
issues of 3ABN management or the changing of its corporate structure.
Those issues must be left to its governing body, the 3ABN Board
of Directors. We believe our inability to resolve the fundamental
issue of the divorce and remarriage is disappointing to many.
We felt that without agreement on the fundamental process, and
with no likely agreement in sight, it was necessary for ASI to
withdraw. The two parties are the losers in what could have
been a healing clarification of a divisive issue for all those
involved and concerned.
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We confess that if we would have known how to resolve the matter
we would have done it, but we don't, but God does. We urge that
all who have a concern be respectful, restrained and apply the
Golden Rule as you would wish it for yourself.
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We confess that if we would have known how bring resolution to
the matter, we would have done so. We don't, but God does.
We urge that all who have a concern over these issues and over
the future ministry of 3ABN (and of Linda and Danny) be respectful,
restrained, and apply the Golden Rule as you would wish others
to do for you. And pray for one another without ceasing.
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ASI Executive Committee
by Harold Lance
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The ASI Executive Committee
by Harold Lance
January 24, 2007
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