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Round One: Gailon Joy
"Proposed Foundation for Hearings Regarding 3ABN"
Gregory Matthews had been heavily involved in the 3ABN situation for quite some time. Since
he, as well as others, had given input into the modifications Gailon Joy proposes,
Gailon sends a copy to him as well as to Linda.
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-------- Original Message --------
| From: |
G. Arthur Joy |
| To: |
Harold Lance, Esq |
| CC: |
Linda Shelton, Gregory Matthews |
| Subject: |
Proposed Foundation for hearings in re: 3ABN. |
| Date: |
Mon, 27 Nov 2006 00:59:31 +0000 |
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Harold Lance, Esq:
This is Linda's response to GW's initial inquiry. It is
Linda's position that certainly some issues would be best addressed
by a fair and honest panel, to achieve clarity and an open understanding
by those who continue to wonder just what was the story. The
process should be conclusive and cathartic and therefore available
for all SDA's everywhere to see, hear and read. Only this
open process will bring closure to this festering issue.
This is to begin discussions ... any thoughts, concerns, additions
or just observations are clearly welcome. Linda's team and I
have serious concerns regarding your neutrality and need clarification
regarding your position, particularly as you have served as a
past ASI President during the history of support for 3ABN.
There have also been certain representations by Danny and Walt
that would suggest that ASI and yourself are not as "neutral" as we
would prefer you to be. This should be addressed and clarified
for the record. If this process is a waste of time then we need
to move on.
We are certain that the record will exonerate Linda and indict
Danny, in some cases 3ABN as an entity, in other cases 3ABN's board,
and in at least two cases, ASI policy relating to the governance
and accountability as well as the taking of tithes by ASI members.
These issues need to be resolved for the best benefit of the
church, ASI and SDA members everywhere. To pretentiously close
the door to continued discovery and the open provision of certain
documentation is an "obstruction of due process" and in some
cases is a violation of their 501(c)3 non-profit status as
an entity that solicits funds from the public. Therefore, we
would request that some items, such as board minutes and financial
data, be available for immediate viewing. Other information and
inquiries should continue to be simply answered.
Also, the "purported evidence" that is the basis for 3ABN's
allegations nearly three years ago should be made fully available
as quickly as possible in the process for the defender to prepare
a proper defense. I am certain you understand the need for this
fairness doctrine as a matter of due process. And it is the minimum
requirement for the process to go forward. I just don't know
what it is they are finding so essential to hold under lock and
key, but perhaps you could act as an "in camera" magistrate on
this "purported evidence" that has so mystified so many for so
long and that Mollie Steenson purportedly controls.
3ABN and Linda both have claimed to be proponents of openness
and transparency and the hearings should meet this fundamental
standard or there is simply no purpose to the process. Every
SDA has a vital interest in the outcome, as does ASI and its
membership. They are entitled to have access to the record, the
findings, and the recommendations, and to know the implementation
of those recommendations, particularly as it affects the "stock-holders
in the pews" and the future of SDA media ministries.
We await your responses with bated breathe in anticipation
of an ecclesiastical process that will work for all the parties
in interest. If you have any inquiry of Linda, her e-mail address
is listed above and feel free to communicate any questions directly
to Linda. You will find her hospitable and a woman of great faith.
Worthy of communication!!! Legend: Red is the proposed addition by Linda's team;
Light Blue are the recommended deletions by Linda's team;
Black italics were the recommended changes by GW
The other are apparently transcriptions of GW to Linda on behalf of ASI or yourself.
GW's proposal with Linda's proposed changes is presented below:
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The italics part was my suggestion, but in talking to Harold
the second time, he said that he felt my suggestions could be
incorporated without stating them as I did. He especially felt
that if any non-Christians were interviewed, they might not want
prayer. That seems reasonable to me. If God wants the prayer
times spelled out, He can intervene. I've seen that for sure.
ASI has been asked to develop a process for addressing issues
between 3ABN and some of its personnel, past and present, specifically
including, but not limited to, the appropriateness of the divorce
of Danny Shelton and Linda Shelton and the remarriage of Danny
Shelton. The matter has been addressed by the ASI Executive
Committee who has authorized the further exploration of the possibility
for its involvement in the process. The Commitee has asked that
Harold Lance explore further and report back (by what date?) with
recommendations. What do you envision the timeline for this process,
what additional issues will be included, and how much time do
you intend to set aside for this tribunal?
The following are some preliminary proposed considerations
for a process of inquiry to be discussed by the ASI Executive
Committee and later to be submitted to 3ABN, Danny and Linda
Shelton (and what other parties?) for their consideration:
A five person panel shall be selected from a pool of
qualified panelists to be presented by the ASI panel to the
parties for consideration and background inquiry (voir dire questions)
regarding potential conflicts or bias group
of five persons
to consider the issues will be selected by ASI, with input from
the parties, and will not include the current or past officers,
directors or leadership past or present
of ASI. The gender representation of the group will have no more than three men and no less than two.
The same is true for women. The persons chosen will be selected
for their reputation of fairness, integrity, spirituality and
their lack of any stake in the outcome. When first selected,
each person of said group will be set aside in a prayer of anointing
for wisdom, discernment and power over evil, in full measure
by the Holy Spirit. Each person is to verbally and in writing
accept the responsibility and confidentiality as outlined
herein. He/She will pledge to pray daily until the meeting takes
place for persona l puri fication and baptism of the Holy Spirit. The place of the meetings to be at a neutral site in
the "area." (we need a definition of "the area") The costs associated with the process will be paid by
3ABN. 3ABN, Linda Shelton, and Danny Shelton and other parties
will be contacted for their input on the process and on basic
ground rules prior to selecting a panel for the issues to be
addressed. Also need clarity regarding what issues the panel
will be allowed to hear, who will be defining the complaints
to be discussed and for what period of time. Each side will state in writing what they consider the
complaints to be addressed, issues are and that need resolution
and a brief their belief as to the facts related to those charges,
allegations, concerns or issues and the damages or proposals
to be considered, and will self discover and make available any
evidence to be brought into the tribunal with an explanation
of its import or relevance to the specific issue being addressed
with the brief or as discovered thereafter but not [less] than
fifteen days prior to the hearing on the matter. Each side will state in writing what they think would
be a proper outcome on the issues. The meetings will start with a group prayer of all persons
involved: each party, witnesses and ASI Group
Panel members.
The meetings will be conducted in a closed door session when
appropriate under the executive session rules, however, in keeping
with the rule of openness and transparency a written report of
the issues, evidence, facts established and findings with recommendations
and actions taken to implement those proposals or recommendations
within 30 days of the completion of the hearing on an issue or
issues and shall be made available for public review. A transcription
by recordation shall be available to each party upon completion
of the hearings. The meetings will be private, not recorded
nor open to the public. The members of the Group
Panel may
take notes. Said notes will be purged after completion of the
process. The parties will not be involved in a process of public
discussion, through email messages, news releases or announcements
on matters related to the process during the hearings. Only the
entire report, findings and recommendations of the panel can
be referenced after the hearings by any party. A copy of report
of the issues, evidence, facts established and findings with
recommendations and actions taken to implement those proposals
or recommendations and the transcript by recordation, shall be
available to each SDA college / university heritage room 30 days
after the completion of the hearings. This is essential to guarantee
the objectivity and fairness of the panel, its findings, its
recommendations and that the church may be satisfied or clearly
dissatisfied that the recommendations were properly implemented
and can carry forward whatever discipline is deemed neccessary
based upon the actual record. This is in keeping with the principal
of openness and transparency and is vital as the entire SDA church
has a substantial interest in the matters being considered.
Each side may have a representative(s) present during
the taking of information. Only panel members may be present
but not during the Panel's group's deliberations.
The representative will not be a lawyer or one acting
as an advocate but as presenters, counsellors and a facilitator(s)
of the various issues and the process and will be identified
to ASI in advance in writing by the party. The person selected
will be the person who will work with Harold Lance, on behalf
of ASI, in arranging the details of the process. No volunteers
or intermeddlers will participate in the meeting processes involved
in making arrangements. There will be prepared in advance a defined schedule
for the proceedings and the sequence of the process with input
from the parties. The questionings of persons or witnesses brought in
for information on issues will be done first by the representative,
party or presenter to introduce the matter at issue, the testimony
of the witness and the supporting evidence then can be questioned
by the other representative or party to the issue and then by
the panel by the ASI Group moderated by its Chairperson, not
by the parties or their representatives. Clarification rebuttal
questions may be asked by the presenter and the respondent in
that order following completion of the panel's questions.
The panel can then ask questions relating to the clarification
questions raised. The parties or their representatives will have
opportunity to submit to the ASI group written suggestion areas
of inquiry. (And what if the panel has no idea what to ask or
decides not to ask the questions proposed by a party? Just what
appellate process would preserve the integrity of the process?) Any party wishing to furnish written documentation for
consideration should do so with the delivery of their written
statements. Any additional information should be made available
as soon as practicable for each issue to be considered but must
be presented not less than fifteen will have seven days
in advance of the meeting to furnish a copy to ASI for distribution
to each party. (Is any other information treated as In Limine
evidence? And what if an issue is raised by surprise at the hearing,
by what process is the right to challenge the surprise to be
preserved?) Before the scheduled meeting, each party will submit
to the Group a list of persons they plan to present and a factual
summary of expected information. The Group will pray with
each party and "witness" for clarity of mind, pureness of
heart and openness to God before his testimony is heard. (Will
witnesses be "sworn in" and under oath?) The purpose of the process will be to bring clarity
and truth founded upon the principle of openness and transparency
based upon factually accurate information, to publish findings
of facts, to make recommendations and to preserve the record
of the hearings and do so with perceived guidance from the Holy
Spirit. The meetings will not be as a court trial.
When all parties are done presenting their information, the
Panel Group will have prayer for the guidance of the Holy
Spirit and begin deliberations. Upon completion of the process,
the Panel will promptly issue a written statement to ASI and
the parties as to its factual findings and upon those findings
define suggested recommendations for the "parties," as ASI recognizes
it does not have authority to order or award anythi ng. The
value of the process for the parties will be that an independent,
fair-minded panel will give its best judgment as to the truth
of the matters under consideration and recommendations for resolution
of the issues.
(So we are avoiding binding arbitration on the issues here?
Again, what is the purpose and value of this process if there
is to be no change based upon the "recommendations" and the respective
parties do not need to comply with the findings? Is this a wise
process if it is not to be final and binding upon the parties?
Don't we already have a load of "statements," "recommendations,"
including "ecclesiastical" declarations that are completely out
of order!!! And why would 3ABN waste the time and money upon
such a process that is not binding and how is it of value to the SDA Church body?)
Frankly, I am concerned with the value of this process and
would like real clarity of just what the 3ABN board has specifically
authorized: I would like to see the actual request from
the 3ABN board to determine their purpose and intention, including
actual intention regarding recommendations and breadth of topics
to be considered.
I am also not certain you have any grasp of the number of
issues we had requested that ASI take into consideration. It
would probably be wise to brief you regarding the issues we intend
to address, and you could better consider the value of the process
and to what issues you feel it would appropriate for the ASI
Panel.
Gailon Arthur Joy on behalf of Linda Shelton BE IT KNOWN TO ALL INVOLVED that God alone is the "Restorer
of the Breach." By accepting this assignment as "liaison," ASI
is but a tool in the hand of God to accomplish His purpose.
May His name be exalted as a result of this process
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