JUSTICE IN THE CHURCH OF GOD IN CHRIST:

January 23, 2014

DON’T TRUST THE TRUST CLAUSE!

DON’T TRUST THE TRUST CLAUSE!

There is a lot of confusion as to what the ‘Trust Clause” found in the COGIC, Inc constitution really means.  The COGIC Trust clause found in the Official Manual, Article III, Part II, Section D paragraph 9 on page 16 states;

“The said property is held in trust for the use and benefit of the members of the Church of God in Christ with National Headquarters in the City of Memphis. Shelby County. Tennessee, and subject to the Charter, Constitution, Laws and Doctrines of said Church, now in full force and effect or as they may be hereafter amended, changed or modified by the General Assembly of said Church”

How many people really know what that means?  To put it bluntly it gives the National Church ownership of your property.
In Wichita, Kansas, in 2005, in District Court, the former General Counsel said;
” The members of the Church of God in Christ are all members who are a part of the national organization from the headquarters down to the local assembly.”
Since the General Counsel in his official position stated this for the court,  that is the position of the Executive branch of COGIC, Inc.
Did you know you are holding your Church for everybody who is part of the national organization? And here you thought it was for the local members.

Black’s Law Dictionary gives the definition of a Trust as;

1. An equitable or beneficial right or title to land or other property, held for the beneficiary by another person, in whom resides the legal title or ownership, recognized and enforced by courts of chancery. See Goodwin v. McMinn, 193 Pa. 046, 44 Atl. 1094, 74 Am. St. Rep. 703; Beers v. Lyon, 21 Conn. 613; Seymour v. Freer, 8 Wall. 202, 19 L. Ed. 300. An obligation arising out of a confidence reposed in the trustee or representative, who has the legal title to property conveyed to him, that he will faithfully apply the property according to the confidence reposed, or, in other words, according to the wishes of the grantor of the trust. 4 Kent Comm. 304; Willis, Trustees, 2; Beers v. Lyon, 21 Conn. 613; Thornburg v. Buck, 13 Ind. App. 446, 41 N. E. 85. An equitable obligation, either express or Implied, resting upon a person by reason of a confidence reposed in him, to apply or deal with the property for the benefit of some other person, or for the benefit of himself and another or others, according to such confidence. McCreary v. Gewinner, 103 Ga. 528, 29 S. E. 9G0. A holding of property subject to a duty of employing it or applying its proceeds according to directions given by the person from whom it was derived. Munroe v. Crouse. 59 Hun. 248, 12 N. Y. Supp. 815.
Law Dictionary: http://thelawdictionary.org/trust/#ixzz2rGkq7QOw

In layman’s terms, what that means is; you give the beneficiary (the National Church) an equitable (think equity as in equity in your house) interest in your Church.  Their name does not have to be on the deed.  When you join, pay your National Reports, participate and go to the meetings you are on the hook.

The attorneys know this but they talk in legal speak where words have a different meaning to them and the civil court than it does to those not trained in the law.  This I think is done to deceive, when you want to communicate truth you speak the language your hearer will understand.

Different states also handle this differently.  Some states use the “Neutral Principle”, that means whatever name is on the deed, that whose it is.  Others states use whatever their state law says.  The third and the one that is most harmful to the local members is the “Hierarchical Principle”.  You should find out which policy your state uses but remember, it  could change with the stroke of a judges pen.

If the Trust Clause stated it was held for none but the local church members or congregation, it would protect the local church.

As it stands, every chicken dinner, every bake sale done for the church is for the National Church, because of the “Trust Clause.”

Because of the Trust Clause, you are owners in name only.  Which makes you a sharecropper.

January 15, 2014

THE ABUSE, OF THE COGIC SEXUAL ABUSE RESOLUTION

IS THE MISCONDUCT RESOLUTION BEING ABUSED?

The resolution granting the authority to suspend, presented and passed on November 12, 2002 is being used in a manner that causes due process for pastors and potentially all credential holders to be in jeopardy. (Resolution is found on page 2)

It was originally purported as way to protect the National Church from Misconduct involving Sexual Molestation (See the first and last Whereas).

From the Church of God in Christ online Sexual Misconduct course, the definition of Sexual Misconduct is;
Any conduct of a sexual nature that is non-consensual, including but not limited to sexual harassment and sexual assault, or any behavior that has the effect of threatening or intimidating the individual against whom such conduct is directed.  A minor or mentally incapacitated individual can never consent to conduct of a sexual nature.
From the Church of God in Christ online Sexual Misconduct course the definition for Sexual Harassment is;
Sexual harassment, which is a form of sexual misconduct, is unwelcome attention, advances, touching, or harassment of a sexual nature that includes a range of behavior from mild, implicit or subtle transgressions an annoyances to overt and blatant activity or conduct than can involve forced sexual activity in an employment environment.

November 12, 2002 Resolution

November 2002

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This resolution has been misapplied and used as an excuse to deny Pastors their due process under the law of the Church of God in Christ.  It is an act of injustice to use this resolution to circumvent the pastor’s constitutional rights of due process when competent, consenting adults are involved.

One such case is at the Bethel Temple Church of God in Christ in Gary, Indiana in the Third Jurisdiction of Indiana, Bishop E. Bobby Warren is the Jurisdictional Bishop .

When you look at the picture of the church, one wonders if the true motive is the acquisition of the church.

An allegation was made of conduct between two consenting adults.  The accusation have to this point not been substantiated but have been categorically denied, a case of He said/ she said.  The pastor was denied the rights as shown here from ARTICLE VIII, Section B, paragraph 2, sub paragraph, pages 31-32 of the Official Manual;

2 The procedure for the trial of a local Pastor shall be as follows:
(a) When a majority of the members of the Church Of God In Christ have documented evidence that a Pastor of a local church has committed any or all of the offenses enumerated hereinabove, they may file charges against such Pastor specifically setting out the acts and things complained of The original copy of the charges shall be filed in the office of the Secretary of the Assembly of the Ecclesiastical Jurisdiction of which the Church and Pastor are a pan, or with which they are affiliated, and copies thereof shall be filed in the office of the General Secretary of the Church Of God In Christ at its National Headquarters in Memphis. Tennessee.

How will the General Council of Pastors and Elders respond?

Will the council require the law be followed?

As we prepare to celebrate the birthday of Dr. Martin Luther King Jr., I am thought a line from his paper, ”Letters from the Birmingham Jail” where he wrote;

“Injustice anywhere is a threat to justice everywhere.” [Source ]

Bethel Temple Church of God in Christ, Gary, Indiana

Bethe Temple

[Source Google Maps]

December 17, 2013

FIRST COGIC JUDICIARY BOARD: HISTORY REVEALS THE FACTS.

THE FIRST JUDICIARY BOARD

The First Judiciary Board in the Church of God in Christ was established  as early as the 1940′s and operated until the new era of Church Government, (The General Board).  The actions and recommendations of the board was recorded in the General Assembly (first known as the General Council of the Church of God in Christ) Minutes of 1959 as well as 1960.  The minutes verify two cases found in the book “HISTORY REVEALS THE FACTS”, with a date of March 18, 1993 found on the page with a heading “Overview”.  This Judiciary Board operated from at least 1959-1969 and then, for unknown reasons, ceases to exist.  In the 1959 General Assembly Minutes (click here to view a copy) Item #5 shows the Judicial Board addressing a case known as “Richardson versus Jefferson.   In 1960 it shows the Judicial Board making a recommendation the the General Assembly (Click here to view the minutes).

PREFACE

In 1992 a Judiciary Board was elected by the General Assembly and has mistakenly been identified as the First Judiciary Board of the Church of God in Christ.

History has proven this to be inaccurate. The first Judiciary Board, the original, was established in the 1950s by the General Assembly. It consisted of Bishop J. W. White, Bishop C. C. Cox, Bishop A. T. Moore, Bishop W. A. Patterson, Bishop J. L. Lewis, Bishop F. Clemmons, Bishop W. L. McKinney, Bishop L. T. Walker, Bishop Monte J. Bradford, Bishop Van Goodlow, Bishop E. B. Stewart, and Bishop F. J. Hayden.

For reasons that are unknown as of this writing, this original Judiciary Board became inactive and the General Board assumed its responsibilities.

The Judiciary Board established in the ’50s has never been formally dismissed. As you read these pages you will learn of some of the cases that were handled by this board

(Click on the picture below to read the book))

THE FIRST INTERNATIONAL JUDICIARY BOARD OF THE CHURCH OF GOD IN CHRIST1st Judiciary Board copy

December 11, 2013

A GUIDE THROUGH THE COGIC JUDICIAL PROCESS: by Dr. Frederick Jenkins

Dr. JenkinsI have obtained copies of the books; A Guide Through the Church of God in Christ Judicial Process , Due Process for Pastors And Elders  , The Judicial Code of Conduct , and The Church and Government.  I am sharing them to help the people of God navigate the Church of God in Christ Judicial System.   Click on the above titles to view these helpful books.

The author of these books is Dr. Frederick Jenkins.  Click here to read about the author

Corrected contact information:

Contact Dr. Jenkins for printed copies of these publications at;
Dr. Frederick Jenkins
P.O. Box 356
Douglasville, GA 30133
email: drfdj97@aol.com
(678) 836-4573

November 25, 2013

COMPOSTION AND CRITERIA OF COGIC JUDICIARY BOARD: (Who is qualified)

cover_edited-1

Here is the text found in  ARTICLE VIII of the CHURCH OF GOD IN CHRIST, INC. Constitution.  When the word “shall” is used, it indicates a mandate.  There are no choices, there are no other options.  I have placed the items in bold print that pertain to those who are qualified to be the Ecclesiastical (Board of Bishops) representative and who is qualified to be the Ministerial  (General Council of Pastors and Elders) representative.

Click on the manual cover to view ARTICLE VIII in its entirety.

(Excerpt taken from the Judiciary Board Manual)

ARTICLE VIII – JUDICIARY BOARD

There shall be established a Judiciary Board for the Church of God in Christ, Incorporated. The Judiciary Board shall be both an ecclesiastical and appellate court.

COMPOSITION and CRITERIA

The Judiciary Board shall be composed of nine (9) members designated in three (3) categories: episcopal, ministerial, and general.  Three (3) members shall be jurisdictional bishops (episcopal), three (3) members shall be elders other than bishops (ministerial), and three (3) members shall be from the church at large (general).  Each member shall be at least forty-five years of age and an active member of the Church of God in Christ for not less than twenty (20) successive years, a person of mature judgment, proven ability, integrity and knowledgeable in Church of God in Christ constitutional matters.

November 4, 2013

NOVEMBER 3, 2013: THE STILL SMALL VOICE-BISHOP SAMUEL P. NESBITT

Brown Bishop Nesbitt Book copy

   TO READ THE LATEST LETTER WRITTEN BY BISHOP SAMUEL NESBITT, CLICK ON THE BOOK COVER

       TO:    The Presiding Bishop, General Board, General Assembly, Board of Bishops,
                  Council of Pastors and Elders, Officers, Members and Friends,
                  Church Of God In Christ, Inc.

October 2, 2013

LAWSUIT HAS BEEN FILED AGAINST COGIC BISHOP JOHN SHEARD

As reported by WGCL-TV in Atlanta, GA, a lawsuit was filed by Bishop Larry Shaw against Bishop John Sheard, Chairman of the Board of Bishops and Elder William McCray III on October 1, 2013.  To view report by WGCL-TV click here. 

To view the complete 15 page complaint, click on the cover page below.

Elder William McCray

                       William McCray        Bishop Sheard

Bishop John Sheard

Lawsuit

September 24, 2013

UPDATE TO THE COGIC LEADERSHIP CRISIS

 

“For the leaders of this people cause them to err, And those who are led by them are destroyed.” Isaiah 9:16 (NKJV)

The current Leadership Crisis in COGIC is not dead, neither is it going away.

It appears a lawsuit in which the Chairman of the Board of Bishops, Bishop John Sheard is going forward.

 

Click on this image to see the first letter

1926 Charter

 

 

 

 

 

Click on this image to read the demand letter

1926 pg2

August 29, 2013

COGIC LEADERSHIP CRISIS

A CRISIS IN THE RANKS OF COGIC LEADERS

There appears to be a crisis with the leaders of the Church of God in Christ.  Bishops Larry Shaw and Thomas Holsey have sent a notice of intent to file a Federal Lawsuit against Bishop Blake, Bishop J. H. Sheard and THE CHURCH OF GOD IN CHRIST, INC. alleging violations of the RICO laws.  This appears to come out of the pursuit of Bishop Holsey and other issues.  The Word of God tells us Christ gave himself that he might present it to himself a church without spot or wrinkles (Ephesians 5:26-27).   When we as “saints” of God do these things, we cause the Name of God to be blasphemed, and if those in leadership are guilty, it is much worse.  God places a greater responsibility on leaders because of the damage caused the body of Christ if and when they fail the God say’s;   “For the leaders of this people cause them to err, And those who are led by them are destroyed.” Isaiah 9:16 (NKJV).  God also told David his sin with Bathsheba gave the enemies of the Lord great occasion to blaspheme (2 Samuel 12:14)

TO THE LEADERS OF THE PEOPLE OF GOD

(21) “You, therefore, who teach another, do you not teach yourself? You who preach that a man should not steal, do you steal? (22) “You who say, “Do not commit adultery,” do you commit adultery? You who abhor idols, do you rob temples? (23) “You who make your boast in the law, do you dishonor God through breaking the law? (24) “For “the name of God is blasphemed among the Gentiles because of you,” as it is written.”[Romans 2:21–24 (NKJV)]

  According as he hath chosen us in him before the foundation of the world, that we should be holy and without blame before him in love: Ephesians 1:4

But fornication, and all uncleanness, or covetousness, let it not be once named among you, as becometh saints; Ephesians 5:3

26 That he might sanctify and cleanse it with the washing of water by the word, 27 That he might present it to himself a glorious church, not having spot, or wrinkle, or any such thing; but that it should be holy and without blemish. Ephesians 5:26–27

Below is a copy of the “letter of intent to sue” sent to Bishop Sheard and Bishop Blake: It was subsequently sent from the office of the Chairman of the Board of Bishops.

Click here to view the letter of intent.

Click here to view a document written by the First Vice Chairman of the Board of Bishops.

Click here to read an article which appeared on the web site of Cogic Abuse

Click here to read Bishop Nesbitt’s letter.

Click here to read the letter Enough is Enough

Also read this article at Cogic Abuse

Click on the image below to read a letter from Bishop S. P. Nesbitt dated September 7, 2013  Brown Bishop Nesbitt Book copy

August 14, 2013

TO THE PRESIDING BISHOP, et al; BISHOP SAMUEL P. NESBITT: THE STILL SMALL VOICE August 11, 2013

Here is the latest letter, written by Bishop Samuel P. Nesbitt, dated August 11, 2013.  Click on the book cover to read it.

Brown Bishop Nesbitt Book copy

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