On Wednesday, 1 October 2014 15:19:22 UTC+10, Peetee Aitchei wrote:
> Extracts from the Official Minutes PLUS
>
> Extracts from: 1983-10-23 Harold Klemp Speech Q&A HI Meeting at Seminar
>
In June 1983 --
Trustees Sri Darwin Gross, Sri Harold Klemp, Alan Nichols, Peter
Skelskey, Bob Engel, Gordon Champion, were present. Also present were
Bob Brant, Secretary, and Jan Davidson.
FYI the three parties to be terminated, without notice on August 7th, 1983 were:
Sri Darwin Gross, ECK Master, Trustee, President & CEO of ECKANKAR
Mr. Alan Nichols, Trustee, Chairman of the Board, and Corporate Lawyer for ECKANKAR.
Mr. Bob Brant, Trustee, Corporate Secretary of the Board, and ECKANKAR Head Office Manager.
None were ever investigated or interviewed by law enforcement officer, or any
other Government authorities, nor were any ever charged with any Offense,
Felony, or for failing in their legal and moral duties as a Director or as an
Employee of the Corporation.
FACT: that is the whole truth of it, right there in a nutshell.
No accusation that was ever made against them, by anyone from Klemp down, has
ever been proven in a Court of Law, Civil or Criminal, Federal or State.
NEVER !
--- ---
So the most likely question arising from all this could be:
"Well, if that is so, then how come Darwin Gross lost his Civil Case
against ECKANKAR in 1985, because it was finally dismissed by the Federal
Court Judge?"
Hey that's a great question!
The reason is because Darwin Gross lost the case on a minor legal technicality.
Something that he himself had contributed to, and so he also contributed to the loss.
Gross' case was only about one thing -- seeking to have Lifetime Employment
Contract honored by the Corporation. That being a retirement income, home and
other benefits for Life.
That was ensured for him, whether he still had a "job" to do in Eckankar or not.
That was the standard basis of the AGREEMENT with the Board of Trustees, and it
had been that way since circa 1971 when he first took on his responsibilities.
It all came down to one simple thing - The Board and Gross never 'technically'
had his new 1982 Lifetime Employment Contract ratified officially and legally
implemented and put into 'effect'!
The reason is this was a new contract specifically because he had raised Klemp
to the position as the new LEM in 1981, and the Boards decision earlier in 1981
to change the Bylaws to reflect the requirement that the LEM must also be the
President and CEO of the Corporation. This when Gross was still the LEM.
Because of these two things occurring, by the time Klemp was made LEM in October
1981, then Darwin's employment contract was no longer reflecting the real
changes in his role. So new Employment Agreements had to be created for both
Darwin and Klemp to reflect the new reality.
It was never about Gross hiding anything about his salary or his contract,
beyond the usual privacy issues regarding anyone's Employment Contract and
Salary details. The new contract simply never went through the required
'formal' process of being signed off and passed as a Resolution by the Board
or any other Officer of the Corporation.
Why is that?
Simply, because the REALITY kept changing from Oct 1981 onward. The Corporation
Bylaws were eventually legally processed post Oct-81, and before Jan 1982 when
Klemp was Voted in as the new President and CEO.
So everything was set up by then, and at that Board meeting in January 1982
discussions were had about both Klemps and Gross' Employment Contracts to be
revised as soon as possible and ratified, iow finalized and put into legal
effect. That never happened.
For, unfortunately for Darwin, at some point his pre-existing Employment Contract
became null and void. Why? Because Gross was no longer the LEM or the President.
The contract lost it's legal effect, and this point was critical in the Court's
eventual judgement. Had that prior Employment Contract still been in effect, then
Gross would have won the Civil Court case against ECKANKAR hands down.
Therefore Gross had been working as an 'employee' and 'Trustee' without any
Contractual protection from Jan 1982 all the way through to August 1983.
The work was done on the two new contracts, when time permitted, but then in
April 1982 Klemp suddenly resigned as President. Everything was turned upside
down, yet again.
This was accepted by the Board, and Gross was requested to replace him
immediately, which he did. Though it was NOT what he wanted by accident or design.
So at this point again both non-ratified employment contracts became Null
and Void by default anyway. They needed to be redone all over again.
That of course took time, and was always a low priority. What was the #1
Priority for Gross and the Board and the Office staff, and the Legal help was
keeping the wheels turning in the ECK Office, amid much change, stresses, and
challenges and there was more than enough to do already.
Each individual staff members own employment contracts, such as Chris Morris',
always took precedence too as far as time was concerned, but even those were
processed very slowly. Still every one got paid, and everyone was treated AS IF
their Employment Agreements had the power of legal effect anyway.
Surely that was the right and proper thing to do. How could anything else be
seen as appropriate and ethically sound than to honor the spirit of all such
agreements even if they had not be legally signed off perfectly?
But here is the rub, because despite all that, Darwin got on with the work he
was given or took on, and he still got his NEW salary and benefits anyway. It
was a minor piece of "paperwork" that fell through the cracks in a busy Head
office and a very busy Board of Trustees schedule.
Most likely it is because he and everyone else were always TOO BUSY they kept
postponing it. The right people couldn't get together at the same time to
discuss the details or sign off on it, or get the documents to the full Board
meeting as was the requirement to legally put the contract into effect.
Plus I suspect most kept forgetting all about Gross' Employment contract
needing to be finalized, Gross included. No doubt about it, he would never
have thought it would be so important down the track.
There is certainly no record anywhere of Klemp or Skelskey raising the
importance of this issue in the Board meetings and insisting this get done
properly and in a timely basis. For example part of the Contract related to the
employee becoming partially or permanently disabled and unable to continue his
job duties, of moving into retirement, and what happened if he resigned. But
there was nothing in there about if he was terminated by the Board.
No one would have expected that kind of thing to happen, as Gross was a fully
fledged long term ECK Master after all, and he had a great job up to this point.
The Corporation and the teachings and membership growth was doing very well
overall. It was functioning quite OK, despite massive growth in the
preceding decade.
Who would had predicted he would ever get fired on the spot?
Now, Chris Morris as an example, didn't have his employment contract formally
ratified properly either for almost a year. But he still got paid too.
So rather than abide by the SPIRIT of the Law/Contract, under Klemp the
directive was to do anything possible to not HONOR that Contractual Agreement
if a "legal technicality" or anything else could be used to block that
agreement being enforced, which is what Gross was asking for through the
Courts.
Why did Gross take it to court? Simple, from August 1983 no one would talk
with him about it. Despite repeated requests for meetings and communication
about the issue, his salary was cut almost immediately on his termination,
and then a week after the Oct 1983 seminar, all payments and all benefits
were cancelled outright. Plus he was given 7 days notice to quit living at
the Corporation owned property in Salishan (Glen Eden) Oregon.
On top of this all kinds of complex legal issues were swirling over the
"truck", bank account funds, Twitchell's archive of manuscripts and writings,
and many other issues. His secretary Bernadette Burlin was likewise out of
a job too.
Remembering in all of this drama, that Darwin Gross had willingly taken on
the Role of the Mahanta, the living ECK Master from Sept 1971. He worked
himself into ill health and exhaustion, stepped up to the plate repeatedly
especially when it became obvious Klemp was way out of his depth and
incompetent as President/CEO/Trustee or even turning up to work in the
Office like any other normal person would.
Darwin worked 24/7 365 days a year from 1971 to August 1983, and was left
destitute and in debt, and with his reputation and self-esteem shattered by
the time Klemp and ECKANKAR was finished with him.
--- ---
Ever heard of a "personality clash"? Seriously it doesn't take two to
tango it really only takes one. Still, in any "marriage" or "relationship"
neither party can really ever accept anything more than 50% of the blame
and in this case, Klemp claimed he held ZERO % responsibility for what
happened, but that Gross was 100% at fault.
That is absolute rubbish put out by a dysfunctional Trustee & President,
and a very paranoid and mentally unbalanced one at that. Plus an incredibly
incompetent one at his own duties as a Trustee on the Board. He was useless
as tits on a bull, as is a common saying in some quarters.
On top of that he was pressured to act by the letter from Patti Simpson
Rivinus who, supposedly on behalf of the 8ths, had demanded of Klemp, with
threats of action if he refused, that Gross be terminated, or else.
Team Eckankar!
Here is the REALLY LOWEST ACT OF ALL though.... Klemp, Skelskey, the Lawyers,
eg ESLER & Co., and many others in ECKANKAR have ALWAYS known this. And never
told the truth about it to this day. Their sworn testimony is clearly
questionable and evasive, and not credible.
Including when they were giving Depositions Evidence Under Oath in this Court
case during 1984-1985, and other matters proceeding through into the 1990s.
--- ---
Now the FACT is, Harold Klemp, also had been provided with basically the EXACT
SAME EMPLOYMENT CONTRACT as Darwin Gross had, but which reflected the different
duties at that time, and as they changed through 1982.
Yes, the Salaries were different, but so was the WORK and the EXPERIENCE that
each brought to the table.
As at August 7th 1983, KLEMP's LIFETIME Employment Contract had also NEVER
BEEN OFFICIALLY RATIFIED by THE BOARD either!!!
It took MONTHS for that to finally be validated and LEGAL Under the Law AFTER
Gross was terminated.
It too was Null and Void, and so legally it did not exist the day that Gross
was terminated by the "Board" at Klemp's personal insistence only. Without
anyone hearing Gross side of the story, and extremely limited, mainly hearsay
gossip based reports, being used to justify his immediate termination to the
Board members.
One of the biggest and untrue gossip stories was that Gross was planning a
schism in Eckankar, and that he was taking 50% of the staff up to Oregon.
One key source for these mythical stories? - Joan Cross (Klemp). She did ok
long term, Gross didn't. Not only were these thing totally untrue, but Klemp
himself has insisted they were 100% True to this day, and that Gross must go.
That's some Mahanta level wisdom and insight right there.
--- ---
Fact is, the ECKANKAR BOARD of TRUSTEEs, before or after August 1983 could
have sacked Klemp anytime they chose to and there wasn't a damned thing he
could have done about it - if he had sued them in Civil Court KLEMP would have
lost the Case as well!!!
THINK ABOUT THIS ... it is really important.
In fact, it is a CRITICALLY important FACT.
The wise will therefore recognize why all the LIES and SPIN, and THREATS over
all were so necessary in 1983.
Good one Patti Simpson-Rivinus, Gail Twitchell-Gross-Anderson, all the 8ths of
that time, the overly-sensitive gossip heads with the evil tongues wagging, and
all the extremely naive though manipulated Trustees on the Board at that time.
Great Job.
A few years later, Patti Simpson Rivinus and Gail Twitchell totally divorced
themselves from the Organisation run by Klemp. Their favorite anointed son
and ex-Klemp work buddy, Doug Marman, about two decades later, also no longer
supported Klemp either.
Oh what a web we weave when at first we do deceive!