This action might not be possible to undo. Are you sure you want to continue?
by Larry H. Brennan Former member and Legal Branch I director GOWW; Former Corporate Missionaire / Office of the Controller; Former Special Unit Corporate Execution, and Former Special Unit in Charge / Watchdog Committee Member X Closing remarks by former member Mary McConnell (“AnonyMary”)
Tom Cruise’s motorcycles flanking Miscavige’s Harley at his $70 million palace. [Source] This is the personal residence of David Miscavige in Hemet, California at Gold Base. [Source]
“How To Guide” for OSA Possible Ramifications Additional Information
“How To Guide” for Scientology’s Office of Special Affairs (OSA)
As a corporate, legal matter, it could be quite easy to remove Miscavige. All you really need is the support of whoever are the RTC Trustees and a copy of the RTC bylaws that show how to remove board members including the Chairman of the Board. If it is still like it was in my day when I helped design such corporate papers, RTC is legally run and controlled by three “bodies”: the trustees, the directors and the officers. You may find that it is still true that there are between 3 and 7 trustees and that their sole purpose is to elect the board of directors. Trustees must be given access to all records of the corporation, they fill vacancies in the board and they have the power to remove a board member. I believe that to remove a director the trustees must vote unanimously to do so and they can remove a director when the director no longer qualifies to be a member of the board. Possibly, though you only need a majority of trustees to do this. Check your current bylaws. As far as directors go, there are maybe 3-5 of them as per the bylaws and one is listed as the Chairman of the Board (which will be Miscavige). As per the bylaws, at least this was true of the bylaws we prepared in the early 80s; no director can be a trustee. The board members have normal corporate powers generally assigned to board members. This includes them appointing the normal corporate officers such as president, secretary and treasurer. The senior most power in those three groups within RTC (the trustees, the directors and the officers) is thus with the trustees, through their power to control the directors, who in turn control company business via the officers or otherwise. As David Miscavige is a director, he could not also be a trustee unless the RTC bylaws were changed on this point since my days in there. This means the trustees can remove Miscavige and he only controls them through intimidation and the like. Reasons for removal of a director by a trustee can be found in the RTC bylaws. They used to, and probably still do, include such things as: 1) No longer being in good standing with the mother church (CSI); 2) No longer a proven executive as shown by statistics (your empty orgs betray the fact that there must be horrible key statistics under Miscavige’s reign); 3) Violating the goals and purposes of RTC as will be laid out in the bylaws. Check them out. They likely include things like having to follow the creed of scientology, having to comply with the laws and having to follow some listed star-high goals of RTC. Easily you will find reasons here to remove Miscavige.
Therefore, you OSA legal folks who want to remove Miscavige with a view towards stopping the horrid abuses he oversees and/or carries out just need to get the trustees to remove him. Perhaps you can do something like this: A) Find out who are the trustees and board members of RTC and list them; B) Just for the heck of it, do the same for the “mother church” CSI; C) Find who on those lists are no longer still active in the management of organized scientology or who otherwise are not there and thus no longer meet the qualifications of the positions as per the bylaws; D) Now see who is left as the trustees and directors of RTC and CSI once you take off the list those covered in “c” above; E) What you have left are the current trustees and directors of RTC and CSI. Look at the trustees of RTC. Can you trust them as ones who could potentially stand up to Miscavige? If the answer to E) is “yes”, do up a unanimous written consent of the trustees pointing out how Miscavige is no longer qualified to be a director and removing him as Chairman of the Board. Do the same for any other directors in his camp also doing abuses. Take this and those trustees and any director willing to fight with you to one of the main scientology corporate attorneys saying you are the main officials of the corporation, you are hiring him/her to help you remove this cancer from your organization and want it carried out immediately. Having an officer with you, like maybe the president, could also be helpful although not mandatory. If you know any top corporate scientology attorneys who already show they dislike the abuses, it would be a plus to go with them. Probably best to stay away from attorneys who have also personally represented Miscavige and who anyway are not likely highly competent corporate attorneys (like Yingling or Drecher). He/she can tell you exactly how to do it. Work out the details of carrying this out such as escorting Miscavige off the premises, getting his keys to company cars, houses, etc. removing him as signatory of any accounts and the like. As well, be sure to include the internal PR of announcing it to all staff. It would be a plus if you also could get the trustees/directors of CSI to declare Miscavige no longer in good standing with organized scientology. This alone would legally disqualify him from being a board member of RTC. Once you have done the above, clean up the trustees/directors in CST and CSI to ensure you just have people who are not abusive and not puppets to Miscavige. (As a side note, if you could only get to the trustees/directors of CST who want to see the abuses end, there is a clause in a CST/RTC contract where CST can cancel the contract to RTC and the intellectual property rights that go with same should RTC place the rights in danger. I suggest Miscavige has placed them in danger in many ways, not the least of which is
the utter collapse you are seeing in scientology worldwide. The attorneys who could have helped on this matter were Sherman Lenske, Meade Emory and Leon Misterek but that goes way back to the early 80s. I do not know if any are still around though. I could give more details of this as well if needed. Doing this would be poetic justice as CST is really setup to be the way to start organized scientology all over again should the current structure with RTC, CSI, etc collapse. It was designed that way with a view towards defending against attacks from outside the structure. How just would it be if it were used from the inside to oust the bad guys as above?) OK look, I know this may not be possible as perhaps none of you OSA types who read this would have the courage to try it. Anyway, who knows who the trustees/directors actually are nowadays? Maybe none of them have the courage to do this either. Nevertheless, it is worth looking into and possibly would be a lot less difficult than you might think. Moreover, this essay is likely going to end up in some OSA files somewhere and who knows who will read it some time down the line and realize how easy it really is to remove an abusive dictator like Miscavige or even, through CST, start organized scientology all over again. I have been asked a number of times to help support removing Miscavige from power through some form of coup and declined each time. That is not because I did not care. I declined because I wish to have nothing to do with organized scientology in the future and have no desire to be a scientologist in any way. I also advised against the plans suggested to me as I felt that they were ill advised if not illegal. The above is my final response as someone who helped design the whole corporate system, who once ran OSA and who ran legal outside of the courts for more years than anyone else did. Once again, those running organized scientology in a destructive way are far easier to remove from the inside than from the outside. If you want to take out the great abuser, get some courage and do it. Check out the above as a possible legal way to carry it out if you and some trustees are willing. If it doesn’t work - fine, figure out your own way. Just stop complaining about Miscavige and his abuses if you are in a position to do something about it yet choose to do nothing. This corporate stuff is really designed to stop attacks from outside of it be they civil actions or governmental actions. It is not nearly as strong for stopping attempts from inside of it to remove bad leaders. It is doable if the trustees agree. You just have to have some courage and do it!! Realize that Miscavige is truly a coward and controls you through fear and intimidation. Get over it and do something, legally of course. If you don’t and you are in a position to do something, you become just as responsible for the abuses as Miscavige in my opinion.
Possible Ramifications of this Plan
Miscavige probably is dumb enough to finish the job of wiping out the very people who have spent good portions of their lives to support him and keep him in power. He has proven this repeatedly for decades. He was the most immature in a group of immature kiddies who made Hubbard their god and did his bidding no matter how wrong or insane. Hubbard often turned on them (like the parts of the GO that never committed crimes, many CMO execs, etc.) and Miscavige does the same. For those interested in seeing abuse, lies and the like end I agree this can be win-win no matter which way it goes. In addition, can you just imagine the entertainment value should there be an internal "holy war" with two or more sides spending millions of organized scientology money to fight for control of it all? Courts try not to get involved with "religious disputes" but they would be forced to get involved with this one if only to decide who had what corporate powers and thus the right to appoint or remove people. One of the many things that Miscavige is too dumb to grasp is that he could win every single legal battle (labor cases, fending off inquiries, criminal actions started by government departments, even suits for control of the "empire", etc.) and STILL completely lose the war. This would be because of the truth getting out in these actions causing orgs to empty, big donors to leave and organized scientology to die the death of cash starvation. As long as the actions are legal and get out the truth, and help stop the many horrors found in organized scientology, I for one support them. Nothing may come of this particular suggestion but it does have high entertainment potential if nothing else. Larry Brennan – aka LarryBren April 5, 2010 [original source]
Additional Information [Compliments of AnonyMary]
To find out whom the current officers of Church of Spiritual Technology are; one has to find out from their State of CA corporate filings of record under their CA non-profit corporate ID Entity Number: C1074287. Every 2 years CST is required to file form SI-100 with the Secretary of State in CA. That form must contain the names, titles and addresses of CST’s corporate CHIEF EXECUTIVE OFFICER, SECRETARY, and CHIEF FINANCIAL OFFICER. Form SI-100 STATEMENT OF INFORMATION (Domestic Nonprofit, Credit Union and Consumer Cooperative Corporations)
Items: Enter the name and complete business or residential address of the corporation's chief executive officer (i.e., president), secretary 4-6, and chief financial officer (i.e., treasurer). Please do not abbreviate the name of the city. The corporation must have these three officers. Any number of offices may be held by the same person unless the articles or bylaws provide otherwise, except, in the case of a nonprofit public benefit or religious corporation, neither the secretary nor the chief financial officer may serve concurrently as the president or chairman of the board. (Corporations Code sections 5213 or 9213.) Please note, unless the articles or bylaws provide otherwise, the president, or if there is no president, the chairman of the board, is the chief executive officer of the corporation. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered, except in the case of a consumer cooperative corporation, which may include the name and address of its general manager in lieu of the name and address of its chief executive officer. [Corporations Code section 12570(a)] NAMES AND COMPLETE ADDRESSES OF THE FOLLOWING OFFICERS (The corporation must have these three officers. A comparable title for the specific officer may be added; however, the preprinted titles on this form must not be altered.) 4. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE 5. SECRETARY/ ADDRESS CITY STATE ZIP CODE 6. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE The SI-100 form is available online at the following URL: http://www.sos.ca.gov/business/corp/pdf/so/corp_so100.pdf Please note, anyone can get the corporate STATEMENT OF INFORMATION report on the current trustees, you just have to make a request through the proper channels as outlined on the link below and then pay for copy request as summarized on the following page. Information Requests - Business Entities - California Secretary of State
COPY REQUESTS PLAIN (UNCERTIFIED) COPIES: $1.00 for the first page and $0.50 for each additional page; and CERTIFIED COPIES: $1.00 for the first page, $0.50 for each additional page AND $5.00 certification fee per document. If the number of pages is unknown when ordering copies, you may send either a check in the amount of $20.00 per entity (refunds will be issued for amounts over $5.00) or a blank check with a not to exceed amount written below the payment line (e.g., “NOT TO EXCEED $20.00”). A notice will be included with the order indicating the amount for which the check was completed. If the fees provided are insufficient, a fee letter indicating the total amount due will be sent to the requestor. The order will be completed upon receipt of the total fees. http://www.sos.ca.gov/business/pdf/be_ircform.pdf
Compiled by Anonymous :: 21 December 2010 SPEAKING OUT ABOUT ORGANIZED SCIENTOLOGY: The Collected Works of L. H. Brennan by Lawrence H. Brennan is licensed under a Creative Commons Attribution 3.0 United States License. Based on an ongoing series of works indexed at larrybren.blogspot.com.