Church Defendants Opposition To Motion To Compel With Exhibits

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1 LEWIS BRISBOIS BISGAARD & SMITH LLP
MICHAEL W. CONNALLY, SB# 100588
2 E-Mail: connally@lbbslaw.com
650 Town Center Drive, Suite 1400
3 Costa Mesa, California 92626
Telephone: 714.545.9200
4 Facsimile: 714.850.1030

SUPERIOR COURT OF CAUFORNIA
OOUNTY OF RIVERSIDE
JUN 10
5 Attorneys for Defendants, LA SIERRA UNIVERSITY, PACIFIC illtHON_ .-. _
CONFERENCE OF SEVENTH-DAY ADVENTISTS AND
6 DIVISION CORPORATION OF SEVENTH-DAY ADVENTIST
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
10 JEFFRY M. KAATZ, JAMES W. BEACH,
and GARY L. BRADLEY,
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Plaintiffs,
vs.
RICARDO GRAHAM;
14 PACIFIC UNION CONFERENCE OF
SEVENTH-DAY ADVENTISTS, a not-for-
15 profit corporation;
DANIEL R. JACKSON;
16 LARRY BLACKMER;
NORTH AMERICAN DIVISION
17 CORPORATION OF SEVENTH-DAY
ADVENTISTS, a not-for-profit corporation;
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LA SIERRA UNIVERSITY, a not-for-profit
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DOES 1-100,
Defendants.
CASE NO. RIC 1112557
THE CHURCH DEFENDANTS'
OPPOSITION TO PLAINTIFFS'
MOTION TO COMPEL THE
DEPOSITION TESTIMONY OF
DEFENDANT RICARDO GRAHAM AND
REQUEST FOR $2,000 IN MONETARY
SANCTIONS AGAINST PLAINTIFFS
AND/OR PLAINTIFFS' COUNSEL FOR
HAVING FILED THEIR MOTION
WITHOUT SUBSTANTIAL
JUSTIFICATION AND WITHOUT
HAVING MET AND CONFERRED
BEFORE BRINGING THE MOTION;
DECLARATIONS OF KARNIK
DOUKMETZIAN, RICARDO GRAHAM,
DANIEL JACKSON, LARRY
BLACKMER, KENT HANSEN AND
MICHAEL W. CONNALLY
[CODE CIV. PROC. 2016.040, 2023.020
AND 2025.480(B))
CASE MANAGEMENT: JUDGE CRAIG G.
RIEMER
LAW AND MOTION JUDGE: HON
MATTHEW C. PERANTONI
DATE: JUNE 21,2013
TIME: 9:00 A.M.
DEPT.: 2
ACTION FILED: JULY 28, 2011
TRIAL DATE: NONE SET

DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL ,
THE DEPOSITION TESTIMONY OF DEFENDANT, RICARDO GRAHAM
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1 TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that Defendants La Sierra University ("La Sierra"), Pacific
3 Union Conference of Seventh-day Adventists, and North American Division Corporation of
4 Seventh-day Adventists (collectively "Church Defendants") hereby opposes Plaintiffs' motion to
5 compel the deposition testimony of Defendant Ricardo Graham and request for sanctions. This
6 opposition is based upon the memorandum of points and authorities, the declarations of Karnik
7 Doukmetzian, Ricardo Graham, Daniel Jackson, Larry Blackmer, Kent Hansen and Michael W.
8 Connally, which are being filed concurrently with this opposition, and upon such other evidence
9 and argument as the court deems just and proper.
10 PLEASE TAKE FURTHER NOTICE that the Church Defendants hereby seek monetary
11 sanctions against each of the Plaintiffs and/or their attorneys, Richard D. McCune and
12 McCune Wright LLP, in the amount of$2,000.00, pursuant to Code of Civil Procedure sections
13 2016.040,2023.020 and 2025.480(b). The Church Defendants move for an order for such
14 monetary sanctions against Plaintiffs and/or their attorneys on the grounds that the pending motion
15 to compel further testimony is without substantial justification and/or on the independent grounds
16 that Plaintiffs and their counsel filed this motion without meeting and conferring, as Code of Civil
17 Procedure section 2016.040 requires. The basis for the amount of sanctions is set forth in the
18 Declaration of Michael W. Connally submitted concurrently herewith.
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20 DATED: June 10,2013
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LEWIS BRISBOIS BISGAARD & SMITH LLP
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k l w . ~
By: .
Attorneys for Defendants, LA SIERRA
UNIVERSITY, PACIFIC UNION
CONFERENCE OF SEVENTH-DAY
ADVENTISTS AND NORTH AMERICAN
DIVISION CORPORATION OF SEVENTH-
DAY ADVENTISTS
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DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL
THE DEPOSITION TESTIMONY OF DEFENDANT, RICARDO GRAHAM
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I.
II.
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IV.
TABLE OF CONTENTS
INTRODUCTION ................................................................................................................. 1
SUMMARY OF FACTS ....................................................................................................... 2
A. The Structures and Beliefs of the Seventh-day Adventists Church .......................... 2
B. The Facts Regarding the Parties in the 6/09/2011 Conference ................................. 4
C. Plaintiffs' Speculation About What Was Said During the 6/9/11 Conference
Is Not Supported by Evidence and Ignores the Evidence that Graham Asked
Plaintiffs to Resign Because Plaintiffs' Statements in the Darnell
Recording Made it Clear They Were Inappropriate Leaders for a Church
University .................................................................................................................. 5
D. Plaintiffs Failed to Meet and Confer Before Filing This Meritless Motion .............. 8
ARGUMENT ........................................................................................................................ 8
A. Granting Plaintiffs' Motion Requires Violating the First Amendment.. ................... 8
B. Notwithstanding the Fundamental Beliefthat the Church is One Body, the
Subject Conversation is Protected Under California Law ...................................... 11
C. There is No Need to Invade Privileged Communication ........................................ 14
D. Plaintiffs Failed to Meet and Confer Before Filing this Motion ............................. 14
E. Plaintiffs' Request for Sanctions is Defective ......................................................... 14
CONCLUSION ................................................................................................................... 15
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DEFENDANTS' OPPOSITION TO PLAINTIFFS' NOTICE OF MOTION AND MOTION TO COMPEL THE
DEPOSITION TESTIMONY OF DEFENDANT RICARDO GRAHAM
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TABLE OF AUTHORITIES
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (2012) 556 U.S._, 132 S.Ct.
694, 712-713, 181 L.Ed.2d 650 ......................................................................................... 2, 9
Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America (1952) 344
U.S. 94, 116,73 S.Ct. 143,97 L.Ed. 120 .............................................................................. 9
Proctor v. General Conference of Seventh-day Adventists (D. Ill. 1986) 651 F. Supp. 1505, 1526 8,
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Statutes
Code Civ. Proc. 2016.040 ............................................................................................................... 2
Code Civ. Proc. 2025.480(b ............................................................................................................ 2
Higgins v. Maher (1989) 210 Cal.App.3d 1168, 1169 ...................................................................... 2
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1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION
3 This court should deny Plaintiffs' meritless motion to compel the deposition testimony of
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Defendant Ricardo Graham and request for sanctions (the "Motion") for at least four reasons.
First, the motion is premised on a muddled misunderstanding of the basic structure, values and
beliefs of the Seventh-day Adventist Church (the "Church").
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Plaintiffs apparently view the
Church's organizations as separate entities, with antagonistic missions and positions. However,
that view is inconsistent with a fundamental belief of the Church, a belief that is protected by the
First Amendment of the United States Constitution.
One of the Seventh-day Adventist Church's 28 "fundamental beliefs" is:
The church is one body with many members, called from every nation, kindred,
tongue, and people. In Christ we are a new creation; distinctions of race, culture,
learning, and nationality, and differences between high and low, rich and poor,
male and female, must not be divisive among us. We are all equal in Christ, who by
one Spirit has bonded us into one fellowship with Him and with one another; we
are to serve and be served without partiality or reservation. Through the
revelation of Jesus Christ in the Scriptures we share the same faith and hope,
and reach out in one witness to all. This unity bas its source in the oneness of
the triune God, who has adopted us as His children. (Rom. 12:4, 5; I Cor.
12:12-14; Matt. 28:19, 20; Ps. 133:1; 2 Cor. 5:16, 17; Acts 17:26, 27; Gal. 3:27, 29;
Col. 3:10-15; Eph. 4:14-16; 4:1-6; John 17:20-23.)
(Fundamental Belief No. 14 "Unity in the Body of Christ";
http://www.adventist.org/beliefs/fundamental/index.html, emphasis added.)
Plaintiffs' Motion asks this Court to rule that despite the Church's beliefs to the contrary,
each of the Church's organizations are separate and distinct entities and, consequently, the Church
Defendants are not entitled to the attorney-client privilege when they consult with the Church's
General Counsel. Plaintiffs' Motion asks the Court to hold that one of the Church's fundamental
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In this regard, Plaintiffs' Motion aptly illustrates the fundamental flaw oftheir lawsuit.
Specifically, Plaintiffs' Motion emphatically demonstrates exactly why they could not remain in
positions ofleadership at La Sierra University, a Seventh-day Adventist institution. Their Motion
shows they do not understand nor agree with the Church's basic structure, values and beliefs. The
fact they viewed LSU as a "separate entity" from the Church and that they think the Church and
LSU have conflicting interests shows they reject LSU's mission statement and bylaws. That is
one of the main reasons they were asked to resign from their leadership positions.
DEFENDANTS' OPPOSITION TO PLAINTIFFS' NOTICE OF MOTION AND MOTION TO COMPEL
THE DEPOSITION TESTIMONY OF DEFENDANT RICARDO GRAHAM
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1 beliefs is wrong, an adjudication the Constitution forbids. (Hosanna- Tabor Evangelical Lutheran
2 Church and School v. EEOC (2012) 556 U.S._, 132 S.Ct. 694,712-713, 181 L.Ed.2d 650,
3 Rosicrucian Fellowship v. the Rosicrucian Fellowship Nonsectarian Church (1952) 39 Cal.2d
4 121, 131-132, Higgins v. Maher (1989) 210 Cal.App.3d 1168, 1169, citing U.S. Const., Amend. I;
5 Cal. Const., art I, 4.)
6 Second, Plaintiffs' position ignores California case law, which holds that officers of
7 separately incorporated but affiliated corporations can confer in confidence with each other and
8 their corporations' attorneys are entitled to assert the attorney-client privilege. Since that case law
9 holds such communications between officers and counsel for separate but affiliated secular
10 corporations are privileged, an even stronger rationale exists here, where the Church believes that
11 LSU and NAD are all part of the same Church body.
12 Third, Plaintiffs' purported "factual background" supporting the Motion is based on
13 assertions that are not supported by evidence. In many instances, Plaintiffs' alleged facts are
14 contradicted by Plaintiffs' own exhibits and deposition testimony. Plaintiffs omit important facts
15 that are inconsistent with their theories.
16 Finally, the Court should deny Plaintiffs' Motion and sanctions request because Plaintiffs
17 counsel failed to make even a token effort at the required "reasonable and good faith attempt at an
18 informal resolution of each issue presented by the motion" before filing the Motion. (Code Civ.
19 Proc. 2016.040. See also Code Civ. Proc. 2025.480(b).) Plaintiffs' Motion also is defective in
20 form. Plaintiffs' notice of motion failed to identifY the party, attorney, and type of sanction sought
21 in the Motion, as Code of Civil Procedure section 2023.040 requires. Accordingly, the court
22 should deny Plaintiffs' sanctions request and should, instead, award the Church Defendants
23 monetary sanctions against Plaintiffs and their counsel.
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SUMMARY OF FACTS
A. The Structures and Beliefs of the Seventh-day Adventists Church
26 One of the fundamental beliefs ofthe Church is that it is a single unified church. (Graham
27 3, Exh. A, Jackson Dec. Blackmer Dec. Doukmetzian Dec. Hansen Dec.
28 The Church is composed of individual believers organized into local conferences made up of
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1 local churches. The union conferences, like the defendant Pacific Union Conference of Seventh-
2 day Adventists ("PUC"), are made up of those local conferences within a larger territory (often a
3 grouping of states or a whole country). The General Conference, the most extensive unit of
4 organization, is made up of all unions/entities in all parts of the world. Divisions, including
5 defendant North American Division of Seventh-day Adventists (''NAD"), are sections of the
6 General Conference with administrative responsibility for particular geographical areas. (Graham
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As part of their world outreach and religious mission, Adventists have developed
educational, health-care, publishing, media, and other institutions. The multiple units of the world
Church, whether congregations, conferences, health-care institutions, publishing houses, schools,
or other organizations, all find their organizational unity in the General Conference, in which they
have representation. (Jackson Dec. Graham Dec.
The Church regards the Seventh-day Adventist universities and colleges as an important
part of the church's religious and educational ministries. They are envisioned as a part of the
seamless delivery of the mission of the Seventh-day Adventist Church, which is to deliver hope
and holiness to the world. Consequently, NAD, the union conferences and the Church universities
and colleges in North America cooperate with each other to further their shared educational
ministry. (Jackson Dec. Blackmer Dec. Graham Dec. 16 and Exhibit "B," the LSU
bylaws, p. I, Art. 4.) Therefore, the North American Division and those Seventh-day Adventist
universities and colleges have a strong shared interest in furthering the Church's mission. (Ibid.)
LSU is a university operating in the PUC. LSU's mission statement states, among other
things, that: "Our community is rooted in the Christian gospel and Seventh-day Adventist values
and ideals." (Jackson Dec. Blackmer Dec. Graham Dec. Hansen Dec. and
Doukmetzian Dec. LSU's bylaws in effect on June 9, 2011, Exh. B, describes LSU as" ... an
institution of higher education sponsored and maintained by the Pacific Union Conference of
Seventh-day Adventists as part of the system of education institutions established throughout the
world by the Seventh-day Adventist Church. The University is operated by its Board of Trustees
as an integral part of the Pacific Union Conference of Seventh-day Adventists." (Graham Dec.
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1 Exh. B, p. 1.) The bylaws also require LSU's trustees to" ... guide the University
2 wisely in fulfilling its mission in higher education in the context of the educational, occupational,
3 moral, spiritual, and social needs and challenges of the Seventh-day Adventist Church" and to
4 exercise all of the powers conferred on them" ... consistent with the policies ofthe Pacific Union
5 Conference of Seventh-day Adventists." (!d., Exh. B, pp. 6-8, 6.9 and 6.9.w.)
6 B. The Facts Regarding the Parties in the 6/09/2011 Conference
7 The Church's Office of General Counsel ("OGC") provides legal counsel and assistance to
8 the various divisions ofthe General Conference, in cooperation with their local legal counsel. The
9 OGC also serves as general counsel to the institutions ofthe General Conference and NAD or
10 provides legal support to their outside legal counsel. All lawyers in the OGC limit their practices
11 to Seventh-day Adventist Church clients. A wide variety of Seventh-day Adventist entities
12 regularly contact OGC for confidential legal advice related to the Seventh-day Adventist Church
13 and its religious mission. Karnik Doukmetzian is OGC' s director and general counsel for both the
14 General Conference and NAD and held that position on June 9, 2011. (Doukmetzian Dec.
15 Kent Hansen is, and on June 9, 2011, was LSU's general counsel. (Hansen Dec.
16 He is aware of the Church's fundamental belief that the Church is one body and he and his firm
17 often work with OGC. (Ibid.)
18 Larry Blackmer is NAD's Education Vice President. His duties include acting as an
19 advisor to Seventh-day Adventist colleges and universities operating in North America, including
20 La Sierra University. He is also a member of the Adventist Accrediting Association ("AAA"), a
21 committee of the General Conference of Seventh-day Adventists that accredits Seventh-day
22 Adventist colleges and universities, including La Sierra University. In that role, Blackmer is
23 frequently invited to attend and participate in meetings of the board of trustees for those
24 universities and colleges. Blackmer is also aware of the Church's fundamental belief that the
25 Church is one body in Christ and that LSU is a Seventh-day Adventist university. (Blackmer Dec.
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27 On June 9, 2011 Ricardo Graham, acting in his role as LSU's board chair, conferred in
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1 Education Vice President, a special assistant to President Jackson, and the NAD's general counsel,
2 Karnik Doukrnetzian (the "6/9/11 Conference"). The LSU and NAD officers intended to
3 confidentially consult with those two organizations' attorneys in their role as lawyers about a
4 matter of shared concern. The 6/9/11 Conference was conducted by telephone and in person and
5 nobody else besides those Church entities' officers and their attorneys were present. (Jackson
6 Dec. Blackmer Dec. Graham Dec. Hansen Dec. and Doukrnetzian
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8 During Graham's May 8, 2013 deposition Plaintiffs' counsel asked Graham questions
9 seeking to learn what was discussed during the 6/9/11 Conference. Graham's counsel and the
10 Church Defendants' attorney both timely objected based on attorney client privilege. Graham
11 followed his attorney's instruction and declined to answer those questions. (Connally 2,
12 Plaintiffs' Motion Exh. I, pp. 143:3-144:24.)
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C. Plaintiffs' Speculation About What Was Said During the 6/9/11 Conference Is
Not Supported by Evidence and Ignores the Evidence that Graham Asked
Plaintiffs to Resign Because Plaintiffs' Statements in the Darnell Recording
Made it Clear They Were Inappropriate Leaders for a Church University
Plaintiffs spend three pages attempting to construct a conspiracy theory for why LSU's
chair asked them to resign, asserting based on their speculation that what they term "the effective
termination of Plaintiffs" was" ... at the direction ofNAD and the GC through their ability to
control and influence Defendant Graham." (Motion, p. 5:10-11.) However, the purported
evidence they cite does not support their theory. Instead, it sheds light on Plaintiffs' basic
misunderstanding of Church structure. Furthermore, it ignores reality. Their own deposition
testimony makes it clear why Graham appropriately asked them to resign.
Plaintiffs begin their speculation that Graham was ordered to terminate them by asserting
that the General Conference President Ted Wilson decided to "circumvent LSU's employment
independence to force LSU to dismiss biology faculty." (Motion, p. 3:12.) They assert that
President Wilson wrote a letter that" ... made clear his desire to directly influence the
employment ofLSU faculty, outlining in his letter that any faculty of the LSU biology department
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-- .,,or
I that did not conform to what he viewed as the proper teaching methodology of this sensitive issue
2 should be 'released from service for La Sierra University."' (Motion, p.3:20-24, citing exhibit 2.)
3 Plaintiffs do not offer any evidence explaining why they think that President Wilson's comment
4 was a reference to plaintiff Bradley.
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They also do not offer any testimony explaining the context of President Wilson's "letter"
and the exhibits that follow it. Exhibit 2 to Plaintiffs' Motion was a preliminary draft of a
proposed motion that was being prepared for submission to the Church accrediting agency
regarding the accreditation ofLSU in 2011. Jackson and Blackmer did not interpret the language
Plaintiffs cite from Exhibit 2 as the General Conference President Ted Wilson's instruction to fire
anybody. (Jackson Dec. Blackmer Dec. To the contrary, President Wilson's Exhibit 2
says it is nothing more than" ... approximately what I would like to see in the proposed motion."
(Motion Exh. 2, p. I, 3'd line.) The group to which President Wilson sent that e-mail did not even
adopt the "released from service for La Sierra University" language in the motion eventually
submitted to the Church accrediting agency. (See Motion exhs. 3-4 and Blackmer Dec.
Plaintiffs then assert Graham had to find a "pretext" to carry out President Wilson's desire
to fire Bradley and speculate that an LSU board member, Kathy Proffitt, provided that pretext.
Plaintiffs offer no explanation for why a pretext would be needed if President Wilson had as much
power as they assert he exercised. Plaintiffs also mischaracterize the e-mail attached as exhibit 7
to Plaintiffs' Motion as having provided Blackmer with a confidential W ASC document to NAD.
(Motion, p. 4: I 0-16.) In fact, exhibit 7 discusses the publicly available W ASC accreditation
handbook from WASC's website. (Blackmer Dec.
Finally, speculation that Graham asked for Plaintiffs' resignations
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based on orders
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Plaintiffs persist in mischaracterizing the resignations as terminations. However, Graham did not
ask Kaatz or Beach to resign their employment. Graham asked Kaatz to resign as Vice President
for University Advancement and Beach to resign as Dean of the College of Arts & Sciences. Both
men were allowed to exercise their "retreat rights" as tenured faculty members and remained LSU
employees .. Specifically, on June 10,2011, Graham asked Plaintiff Jeffry Kaatz to resign from
his position as Vice President for University Advancement. Graham also asked Plaintiff James
Beach to resign from his position as Dean of the College of Arts & Sciences. Both men were
allowed to exercise their "retreat rights" as tenured faculty members. They merely left their
(footnote continued)
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1 received during the 6/9/11 Conference ignores the fact he has testified he decided to ask Plaintiffs
2 to resign based on his examination of a transcript of the recording Plaintiffs' friend, Lenny Darnell
3 inadvertently made and distributed to others. Graham has testified he thought that asking the
4 Plaintiffs to resign was in the best interests ofLSU. (Graham Dec. and Exh. C, passim.)
5 Given their statements, Graham was obviously justified in concluding they were not
6 appropriate leaders at LSU. (Ibid.) For example, Plaintiffs showed disdain for LSU's Seventh-
7 day Adventist heritage and beliefs. One of the Plaintiffs, Gary Bradley, described some of the
8 Church's leaders as "idiots" who did not understand that he had a come up with a better way of ".
9 .. conning kids into staying Adventists." (Graham Dec. Exh. C, p. 13; Connally 5 and
10 Exhibit "D," Bradley deposition Vol. I excerpts, pp. 199:9-202:6) Another plaintiff, Jeffry Kaatz,
11 formerly LSU's Vice President of Advancement (the university's chieffundraiser), has testified he
12 was aware of that "conning kids" comment and" ... I agree with that." (Connally 6, and
13 Exhibit "E," Kaatz deposition, Vol. 2 excerpts, pp. 225:11-20, see alsop. 302:7-24.) Beach
14 complained that he did not want to go to a conference about scientific evidence supporting the
15 Church's beliefs because he would have trouble drinking wine without running into Adventists.
16 (Graham Dec. Exh. C, p. 10.) Plaintiffs also admittedly violated the Church's teaching and
17 LSU's policy against drinking alcohol. (Connally 5-7 and Exhs. D at p. 134, Eat p. 107
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Plaintiffs subsequently asked the LSU board to allow them to rescind their resignations but
the LSU board subsequently reviewed the process and voted to ratify Graham's actions and to
accept Plaintiffs' resignations. (Graham Dec. 17.)
Despite Plaintiffs' contention that Graham was not acting in LSU's best interests, their
resignation has apparently not harmed LSU. LSU's enrollment has increased each year since
Plaintiffs' resignations. In the fall of2011, the first academic year after the resignations, 2,098
students registered at LSU. That was the first time LSU had topped the 2,000 mark in enrollment
positions as LSU administrative leaders. Graham did ask Bradley, who was not a tenured
professor, to resign from his position as a part-time biology professor.
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1 since its establishment as a university, exceeding the previous enrollment record of 1,946 set in the
2 fall of2003. LSU's enrollment grew by more than 8% this school year (beginning 2012), to
3 2,393, making this the third straight year of increased enrollment. (Graham Dec.
4 D. Plaintiffs Failed to Meet and Confer Before Filing This Meritless Motion
5 Plaintiffs' counsel did not make an effort to meet and confer with the Church Defendants'
6 attorneys, as required by Code of Civil Procedure sections 2016.040,2023.020 and 2025.480(b).
7 Interestingly, Plaintiffs' counsel did, however, take the time to contact the editor of an internet
8 magazine critical of the Church. (See Connally 8, Kent Hansen, 10.)
9 III. ARGUMENT
10 A. Granting Plaintiffs' Motion Requires Violating the First Amendment
11 The attorney-client privilege objections and instructions not to answer asserted during the
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deposition of Ricardo Graham were proper because all of the participants in the call were on "one
body." Plaintiffs' attempt to segregate the parties and establish conflicts is without merit.
As noted above, one ofthe fundamental beliefs of the Seventh-day Adventist Church is:
"The church is one body with many members, called from every nation, kindred,
male and female, must not be divisive among us. We are all equal in Christ, who by
one Spirit has bonded us into one fellowship with Him and with one another; we
are to serve and be served without partiality or reservation. Through the revelation
of Jesus Christ in the Scriptures we share the same faith and hope, and reach out in
one witness to all. This unity has its source in the oneness of the triune God. who
has adopted us as His children. (Rom. 12:4, 5; 1 Cor. 12:12-14; Matt. 28:19, 20;
Ps. 133:1; 2 Cor. 5:16, 17; Acts 17:26, 27; Gal. 3:27, 29; Col. 3:10-15; Eph. 4:14-
16; 4: 1-6; John 17:20-23.)"
(Fundamental BeliefNo. 14 "Unity in the Body of Christ";
http://www .adventist.org/beliefs/fundamental/i ndex.html [emphasis added].)
Proctor v. General Conference of Seventh-day Adventists (D. Ill. 1986) 651 F. Supp. 1505,
1526 reviewed the Church's structure and observed that this is a theological issue:
One of the twenty-seven fundamental beliefs of Adventists-based on Bible
passages-is that "the Church is one body with many members, called from every
nation, kindred, tongue and people." Theologically, the Seventh-day Adventist
Church is a single unified church. Church documents that prescribe the Church's
structure and governance confirm that all parts of the Church are parts of a single
entity.
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1 (Proctor, supra, 651 F. Supp. at 1515.)
2 Our United States Supreme Court recently held the First Amendment " ... gives special
3 solicitude to the rights of religious organizations." (Hosanna- Tabor Evangelical Lutheran Church
4 and School v. EEOC (2012) 556 U.S._, 132 S.Ct. 694, 712-713, 181 L.Ed.2d 650.) In Hosanna-
5 Tabor the Supreme Court unanimously held a religious school had the right to fire a teacher
6 because the First Amendment prohibits courts from interfering with church governance decisions.
7 "The Constitution guarantees religious bodies 'independence from secular control or
8 manipulation--in short, power to decide for themselves, free from state interference, matters of
9 church government as well as those of faith and doctrine.'" (Hosanna- Tabor, supra, 132 S.Ct. at
10 712-713, Ali to and Kagan concurring opinion, citing Kedroff v. Saint Nicholas Cathedral of
11 Russian Orthodox Church in North America (1952) 344 U.S. 94, 116, 73 S.Ct. 143, 97 L.Ed. 120.)
12 However, Plaintiffs' Motion asks this court to ignore the First Amendment and directly
13 hold that the Church's fundamental belief is wrong and LSU and NAD should be treated as
14 completely separate organizations, unable to communicate with their attorneys about matters of
15 common interest, like the accomplishment of the Church's educational mission. Under the First
16 Amendment, the Court may not invade the Church's fundamental beliefs.
17 Well-settled case law prohibits courts from interfering in church governance issues in that
18 way. For example, in Mitchell v. Helms (2000) 530 U.S. 793, 828, 120 S.Ct. 2530, 147 L.Ed.2d
19 660, the United States Supreme Court held that a financial aid program that allowed religious
20 schools to receive state funds was constitutional. A dissenter suggested that the courts should
21 inquire into" ... whether a school that receives aid (or whose students receive aid) is pervasively
22 sectarian." The Supreme Court rejected that suggestion, stating: "[T]he inquiry into the recipient's
23 religious views required by a focus on whether a school is pervasively sectarian is not only
24 unnecessary but also offensive. It is well established, in numerous other contexts, that courts
25 should refrain from trolling through a person's or institution's religious beliefs." (Ibid., citations
26 omitted.)
27 In NLRB v. Catholic Bishop of Chicago (1979) 440 U.S. 490, 502, 99 S.Ct. 1313, 59
28 L.Ed.2d 533 lay faculty of two Catholic high schools sought to unionize. When the schools
48419183-7460.1 9
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1 refused to recognize the unions, the unions filed complaints with the National Labor Relations
2 Board ("the Board"). The U.S. Supreme Court held the Constitution prohibited the Board from
3 exercising jurisdiction over a religious high school's employment decisions.
4 The resolution of such charges by the Board, in many instances, will necessarily
involve inquiry into the good faith of the position asserted by the clergy-
5 administrators and its relationship to the school's religious mission. It is not only
the conclusions that may be reached by the Board which may impinge on rights
6 guaranteed by the Religion Clauses, but also the very process of inquiry leading to
findings and conclusions.
7
8 (Ibid.)
9 Similarly, Little v. Wuerl (3d Cir. 1991) 929 F.2d 944 held, as a matter of law, that the
10 First Amendment barred a court from imposing tort liability for a religious organization's decision
11 to not rehire an elementary school teacher who had entered a canonically invalid marriage. Little
12 held that review of the religious school's employment decision would require the court to
13 determine what the official teachings and doctrine of the church were and whether Little had
14 rejected them. (!d. at 948.) The court also held that any judicial analysis of that claim would
15 require excessive entanglement of the court with the church:
16 The inquiry into the employer's religious mission is not only likely, but inevitable,
because the specific claim is that the employee's beliefs or practices make her unfit
17 to advance that mission. It is difficult to imagine an area of the employment
relationship less fit for scrutiny by secular courts. Even if the employer ultimately
18 prevails, the process of review itself might be excessive entanglement.
19 (!d. at 949; see Hope Internal. Univ. v. Superior Court (Rouanzoin) (2004)119 Cal.App.4th 719,
20 741, citing Little and stating" ... its principle that courts should avoid putting themselves in a
21 position where they must ascertain precisely what a religion's strictures do, or do not, entail is still
22 valid.")
23 California courts have similarly held that civil courts cannot" ... intrude into the church's
24 governance of 'religious' or 'ecclesiastical' matters, such as theological controversy, church
25 discipline, ecclesiastical government, or the conformity of members to standards of morality."
26 (Higgins v. Maher (1989) 210 Cal.App.3d 1168, 1169, citing U.S. Const., Amend. I; Cal. Const.,
27 art I, 4.) Consequently, the Constitution prohibits the court from accepting Plaintiffs' argument
28 that the 6/9/11 Conference was not privileged because the Church's beliefs about its governance
4841-9183-7460.1 10
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1 structure are wrong.
2 B. Notwithstanding the Fundamental Belief that the Church is One Body, the
3 Subject Conversation is Protected Under California Law
4 Assuming, arguendo, the Court chooses to violate the Church's First Amendment Rights
5 and disregard a fundamental belief of the Church, the subject conversation is still protected under
6 California Law.
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Evidence Code section 952, states:
As used in this article, "confidential communication between client and lawyer"
means information transmitted between a client and his or her lawyer in the course
of that relationship and in confidence by a means which, so far as the client is
aware, discloses the information to no third persons other than those who are
present to further the interest of the client in the consultation or those to whom
disclosure is reasonably necessary for the transmission of the information or the
accomplishment of the pumose for which the Iawver is consulted, and includes a
legal opinion formed and the advice given by the lawyer in the course of that
relationship.
The Law Revision Commission Comments to section 952, state:
"The words "other than those who are present to further the interest of the client in
the consultation" indicate that a communication to a lawyer is nonetheless
confidential even though it is made in the presence of another person--such as a
spouse, parent, business associate. or joint client--who is present to further the
interest of the client in the consultation. These words refer, too, to another person
and his attorney who may meet with the client and his attorney in regard to a matter
of joint concern. This may change existing law, for the presence of a third person
sometimes has been held to destroy the confidential character of the consultation,
even where the third person was present because of his concern for the welfare of
the client. See Attorney-Client Privilege in California, 10 Stan. L. Rev. 297, 308
(1958), and authorities there cited in notes 67-71. See also Himmelfarb v. United
States, supra."
(Emphasis added.)
In Benge v. Superior Court (1982) 131 Cal.App.3d 336, the Court of Appeal held that
communications which occurred during two union meetings were protected by the attorney-client
privilege. The Court held that the fact that the attorneys did not represent the union members was
irrelevant where the union members were seeking legal advice. The Court of Appeal held: "Those
'who are present to further the interest of the client in the consultation' include a spouse, parent,
business associate. joint client or any other person 'who may meet with the client and his attorney
in regard to a matter ofioint concern."' (/d. at 346 [citations omitted].)
In the instant matter, the parties at issue are more deserving of the protection afforded by
484191837460.1 11
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1 the attorney-client privilege than the union members in Benge. During the subject conference call,
2 representatives of the NAD and La Sierra University ("LSU"), were engaged in privileged
3 conversations with Kamik Doukmetzian, Esq., and Kent Hansen, Esq., concerning a matter of
4 joint concern (i.e., the religious and education missions of the Church).
5 The Pacific Union Conference of the Seventh-day Adventist Church is a union conference
6 within the NAD. La Sierra University is a Seventh-day Adventist university that operates in the
7 Pacific Union Conference. (Doukmetzian Decl. 6.)
8 LSU's bylaws' "Purpose" section states, among other things, that:
9 The University is an institution of higher education sponsored and maintained by
the Pacific Union Conference of Seventh-day Adventists as part of the system of
10 educational institutions established throughout the world by the Seventh-day
Adventist Church. The University is operated by its Board of Trustees as an
11 integral part of the Pacific Union Conference of Seventh-day Adventists.
12 (LSU bylaws, Art. IV, p. 4, emphasis added.)
13 In addition, NAD, PUC, and LSU would qualify as business associates and would properly
14 be considered the joint clients of Mr. Doukmetzian. NAD, PUC, and LSU are "business
15 associates" in the Church's religious educational enterprises.
16 Similarly, in Insurance Co. of North America v. Superior Court (1980) I 08 Cal.App.3d
17 758 ("Insurance Co."), the Court of Appeal held:
18 ... we conclude that an officer or employee of a holding or affiliated company can
receive legal advice from counsel employed by a wholly owned subsidiary or
19 affiliate without destroying the confidentiality of the communication and, as
applied to this cause, that the transmission of legal opinions and advice given by
20 counsel for INA to representatives of INA Corporation and its affiliates was a
disclosure reasonably necessary to accomplish the corporate client's purpose in
21 consulting counsel and was protected from discovery by the attorney-client
privilege.
22
23 (!d. at 771.)
24 In this matter, NAD, PUC, and LSU are corporations expressly affiliated by their religious
25 connections. Those religious connections carry the added weight ofthe First Amendment.
26 Furthermore, the role of the attorney (McHugh) in Insurance Co., is very similar to the role
27 of Mr. Doukmetzian as General Counsel of the General Conference:
28 McHugh, according to papers submitted in support of the petition, was vice
4841-9183-7460.1 12
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1 president-law of INA Corporation, the parent holding company of which INA was
a wholly owned operating subsidiary. His duties included general supervision of
2 legal affairs for INA Corporation's entire group operation, and general supervision
of all major litigation involving INA Corporation and its subsidiaries. His
3 responsibilities covered rendition of legal advice and assistance to the management,
executives, and legal departments of various subsidiaries; selection of outside
4 counsel in some cases; assistance and guidance to outside counsel during the course
of major litigation; and advice to senior management on the status of particular
5 litigated matters. Patently, McHugh was a chieflegal officer of the INA
Corporation enterprise charged with informing himself about important legal
6 problems ofthe operating subsidiaries and with giving them the benefit of his
advice, an attorney who not only advised INA Corporation but its principal
7 subsidiaries as well. In effect, McHugh was a part-time counsel for INA who from
time to time gave it legal advice. Since INA Corporation was the parent and INA
8 the subsidiary, legal advice emanating from McHugh undoubtedly carried great
weight and persuasiveness and perhaps often took the appearance of a command.
9 Nevertheless, by reason of the separate corporate entities of the parent holding
company and its operating subsidiary, INA was not technically required to accept
10 such advice. McHugh's status in relation to INA was that of a staff officer of a
higher headquarters whose advice is persuasive but not compulsory on a lower-
11 echelon operating entity.
12 (/d. at 763-764.)
13 In the instant matter, the role of Mr. Doukmetzian is very similar. As more fully set forth
14 in his Declaration, Mr. Doukmetzian is the General Counsel of the General Conference of
15 Seventh-day Adventists (hereinafter "General Conference"). His office provides legal services to
16 all organizations within the Seventh-day Adventist Church, including, but is not limited to, the
17 NAD, PUC, and LSU.
18 Moreover, Insurance Co. provides an example of the president of a parent corporation
19 attending an affiliated company's meeting with counsel and holds that such attendance would not
20 defeat the privilege:
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We can develop in concrete form some of the ramifications of disclosure of
attorney-client communications to business associates by assuming that at bench,
because of the importance of the legal questions to be discussed at the briefing of
March 11, 1977, the president of INA Corporation decided to attend the meeting
himself to receive the benefit of Gallagher's briefing. We will further assume that
the president had no direct duties in either counseling the legal departments of
operating subsidiaries or recommending sound actuarial practices to their
accountants, that he merely wished to acquaint himself as a matter of corporate
group policy with a legal problem of great importance to the parent company and
the entire INA group. Would his presence at the conference destroy the
confidentiality of Gallagher's communication? We think not. In our view the
president's attendance at the briefing would fall squarely within the terms of section
952, which preserves the confidentiality of an attorney-client communication when
a third person is present to further the interest of the client in the consultation.
4841-9183-7460.1 13
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(!d. at 768.)
Daniel Jackson is the President ofNAD and NAD regards LSU to be part ofNAD's
education ministry. The fact that NAD and LSU are both "separately" incorporated legal entities
does not change that analysis:
It is true that INA, the wholly owned subsidiary, is a separate legal entity from INA
6 Corporation, the parent holding company. Yet for purposes of confidential
communication under section 952 there is sufficient unity of interest and identity
7 between the parent company and its wholly owned operating subsidiary to make
the presence of a representative of the former at a legal briefing for representatives
8 of the latter one which furthers the interest of the client.
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(!d. at 769.)
Accordingly, the 6/9/11 Conference is an attorney-client privileged communication
Plaintiffs' Motion must be denied.
C. There is No Need to Invade Privileged Communication
Plaintiffs argue that the subject matter of the privileged communication is necessary to
determine whose decision it was to request Plaintiffs' resignations. This argument is disingenuous
because the answer to this question has already been provided under oath by Mr. Graham. He has
already testified that it was his decision to request Plaintiffs' resignations. (Graham Dec!. '\117.)
D. Plaintiffs Failed to Meet and Confer Before Filing this Motion
Plaintiffs did not make any attempt to resolve this matter informally, yet, Plaintiffs had the time to
contact Spectrum Magazine and litigate this matter in the press. (See Connally Dec. 'II 8, Hansen
Dec. '\110.) That is an independent ground for denying the motion and awarding sanctions to the
Church Defendants. (Code Civ. Proc. 2016.040. See also Code Civ. Proc. 2025.480(b).)
E. Plaintiffs' Request for Sanctions is Defective
Plaintiffs' request for sanctions fails to comply with requirements set forth in Code of Civil
Procedure section 2023.040, which states:
A request for a sanction shall, in the notice of motion, identify every person, party,
25 and attorney against whom the sanction is sought, and specify the type of sanction
sought. The notice of motion shall be supported by a memorandum of points and
26 authorities, and accompanied by a declaration setting forth facts supporting the
amount of any monetary sanction sought."
27
28
(Code Civ. Proc., 2023.040 [emphasis added].)
4841-9183-7460.1 4
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1 Plaintiffs' notice of motion is defective insofar as it fails to identify the person, party, or
2 attorney, and the type of sanctions sought in the motion. In fact, the only reference to sanctions in
3 the Plaintiffs' notice of motion is the following sentence: "This Motion is brought on the grounds
4 that good cause exists for granting the underlying motion and request for sanctions, because
5 Defendant Graham was instructed by counsel to no answer deposition questions, and then refused
6 to answer questions, on relevant areas of inquiry based on a meritless objection of attorney-client
7 privilege of non-protected communication." Accordingly, Plaintiffs' request for sanction must be
8 denied.
9 IV.
10
CONCLUSION
For the foregoing reasons, the Church Defendants submit this court should deny Plaintiffs'
11 motion and award the Church Defendants sanctions in the amount of$2,000.
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DATED: June 10, 2013 LEWIS BRISBOIS BISGAARD & SMITH LLP
By:
~
Michael W. Connally ~
Attorneys for Defendants, LA SIERRA
UNIVERSITY, PACIFIC UNION
CONFERENCE OF SEVENTH-DAY
ADVENTISTS AND NORTH AMERICAN
DIVISION CORPORATION OF SEVENTH-
DAY ADVENTISTS
4841-9183-7460.1 1
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Telephone: 714.545.9200
4 Facsimile: 714.850.1030
5 Attorneys for Defendants, LA SIERRA UNIVERSITY, PACIFIC UNION
CONFERENCE OF SEVENTH-DAY ADVENTISTS AND NORTH AMERICAN
6 DIVISION CORPORATION OF SEVENTH-DAY ADVENTISTS
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COUNTY OF RIVERSIDE
DECLARATION OF KARNIK
DOUKMETZIAN IN SUPPORT OF
OPPOSITION TO PLAINTIFF'S
MOTION TO COMPEL DEPOSITION
TESTIMONY OF RICARDO GRAHAM
Judge:
Date:
Hon. Craig G. Riemer
June 21, 2013
Time: 9:00
Dept.: 02
Case Management:
Law and Motion
Action Filed:
Trial Date:
July 28, 2011
None Set
DECLARATION OF KARNIK DOUKMETZIAN
I, Kamik Doukmetzian, Esq., declare as follows:
1. I have personal knowledge of the facts set forth herein, and if called as a witness to
testify thereto, I could competently and truthfully do so.
2. I am the General Counsel for the General Conference of Seventh-day Adventists
(hereinafter "General Conference"). By reason of that position, I am also general counsel for the
483916993812.1 1
DECLARATION OF KARNIK DOUKMETZIAN IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO
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1 North American Division Corporation of Seventh-day Adventists ("NAD") and the director ofthe
2 Office of General Counsel ("OGC"). Both NAD and the General Conference share the expenses
3 for my compensation and the other attorneys in the OGC. The General Conference is the most
4 extensive unit of organization in the Seventh-day Adventist Church. It is made up of all
5 unions/entities in all parts of the world. Divisions, including the NAD, are sections of the General
6 Conference, with administrative responsibility for particular geographical areas.
7 3. In 1982, I earned my law degree from the University of Windsor in Ontario,
8 Canada. I am licensed to practice law in both the United States and Canada. I am a member of
9 the Law Society of Upper Canada and the State Bars of the District of Columbia and the State of
10 Tennessee. I am also admitted to practice before the United States Supreme Court.
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4. I was appointed General Counsel in 2009. The Office of General Counsel
("OGC") provides legal counsel and assistance to the various divisions of the General Conference,
in cooperation with their local legal counsel. The OGC also serves as general counsel to the
institutions of the General Conference and NAD or provides legal support to their outside legal
counsel. All lawyers in the OGC limit their practices to Seventh-day Adventist Church clients. A
wide variety of Seventh-day Adventist entities regularly contact OGC for confidential legal advice
related to the Seventh-day Adventist Church and its religious mission.
5. A fundamental belief of the Seventh-day Adventist Church is: "The church is one
body with many members, called from every nation, kindred, tongue, and people. In Christ we are
a new creation; distinctions of race, culture, learning, and nationality, and differences between
high and low, rich and poor, male and female, must not be divisive among us. We are all equal in
Christ, who by one Spirit has bonded us into one fellowship with Him and with one another; we
are to serve and be served without partiality or reservation. Through the revelation of Jesus Christ
in the Scriptures we share the same faith and hope, and reach out in one witness to all. This unity
has its source in the oneness of the triune God, who has adopted us as His children. (Rom. 12:4,
5; I Cor. 12:12-14; Matt. 28:19, 20; Ps. 133:1; 2 Cor. 5:16, 17; Acts 17:26, 27; Gal. 3:27, 29; Col.
3:10-15; Eph. 4:14-16; 4:1-6; John 17:20-23.)" (Fundamental BeliefNo. 14 "Unity in the Body of
Christ"; http:/ /www.adventist.org/beliefs/fundamentallindex.html [emphasis added].)
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1 6. The Pacific Union Conference of the Seventh-day Adventist Church is a union
2 conference within the NAD. La Sierra University is a Seventh-day Adventist university that
3 operates in the Pacific Union Conference. I am personally aware of La Sierra University's
4 mission statement, which, among other things, states that: "Our community is rooted in the
5 Christian gospel and Seventh-day Adventist values and ideals."
6 7. On June 9, 2011, I participated in a 619111 Conference in my capacity as General
7 Counsel for NAD (the "619111 Conference"). The following individuals also participated by
8 telephone in that 619111 Conference were:
9 a. Ricardo Graham, the Chair of La Sierra University's board of trustees and
10 President of the Pacific Union Conference, and
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9.
b. Kent Hansen, Esq., General Counsel to La Sierra University.
The individuals meeting in person, with me, during the 619111 Conference were:,
a.
b.
c.
Daniel Jackson, President ofNAD,
Larry Blackmer, Vice President ofNAD's Office of Education, and
Ken Denslow, Assistant to the President of the NAD.
Nobody else besides those Seventh-day Adventist entities' officers and their
17 attorneys were present during the 619111 Conference. My role in that meeting was as a lawyer for
18 the Seventh-day Adventist Church and the NAD officers participating in the 619111 Conference. I
19 understood the 619111 Conference was intended to be confidential and that communications with
20 me and Mr. Hansen were intended to be confidential attorney-client communications. Each of the
21 participants in the 619111 Conference were participating to further the interests of the Seventh-day
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Adventist Church. On behalf of my clients, who are
Ill
Ill
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4839-1699-3812.1
DECLARATION OF KARNJK DOUKMETZIAN IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO
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1 the holders of said privilege, I have not and do not consent to the disclosure of the subject matter
2 of the 6/9/11 Conference.
3 I declare under penalty of peljury under the laws of the State of California that the
4 foregoing is true and correct and that this declaration was executed on June b, 2013, at Silver
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Spring, Maryland.
48391699-3812.1 4
J N DAGGETT, ESQ./SBN: 227375
N SCHIRMER, ESQ./S8N: 146407
H ROSHIMA, JACOBS, ROliH and LEWIS
2 1 20 River Park Drive, Second Floor
S cramento, CA 95815
3 T lephone: (916) 923-2223
4
F csimile: (916) 929-7335
5
A omeys for Defendants, RICARDO GRAHAM, DANIEL R. JACKSON and LARRY
B CKMER
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF RIVERSIDE
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J FFRY M. KAATZ, JAMES W.
B CH, and GARY l. BRADLEY,
Plaintiff,
v.
15 R CARDO GRAHAM; PACIFIC UNION
C NFERENCE OF SEVENTH-DAY
16 A VENTISTS, a not-for-profit
17 rporation; DANIEL R. JACKSON;
RRY BLACKMER; NORTH
18 A ERICAN DIVISION CORPORATION
0 SEVENTH-DAY ADVENTISTS, a
19 n t-for-profit corporation; and LA
20 S RRA UNIVERSITY, a not-for profit
rporation; and DOES 1-100,
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Defendants.

25 I, ICARDO GRAHAM, declare:
Case No.: RIC 1112557
DECLARATION OF RICARDO
GRAHAM IN SUPPORT OF RICARDO
GRAHAM
1
I?ANIEL R. JACKSON, AND
LARRY BLACKMER'S OPPOSITION
TO PLAINTIFFS' MOTION TO COMPEL
THE DEPOSITION TESTIMONY OF
DEFENDANT RICARDO GRAHAM
26 1. I have personal knowledge of the following statements and, if called upon, I can
27 testify competently thereto.
28
DECLARATION OF IN SUPPORT OF RICARDO GRAHAM, DANIEL R.
J CKSON, AND LARRY BLACK ER'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL THE
DEPOSITION T TIMONY OF DEFENDANT RICARDO GRAHAM
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2. At all relevant times and on June 9, 2011, I held the position of Chair of the La
Sierra University ("LSU") Board of Trustees in accordance with LSU Bylaws and
was at all times duly $Uthorized to perform all of the duties of the Chair of the
LSU Board of Trustees. Additionally, at all relevant times and on June 9, 2011, I
held the position of President of the Pacific Union Conference of Seventh-day
Adventists ("PUC"). The PUC is a union conference within the North American
Division Corporation of Seventh-day Adventists ("NAD"). LSU is a Seventh-day
Adventist university that operates in the Pacific Union Conference.
3. A fundamental belief of the Seventh-day Adventist Church is: "The church is one
body with many members, called from every nation, kindred, tongue, and
people. In Christ we are a new creation; distinctions of race, culture, learning,
and nationality, and differences between high and low, rich and poor, male and
female, must not be divisive among us. We are all equal in Christ, who by one
Spirit has bonded us into one fellowship with Him and with one another; we are
to serve and be served without partiality or reservation. Through the revelation
of Jesus Christ in the Scriptures we share the same faith and hope, and reach
out in one witness to all. This unity has its source in the oneness of the triune
God, who has adopted us as His children. (Rom. 12:4, 5; 1 Cor. 12:12-14; Matt.
28:19, 20; Ps. 133:1; 2 Cor. 5:16, 17; Acts 17:26, 27; Gal. 3:27, 29; Col. 3:10-
15; Eph. 4:14-16; 4:1-6; John 17:20-23.)" (Fundamental Belief No. 14 "Unity in
the Body of Chrisr; http://www.adventist.org/beliefs/fundamentallindex.html
[emphasis added].) A true and correct copy of those fundamental beliefs is
being filed with this declaration as Exhibit "A."
4. As Chair of the LSU Board of Trustees, I understand that I am a representative
of LSU for the purpose of participating in confidential communications between
client and lawyer.
5. I am personally aware of La Sierra University's mission statement, which,
DECLARATION OF RICARDO GRAHAM IN SUPPORT OF RICARDO GRAHAM, DANIEL ft.
ACKSON, AND LARRY BLACifiiER'S OPPOSmON TO PLAINTIFFS' MOTION TO COMPEL THE
DEPOSITION T!ESTIMONY OF DEFENDANT RICARDO GRAHAM
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among other things, states that: "Our community is rooted in the Christian
gospel and Seventh-day Adventist values and ideals." According to its bylaws in
effect on June 9, 2011, a copy of which is being filed with this declaration
as Exhibit "B," LSU is an integral part" of the PUC. According to article four of
the LSU Bylaws, LSU is "an institution of higher education sponsored and
maintained by the Pacific Union Conference of Seventh-day Adventists as part
of the system of education institutions established throughout the world by the
Seventh-day Adventist Church..
6. On June 9, 2012, I participated in my role as Chair of LSU's board in a
confidential, attomey-<:lient privileged communication with Kent Hansen, Dan
Jackson, Larry Blackmer, and Kamik Doukmetzian (the "6/9/11 Conference").
7. My understanding and intent during the 6/9/11 Conference was that it was a
confidential attorney-client privileged communication.
8. I understood Karnik Doukmetzian to be General Counsel for both the NAD and
someone to whom I could communicate with confidentially as an attorney to
further the interests of the Seventh-day Adventist Church and entities like LSU
that are working to further the church's mission. Similarly, Dan Jackson, as
President of NAD, and Larry Blackmer, as Vice-President and Director of
Education of NAD, have a common shared concern with LSU's furthering of its
educational mission.
9. I understood and intended my communications with Kent Hansen, as General
Counsel to LSU, during the 6/9/11 Conference, to be a confidential
communication between lawyer and client.
10. Nobody else besides those Seventh-day Adventist entities' officers and their
attorneys were present during the 6/9/11 Conference. I understood the 6/9/11
Conference was intended to be confidential and that communications among the
participants were intended to be confidential attorney-<:lient communications.
DECLARATION OF RICARDO GRAHAM IN SUPPORT OF RICARDO GRAHAM, DANIEL R.
ACKSON, AND LARRY OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL THE
DEPOSITION 1!ESTIMONY OF DEFENDANT RICARDO GRAHAM
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Each of the participants in the 619111 Conference were participating to further
2 the shared interests of LSU and the Seventh-<lay Adventist Church.
3 11. The Seventh-<lay Adventist Church has four levels of Church structure. The
4 local church is made up of individual believers. The local conference, or local
5 field/mission, is made up of a number of local churches in a state, province, or
6 territory. The union conference, or union field/mission, is made up of
7 conferences or fields within a larger territory (often a grouping of states or a
8 whole country). The General Conference, the most extensive unit of
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organization, is made up of all unions/entities in all parts of the world. Divisions
are the sections of the General Conference, with administrative responsibility for
particular geographical areas.
12. Within these four levels the Church operates various institutions. In their world
outreach, Adventists serve the whole person and have developed educational,
health-care, publishing, media (radio, print, television, web, satellite), and other
institutions. The multiple units of the world Church, whether congregations,
conferences, health-care institutions, publishing houses, schools, or other
organizations, all find their organizational unity in the General Conference of the
Seventh-day Adventists in which they have representation.
13. The General Conference is the highest earthly authority for the Church. The
General Conference in session, and the Executive Committee between
sessions, is the highest organization in the administration of the Church's
worldwide work, and is authorized by its constitution to create subordinate
organizations to promote specific interests in various sections of the world.
When differences arise in or between organizations and institutions, appeal to
the next higher organization is proper until it reaches the General Conference in
session, or the Executive Committee at the Annual Council. During the interim
between these sessions, the Executive Committee shall constitute the body of
DECLARATION OF RICARDQ GRAHAM IN SUPPORT OF RICARDO GRAHAM, DANIEL R.
J CKSON, AND LARRY BLACKI!AER'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL THE
DEPOSITION TI!ISTIMONY OF DEFENDANT RICARDO GRAHAM
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final authority on all questions where a difference of viewpoint may develop.
14.Administratively, the world-wide Church has 13 Divisions, which are composed
of churches grouped by a collection of missions, fields, or states into unions of
churches. The North American Division is one of the 13 Divisions.
15. The Pacific Union Conference of Seventh-day Adventists is one of the
conferences within the North American Division.
16.According to article four of the La Sierra University Bylaws in effect on June 9,
2011, La Sierra University ("LSU") is "an institution of higher education
sponsored and maintained by the Pacific Union Conference of Seventh-day
Adventists as part of the system of education institutions established throughout
the world by the Seventh-day Adventist Church."
17. I made the decision to ask plaintiffs for their resignations in my capacity as
Chair of LSU's board of trustees. Specifically, on June 10, 2011, I asked Plaintiff
Jeffry Kaatz to resign from his position as Vice President for University
Advancement. I asked Plaintiff James Beach to resign from his position as
Dean of the College of Arts & Sciences. Both men were allowed to exercise
their "retreat rights" as tenured faculty members and remained LSU employees
but left their positions as LSU administrative leaders. I asked Plaintiff Gary
Bradley, who was not a tenured professor, to resign from his position as a part-
time Professor of Biology. I told the Plaintiffs that if they did not choose to
resign I would ask the LSU board to follow its procedures for discipline. I asked
the Plaintiffs for their resignations based on my own examination of the
transcript of a recording inadvertently made during a conversation between
Plaintiffs. Another person participating in that conversation had inadvertently
recorded that conversation and I became aware that the recording had been
distributed to others. A true and correct copy of that transcript is being filed
with this opposition as Exhibit "C." I thought that asking the Plaintiffs to
ACKSON, AND LARRY BLACI(MER'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL THE
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resign was in the best interests of LSU. Given their statements, I still believe
2 that to be true. Plaintiffs subsequently asked the LSU board to allow them to
3 rescind their resignations but the LSU board subsequently reviewed the process
4 and voted to ratify my actions and to accept Plaintiffs' resignations.
5 18.LSU's enrollment has increased each year since Plaintiffs' resignations. In the
6 fall of 2011, the first academic year after the resignations, 2,098 students
7 registered at LSU. That was the first time LSU had topped the 2,000 mark in
8 enrollment since its establishment as a university, exceeding the previous
9 enrollment record of 1,946 set in the fall of 2003. LSU's enrollment grew by
10 more than 8% this school year (beginning 2012), to 2,393, making this the third
11 straight year of increased enrollment.
12
13 I declare under penalty of under the laws of the Stale of California that
14 I e foregoing is true and correct.
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Executed this of June, 2013, at 10 ,CA.

DECLARATION OF RICARDP GRAHAM IN SUPPORT OF RICARDO GRAHAM, DANIEL R.
ACKSON, AND LARRY BLACKMER'S OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL THE
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PROOF OF SERVICE
CCP 1013(a), 1013(c), 2015.5/FRCP 5
Colilomia Rules of Court 2.253, 2.255, 2.260, 2.301(3), 2.306(a)
ENAME: KAAJZv.GRAHAM etal.
URT NAME: RIVERSIDE COUNTY SUPERIOR COURT
E NO: RIC 1112557
I am a resident of, or employed i1 the Coonty of Sacramento, State of California. I am over the age of eighteen years
not a party to this action. My business address is: 1420 River PEJIX Drive, -r Floor: Sacramento, CA 95815.
On the date bekJw, I seNed the following listed documents by the method Indicated below, on the parties in this action:
CKSON, AND LARRY BLACKMER'S OPPOSmON TO PLAINTIFFS' MOTION TO COMPEL THE
BY U.S. MAll: By placi1g 0 ll1e orlginaV 181 a true copy theraof enclosed in a sealed envelope(s), with postage fully
prepakl, addresses as par the attached service list, for collection and mailing at Hiroshima, Jacobs, Roth & lewis in
Sacramento, Caltfomia following ordinary business practices. I am readily familiar with the firm's practice for colection
and processing of cotT8Spondence for maiUng. Under that practice, the correspondence is deposited with the U.S. Postel
Service on the same day ln the ordinary course of business. see CCP 1013(a).
BY OVERNIGHT DEliVERY: By delivering tho document(s) listed above in a sealed anvelope(s) 0< packago(s)
designated by the express service carrier, with delivery fees paid or provided for, addresses as per the attached service
list to a facilily regula<ly mainlalned by 111e express service carrier or to an authoriZed courier or drivEl' authoriZed by the
express service to I8Ceive documents. Sent V10 . See CCP 1 013(c).
BY PERSONAl DEUVERY:
0 By personally delivering the document(s) isted above to ll1e parties isted on the service list. See CCP 1011.
0 By peqonally delivering the documents(&) isted ebove to the olflces at the address(es) shown on the service list
SeeCCP 1011(a).
0 By placing the document(&) listed above In a sealed envelope(&) and nstrucUng a registered process S&IVer to
personally deliver the envelope{s) to the offices at the addrass(es) set forth on the attached service list. The signed proof
of service by the registered process server is attached.
BY ElECTRONIC SERVICE: (via elodronlc filing service provider) By electronically transmiling the listed
above to a LexlsNexis Fie and serve, an electronic service provider, at www.fi!eandserve.!exinex!s.com pursuant to
the Court's Order mandating eledronic Service. The transmission was reported as complete wand without error. See
C&lifO<nia Rules of eoun 2.253, 2.255, 2.260.
BY ElECTRONIC SERVICE: (to individual persons) By electronically transmitting lho listed above to the
email address(es) of the set forth on the attached service list. The transmisskln was reported as complete
without error. See Rules of Court 2260.
BY FACSIMilE: By tnm...-g the document(s) riSted above fnorn HIROSHIMA, JACOBS, ROTH & lEWIS in
Sacramento, California to the fllcsimile machine telephone nurnber(s} set forth on the attached seMce list. The
lalephone number I used was (916) 929-7335. T11e facsimile machine complies with Rule 2.301(3) of the Califomia
Rules of Court. Service by facsimile transmisskln was made pursuant to the agreement d lhe parties, confirmed tn
writing. Pursuant to California Rules of Court, 2.306{a), I caused the machine to print a transmission record of the
transmission, a copy of which is attached to this Declaration.
STATE I declare under the penaly of perjury under the laws of the State of California that he above is true and
correct.
FEDERAL I dedare under the penalty d perjury under the laws of the United Slates that I am employed in the office of
a member d the bard this court whoSe direcdon the service is made.
Executed on , at Sacramento, California.
CHRISTINA WILL 1s1
(Slgnatu .. )
P OOF OF SERVICE -7-
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PROOF OF SERVICE
CCP 1013(a), 1013(c), 2015.5/FRCP 5
Rules of coon 2.253, 2255, 2.260, 2.301(3), 2.3C6(a)
SERVICE LIST
COUNSEL PHONEIFAXIEMAII.
F ic:hat<l D. MCCuna, Esq.
PH: (909) 557-1250
C. Wright, Esq.
FX: (919) 557-1275
: ichele M. Ven:oskl, Esq. JEFFRY M. KAATZ, JAMES W.
cCuneWright LLP
EM: rdm@mccunewric!ht.com
BEACH, and GARY L BRADLEY
' 'r:r Clnlnge Tree Lane, 216

lands, CA 92374
Will
icheel W. Connally, Esq. PH: (714) 545-9200 er..-&.:DEFENDANTS
r::""" L. DeYiing, Esq. FX: (714) 85CH030
n Paisan, Esq. LA SIERRA UNIVERSITY,
BRISBOIS BISGMRD & SMITH, LLP
EM: connally@lbbslaw.com
PACIFIC UNION CONFERENCE
iQOtT own Center DriYe, 1400 !J:vling@lbb:ls!W '-2m OF SEVENTH-DAY AOVENTISTS
Ia Mesa, CA 92626
SQB!san@bbsJaw oom
end NORTH AMERICAN DIVISION
CORIPORA TION OF SEVENTH-
DAY ADVENTISTS
ROOF OF SERVICE -8-
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Home About Our Church Calendar Ministries News Bible Mudr Resources Medla Directory Contaet Us
What We Believe
Adventists believe a Trinity of three persons- the Father, the Son, and the Holy Spirit- make up one God. They made salvation
possible when Jesus, the Son, came to earth as a baby in Bethlehem and lived a sinless life in accordance with the Father's will.
When Jesus was crucified for the sins of the people of the world and arose from the dead on the third day, victory was won for
everyone.
When He returned to heaven following the resurrection, Jesus left the Holy Spirit to serve as our Comforter and Counselor. He
promised to return to earth a second time to complete His plan of salvation and take His people to heaven. Adventists are among
the believers who look forward to that day.
Adventists believe that God is concerned with the quality of human life, and that everything - the way we live, eat, speak, think,
treat each other, and care for the world around us - is part of His plan. Our families, our children, our jobs, our talents, our money,
and our time are all important to Him.
28 Fundamental Beliefs
Seventh-day Adventists accept the Bible as their only creed and hold certain fundamental beliefs to be the teaching of the Holy
Scriptures. These beliefs, as set forth here, constrtute the church's understanding and expression of the teaching of Scripture.
Revision of these statements may be expected at a General Conference session when the church is led by the Holy Spirit to a
fuller understanding of Bible truth or finds better language in which to express the teachings of God's Holy Word. (Click the[+] to
learn more.)
G The Holy Scriptures
The Holy Scriptures, Old and New Testaments. are the written Word of God,
given by divine inspiration through holy men of God who spoke and wrote as they
were moved by the Holy Spirit. In this Word, God has committed to man the
knowledge necessary for salvation. The Holy Scriptures are the infallible
revelation of His will. They are the standard of character, the test of experience,
the authoritative revealer of doctrines, and the trustworthy record of God's acts in
history. (2 Peter 1:20, 21; 2 Tim. 3:16, 17; Ps. 119:105; Prov. 30:5, 6; lsa. 8:20;
John 17:17; 1 Thess. 2:13; Heb. 4:12.)
G The Trinity
There is one God: Father, Son, and Holy Spirrt, a unity of three co-eternal
Persons. God is immortal, all-powerful, all-knowing, above all, and ever present.
He is infinite and beyond human comprehension, yet known through His
self-revelation. He is forever worthy of worship, adoration, and service by the
whole creation. (Deut. 6:4; Matt. 28:19; 2 Cor. 13:14; Eph. 4:4-6; 1 Peter 1:2; 1
Tim. 1: 17; Rev. 14:7.)
G The Father
God the eternal Father is the Creator, Source, Sustainer, and Sovereign of all
creation. He is just and holy, merciful and gracious, slow to anger, and abounding
in steadfast love and faithfulness. The qualities and powers exhibited in the Son
and the Holy Spirit are also revelations of the Father. (Gen. 1:1; Rev. 4: 11; 1 Cor.
15:28; John 3: 16; 1 John 4:8; 1 Tim. 1: 17; Ex. 34:6, 7; John 14:9.)
G The Son
God the eternal Son became incarnate in Jesus Christ. Through Him all things
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were created, the character of God is revealed, the salvation of humanity is
accomplished, and the world is judged. Forever truly God, He became also truly
man, Jesus the Christ. He was conceived of the Holy Spirit and born of the virgin
Mary. He lived and experienced temptation as a human being, but perfectly
exemplified the righteousness and love of God. By His miracles He
God's power and was attested as God's promised Messiah. He suffered and died
voluntarily on the cross for our sins and in our place, was raised from the dead,
and ascended to minister in the heavenly sanctuary in our behalf. He will come
again in glory for the final deliverance of His people and the restoration of all
things. (John 1:1-3, 14; Col. 1:15-19; John 10:30; 14:9; Rom. 6:23; 2 Cor.
5:17-19; John 5:22; Luke 1:35; Phil. 2:5-11; Heb. 2:9-18; 1 Cor. 15:3, 4; Heb.
8:1, 2; John 14:1-3.)
B The Holy Spirit
God the eternal Spirit was active with the Father and the Son in Creation,
incarnation, and redemption. He inspired the writers of Scripture. He filled Christ's
life with power. He draws and convicts human beings; and those who respond He
renews and transforms into the image of God. Sent by the Father and the Son to
be always with His children, He extends spiritual gifts to the church, empowers rt
to bear witness to Christ, and in harmony wrth the Scriptures leads it into all truth.
(Gen. 1:1, 2; Luke 1:35; 4:18; Acts 10:38; 2 Peter 1:21; 2 Cor. 3:18; Eph. 4:11,
12; Acts 1:8; John 14:16-18, 26; 15:26, 27; 16:7-13.)
B Creatoon
God is Creator of all things, and has revealed in Scripture the authentic account of
His creative activrty. In six days the Lord made "the heaven and the earth" and all
living things upon the earth, and rested on the seventh day of that first week. Thus
He established the Sabbath as a perpetual memorial of His completed creative
work. The first man and woman were made in the image of God as the crowning
work of Creation, given dominion over the world, and charged with responsibility
to care for it. When the world was finished rt was "very good", declaring the glory
of God. (Gen. 1; 2; Ex. 20:8-11; Ps. 19:1-6; 33:6, 9; 104; Heb. 11:3.)
8 The Nature of Man
Man and woman were made in the image of God with individuality, the power and
freedom to think and to do. Though created free beings, each is an indivisible
unity of body, mind, and spirit, dependent upon God for life and breath and all
else. When our first parents disobeyed God, they denied their dependence upon
Him and fell from their high posrtion under God. The image of God in them was
marred and they became subject to death. Their descendants share this fallen
nature and its consequences. They are born with weaknesses and tendencies to
evil. But God in Christ reconciled the world to Himself and by His Spirit restores in
penrtent mortals the image of their Maker. Created for the glory of God, they are
called to love Him and one another, and to care for their environment. (Gen.
1:26-28; 2:7; Ps. 8:4-8; Acts 17:24-28; Gen. 3; Ps. 51:5; Rom. 5:12-17; 2 Cor.
5:19, 20; Ps. 51:10; 1 John 4:7, 8, 11, 20; Gen. 2:15.)
8 The Great Controversy
All humanity is now involved in a great controversy between Christ and Satan
regarding the character of God, His law, and His sovereignty over the universe.
This conflict originated in heaven when a created being, endowed with freedom of
choice, in self-exaltation became Satan, God's adversary, and led into rebellion a
portion of the angels. He introduced the spirit of rebellion into this world when he
led Adam and Eve into sin. This human sin resulted in the distortion of the image
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of God in humanity, the disordering of the created world, and its eventual
devastation at the time of the worldwide flood. Observed by the whole creation,
this world became the arena of the universal conflict, out of which the God of love
will ultimately be vindicated. To assist His people in this controversy, Christ sends
the Holy Spirrt and the loyal angels to guide, protect, and sustain them in the way
of salvation. (Rev. 12:4-9; I sa. 14:12-14; Eze. 28:12-18; Gen. 3; Rom. 1:19-32;
5:12-21; 8:19-22; Gen. 6-8; 2 Peter 3:6; 1 Cor. 4:9; Heb. 1:14.)
8 The Life, Death, and Resurrection of Christ
In Christ's life of perfect obedience to God's will, His suffering, death, and
resurrection, God provided the only means of atonement for human sin, so that
. those who by faith accept this atonement may have eternal life, and the whole
creation may better understand the infinite and holy love of the Creator. This
perfect atonement vindicates the righteousness of God's law and the
graciousness of His character; for it both condemns our sin and provides for our
forgiveness. The death of Christ is substitutionary and expiatory, reconciling and
transforming. The resurrection of Christ proclaims God's triumph over the forces
of evil, and for those who accept the atonement assures their final victory over sin
and death. It declares the Lordship of Jesus Christ, before whom every knee in
heaven and on earth will bow. (John 3:16; I sa. 53; 1 Peter 2:21, 22; 1 Cor. 15:3,
4, 20-22; 2 Cor. 5:14, 15, 19-21; Rom. 1:4; 3:25; 4:25; 8:3, 4; 1 John 2:2; 4:10;
Col. 2:15; Phil. 2:6-11.)
8 The Experience of Salvation
In infinite love and mercy God made Christ, who knew no sin, to be sin for us, so
that in Him we might be made the righteousness of God. Led by the Holy Spirit
we sense our need, acknowledge our sinfulness, repent of our transgressions,
and exercise faith in Jesus as Lord and Christ, as Substitute and Example. This
faith which receives salvation comes through the divine power of the Word and is
the gift of God's grace. Through Christ we are justified, adopted as God's sons
and daughters, and delivered from the lordship of sin. Through the Spirit we are
born again and sanctified; the Spirit renews our minds, writes God's law of love in
our hearts, and we are given the power to live a holy life. Abiding in Him we
become partakers of the divine nature and have the assurance of salvation now
and in the judgment. (2 Cor. 5:17-21; John 3: 16; Gal. 1 :4; 4:4-7; Titus 3:3-7; John
16:8; Gal. 3:13, 14; 1 Peter 2:21, 22; Rom. 10:17; Luke 17:5; Mark 9:23, 24;
Eph. 2:5-10; Rom. 3:21-26; Col. 1:13, 14; Rom. 8:14-17; Gal. 3:26; John 3:3-8; 1
Peter 1:23; Rom. 12:2: Heb. 8:7-12; Eze. 36:25-27; 2 Peter 1:3, 4; Rom. 8:1-4;
5:6-10.)
8 Growing in Christ
By His death on the cross Jesus triumphed over the forces of evil. He who
subjugated the demonic spirits during His earthly ministry has broken their power
and made certain their ultimate doom. Jesus' victory gives us victory over the evil
forces that still seek to control us, as we walk with Him in peace, joy, and
assurance of His love. Now the Holy Spirit dwells within us and empowers us.
Continually commrtted to Jesus as our Saviour and Lord, we are set free from the
burden of our past deeds. No longer do we live in the darkness, fear of evil
powers, ignorance, and meaninglessness of our former way of life. In this new
freedom in Jesus, we are called to grow into the likeness of His character,
communing with Him daily in prayer, feeding on His Word, meditating on it and on
His providence, singing His praises, gathering together for worship, and
participating in the mission of the Church. As we give ourselves in loving service to
those around us and in witnessing to His salvation, His constant presence with us
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through the Spirit transforms every moment and every task into a spiritual
experience. (Ps 1:1, 2; 23:4; 77:11, 12; Col1:13, 14; 2:6, 14, 15; Luke 10:17-20;
Eph 5:19. 20; 6:12-18; 1 Thess 5:23; 2 Peter 2:9; 3:18; 2 Cor. 3:17, 18; Phil
3:7-14; 1 Thess 5:16-18; Matt 20:25-28; John 20:21; Gal 5:22-25; Rom 8:38, 39;
1 John 4:4; Heb 10:25.)
EJ The Church
The church is the community of believers who confess Jesus Christ as Lord and
Saviour. In continuity with the people of God in Old Testament times, we are
called out from the world; and we join together for worship, for fellowship, for
instruction in the Word, for the celebration of the Lord's Supper, for service to all
mankind, and for the worldwide proclamation of the gospel. The church derives its
authority from Christ, who is the incarnate Word, and from the Scriptures, which
are the written Word. The church is God's family; adopted by Him as children, its
members live on the basis of the new covenant. The church is the body of Christ,
a community of faith of which Christ Himself is the Head. The church is the bride
for whom Christ died that He might sanctify and cleanse her. At His return in
triumph, He will present her to Himself a glorious church, the faithful of all the
ages, the purchase of His blood, not having spot or wrinkle, but holy and without
blemish. (Gen. 12:3; Acts 7:38; Eph. 4:11-15; 3:8-11; Matt. 28:19, 20; 16:13-20;
18:18; Eph. 2:19-22; 1:22, 23; 5:23-27; Col. 1:17, 18.)
EJ The Remnant and Its Mission
The universal church is composed of all who truly believe in Christ, but in the last
days, a time of widespread apostasy, a remnant has been called out to keep the .
commandments of God and the faith of Jesus. This remnant announces the arrival
of the judgment hour, proclaims salvation through Christ. and heralds the
approach of His second advent. This proclamation is symbolized by the three
angels of Revelation 14; it coincides with the work of judgment in heaven and
results in a work of repentance and reform on earth. Every believer is called to
have a personal part in this worldwide witness. (Rev. 12:17; 14:6-12; 18:1-4; 2
Cor. 5:10; Jude 3, 14; 1 Peter 1:16-19; 2 Peter 3:10-14; Rev. 21:1-14.)
EJ Unity in the Body of Christ
male and female, must not be divisive among us. We are all equal in Christ, who
by one Spirit has bonded us into one fellowship with Him and with one another; we
are to serve and be served without partiality or reservation. Through the revelation
of Jesus Christ in the Scriptures we share the same faith and hope, and reach out
in one witness to all. This unity has its source in the oneness of the triune God,
who has adopted us as His children. (Rom. 12:4, 5; 1 Cor. 12:12-14; Matt. 28:19,
20; Ps. 133:1; 2 Cor. 5:16, 17; Acts 17:26, 27; Gal. 3:27, 29; Col. 3:10-15; Eph.
4:14-16; 4:1-6; John 17:20-23.)
E' Baptism
By baptism we confess our faith in the death and resurrection of Jesus Christ, and
testify of our death to sin and of our purpose to walk in newness of life. Thus we
acknowledge Christ as Lord and Saviour, become His people, and are received
as members by His church. Baptism is a symbol of our union with Christ, the
forgiveness of our sins, and our reception of the Holy Spirit. It is by immersion in
water and is contingent on an affirmation of faith in Jesus and evidence of
repentance of sin. It follows instruction in the Holy Scriptures and acceptance of
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their teachings. (Rom. 6:1-6; Col. 2:12, 13; Acts 16:30-33; 22:16; 2:38; Matt.
28:19, 20.)
EJ The Lord's Supper
The Lord's Supper is a participation in the emblems of the body and blood of
Jesus as an expression of faith in Him, our Lord and Saviour. In this experience of
communion Christ is present to meet and strengthen His people. As we partake,
we joyfully proclaim the Lord's death until He comes again. Preparation for the
Supper includes self-examination, repentance, and confession. The Master
ordained the service of foot washing to signify renewed cleansing, to express a
willingness to serve one another in Christlike humility, and to unite our hearts in
love. The communion service is open to all believing Christians. (1 Cor. 10:16, 17;
11:23-30; Matt. 26:17-30; Rev. 3:20; John6:48-63; 13:1-17.)
EJ Spiritual Gifts and Ministries
God bestows upon all members of His church in every age spiritual gifts which
each member is to employ in loving ministry for the common good of the church
and of humanity. Given by the agency of the Holy who apportions to each
member as He wills, the gifts provide all abilities and ministries needed by the
church to fulfill its divinely ordained functions. According to the Scriptures, these
gifts include such ministries as healing, prophecy, proclamation, teaching,
administration, reconciliation, compassion, and self-sacrificing service and
for the help and encouragement of people. Some members are called of God and
endowed by the Spirit for functions recognized by the church in pastoral,
evangelistic, apostolic, and teaching ministries particularly needed to equip the
members for service, to build up the church to spiritual maturity, and to foster
unity of the and knowledge of God. When members employ these spiritual
gifts as faithful stewards of God's varied grace, the church is protected from the
destructive influence of false doctrine, grows a growth that is from God, and
is built up in faith and love. (Rom. 12:4-8; 1 Cor. 12:9-11, 27, 28; Eph. 4:8, 11-16;
Acts6:1-7; 1 Tim. 3:1-13; 1 Peter4:10, 11.)
EJ The Gift of Prophecy
One of the gifts of the Holy Spirit is prophecy. This gift is an identifying mark of
the remnant church and was manifested in the ministry of Ellen. G. WMe . As the
Lord's messenger. her writings are a continuing and source of truth
which provide for the church comfort, guidance, instruction, and correction. They
also make clear that the Bible is the standard by which all teaching and
experience must be tested. (Joel2:28, 29; Acts 2:14-21; Heb. 1:1-3; Rev 12:17;
19:10.)
EJ The Law of God
The great principles of God's law are embodied in the Ten Commandments and
exemplified in the life of Chris\. They express God's love, will, and purposes
concerning human conduct and relationships and are binding upon all people in
every age. These precepts are the basis of God's covenant with His people and
the standard in God's judgment. Through the agency of the Holy Spirit they point
out sin and awaken a sense of need for a Saviour. Salvation is all of grace and
not of works, but its is obedience to the Commandments. This obedience
develops Christian character and results in a sense of well-being. It is an evidence
of our love for the Lord and our concern for our fellow men. The obedience of
faith demonstrates the power of Christ to transform lives, and therefore
strengthens Christian witness. (Ex. 20: 1-17; Ps. 40:7, 8; Matt. 22:36-40; Deut.
28:1-14; Matt. 5:17-20; Heb. 8:8-10; John 15:7-10; Eph. 2:8-10; 1 John 5:3;
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F 8:3, 4; Ps. 19:7-14.)
EJ The Sabbath
The beneficent Creator, after the six days of Creation, rested on the seventh day
and instituted the Sabbath for all people as a memorial of Creation. The fourth
commandment of God's unchangeable law requires the observance of this
seventh-day Sabbath as the day of rest, worship, and ministry in harmony with the
teaching and practice of Jesus, the Lord of the Sabbath. The Sabbath is a day of
delightful communion with God and one another. It is a symbol of our redemption
in Christ, a sign of our sanctification, a token of our allegiance, and a foretaste of
our eternal future in God's kingdom. The Sabbath is God's perpetual sign of His
eternal covenant between Him and His people. Joyful observance of this holy time
from evening to evening, sunset to sunset, is a celebration of God's creative and
redemptive acts. (Gen. 2:1-3; Ex. 20:8-11; Luke4:16; !sa. 56:5, 6; 58:13, 14;
Matt. 12:1-12; Ex. 31:13-17; Eze. 20:12, 20; Deut. 5:12-15; Heb. 4:1-11; Lev.
23:32; Mark 1:32.)
El Stewardship
We are God's stewards, entrusted by Him with time and opportunities, abilrties
and possessions, and the blessings of the earth and its resources. We are
responsible to Him for their proper use. We acknowledge God's ownership by
faithful service to Him and our fellow men, and by returning tithes and giving
offerings for the proclamation of His gospel and the support and growth of His
church. Stewardship is a privilege given to us by God for nurture in love and the
victory over selfishness and covetousness. The steward rejoices in the blessings
that come to others as a result of his faithfulness. (Gen. 1:26-28; 2:15; 1 Chron.
29:14; Haggai 1:3-11; Mal. 3:8-12; 1 Cor. 9:9-14; Matt. 23:23; 2 Cor. 8:1-15;
Rom. 15:26, 27.)
EJ Christian Behavior
We are called to be a godly people who think, feel, and act in harmony with the
principles of heaven. For the Spirrt to recreate in us the character of our Lord we
involve ourselves only in those things which will produce Christlike purity, health,
and joy in our lives. This means that our amusement and entertainment should
meet the highest standards of Christian taste and beauty. While recognizing
cultural differences, our dress is to be simple, modest, and neat, befitting those
whose true beauty does not consist of outward adornment but in the imperishable
ornament of a gentle and quiet spirit. It also means that because our bodies are
the temples of the Holy Spirit, we are to care for them intelligently. Along with
adequate exercise and rest, we are to adopt the most healthful diet possible and
abstain from the unclean foods identified in the Scriptures. Since alcoholic
beverages, tobacco, and the irresponsible use of drugs and narcotics are harmful
to our bodies, we are to abstain from them as well. Instead, we are to engage in
whatever brings our thoughts and bodies into the discipline of Christ, who desires
our wholesomeness, joy, and goodness. (Rom. 12:1, 2; 1 John 2:6; Eph. 5:1-21;
Phil. 4:8; 2 Cor. 10:5; 6:14-7:1; 1 Peter 3:1-4; 1 Cor. 6:19, 20; 10:31; Lev.
11:1-47; 3 John 2.)
E Marriage and the Family
Marriage was divinely established in Eden and affirmed by Jesus to be a lifelong
union between a man and a woman in loving companionship. For the Christian a
marriage commitment is to God as well as to the spouse, and should be entered
into only between partners who share a common faith. Mutual love, honor,
respect, and responsibility are the fabric of this relationship, which is to reflect the
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love, sanctity, closeness, and permanence of the relationship between Christ and
His church. Regarding divorce, Jesus taught that the person who divorces a
spouse, except for fornication, and marries another, commits Although
some family relationships may fall short of the ideal, marriage partners who fully
commit themselves to each other in Christ may achieve loving unity through the
guidance of the Spirit and the nurture of the church. God blesses the family and
intends that its members shall assist each other toward complete maturity.
Parents are to bring up their children to love and obey the Lord. By their example
and their words they are to teach them that Christ is a loving disciplinarian, ever
tender and caring, who wants them to become members of His body, the family of
God. Increasing family closeness is one of the earmarks of the final gospel
message. (Gen. 2:18-25; Matt. 19:3-9; John 2:1-11; 2 Cor. 6:14; Eph. 5:21-33;
Matt. 5:31, 32; Mark 10:11, 12; Luke 16:18; 1 Cor. 7:10, 11; Ex. 20:12; Eph.
6:1-4; Deut. 6:5-9; Prov. 22:6; Mal. 4:5, 6.)
EJ Christ's Ministry in the Heavenly Sanctuary
There is a sanctuary in heaven, the true tabernacle which the Lord set up and not
man. In it Christ ministers on our behalf, making available to believers the benefits
of His atoning sacrifice offered once for all on the cross. He was inaugurated as
our great High Priest and began His intercessory ministry at the time of His
ascension. In 1844, at the end of the prophetic period of 2300 days, He entered
the second and last phase of His atoning ministry. It is a work of investigative
judgment which is part of the ultimate disposition of all sin, typified by the
cleansing of the ancient Hebrew sanctuary on the Day of Atonement. In that
typical service the sanctuary was cleansed with the blood of animal sacrifices, but
the heavenly things are purified with the perfect sacrifice of the blood of Jesus.
The investigative judgment reveals to heavenly intelligences who among the dead
are asleep in Christ and therefore, in Him, are deemed worthy to have part in the
first resurrection. It also makes manifest who among the living are abiding in
Christ, keeping the commandments of God and the faith of Jesus, and in Him,
therefore, are ready for translation into His everlasting kingdom. This judgment
vindicates the justice of God in saving those who believe in Jesus. It declares that
those who have remained loyal to God shall receive the kingdom. The completion
of this ministry of Christ will mark the close of human probation before the Second
Advent. (Heb. 8:1-5; 4:14-16; 9:11-28; 10:19-22; 1:3; 2:16, 17; Dan. 7:9-27;
8:13, 14; 9:24-27; Num. 14:34; Eze. 4:6; Lev. 16; Rev. 14:6, 7; 20:12; 14:12;
22:12.)
EJ The Second Coming of Christ
The second coming of Christ is the blessed hope of the church, the grand climax
of the gospel. The Saviour's coming will be literal, personal, visible, and
worldwide. When He returns, the righteous dead will be resurrected, and together
with the righteous living will be glorified and taken to heaven, but the unrighteous
will die. The almost complete fulfillment of most lines of prophecy, together with
the present condition of the world, indicates that Christ's coming is imminent. The
time of that event has not been revealed, and we are therefore exhorted to be
ready at all times. (Titus 2:13; Heb. 9:28; John 14:1-3; Acts 1:9-11; Matt. 24:14;
Rev. 1:7; Matt. 24:43, 44; 1 Thess. 4:13-18; 1 Cor. 15:51-54; 2 Thess. 1:7-10;
2:8; Rev. 14:14-20; 19:11-21; Matt. 24; Mark 13; Luke 21; 2 Tim. 3:1-5; 1 Thess.
5:1-6.)
EJ Death and Resurrection
The wages of sin is death. But God, who alone is immortal, will grant eternal life
to His redeemed. Until that day death is an unconscious state for all people. When
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Christ, who is our life, appears, the resurrected righteous and the living righteous
will be glorified and caught up to meet their Lord. The second resurrection, the
resurrection of the unrighteous, will take place a thousand years later. (Rom.
6:23; 1 Tim. 6:15, 16; Eccl. 9:5, 6; Ps. 146:3, 4; John 11:11-14; Col. 3:4; 1 Cor.
15:51-54; 1 Thess. 4:13-17; John 5:28, 29; Rev. 20:1-10.)
El The Millennium and the End of Sin
The millennium is the thousand-year reign of Christ with His saints in heaven
between the first and second resurrections. During this time the wicked dead will
be judged; the earth will be utterly desolate, without living human inhabitants, but
occupied by Satan and his angels. At its close Christ with His saints and the Holy
City will descend from heaven to earth. The unrighteous dead will then be
resurrected, and wrth Satan and his angels will surround the city; but fire from
God will consume them and cleanse the earth. The universe will thus be freed of
sin and sinners forever. (Rev. 20; 1 Cor. 6:2, 3; Jer. 4:23-26; Rev. 21: 1-5; Mal.
4:1; Eze. 28:18, 19.)
El The New Earth
On the new earth, in which righteousness dwells, God will provide an eternal
home for the redeemed and a perfect environment for everlasting life, love, joy,
and learning in His presence. For here God Himself will dwell with His people, and
suffering and death will have passed away. The great controversy will be ended,
and sin will be no more. All things, animate and inanimate, will declare that God is
love; and He shall reign forever. Amen. (2 Peter 3:13; I sa. 35; 65:17-25; Matt.
5:5; Rev. 21:1-7; 22:1-5; 11:15.)
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EXHIBITB
BYLAWS
Riverside, California
May 13,2010
LSU000038
Table of Contents
ARTICLE ONE: Name ............................................................................................................................ I
ARTICLE TWO: Location ...................................................................................................................... !
ARTICLE THREE: Legal Entity ............................................................................................................ !
ARTICLE FOUR: Purposes .................................................................................................................... !
ARTICLE FIVE: Constituent Membership
Section 5 .I Membership ........................................................................................................ I
Section 5.2 Functions of the Membership ............................................................................ !
Section 5.3 Designation of Membership .............................................................................. 2
Section 5.4 Constituent Membership Meetings ................................................................... 2
Section 5.5 Officers of the Constituent Membership ........................................................... 3
Section 5.6 Nomination Committee ..................................................................................... 3
Section 5.7 Articles and Bylaws Committee ........................................................................ 3
Section 5.8 Special Meetings ................................................................................................ 4
Section 5.9 Quorum ............................................................................................................... 4
Section 5.10 Voting ................................................................................................................. 4
Section 5.11 One Member, One Vote ..................................................................................... 4
ARTICLE SIX: Trustees
Section 6.1 Board of Trustees ............................................................................................... 4
Section 6.2 Trustee Membership .......................................................................................... 5
Section 6.3 Chair of the Board of Trustees .......................................................................... 5
Section 6.4 Secretary of the Board of Trustees .................................................................... 6
Section 6.5 Vice Chair of the Board ofTrustees .................................................................. 6
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Vacancies ............................................................................................................ 6
Open Meetings ................................................................................................... 6
Trustee Duties and Authority ............................................................................ 6
Place of Meeting ................................................................................................ 8
Notice of Meeting .............................................................................................. 8
Waiver of Notice ................................................................................................ 8
Number of Meetings .......................................................................................... 8
Special Meetings ................................................................................................ 8
Polling the Board of Trustees ............................................................................ 9
Quorum ............................................................................................................... 9
One Trustee, One Vote '9
Conflicts of Interest.. .......................................................................................... 9
ARTICLE SEVEN: Officers
Section 7 .I Offices ................................................................................................................. 9
Section 7.2 President ............................................................................................................. 9
Section 7.3 Powers of the President... ................................................................................. IO
LSU000039
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Inability of the President to Serve ................................................................... I 0
Secretary ........................................................................................................... I 0
Assistant Secretaries ........................................................................................ II
Chief Financial Officer .................................................................................... !!
ARTICLE EIGHT: Audit
Section 8.1 Audit ................................................................................................................. !!
Section 8.2 Employment of Auditors ................................................................................. !!
Section 8.3 Audit Reports ................................................................................................... !!
ARTICLE NINE: Records ..................................................................................................................... II
ARTICLE TEN: Amendments .............................................................................................................. 12
ARTICLE ELEVEN: Inspection ........................................................................................................... 12
ARTICLE TWELVE: Contracts and Agreements ............................................................................... 12
ARTICLE THIRTEEN: Rules of Order ............................................................................................... 12
ARTICLE FOURTEEN: Indemnification
Section 14 .I Right of!ndemnity ........................................................................................... 12
Section 14.2 Approval of Indemnity ..................................................................................... 12
Section 14.3 Advancement ofExpenses ............................................................................... 13
Section 14.4 Insurance ........................................................................................................... 13
LSU000040
LA SIERRA UNIVERSITY
BYLAWS
ARTICLE ONE: Name
The name of this Corporation is La Sierra University, hereinafter referred to as "the University."
ARTICLE TWO: Location
The principal office of the University is located in the City and County of Riverside, State of
California. The Board of Trustees (Article Six) may at any time establish branch or subordinate
offices at any place or places where the University is qualified to conduct its activities.
ARTICLE THREE: Legal Entity
The term "La Sierra University," is used to refer to the entire organization and is the legal entity
responsible for the functioning of its various divisions which include but are not limited to the
University campus.
ARTICLE FOUR: Purposes
The University is an institution of higher education sponsored and maintained by the Pacific Union
Conference of Seventh-day Adventists as part of the system of educational institutions established
throughout the world by the Seventh-day Adventist Church.
The University is operated by its Board of Trustees as an integral part of the Pacific Union
Conference of Seventh-day Adventists.
The particular objectives for which the University is formed are set forth in the Articles of
Incorporation as filed with the Secretary of State of the State of California.
Section 5.1 Membership: The University shall have a Constituent Membership as provided for in
Section 5.3. Members shall have only those rights and duties as specifically set forth in these
Bylaws. In addition, the University may refer to persons associated with it as "members" even
though those persons are not members as herein defined. No such reference shall constitute anyone
a member within the meaning of Section 5056 of the California Corporations Code.
Section 5.2 Functions of the Membership: It shall be the function of the constituent members to
attend official Constituent Membership meetings of the University; to inform themselves on the
business of the University to be transacted; to elect the members of the Board of Trustees; to receive
the report of the auditor (Article Eight) for the previous period; to amend the Articles of
Incorporation; to adopt, amend, or repeal the Bylaws as set forth in Article Ten hereof; to dispose of
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LSU000041
all or substantially all the corporate assets; to adopt, amend, or repeal a merger agreement; to wind
up and dissolve the University; and to transact such other business as may be submitted to the
Constituent Membership by the Board of Trustees. All other corporate authority shall be reserved
to the Board ofTrustees. Constituent members shall serVe only for the meetings of the Constituent
Membership for which they are appointed.
Section 5.3 Designation of Membership: The constituent members of the University shall be
members of the Seventh-day Adventist Church and, subject to this condition, except as provided for
in c. below, shall include the following:
a. The members of the Executive Committee of the Pacific Union Conference of Seventh-day
Adventists.
b. Two (2) representatives from the Arizona Conference of Seventh-day Adventists and three
(3) representatives each from the Southeastern California and Southern California
conferences of Seventh-day Adventists. These representatives shall be elected by the
Executive Committee of the Pacific Union Conference of Seventh-day Adventists from
nominations submitted by the executive committees of the respective conferences, which
shall consider suggestions made by the Board of Directors of the Alumni Association.
c. The trustees of the University, one of whom may be a non-Seventh-day Adventist Christian,
as provided for in Section 6.2.
d. The provost and vice presidents of the University and the deans of the College and Schools
of the University.
e. The chair of the Faculty Senate plus four (4) additional faculty representatives elected by the
Faculty Senate, plus two (2) additional representatives of the non-faculty staff selected by
the staff of the University.
f. Two (2) representatives from among the elected officers of the Student Association of La
Sierra University chosen by vote of the Student Senate.
g. Six (6) representatives of the Board of Directors of the Alumni Association as follows:
president, president-elect, and four members elected by the Board of Directors.
h. Additional constituent members may be seated by a two-thirds (213) vote of the constituent
members as defined above.
Section 5.4 Constituent Membership Meetings: Constituent Membership meetings shall be held on
the campus of the University not less frequently than in alternate academic years. Notice of such
regular or special meetings shall be given in writing by:
a. Mail sent not less than thirty (30) days nor more than ninety (90) days prior to the date of
such meeting and shall be effective when mailed, postage prepaid, to the last known address
of the constituent member, according to a list of constituent members certified by the
secretary of the Board of Trustees; and
b. Publication in the Pacific Union Recorder not less than thirty (30) days nor more than ninety
(90) days prior to the date of the meeting.
LSU000042
An agenda, together with supporting materials, shall be mailed not less than ten (1 0) days prior to
the date of the meeting.
Section 5.5 Officers of the Constituent Membership: The Constituent Membership in session shall
be chaired by the president of the Pacific Union Conference of Seventh-day Adventists. The
president of the University shall serve as secretary.
Section 5.6 Nominating Committee: The Board of Trustees shall appoint a Nominating Committee
and designate its chair. This committee shall meet at least sixty (60) days prior to the regular
meetings of the Constituent Membership and shall consist of eight (8) members appointed as
follows:
a. Pacific Union Conference of Seventh-day Adventists- one (1) member.
An officer.
b. The University- six (6) members.
1. A trustee, not employed by any entity of the Seventh-day Adventist Church, who serves
as a member of the Development and Membership Committee of the Board of Trustees.
2. The president.
3. A faculty member appointed from at least three (3) nominees submitted by the Faculty
Senate.
4. A student appointed from at least three (3) nominees submitted by the Student Senate of
the Student Association of La Sierra University.
5. An alumnus appointed from at least three (3) nominees submitted by the Board of
Directors of the Alumni Association.
6. A staff member appointed from at least three (3) nominees submitted by the staff.
c. At-large member- one (1) member.
An individual who is not employed by any entity of the Seventh-day Adventist Church
appointed from at least three (3) nominees submitted by the president.
With the exception of those trustees appointed ex officio pursuant to Section 6.2 a, b, c, and d, the
Nominating Committee shall nominate persons for election to the Board of Trustees. The
Nominating Committee shall serve for only one (1) meeting of the Constituent Membership and
shall report its nominations to the Constituent Membership in session. If the Constituent
Membership by majority vote objects to the report or any part of it, the portion of the report to
which objection is made shall be returned to the Nominating Committee during the session for
further consideration and report.
Section 5.7 Articles and Bylaws Committee: The Board of Trustees shall appoint an Articles and
Bylaws Committee. This committee shall meet at least ninety (90) days prior to the regular
meetings of the Constituent Membership and shall consist of six (6) members appointed as follows:
LSU000043

a. The chair of the Board of Trustees or designee.
b. Two (2) trustees, one of whom shall be designated by the chair of the Board of Trustees as
committee chair.
c. The president or designee.
d. A faculty member appointed from three (3) nominees submitted by the Faculty Senate.
e. A staff member appointed from three (3) nominees submitted by the staff.
The University's legal counsel shall serve as non-voting advisor to the committee. The members of
the Articles and Bylaws Committee shall serve for two (2) regular meetings of the Constituent
Membership after which the Board shall appoint and reappoint the membership of the committee.
The Articles and Bylaws Committee shall review the Articles oflncorporation and the Bylaws and
suggest possible amendments to the Constituent Membership in session for consideration and
adoption pursuant to Article Ten of these Bylaws.
Section 5.8 Special Meetings: A special meeting of the Constituent Membership may be called by
vote of the Board of Trustees or upon the written request of not fewer than twenty percent (20%) of
the constituent members as defined in Section 5.3 of this Article, such written request having been
delivered to the chair, vice chair, or secretary of the Board of Trustees. The secretary of the Board
of Trustees shall give notice of such a special meeting in the same manner as for a regular meeting.
Such notice shall specify the items of business to be considered. Only items ofbusiness so specified
in the notice shall be considered at that special meeting.
Section 5.9 Quorum: Except to adjourn, a majority of the authorized number of members shall
constitute a quorum of the Constituent Membership for the transaction of business. A meeting at
which a quorum is initially present may continue to transact business notwithstanding the loss of
quorum, if any action taken is approved by at least a majority of the required quorum for such
meeting, or such greater number as is required by these Bylaws.
Section 5.10 Voting: Voting shall be by roll call or hand vote at the discretion of the chair, unless a
secret ballot is requested by any member. Ballots shall be counted by a committee of three tellers
appointed by chair.
Section 5:11 One Member. One Vote: Each constituent member shall have one vote, and only one,
on any question. No member may vote or act by proxy, except as provided for in Section 14.2.
Section 6.1 Board of Trustees: Subject to the provisions of the California Corporations Code and
any limitations in the Articles of Incorporation or these Bylaws, and in accordance with the religious
principles of the Seventh-day Adventist Church, the temporal activities, business, and affairs of the
University shall be managed and all corporate powers shall be exercised by, or under the direction
of, the Board of Trustees. Trustees shall be persons capable of contributing to the enhancement of
May 13,2010
Bylaws: 4 of 13
LSU000044
the University through church or community leadership, educational expertise, fmancial support, or
personal effort.
Section 6.2 Trustee Membership: The Board of Trustees shall have a membership of twenty-three
(23) persons, all of whom shall be Christians and at least twenty-two (22) of whom shall be
members of the Seventh-day Adventist Church. The trustees shall be elected by the Constituent
Membership of the University as defined in Article Five and shall, unless removed from office for
cause, hold office until their successors are duly elected. The term of office for each trustee
commences on the first day of the first fiscal year after the election of the trustee. The trustees' term
of office shall continue through the last day of the fiscal year in which their successors are duly
elected. The following persons shall be trustees:
a. The president, secretary, treasurer, and vice president of the Pacific Union Conference of
Seventh-day Adventists.
b. The presidents of the Arizona, Southeastern California, and Southern California conferences
of Seventh-day Adventists.
c. The director of education of the Pacific Union Conference of Seventh-day Adventists.
d. The president of the University.
e. Fourteen (14) other persons elected by the Constituent Membership to no more than two
consecutive six -year terms, unless the Constituent Membership approves an exception upon
special request by the Board of Trustees. The terms of these trustees shall be staggered, so
that the terms of no more than five trustees expire at any one time. At least nine (9) of these
trustees shall not be employed by any entity of the Seventh-day Adventist Church.
Section 6.3 Trustees Emeritus and Emerita: The Board of Trustees may elect as Trustee Emeritus
or Emerita any person who has had extraordinary and distinctive service to the University that
merits exceptional recognition and who has served at least two (2) full terms or its equivalent,
twelve (12) years. The Development and Membership Committee shall review nominations
from whatever source and recommend individuals to the board for consideration. Trustees
Emeritus and Emerita shall receive all notices and minutes sent to other trustees and invitations to
attend meetings of the Board of Trustees with voice but without vote. They may also serve as
invitees to committees of the Board of Trustees.
Section 6.4 Chair of the Board of Trustees: The president of the Pacific Union Conference of
Seventh-day Adventists shall serve as chair of the Board of Trustees. It shall be the function of the
chair:
a. To preside at meetings of the Constituent Membership of the University and of the Board of
Trustees.
b. To ensure that all actions of the Constituent Membership and all actions of the Board of
Trustees are carried into effect through the University president.
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LSU000045
c. To invite additional persons as consultants to attend meetings of the Board of Trustees or its
committees.
d. To consult with the University administration between meetings of the Board of Trustees.
e. To be available to represent the Board of Trustees at University functions.
f. To lead, with the president, the Board of Trustees in raising funds for the University.
g. To perform such other duties as the Board of Trustees shall delegate.
Section 6.5 Secretary of the Board of Trustees: The president of the University shall serve as
secretary of the Board of Trustees. It shall be the function of the secretary to keep a full and
complete record of the proceedings of the meetings of the Constituent Membership and of the Board
of Trustees. The secretary shall also assist the chair in arranging meeting schedules and in
developing agendas and shall perform such other functions as may be assigned by the chair or by
the vote of the trustees.
Section 6.6 Vice Chair of the Board of Trustees: The vice chair of the Board of Trustees shall be
elected for a two-year term from among the trustees at the first meeting of the Board of Trustees
following the regular meeting of the Constituent Membership. It shall be the function of the vice
chair, in the absence of the chair or in the case of the chair's inability to act or at the request of the
chair, to exercise all functions of the chair.
Section 6.7 Vacancies: The Board of Trustees shall fill any vacancy occurring in its membership or
the position of vice chair for the unexpired term. A trustee may be removed from office for causes
including but not limited to fraudulent acts, hostility toward the University or its constituency, or
any activity which is inimical to the welfare of the University. Failure to attend two-thirds (2/3) of
the trustees' meetings in a given calendar year, the exact number to be rounded downward to the
nearest whole number, will result in automatic removal unless a majority of the total membership of
the Board of Trustees votes to retain.
Section 6.8 Open Meetings: Meetings of the Board of Trustees shall be open to attendance by
University employees, and students, except when the meeting or portion of a meeting is declared an
executive session by vote of the trustees. Additional persons may be invited to attend meetings of
the trustees by the chair or by vote of the Board of Trustees.
Section 6.9 Trustee Duties and Authority: The trustees shall guide the University wisely in
fulfilling its mission in higher education in the context of the educational, occupational, moral,
spiritual, and social needs and challenges of the Seventh-day Adventist Church. The trustees
shall be responsible for the well-being, promotion, and support of the mission of the University
and shall develop the necessary fmancial support adequate for the operation and development of
the University. The president of the University is accountable to the Board of Trustees for the
operation of the University and for recommendations in policy and planning. The Board of
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Trustees reserves to itself fmal authority for certain approvals, authorizations, and control. The
functions of the trustees with regard to the University shall include, but not be limited to the
following:
a. To establish goals, philosophy, and objectives.
b. To order and control all affairs and business, and to be informed of the work of the various
schools, departments, committees and programs.
c. To formulate, revise, and maintain official policies.
d. To approve major policy handbooks.
e. To remove from membership on the Board of Trustees for cause and declare vacant the seat
of any trustee, provided however that such removal and declaration shall be approved by an
affirmative vote of not Jess than two-thirds (2/3) of the total membership of the Board of
Trustees.
f. To appoint, promote, discipline, reassign, or discontinue the president, the provost, vice
presidents, deans, administrative department directors, academic department chairs, and
faculty. Except for the president, the Board of Trustees may delegate the appointment,
promotion, demotion, or removal of these and other personnel.
g. To award tenure to faculty.
h. To evaluate the effectiveness of policies and personnel, especially the president, and to
make changes in harmony with the goals, philosophy, and objectives of the University.
i. To grant emeritus status to administrators and faculty.
J. To authorize the acquisition and disposition of real property within the limitations of Section
5.2.
k. To authorize the disbursement of funds by designated officers.
I. To authorize the officers (Article Seven) to execute annuity agreements, trust agreements,
life income agreements, and other documents confided to the University.
m. To review the Articles oflncorporation and these Bylaws, and to recommend changes.
n. To approve the establishment or dissolution of schools, departments, academic programs,
centers, and museums.
o. To be informed about and to participate in the accrediting process.
p. To adopt the annual budgets of the University and of any subsidiary entities.
q. To approve salary scales and compensation packages.
r. To receive the annual report of the auditor, and to approve the annual audited financial
statement.
s. To cultivate, facilitate, and personally support the fund raising efforts of the University.
t. To approve and provide fmance, including voluntary support from various publics, for
the long-range development of the University.
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u. To appoint any standing or ad hoc committees of the Board of Trustees that the trustees may
deem necessary for the efficient functioning and development of the University (such as
executive, membership, academic affairs, personnel, student life, finance, development, and
campus planning), and to define the responsibilities of such committees
v. To authorize the borrowing offunds or to authorize one of its committees to borrow
within guidelines established by the Board of Trustees.
w. To exercise all of the powers conferred by the California Corporations Code as it relates to
non-profit religious corporations or other applicable laws consistent with the policies of the
Pacific Union Conference of Seventh-day Adventists.
Section 6.10 Place of Meeting: The Board of Trustees shall meet on the University campus in
Riverside, California, or elsewhere by designation of the chair or by vote of the trustees. Either the
chair or the vice chair of the Board of Trustees shall be present at all meetings. Trustees may
participate in meetings either in person or by conference telephone or similar communication
equipment, provided that all members participating can hear each other.
Section 6.11 Notice of Meeting: Notice of a meeting of the Board of Trustees, together with
supporting materials, shall be given to the trustees in writing not less than ten (I 0) days prior to the
date of the meeting, unless notice is issued as provided in this Article. Notices to trustees shall be
effective when mailed to their last known address.
Section 6.12 Waiver of Notice: The transactions of any meeting of the Board of Trustees, however
called and noticed or wherever held, shall be as valid as though transacted at a meeting duly held
after regular call and notice, if a quorum is present and if, either before or after the meeting, each of
the trustees not present signs a written waiver of notice, a consent to holding such meeting, or an
approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the
corporate records or made a part of the minutes of the meeting. Notice of a meeting shall be
deemed given to any trustee who attends a meeting without protesting, either before or at its
commencement, the lack of notice to such trustee.
Section 6.13 Number of Meetings: Regular meetings of the Board of Trustees shall occur at least
three (3) times each year.
Section 6.14 Special Meetings: Special meetings of the Board of Trustees may be called by the
chair or the vice chair or may be called upon written request of not fewer than twenty percent (20%)
of the trustees, delivered to the chair, the vice chair, or the secretary. The secretary shall notify the
trustees of such special meetings in the manner described in Section 6.1 0, except that a meeting may
be called on shorter notice if all of the trustees are notified of the meeting and if a majority of the
trustees approve of the time set. Such notice shall specify the items of business to be considered.
Only items of business so specified in the notice shall be considered at that special meeting.
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Section 6.15 Polling the Board of Trustees: When it is determined by the officers of the Board of
Trustees that a vote of the trustees must be taken sooner than it is possible for the trustees to
assemble for either a regular or a special meeting, the trustees may be polled by web-based media,
letter or telephone. Any action expressed by one of these methods must be ratified at the next
meeting.
Section 6.16 Quorum: Except to adjourn, a majority of the authorized number of trustees shall
constitute a quorum of the Board of Trustees for the transaction of business. A meeting at which a
quorum is initially present may continue to transact business notwithstanding the loss of quorum, if
any action taken is approved by at least a majority of the required quorum for such meeting, or such
greater number as is required by this Section.
Section 6.17 One Trustee. One Vote: Each trustee shall have one vote and only one vote on any
question. No person may vote or act by proxy.
Section 6.18 Conflicts oflnterest: A trustee shall be considered to have a conflict of interest if the
trustee has existing or potential financial or other interests which impair or might reasonably appear
to impair the exercise of independent, unbiased judgment in the discharge of responsibilities to the
University; or if the trustee is aware that a family member (a spouse, parent, sibling, child, or any
relative residing in the same household as the trustee) or any organization in which the trustee (or a
family member) is an officer, director, employee, member, partner, trustee or controlling
stockholder has such existing or potential financial or other interests.
All trustees shall disclose to the Board of Trustees any possible conflict of interest at the earliest
practicable time. No trustee shall vote on any matter, under consideration at a meeting, of the Board
of Trustees or of any of its committees, in which the trustee has a conflict of interest. The minutes
of such a meeting shall reflect that a disclosure was made and that the trustee having a conflict of
interest abstained from voting. Any trustee who is uncertain whether a conflict of interest may exist
in any matter may request the Board of Trustees or committee to resolve the question by a majority
vote.
Section 7.1 Officers: The officers of the University shall consist of a president, a secretary, a chief
financial officer, and vice presidents appointed by the Board of Trustees. They shall be members of
the Seventh-day Adventist Church. The officers shall serve at the pleasure of the Board of Trustees
and may be removed at any time, with or without cause or notice, by the Board of Trustees.
Section 7.2 President: The president shall be the chief administrative officer of the University and
shall be responsible for the general direction of all of its operating units. The president or the
president's designee shall represent the University before the public, shall preside at all public
academic occasions, and shall represent the University on the Board ofT rustees. The president
shall also:
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a. Direct the implementation of the policies and the fulfiliment of the directives of the Board of
Trustees.
b. Render an annual comprehensive report that includes the annual audited financial statement.
c. Administer the personnel of the University.
d. Present the annual budget of the University to the Board of Trustees.
e. Lead the University in raising funds.
f. Serve as secretary for the Board of Trustees. This function shall include but not be limited
to:
I. Determining agenda items in consultation with the chair and vice chair of the Board of
Trustees, including agenda items submitted by trustees that are received more than
twenty (20) days before the scheduled date of the meeting. The agenda shall be mailed
to trustees at least ten (10) days before a meeting. The agenda shall make provision for
consideration of new business introduced by the trustees in accordance with Roberts'
Rules of Order.
2. Assisting the chair in the development of schedules for all meetings of the Board of
Trustees.
3. Keeping a full and complete record of the proceedings of the meetings of the
Constituent Membership and of the meetings of the Board ofTrustees.
Section 7.3 Powers of the President: The president shall exercise such specific powers as are
assigned by the Board of Trustees. In the exercise of these functions, the president shall be assisted
by the provost and one or more vice presidents in the respective areas of responsibility, each of
which is an extension of the president's office. All officers shall function under the direction and
authority of the president and the policies established by the Board of Trustees. They shall perform
such duties as pertain to their respective areas of responsibility and such other duties as the president
may delegate or the Board of Trustees may authorize.
Section 7.4 Inability of the President to Serve: In the event that the president shall be or become
unwilling or unable to serve as chief administrative officer, then during such interim, the duties of
the president shall be performed by the provost, or, in the absence of the provost, by the vice
president for financial administration, until a new president or an interim chief administrative officer
is appointed by the Board of Trustees.
Section 7.5 Secretary: The provost shall serve as secretary of the University and shall maintain and
validate the official documents of the University. This function shall include but not be limited to:
a. Keeping the corporate seal of the University and affixing the same to such papers and
instruments as may be required in the regular course of business.
b. Signing deeds, conveyances, mortgages, contracts, promissory notes, annuity agreements,
trust agreements, life income agreements, and other instruments of similar character and
import.
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Section 7.6 Assistant Secretaries: The assistant secretaries, according to the sequence established
by the Board of Trustees, shall perform the duties and exercise the powers of the secretary in case of
the secretary's absence or inability to act, and shall perform such other duties as the president may
delegate or the Board of Trustees may authorize.
Section 7.7 ChiefFinancial Officer: The vice president for financial administration shall serve as
the chief financial officer and shall perform all duties generally pertaining to the office and such
other duties as the president may delegate or the Board of Trustees may authorize.
Section 8.1 Audit: The University shall cause an annual audit of its financial records to be
conducted, and such other audits as the Board of Trustees in its discretion deems necessary or
appropriate.
Section 8.2 Employment of Auditors: The Board of Trustees may employ qualified auditors and/or
auditing services as it shall deem necessary or appropriate.
Section 8.3 Audit Reports: Auditors employed by the Board of Trustees shall present their final
report to the Board ofT rustees and shall consult with the president and vice president for financial
administration.
ARTICLE NINE: Records
The following records shall be kept at all times:
a. Minutes in which shall be recorded the names of the trustees present at each meeting of the
Board of Trustees and the names of members present at each meeting of the constituency;
the time and place of holding same, whether regular or special, and if special, the object and
nature thereof and notice given. The record shall show each action taken.
b. Books of account in which shall be recorded money received and expended by authorized
persons on behalf of the institution and any internal fmancial adjustments made to the
foregoing fmancial records, and all property, goods, wares, commodities, and merchandise
bought or acquired in any marmer in the control, management, and exercise of this
institution, shall be accurately recorded and maintained according to generally accepted
accounting principles and procedures. Such books in all operating units shall be open to the
inspection of any trustee during regular office hours by arrangement in advance with the
vice president for financial administration and to any person duly authorized by the Board of
Trustees.
c. A membership file in which shall be listed the names of the constituent members and their
last known addresses. Said records shall be kept in the custody of the secretary of the Board
of Trustees at the principal office of the University.
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ARTICLE TEN: Amendments
These Bylaws may be amended by an affirmative vote of at least two-thirds (2/3) of the constituent
members present and voting at a regular or special meeting of the Constituent Membership when
the proposed amendment does not conflict with federal or state laws or with the Articles of
Incorporation. When it is proposed to change the By laws by a meeting of the Constituent
Membership, notice shall be given to that effect in the call for the meeting.
ARTICLE ELEVEN: Inspection
These Bylaws, all amendments thereto, and the minutes described in Article Nine, paragraph a.,
shall be kept by the secretary of the Board of Trustees at the principal office of the University and
may be inspected at any time during regular office hours by trustees, officers, faculty, and
constituent members with regard to any meetings of the Constituent Membership for which the
requesting constituent member was duly appointed to serve. Minutes of executive sessions for the
Board of Trustees shall be available for inspection only by trustees, auditors, and legal counsel.
ARTICLE TWELVE: Contracts and Agreements
No contracts or agreements executed by any officer of this University without authorization
specifically granted to said officer by the Board of Trustees shall be valid without previous
authorization of or subsequent ratification by the Board of Trustees. Election or appointment to any
office shall not constitute a contract of employment.
ARTICLE THIRTEEN: Rules of Order
All meetings conducted under these Bylaws shall be conducted according to Roberts' Rules of
Order, except as provided for in these Bylaws. The chair shall appoint a parliamentarian to assist in
conducting the business of Constituent Membership meetings.
Section 14.1 Right oflndemnity: To the fullest extent permitted by law, the University shall
indemnify its trustees, officers, employees, and other persons described in Section 9246(a) of the
California Corporations Code, including persons formerly occupying any such positions, against all
expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by
them in connection with any "proceeding," as that term is used in that Section and including an
action by or in the right of the University, by reason of the fact that such person is or was a person
described by that Section. "Expenses" as used above shall have the same meaning as in Section
9246(a) of the California Corporations Code.
Section 14.2 Approval of indemnity: On written request to the Board of Trustees by any person
seeking indemnification under Section 9246(b) or Section 9246( c) of the California Corporations
Code, the trustees shall promptly determine in accordance with Section 9246(a) of the California
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Corporations Code whether the applicable standard of conduct set forth in Section 9246(b) or
Section 9246( c) has been met and, if it has, the trustees shall authorize indemnification. If the
Board of Trustees cannot authorize indemnification because the number of trustees who are parties
to the proceeding with respect to which indemnification is sought prevents the formation of a
quorum of trustees who are not parties to that proceeding, the trustees shall promptly call a meeting
of the Constituent Membership. At that meeting, the constituent members shall determine under
Section 9246( e) of the California Corporations Code whether the applicable standard of conduct set
forth in Section 9246(b) or Section 9246(c) has been met and, if it has, the constituent members
present at the meeting in person or by proxy shall authorize indemnification.
Section 14.3 Advancement ofEx,penses: To the fullest extent permitted by law and except as is
otherwise determined by the Board of Trustees in a specific instance, expenses incurred by a person
seeking indemnification under Sections 14 .I and 14.2 of these Bylaws in defending any proceeding
covered by those sections shall be advanced by the University before final disposition of the
proceeding, on receipt by the University of an undertaking by or on behalf of that person that the
advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified
by the University for those expenses.
Section 14.4 Insurance: The University shall have the power to purchase and maintain insurance
on behalf of its officers, employees, and other agents against any liability asserted against or
incurred by any officer, director, employee, or agent in such capacity or arising out of the officer's,
trustee's, employee's, or agent's status as such.
Dated this 13
111
day of May, 2010
May 13,2010
Ricardo B. Graham, Chair, Board ofTrustees
La Sierra University
Warren C. Trenchard, Secretary
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EXHIBITC
Transcript of Audio Recording
"Voice0006_NAD Jackson & Blackmer at LSU_21apr2011 __ 53-54min.arnr
START [1:21:19.0]
V1; I told Garrity about it and he met with biology and they said biology is the
[Unintelligible 1.21 :29] so biology you know and that guy from the Baptist
thing. you know. wanted to know why that wasn't part of the religious
training -the Adventist bible curriculum. The religion people were--that
wasn't part of their role, alright. So at the end, you know Pawluk was
'Why didn't 1 think about this?" You know learning objective yada yada
yada So we talked about this. But he and Randal have been protecting
religion. Now somebody like said that. No doubt about it They have a
good system. And so he said, you know he said Randal or Wisor Pawluk
said, and Webster was standing right there, and he said 'Well what if--we
don't have to teach this in biology_ We can have religion teach this " And
I tell you Webster's face just went white. I mean -
(Laughs loudly)
V2: Probably because biology is not teaching it. It's not science.
V1: Right Science and that's what he said. They're telling us that biology
doesn't teach this so let's do not. And you know how Webster gets
flustered and says "You're just passing the buck!"
(Laughter)
V3: Part of the most I wasn't there the whole time, Lenny, but towards the
end I thought the most condescending comment that Blackmer said that
you know well what we need to get some of the other Adventist college
biology teachers, who know how to do this to share it with your biology
teachers so they can do it better.
V4: Well and they both- both Jackson and Blackmer made the comment very
clearly that they don't expect equal amount of religion in science in a
science class, but they do expect that the faith be taught in the science
class. So-
V1: Oh, they keep asking for that
V4: Yeah. Now what happened is they got tighter and tighter until they actually
started gettrng rnore honest at the night went on_ They didn't watch thetr
words as welt. It's actually quite interesting to see.
V3: That first hour and a half was a waste.
LSU000001
V4: Yeah. Tl1e whole front end was just blow smoke up your skirt and then
once they had broken and got back together, they actually started
answering questions. Well but still nothing that gives me - and the other
thing Jackson just basically said, "I'm a eunuch."
V1: Yep.
V4: And he said it over and over again. And Blackmer wouldn't admit to be a
eunuch, because he's a bully.
V3: Yep.
V4: But he's just a eunuch bully.
V3: Blackmer never came out- never- Ginger's question - rw Kendra's-
V4: Kendra. yeah.
V3: She says, "No, you can answer this. It's sort of long, but it could be just a
yes or no answer." How did she word it? "Are you -do you disagree?"
V4: "Do you drsagree with."
V3: "Do you disagree with the word deviation in that document?" And Jackson
said, "Absolutely" Blackmer danced around that.
V4: He danced around it.
V3: So clearly he agreed with it and he shared the blame.
V4: But he said that it was his fault that it was in there. That he took blame for
it being in there.
V3: Well, I think when he talks through the other side his mouth he gets credit
that way.
V4: Yeah. I saw a line that said, you know, "There's two things that 1 dislike
about you--yourface"
(Laughter)
V4: It drove Randal crazy that I was sitting up top.
V3: Good.
' .
LSU000002
V4: Once the session got smaller he kept looking at me like- (laughter)
V3: He was wanting you to come down?
V4: Yeah. (Laughing)
V1: Is that where you were, upstairs?
V4: Yeah. After yesterday telling me that he didn't want the Board
there.
V2: Oh reallY:
V4: Yeah.
V3: Oh today?
V4: No yesterday he said ...
V2: He objected to you being there yesterday?
V4: Yeah, yesterday Blackmer said that the board should be invited so that the
local members could attend. And Randall did not want to do that And so
he told me this in front of Ricardo and he wanted my support for Ricardo.
So I looked at him and said, "I was planning to attend. Are you telling me
you don't want me to?" And he goes. "Well, you won't cause any problems
or something like that." But he didn't want the faculty to be intimidated by
board members there. So I just decided to go and hide up in the balcony
where I wouldn't intimidate anyone, because I'm very intimidating, I guess
V3: Hum.
V4: Well, this is the spot. the green spot.
V2: As long as it's Welch's then-
(Laughter)
V4: Was the story that she was telling, was that the guy that was the tattling
pastor ended up the -
V2: No.
V4: the editor of the Review?
V2: The edito1 of the Review, yeah.
3
LSU000003
V3: Bill Knotts? Is it Knotts?
V2: I don't know.
V1: But Pawluk I asked Pawluk that, "Were you there when that was going
on? And he said, "Yes. Everything she said was right on. That is exactly
right"
V4: Hum. 1 didn't see her but her voice sounded very weak Is there
something going on with her?
V3: Ginger?
V4: Ginger.
V2: There is always something is going on with her.
V4: I mean is she physically sound or--?
V3: She's always got. ..
VZ: She never has been.
V4: Oh she hasn't? Oh, I don't know.
V3; No.
V2: She is very imaginative
V1: She's not I don'i' think she is uh - I think she has lupus.
V4: Okay.
V1; Uh, now you don't know how much of it is her lupus flaring up and how
much of it is she using it as an excuse to uh. The guys in Religion say,
you know, she never uses it as an excuse with them, so it's not a Florence
Mon (sp) Robertson syndrome.

V3: She's a lot better at hiding whatever it is.
V2: I'll drink to that!
V3: Oh. Okay.
LSU000004
V2: I got away with it
V3: 1 know. I just--it's baffled my mind the work ethic between the husband,
John. That guy will work 16-18 hours a day to get something done they
way it should be done. And day after day, day after day, and somehow
they got hooked up.
V2: Oh she is loyal, you know.
V3: Yeah. And you shifted her right.
V1: So have you learned anything listening to all that crap?
V4: Well you know you have got-you have to study your enemy. Yeah, I
learned Blackmer will speak out of every side of his mouth that he can and
then Jackson's a sheep. He's a eunuch, there's nothing he's going to do
except spread peace and love. He was given plenty of opportunity. He
says, "Well we have no control over the Review." But he was given plenty
of opportunity to say, "Well, are you going to speak out against what they
did?" and the answer is "No." Because just because one Adventist
institution criticizes another doesn't mean that we should criticize the one
that criticized the criticizer.
V2: Yeah. Bullshit!
V4: And if on!y when Kendra talked-not Ken uh no uh the other one.
V3: Ginger?
V4: G1nger talked. And he had to answer her, it was the only time that 1
almost stood up and said something. And I wanted to say, "This sounds
like the Catholics with their Priests
(Laughter)
V4: Because you know, he's talking about how we don't confront and all this
yeah, but you move people around who are known abusers. They may '
not be abusing in the way the Priests do, but they are ruining just as many
lives, just as thoroughly.
V3: I wish I would have recorded the f1rst half ...
V4: I have the whole thing recorded, but I don't know how well.
LSUOOOOOS
-
V3: 1 uh we need to may some hay, if someone has the recording. of his
comments about David Asherick.
V2: Oh, that came later.
V3: Yes.
V4: Well he said he said he needed a spanking.
V3: He should be hauled in and spanked Spanked was what he meant, but
V2: Oh.
V4: Yeah. He said spanked. He also said the same thing about the Michigan
Conference.
V3: But he says, "But that's a problem you're going to have to work out with
the Michigan Conference."
V4: No. He said that when he saw what Ashe rick did, as President of the
Canadian Union, he said that that guy should be hauled in and spanked.
When he saw what the Michigan Conference did, while he was President
of the Canadian Union, he said ''They should be hauled in and spanked."
V3: But now that he is President of the North American Division and
V4: And he's had his balls put into what's his name's pocket-
V2: Yeah. There's no way he's going to spank anybody.
V4: Wei!. he doesn't have the authority to spank.
V3: Yeah, he's got no authority. He says that right up front
V4: He says we are the weakest unit in the whole Church. Well that's good!
What are you doing here? And by the way the General Conference
President's in town. How come he d1dn't come over?
V2: Oh is he?
V4: Yeah, he's in town for the whole week.
V2: Oh that's right Larry Garrity said he showed up at his Dad's [Inaudible
1:31:32]
V4: Yeah. Yeah.
6
LSU000006
V3: Ard he adamantly says, Blackmer dtd, that Ted Wilson had nothing to do
with , no influence over the AAA's decision
V2: Bullshitl
V4: No, he said over the inclusion of the word deviation. And he didn't say Ted
Wilson had nothin' to do with it. He said that Ted Wilson was no\
responsible for the final edit where it appeared. So let's get the language
right li doesn't mean that Wilson didn't call the guy that had the
responsibility for the final edit, or the final edit and put in there. He words
were very, very-! mean this guy minces words with nuance. You have to
listen- whenever he says anything, you have to exclude everything that
he's not saying and don't just generalize from it. That guy is dangerous!
And he's a bad man'
V2: Blackmer?
V4: Yeah!
V1: Yep. So, here's a piece of information that I find curious. So, Suzanne
Mallery, Psychology, she said to Pawluk was talking when we're talking
and she carne once and she said - she explained to him she was a trained
psychologist, a specialist. She said the rhetoric we're hearing right now is
the kind of rhetoric that you hear leads to violence She said-and then
she gave some examples. {Coughing) And she said, "Please be careful
because the way the church is talking it's tactically approving these nut
cases to step to violence. Whether its' people killing abortionists because
of the way people talk about abortionists-".
V3: She said that?
V1: Right So. here's the interesting part. Pawluk says "Yeah, you know
you're right. Because WASC says we've been reading some of your
chumh publications. Can you guarantee our safety while you're on our
campus?
V3: WASC said that?
V1: Yeah. WASC said thai Do you have the security in place and the local
police force notified that we can be assured we're safe when we're on
your campus?''
V4; No way!
V1: That's what Pawiuk told me.
7
LSU000007
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V4: Wow!
V3: He'll be sorry.
V1: About his statement?
V4: I wish Pawluk had said that at the-- to those guys. Blackmer speaks very
well out of both sides of his mouth though, I do have to admit. This guy
was- the man I saw in the first 90 minutes there, was a completely
different person than the one I saw in the closed session board meeting
V2: Wow.
V4: If I hadn't seen the one in the closed session board meeting, I would have
thought "Oh, this guy's reasonable, he gets it. He understands the
issues."
V2: Yeah, because I was sitting there thinking, you know this guy sure sounds
more reasonable than the stories out there.
V4: Unbelievable. It was only at the very end that he let it out that he thought
that um that that in his view the faith had to be in every class, and that
specific-
V1: He's said that over and over again you know to others, you know.
V4: Huh?
V1: He's one of those who says, "Every class should be (inaLrdib!e 1:35:31)."
V4: Well were you guys there when he said "We are not a University to teach
excellent academics.
V3: We already have a Harvard.
V4: Yeah. We're not a University to teach Jesus. There's Baptists and all
those things that can teach Jesus. We're a University to teach the
uniquely Seventh-day Adventist message."
V3: He said that in the back?
V4: Yeah. He said "We have no reason to exist if we are not teaching a
uniquely Seventh-day Adventist message." He said "We, as a North
American Division, put 28 million dollars a year into our educational
s
LSUOOOOOS
-
system and if we wanted our ktds to l1ave JUSt a Christian education or just
a good education we'd send them somewhere else."
V3: I'll drink to that (1 :36:13)
(Whistling)
V1: But they don't want us to be a bible college?
v 4: Well, that's how you speak out of both sides of your mouth. You say things
that - but his true colors are there. Are you going to the Calgary or Alberta
or where ever this thing is?
V2: Banff.
V4: Banff? Tell me guys.
V2: 1 am willing to go sit there for the good of La Sierra. I don't want to.
V4: (Laughing) Well, I want you to
V2: Okay.
V4: Because I want a first end report.
V1: We will have-we will have a decent contingent. I would like you to go too
to that. But at this point in your career given the shit you have put up with,
you don't have to. Uh, but you know who's copping out on all of this? It's
religion.
V2: Sure. Oh yeahl
V4: They're not going?
V1: I told Pawluk, l said "You know, I've got Biology going, I've got other
sciences going, and the only person from Religion I know is going is Fritz
Guy.
V4: No way.
V1: And I said "Are you going to make them go?" Well, other people can talk
out both sides of their mouth too, because they're not willing to say "Yeah.
I'm going to make them go."
V4: Well he may not feel like he's able to.
9
LSU000009
V2: Yeah. 1 don't know when it happens. I would like it to happen while l'rn
having to teach third quarter General Bio. But I think it's in July, so I'll
probably go. It's a nice part of the world.
V4: It's a gorgeous place.
V1: Where is it?
V4: In Banff. Get your- bring your hiking boots- stay the weekend on either
side.
V2: Oh yeah. I'm am old fart Man. I don't do that much hiking anymore.
V4: Oh yeah, but I mean you don't have to hike tar.
V1: I'd !Ike to go up there and look around.
V2: Oh sure.
V1; But you've got a whole bunch of Adventists floating around--how are you
going to go in and have a good steak and a good bottle wine? (1:38:17)
V4: No, that's why you have to stay the weekend before and after
(Laughing)
V3: Oh week after. Oh, I missed itl
(All Laughing)
V2: Yeah, oh bummer.
(All Laugt1ing)
V3: Oh brother.
V4: Yep Webster asked a very, very good question. He unfortunately used
about 2,000 words to ask it when he could have asked in 200 words-
V3: But they were the best words ever spoken. I mean if you're going to listen
to someone talk--.
V2: Webster's a bright guy.
V3: Yeah.
10
LSU000010
V4: He basically said "You guys aren't even on the right issue,"
V3: Yup,
Y4: He says "It's not about who teaches what 1n what class, it's not even about
what they believe after they leave, It's a more fundamental issue than that
and it's an issue that's in the Church and in the definition of our identity as
a Church, And until you guys solve that. you're never going to solve it on
the University campus." And it went from there. So his question was
actually a ten minute lecture followed by "What do you think of what I
said?"
(Laughter)
V1: But the reality is -
V3: He's got that funky hairdo.
V1: .. you know the evidence is in on most of this evolution stuff. You can part
it the way you want but its' evidence is in. You better figure how you're
going to take Genesis I and preserve the creating savior.
V4: That's got to be a 50 year arc for the church. You see the problem is- is
that these guys are not going to think generalationally- generationaliy,
because they think the Lord's coming in the next four years You know
that Wilson thinks that he's bringing on the Advent. So, why should we be
thinking about how we're going to handle something 50 years out and
how we're going to make the transition to be a relevant church then. when
the world's not going to last for 50 years? I mean this is ...
V1: Yeah. My great-grandfather didn't think he was going to die before the
Lord came. My grandfather didn't think he was going to die before the
Lord came. But my dad wouldn't say that but he was thinking every damn
thing !hat happened was through some God [Inaudible 1 :40:48] So.
V4: Yep
V1: When Christ comes, He's com1ng on his own terms
V3: It he's callmg Lord before he even -
V4: In fact, the fake one hasn't even come yet I said the fake one hasn't even
come yet How can we be expecting the real one?
V2: Oh man. I've been [Inaudible 1:41 :24]. I've got to get before Wisbey.
ll
LSU000011
-
V3: We are also toto his coming [Inaudible 01:41 :26] direction so
(Laughter)
V2: Oh okay.
(Laughter) (Opening bottles and pouring drinks.)
V3: !like that one a lot
v 4: 1 would not - he doesn't mind the liquor. He's JUSt anti-a forte and anti-
sinful-ism and ali of that. I really hadn't paid much attention to the Review
and what they had done_ And I did not realize how much anger and hurt
and animosity that Review article had created on campus. That's-
V3: Because they basically told the Educate Truth line.
V1: Yep.
V2; Yep.
V3: And uh- anyway_
V4: You even had the mic at one point. Were you going to say something?
V2: Oh my goodness!
V3: Well, John Webster finished and gave it to me. I don't know why.
V4: Oh, I see. (Laughter)
V3: You know if I - l sort of didn't know what happened before because I was
gone for a while, but my request would have been you know Larry what
you said you don't agree with the word deviation. Are you willing to send
an email at least to all the members- all the employees of the North
American Division saying that was unfortunate wording what you put in
there by mistake? You know.
V4: Right.
V3: But uh.
V4: By the way, what we would find out is I mean is that the- there was a
group of four, wt10 he wouldn't self identify other than that he was in it,
who believed that the five year recommendation was not going to be
accepted, and they wanted to have an alternative plan to put on the table
LSU000012
rig!lt away rather than left the meeting go where it was going to go And
so they worked on a two page motion, which ended up being the thing that
was accepted After that after reiteration after reiteration in the very last
draft the word deviation was put in- and that he and others didn't notice it.
And so it was handed out at the meeting and voted on And that he did
notice during the meeting and kind of had a quizzical "I wonder how that
got in there?" but decided not to say anything about it. Just Jet the motion
go through. -As the words coming out of his mouth, I had to think-
(exhale and pause)
V1: They have four people working on a document and one of them doesn't
notice something like that?
V3: Well, that's what Kendra was honing in on that in the conversation. That
was her line of questioning. And uh wow! That's the kind of stuff you
need to get to Bonnie Dwyer.
V2: And see if I could communicate one thing to these idiots at the- church
hierarchy, it would be that I've watched for decades the traditional
position. Tell kids that science has nothing to it and they go find out what
the science is and they're blown away. We present the science, in a
context that is far more faith affirming, and they're not going to get blown
away, okay? This works better for common kids in just stayin' Adventist
V3: Right
V2; And these guys don't get thai.
V3: No they don't. Thai's a great way to put it there, Gary.
V4: Yeah.
V3: Even towards the end- your colleague Trueblood?
V2: Trueblood yeah.
V3: He was there. And basically his words, 'This is scary business now for us
to teach science to these students because you know we don't know if the
student is coming to ask us - is coming to ask us because they really want
to know or because they're just trying to get me in trouble. Um and that's
an awful position to be put in.
V1: Was Blackmer here?
V3: Yep
13
LSU000013
V1: 1 wish I wish Wisbey had had the guts Wisbey didn't want Blackmer
there. His protest to do that was that his communication witl1 Jackson was
all fine, but not to mention Blackmer or anything but simply to copy him on
all communications with Jackson. He said if that accomplished something.
V3: Well, Wisbey Wisbey didn't want Blackmer here today?
V1: Yeah. And so I said. "Well, why didn't you say to Jackson you don't want
Blackmer on this campus again? But he couldn't pull his balls out of his
belt uh pocket to do that either. So, Wisbey was uh if he didn't get more
[Unintelligible 147: 12] than he throws [Unintelligible 1:47: 14] but
V2: Listen. The word on the street is that come Monday or Tuesday, he's
going to make a statement that takes a ballsy stand.
V3: Wisbey?
V2: Wisbey!
V3: Oh he said things that were uh I mean that were -you know he talked
about sending e-mails or letters to Dan Jackson's predecessor asking for
help. None of them were answered. And they get booed.
V2: No but Larry Garrity tells me -
V3: Oh Garrity.
V2: -that come the beginning of next week, Wisbey's going to take a stand on
this that is basically saying - standing firm for what we're doing.
V4: Stand in prayer'!
V2: Firm.
V4: Oh for the way we're doing it?
V2: Yes. And uh and he has asked Garrity and Fritz Guy to help him
formulate his statement.
V4: Really?
V1: He also asked me if I would help him too and 1 said, "Sure but 1 never
heard boo out of him.
V2: Okay. Well, Larry thinks it's going to be significant
LSU000014
V1: Well, if he asked those guys to do it- but the way Pawluk phrased it to me
-he was going to make a statement that said, "We're not going to mess
with tt1is anymore. We're not going to reply toe-mails. We're going to get
about to go about business of becoming a better university and we're not
-we're not- we're not engaging in this until the Board comes in." Which
is fine except the reality is if somebody is shittin' on your head you at least
have to wipe it off.
V2: (Laughs loudly) Yeah, wipe 1t off!
V1: So-
V4: Let me ask you a question. Both Jackson and Blackmer made the
question - made the statement tonight - that that open letter is the best
thing that La Sierra could've done. That what would've happened if we
hadn't done that would've been much worse. Now to me, much worse
means being put on probation and um Blackmer said that in so many
words.
V1: My understanding the opening motion to that meeting - the AAA meeting
was to deny accreditation to La Sierra.
V2: But i'm not sure that would hurt us that much.
V4: Blackmer said the opening motion was the team's recommendation for
five year- so I don't know.
V2: That's the way it should've been because the team report should have
been accompanied by a motion.
V4: Right. So I think - but whatever the case is- I don't know- I mean Jim
knows I'm writing a letter to the Board that's very harsh right now. And it's
on this issue of this open letter and how it got written and what was in it.
And um my purpose in doing so is to put this - to stop the board from
doing that stuff anymore. And even though it's mildly critical of Randal. it's
to put him in a position where he can't allow that stuff to happen anymore
Does that make sense?
V2: Sure.
V4: So it's basically saying, "Randal, you shouldn't have let this happen"
Well, the next time, if he let's that happen again it's even worse, right? So
it gives him actually some cover.
V1: Randal will never understand that
15
LSU000015
V4: You don't think so?
V3: No. He's so sensitive.
V4: So, 1 think that based on what was said tonight, I need to add something
that says there are those that think that it would have been worse. I frankly
don't think that a probation or withdrawal of accreditation would have been
any worse than a statement that we said that we've deviated from the
church teachings, as far as recruiting. And frankly recruiting is all we care
about
V3: Yeah Bobby Brow11 made a good statement at the end too about you
know - They need to make a statement about that word was not
appropriate in there. And if that's what they believe- it's basically saying
if they have any balls, and had any ethics, they would make a statement,
all right? I'm hoping JacKson will say something and let Blackmer fight
that out with them, but I almost think we could probably coop Jackson, but
maybe not.
V2: He's got no power.
V3: No. but he can make a statement. So it isn't-
V1: Here's something we should be thinking about. This is - I mean
unfortunately this is a long term crisis that really doesn't- but if the
Presidents of the colleges in North America can figure out a way of shifting
the power of their position to Jackson in the North American Division, and
out of the GC. To have the accreditation have to go through the North
American Division before it goes to the GC. That would be a tremendous
step
V3: He kind of alluded to that.
V4: I think B!ackmer and Jackson would both like to get the AAA out of the
North American Division. And they would like to create their own
accrediting body.
V1: You mean out of the GC.
V2: Out of the GC.
V4: I'm sorry, no but get AAA out of the North- Okay, we're saymg tl1e same
th1ng They want a North American accrediting body that is not related to
the GC.
V2: Not the GC.
16
LSU000016
V4:
V3:
V2:
V4:
V2:
V4:
V1:
V4:
V2:
V4:
V1:
V4:
V1:
V4:
V
.,.
J.
--
Hight And but they . part and parcel w'1th that is they wan! a North
Amencan educational system that is not Conference and Umon ovmed
and run, but centrally owned and centrally managed.
Right.
That worries me.
So it's a double edged sword.
Yeah.
I'd be happy to give them the accrediting, and this is this is the only issue
that in any length that Jerry Mcintosh and I have disagreed on, at length
over 10 years. He wants the system and he wants specialties built up so
that we don't duplicate efforts and all of that
That's bullshit
No. I understand his point but I'm on the Board of La Sierra. I'm not on a
- lf somebody put me on a North American Division National Education
think tank, I don't know what I would think, but -
No, we need a Brigham Young but we don't have it. But we can't get
there.
Yeah.
Well, if this is the this -
Ellen White University?
This system thing that Jerry talks about, and others have talked about in
the past, it doesn't make sense. I mean you know, yeah Walla Walla can
have an engineering program and if Its right for the community they serve
they should have it. But that shouldn't preclude us from having one if it's
right for our community. We need a system like UC or the CAL State has
a system. Every one of those suckers survives on its' own. And it's only
when you get l\vo of them in a room; friend or peer persons . they're
cutting each others throats, right?
Right
Right
!7
LSU000017
V1:
V4:
V1:
V4:
V1:
V4:
V1:
V4:
V1:
V4:
V1:
But as soon as the kid says, "1/Veli, maybe I'll go to Michigan State or
something," tr1en they're selling UC.
They're selling UC. right.
Alright? So ...
Well isn't that kind of what we do with PUC?

Well. but U1ey're up front about it and we're not. I mean we're sitting. in our
own board meetings saying, "What would that do to PUC?" I don't g1ve a
shit what 1! does to PUC. You know?
Is that happening anymore?
Oh yeah. I mean Wisbey fought those three culprits.
Really?
Yeah.
I mean about PUC's survival?
Yeah! And you know we can't do that. I mean same way with- its not just
PUC, it's Walla Walla, Andrews, you know? You know I'd say, include in
your marketing- we have this many PhD's and PUC has- Oh none.
(Laughs) You know? Our faculty published this- PUC's- go to lunch. I
mean-
V2: But see, his friends are other Presidents.
V1: I know but-
V4: No. Even then you've got more than that- his. Look. Randal's DNA is a
Pastor fwst, a church administrator second. His buddies are the union and
conference guys. And he likes to be .. and he likes it that he can also be
part of the President's Club, but if he has to pick his clubs, he's a Union
Conference Administrator type.
V1: You don't think that the President of UCLA or it's the chancellor from
UCLA. and the one at Berkley, and the one at San Diego, and all the rest
of them, aren't buds and aren't talking to each other about jacking the
legislature around and stuff?
V4: Sure they are.
!R
LSU000018
V1: Sure they are. You know?
V4: Oh yeah
V1: Yeah. And whether they're walking in and talking to this person or that
person, they're building up a system.
V4: But they're not worried about whether they're liked or not.
V1: What it all boils right down to is selling UCLA that the chancellor every one
their other campuses guy's throats if it menns he gets something for his
campus. You know?
V3: I agree.
V1: And you can see it how UC Irvine screwed around with UCR over getting
a Law School and that stuff you know it's ...
(From 1:57:44 through 2:00:08 -talking about basketball)
V1: So now I'd like to hear what Wisbey got told behind the doors.
V4; We'll never hear it
V2: Wisbey's feeling good.
V4: Well, I think the WASC thing has embolden him.
V2: Yeah. No, I bumped into him at lunch today and he said, "How are you
doing," and I said, "Well, hey it ebbs and it flows. And he said, "Yeah, it
does for me too and I'm flowing light now." (laughs)
V4: Yeah. I think he realizes that the that the uh Sisters of Satan, along with a
couple of the other conservative people, are not going to be able to say
anything and that the WASC will have made it abundantly clear that they
have to stay out of this. I know we're going to have a whole big discuss1on
at the next board meetzng, led by Kathy that says, "What does that mean?
What is it that we can do and what we can't do? Can we, for instance,
pass a bunch of learning outcomes that we want to see?" I guarantee you
this is going to happen.
V2: Now, do I understand it that getting Meredith back on was not a brill!ant
move?
V4: Not at all.
19
LSU000019
V2: Shit
V4: Meredith's the one that wrote that open letter.
V1: Oh. Did he write it?
V4: Yeah. Meredith is very power hungry and he wants to be in the middle of
everything But Meredith- I told Randall when he asked me, I said,
"Meredith is a two edge sword_ Where he's where he agrees with you
you're going to love him. But he is anti-faculty, he's anti-administration and
he harbors, he holds this grudge against Wiley and Benedict for making
this a university."
V3: Meredith does?
V4: Yeah. So he's anti-academic in that sense. Oh, Meredith has already
talked about how we need to revisit the faculty handbook and de-certify it
like we would decertify a union.
(From 2:02:27 through 2:03:48- talking about basketball)
V4: I'm curious to see what Spectrum is doing. I didn't realize they still
published the magazine. I just look at their blog- you know at their
website and their blog, but Blackmer talked over and over again about his
comments to Spectrum.
V1: So what? Cause he says something different to somebody else.
V2: I read his stuff in uh Inside Higher Ed and it wasn't that good.
V4: Oh, he was reai proud of thai, too_
V2: I know he was.
V3: Make a bad [Unintelligible 2:04:21). So important!
V4: Well, he's- this guy's got an inflated view of his own self importance_
V2: Well, no I agree that you have to be pretty specia! to talk Inside Higher Ed.
(Ali Laughing)
V2: Especially to talk about [2:04:46.7] and bullshit
20
LSU000020
V3: Oh, the other thing that Blackmer said. He claimed- what did he claim
about - there was something he claimed about he took notes from the
biology discussion, and then Trueblood-
V4: He said this to the Board. He said this to the Board that Lee Greer told
him that it was unethical for him to send even one part of one session
teaching religion in his biology classes 'cause he is not trained in religion.
And that that was one of the things that swayed AAA. And excuse me, I
have to sneeze. I'm allergic to-
V2: You got a cat in here, huh?
V4: Yeah. So he um and he said that that was in the notes of the meeting
And Trueblood goes "I was at that meeting and nobody ever said that."
So Blackmer just hemmed and hawed and he goes, "Well, it's in the notes.
The secretary recorded it." Were you at that meeting?
V2: No.
V4: Oh.
V2: Um I was off contract and never went to any AAA meeting.
V4: Oh, okay. But it actually it doesn't surprise me that Lee would say that.
V1: Well, it wouldn't surprise me-
V4: And that meeting happened without you there because they tricked you,
right?
V1: Right. Uh but tflat's not what Lf:l!:l has said at other times.
V4: But that- the way Blackmer made that sound tonight and they way he
talked about that statement at the board is that was the whole thing that
this thing hinged on. Is the unwillingness of the biology teachers to teach
faith-based information in their science classes.
V1: Tile biology- you know- [Unintelligible 2:06:59.2], and I've heard I've
heard every- all- so I've actually not heard Natasha Dean say this, but
she is a true believer. They have consistently said, "We are there to teach
biology. We will tell the kids that there are other opinions We will tell the
kids that the church says this. Wt1at we can't do is explain why the church
holds that position.
V4: Right. That's completely different
LSU000021
V3: And Blackmer would say that we should do that.
V4: And um Trueblood said 111at to him. He says, "I did urn four years of
college, two years in Masters, and six years in a PhD program." He says,
"I can explain my biology stuff because I know that stuff." He says, "As far
a Genesis 1 ,"he says, "I can tell my students what the Belief Number 6 is,
but if you're looking for me to do an exegesis I'm not going to do that''
V1: Precisely.
V4: And that's a reasonable position.
V1: And that's Greer's position. As screwed up as he sometimes gets when
he's blowing off smoke, that's his position. He does that! I mean he does
that in spades. He'll say, "This is the church's position, and there are
others who will hold this position, and there are others who will hold this
position, who still believe Christ is the Creator." I mean he'll give them the
whole spectrum. And- but what Greer can't seem to get through his head
is Urat while from a teaching standpoint, him sharing what the spectrum of
Christianity has in its belief in Genesis is a wondelful thing for our kids, all
these stupid GC people hear is short tem1 creationist - everything else
V4: Yep.
V1: You know, whether you explain you know why the Nazarenes can accept
this, or why the Baptists can't accept this, or why the Catholics can't
accept this or why you have material creation or evolution- uh they view
that all the same.
V4: You know that the -it was interesting because I saw that happened tonight
with Blackmer. In Webster's comments, what he was trying to get people
to understand is that across Christianity there's a lot of different beliefs
and that it's not sufficient to just give your students the scientific and the
Adventist one, but you have to you have to let them know what they're
going to be coming up against. You have to teach them the whole
spectrum of Theistic Evolution, Natural Evolution- short term, long term
And ali Blackmer did is come back. He says, 1 understand that it needs to
be balanced and it does." And he says, "You have this on one hand and
this on the other." So he immediately dismissed the whole spectrum.
V2: It's ali binary to him.
V4: It's binary.
V1: Because you've got the Adventist belief here and everything else. So all
Webster accomplished was to pile more shit in this other hand here.
22
LSU000022
(Laughter)
V4: 1 was going to say. That is exactly. Yeah, so anything- that he
referenced intelligent, a ~ n d he threw in another few other buzz words, and
for Blackmer that was all on the left hand. That was the sinister stuff.
V3: Oh yeah.
V1: So that's not a positive statement. That's more evidence - why not
V4: Either Blackmer didn't understand it, which I doubt- I actually think he's
smart. And I think he just [Unintelligible 2:10:51.5].
V2: He is biology trained -
V3; He's a biologist. I think he is just a prick. Worrying about how many
[Unintelligible 2:1 0:56]
V4: Yeah.
V2: Yeah.
V1: Those guys. I thought of those guys [Unintelligible 2:11 :15] triple A. And
uh [UnitelligibleJ They do what they want to do.
V4: Oh yeah.
V2: That's amazing!
V1: Amazmg. I mean those guys can hurt stuff. What those guys did at this
triple A- I was just dumbfounded- that's fraud.
V3: If I started doing that I'd go [Unintelligible 2:11:43. 7].
V2: I'd never [Unintelligible 2:11:49.8].
V1: That was uh- Pawluk said AAA has [Unintelligible 2:1154.9] those guys
are just flat out mean.
V3: So Dan Jackson is basically another Ricardo Graham.
V4: Yeah, yeah. He's a eunuch. It was the eunuch- it was the tale of the
eunuch and the bully.
?'
-'
LSU000023
V2: Well you know they say being a Ricardo Graham beats the hell out of
being Ella [2:12 16 6].
V4: You know what? I would love to have experienced the last two years
under Tom Mostert, rather than under Ricardo Graham, on this issue.
V2: Why?
V4: Because he would have -I don't know whether he would've taken the
church's side or the university's side, but if he had taken the church's side
he would have- we would have been able to rise the board against him.
And but I don't think he would've been -1 don't think he would - I mean if
the later part of his career ,where he knew he wasn't getting promoted
again. he would've stood up to them.
V1: I'll tell you what would have happened He would have kicked those
ladies butts.
V4: Yeah.
V1: He would have reamed their asses.
V3: Oh yeah! He wouldn't stand for that
(Laughter)
V4: Yeah, and Shereen would never had made it past the first interview. I
mean, we would have never even known about that issue. You know
whenever Warren or Larry would have come to him and said, "We're
thinking about this," and he would go "Nof" And then I would've found out
later that he had done that and been pissed at him for acting on behalf of
the board, but it still wouldn't have mattered. And -
V2: Now the word on the street is that the airheads have some conflicts of
interest going. They have some nepotism. They are related to each
other. Kathy and Carla -
V4: Are related to each other?
V2: Yeah. Their husbands are related somehow.
V4: Well, Carla is related to Louie B1shop.
V3: Oh. She is related to him?
V2: How is she?
LSU000024
V4: No No. They're rn pract1ce
V1: Carla's husband is in practice with Louie Bishop's grandfather.
V2: That's it.
V4: Okay.
V1: But Carla is good buds with Louie Bishop's sisters or aunts or something.
V2; No. but Kathy Proffitt-
V3: She's not even married.
V2: Well, she used to be. She got knocked up without being married? I know
her kid.
V3: Yeah. She's been married.
V4: If that's the case I've never heard of it, but I don't know if that would be a
particular problem would it be? Because why, unless their relationship with
each other was mater- well maybe that's what's being spread around I
(Laughter)
V2: Bumpin fuzzys? Is that what you're saying?
(Laughter)
V4: You know if you told me U1at about Kathy, I would not be surprised at all.
V2: I don't know her.
V4: And you're just as well off.
V2: Well I do know that come the May Board meeting Carla's going to have a
hell of a choice.
(Laughter)
V4: I think the recent WASP stuff is going to act in your favor.
V2: Carla considers herself to be my friend. But given who she 1s
philosophically, she would vote against me. She told me that. But being
my friend she can't vote against me.
25
LSU000025
I - ~ - - - - - -
~
V1: Well Kathy Proffitt has said over and over she didn't want to fire anybody
so-.
V3: Other than Randall.
V4: Yeah- other than Randall. Well, I mean, you know what I've told Jim, so
I'm optimistic
V2: I know And uh-
V4: But uh, but I actually-
V2: The ad building said that they counted the votes and they're optimistic.
V4: Oh, they have?
V2: Yeah.
V4: Oh good.
V2: Because I just agreed today to be team leader of UNST 404 -the Senior
Seminar, formerly- formerly Capstone.
V4: Yeah.
V2: Because Suzanne Mal!ory has done an abdominal job of it.
V4; Isn't it already going on right now?
V2: Yes, I'm JUSt going to step in as team leader.
V4: Oh, you're going to take it over?
V2: And I told Fave- she took me to lunch today, and l said, ''Anytime you
take me to lunch [Unintelligible 02:16:58] the ax coming"
V3: Who?
V2: Favorite.
V3: Oh.
V2: I know there's a hook in this -
V4: Fay Burrito I like that.
7.6
LSU000026
V2: Fav
V4: What does the word, what does the word "fay" mean, F-A-Y?
Vz: No. No. Fav!
V4: No, I know. But what does "fay" mean?
V2: Fay means gay
V4: That's what I thought So they call her the fay burrito.
[Laughter]
V4: Right it means the -
V2: No, but fay fay would be a pejorative for a male. And not a female.
V4: What about a piece of piece of food? A fay burrito!
[Laughter]
V1: I thought you were saying Faye Swayze.
(Laughter)
V4: I'm sorry, I just- a fay burrito!
[laughter]
V2: That's one hell of a gay burrito!
{laughter)
V3: A fay burrito!
(Laughter)
V4: Well, I think don't that it affects you now-
V2: No, I told her, I told her 'Listen, I will do this on two conditions, which 1
named. "But," I said, "Come May you may have to find somebody else''
"No," she said, "We counted the votes we think you have it" which echoes
what I've heard you saying indirectly.
LSU000027
V1: Alright, here's what "iay" means "a fairy."
V2: Exactly:
V1: No, but that's not in a fairy as in a fairy-
V4: Yet like with little tiny wings.
V1: -a small being, in form. Playful and having magical powers.
(Laughter)
V2: Jeb. Jeb will tell you, right?
V1: A fairy ... uh.
V4: Okay, so here's one longer term analysis. WASC visiting team made
some points, which basically says, as I've summarized it, is Number 1:
Board, stay the hell out of curriculum. Number 2, Board, follow your own
damn processes. So learn about them. And then follow them. Number 3,
Board, you're dysfunctional. Get help. And Number 4: [Unintelligible
savings are no way to judge how you -the way you educate. Why don't
you use the methods that you already have on campus?
V2: Especially when you so blatantly abuse them ...
V4: Abuse them, yes. Okay, so- so the board is going to be- I mean you
know they're going to be stymied compared to what they wanted to do.
On the other hand. basically they said you can't implement that open
letter. On the other hand AAA says, ''We're going to come in and see that
you have implemented the open letter." And the faculty are going to say,
"Fuck you. We're going to do it the way we want to." So then-
V2: AAA- WASC?
V4: Right. So how do you how do you solve this? You change the faculty.
That's the only way to solve -if the faculty refuses to do it the way AAA
wants, then the only way you can do it is to- the Board can do it is to
change the faculty
V2: And you're going to have to dump the administration and then they're
going to have IO dump the faculty wholesale and haul in some-
V4: Well, they can't do anything with tenured faculty. But they can start with
contract and non-tenures.
28
LSU000028
V2: They can get me, and they can get Shereen, and they can get Lee
V4: R1ght. Now this isn't going to happen now because they're not going to be
smart enough by May to figure this all out, but I am guessing, and 1t's just
a guess that the WASP Commission is actually going to come down
harder than the WASP visiting team did.
V1: Especially on the Board.
V4: On the Board.
V2: But they've done it before but-.
V3: That's why. That's why they're going -they'll kick them harder.
V4: Right
V1: And so -there's no reason to believe that this community has read all the
WASC commission stuff.
V4: Well, why should they have?
V1: So their recommendation is to get to know the team -is probably is the
right thing for the first offense. The WASP Commission is going to know
that this isn't the first time we've had trouble being forthcoming about the
issue.
V4: And if there is anyway Lenny can figure out, there's going to be a memo to
the WASP Commission that says that you need to demand that we
dismantle this ex-officio structure. or these problems will never go away.
And this needs to be- whatever language you want to use, you need to
say that we're coming back in two years and it has to be different.
V1: So-
V2: So we will just get, we can get a lot more Carlas and -
V1: But now Pawluk doesn't have any power on this so, but he is adamant and
his claim is he's talked to Wisbey and Wisbey's coming around that when
we go- when they go to talk with potential Board members, that there
somehow be an expectation on this issue. -And that you're expected to
support La S1erra, and io prove that you're going to do that you need to
donate X amount of cash. Now, I think that's an excellent solution and 1
don't think that they've got the balls to do it and it's to enforce it- so ...
29
LSU000029
V4: Well, the other thmg that's going to happen, is that the Trusteeshrp
Committee is now going to be responsible- starting in our June meeting -
our May meeting -for identifying who we think are the best candidates to
come onto the Board. And for interviewing them and actually having
thoughtful conversations with them ahead of time so we know what we're
getting. And that the Trustee Committee will be recommending a slate to
the Nominating Committee.
VZ: There was a time when I thought my old Chairman ought to be a Trustee.
But I'm not sure I wish that on him.
V4: Yeah.
V2: You know?
V1: I wish they'd have put Nate's- and I realize this creates a conflict, but hell,
they've got somebody on the Board whose wife teaches here so urn, I
think Nate Brand stater's father would have been- his uncle would have
been a disaster.
V2: Yeah.
V4: Who? Bernard?
V1: Yeah.
V4: I knew him in Lebanon, but I've never known him as an adult
V2: Even his sister says he's screwy (laugr1s)
V4: Really. Is he screwy?
V2: Oh yeah. Rhonna Hodges is just- is his sister and she just says he is
nuts.
V4: Hmm.
V2: Yeah, Nate's dad would be okay.
V4: Well, you guys- you guys need to be thinKing seriously about names that
I can take to the Committee and we can we can pursue. 1 actually, 1
disagree with the money thing. I know that there are some people out
there who might be able to give in the six figure range, but it you're relying
on your board for your primary endowment, that's a mistake. What you
want- you want people who will go out and protect the institution.
30
LSU000030
V1: The problem with that money thing is you can implement it but if
somebody walks in here and drops a quarter of a million dollars on you.
You've got to listen to them
V4: Yeah.
V3: So did they use that in the WASC meeting, you said?
V1: No, this is that day that we that talked about it.
V3: Who is?
V1: Pawluk and Wisbey. They've been bitching about Meredith and a few
others and-.
V4: Okay. I have to go. My daughter got out of class early and I've got to prck
her up and she's at some place and she's now worried, so-
V1: I think they should have so many challenges where they can they can pull
it from floppy. And perhaps go over and they look at it and then as they
declare it you know?
V4: Thank you for the brew.
V1: Yeah.
V4: Thank you for the company.
V2: All right.
V1: And thanks for coming over.
V4: Good luck on it
V2: Yeah. I appreciate it, man.
V3: Drd you look anymore at that stuff, Jrm?
V1: Yeah, I was looking at it. I don't know what you want to add now
V3: I know.
V4: You can put some comments in before I get home.
V3: Does that get written one -twos?
LSU000031
V2: Well, I'm gonna be in and I'm glad it's over, Jim
V1: Sure.
V4: Thank you, Jim.
V1: Youbet
V3: Take care, bro. This shit shouldn't be this hard, should it?
V2: I know!
V4: I know! Hey we've got to get you over to the Salted Pig, man.
END [2:27:53]
32
LSU000032
JON DAGGETT, ESQ./SBN: 227375
DEAN SCHIRMER, ESQ./SBN: 146407
2 HIROSHIMA, JACOBS, ROTH and LEWIS
1420 River Park Drive, Second Floor
3 Sacramento, CA 95815
Telephone: (916) 923-2223
4 Facsimile: (916) 929-7335
5
Attorneys for Defendants, RICARDO GRAHAM, DANIEL R. JACKSON and LARRY
6 BLACKMER
7
8
9
COUNTY OF RIVERSIDE
10
11 JEFFRY M. KAATZ, JAMES W.
BEACH, and GARY L. BRADLEY,
12
13
Plaintiff,
14 v.
1
5 RICARDO GRAHAM; PACIFIC UNION
16 CONFERENCE OF SEVENTH-DAY
ADVENTISTS, a not-for-profit
17 corporation; DANIEL R. JACKSON;
LARRY BLACKMER; NORTH
18
AMERICAN DIVISION CORPORATION
19 FO SEVENTH-DAY ADVENTISTS, a
not-for-profit corporation; and LA
20 SIERRA UNIVERSITY, a not-for profit
corporation; and DOES 1-100,
21
22
23
Defendants.
DECLARATION OF DANIEL JACKSON
IN SUPPORT OF OPPOSITION TO
PLAINTIFFS' MOTION TO COMPEL
DEPOSITION TESTIMONY OF
RICARDO GRAHAM
Judge: Date: June 21, 2013
Time: 9:00
Dept.: 02
Case Management:
Judge: Craig G. Riemer
Dept.: 5
Law and Motion
Judge: Daniel Ottolia
Dept.:2
Action Filed: July 28. 2011
Trial Date: None Set
24 DECLARATION OF DANIEL JACKSON
25 I, Daniel Jackson, declare as follows:
26
1. I have personal knowledge of the facts set forth herein, and if called as a
27 witness to testify thereto, I could competently and truthfully do so.
28
2. I am President of the North American Division of Seventh-day Adventists
DECLARATION OF DANIEL JACKSON IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION
TO COMPEL DEPOSITION TESTIMONY OF RICARDO GRAHAM -1-
("NAD"), which is located in Silver Spring, Maryland. In that capacity, my duties include
2 furthering the educational vision and mission of Seventh-day Adventist colleges and
3 universities operating in North America, including La Sierra University. The Seventh-
4 day Adventist schools of higher learning are envisioned as a part of the seamless
5 delivery of the mission of the Seventh-day Adventist Church, which is to deliver hope
6 and holiness to the world around. Therefore, the North American Division and those
7 Seventh-day Adventist universities and colleges have a strong shared interest.
8 3. A fundamental belief of the Seventh-day Adventist Church is: "The church
9 is one body with many members, called from every nation, kindred, tongue, and
10 people. In Christ we are a new creation; distinctions of race, culture, learning, and
11 nationality, and differences between high and low, rich and poor, male and female,
12 must not be divisive among us. We are all equal in Christ, who by one Spirit has
13 bonded us into one fellowship with Him and with one another; we are to serve and be
14 served without partiality or reservation. Through the revelation of Jesus Christ in the
15 Scriptures we share the same faith and hope, and reach out in one witness to all. This
16 unity has its source in the oneness of the triune God, who has adopted us as His
17 children. (Rom. 12:4, 5; 1 Cor. 12:12-14; Matt. 28:19, 20; Ps. 133:1; 2 Cor. 5:16, 17;
18 Acts 17:26, 27; Gal. 3:27, 29; Col. 3:10-15; Eph. 4:14-16; 4:1-6; John 17:20-23.)"
19 (Fundamental Belief No. 14 "Unity in the Body of Christ";
20 http:/lwww.adventist.org/beliefs/fundamentallindex.html [emphasis added).)
21 4. The Pacific Union Conference of the Seventh-day Adventist Church is a
22 union conference within the NAD. La Sierra University is a Seventh-day Adventist
23 university that operates in the Pacific Union Conference. I am personally aware of La
24 Sierra University's mission statement, which, among other things, states that: "Our
25 community is rooted in the Christian gospel and Seventh-day Adventist values and
26 ideals."
27 5. On June 9, 2011, I participated in a meeting and conference call in my
28 capacity as NAD's President of the North American Division (the "6/9/11 Conference").
2
3
-
The following individuals also met in person, with me, in that 6/9/11 Conference were:
a. Larry Blackmer, Vice-President of NAD for education,
b. Ken Denslow, an advisor to me who holds the office of Assistant to
4 the President of the NAD, and
5
6
6.
c. Karnik Doukmetzian, Esq., NAD's General Counsel.
Two individuals participated by telephone during the 6/9/11 Conference.
7 Those persons were:
8
a. Ricardo Graham, the Chair of La Sierra University's Board of
9 Trustees and President of the Pacific Union Conference, and
10
1 1
7.
b. Kent Hansen, General Counsel for La Sierra University.
Nobody else besides those Seventh-day Adventist entities' officers and
12 their attorneys were present during the 6/9/11 Conference. I understood the 6/9/11
13 Conference was intended to be confidential and that communications among the
14 participants were intended to be confidential attorney-client communications. Each of
15 the participants in the 6/9/11 Conference were participating to further the interests of
16 the Seventh-day Adventist Church. Karnik Doukmetzian is, among other things,
17 general counsel to NAD. I regarded communications with him to be confidential
18 privileged communications. Similarly, I understood that Ricardo Graham and Kent
19 Hansen were, by nature of their positions as La Sierra University's board chair and
20 general counsel, respectively, also shared concerns and interests in a Seventh-day
21 Adventist institution. I regarded their participation in the 6/9/11 Conference as
22 reasonably necessary for the purposes of the consultation with counsel.
23
8. I have read the exhibits Plaintiffs attached to Plaintiffs' motion to compel
24 the deposition testimony of defendant Ricardo Graham and I am personally familiar
25 with Exhibit 2. I received exhibit 2. At no time has the General Conference President,
26 Ted Wilson, instructed me to fire anybody at La Sierra University. At the time I
27 received exhibit 2, I did not interpret the language of paragraph 1 on page 2 of Exhibit
28 2, which Plaintiffs' motion describes as the General Conference President Ted Wilson's
as a message to me to fire anybody at La Sierra University.
2 I declare under penalty of perjury under the laws of the State of California that
3 the foregoing is true and correct and that this declaration was executed on June &__,
4 2013, at ;":5;/ve-e 1 /J//?k!f!:b<!A-ib
5
6
7
8
9
10
1 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JON DAGGETT, ESQ./SBN: 227375
DEAN SCHIRMER, ESQ./SBN: 146407
2 HIROSHIMA, JACOBS, ROTH and LEWIS
1420 River Park Drive, Second Floor
3 Sacramento, CA 95815
Telephone: (916) 923-2223
4 Facsimile: (916) 929-7335
5
Attorneys for Defendants, RICARDO GRAHAM, DANIEL R. JACKSON and LARRY
6 BLACKMER
7
8
9
COUNTY OF RIVERSIDE
10
11 JEFFRY M. KAATZ, JAMES W.
BEACH, and GARY L. BRADLEY,
12
13
Plaintiff,
14 v.
15
RICARDO GRAHAM; PACIFIC UNION
16 CONFERENCE OF SEVENTH-DAY
ADVENTISTS, a not-for-profit
17 corporation; DANIEL R. JACKSON;
LARRY BLACKMER; NORTH
18
AMERICAN DIVISION CORPORATION
19 FO SEVENTH-DAY ADVENTISTS, a
not-for-profit corporation; and LA
20 SIERRA UNIVERSITY, a not-for profit
corporation: and DOES 1-100,
21
22
23
Defendants.
DECLARATION OF LARRY BLACKMER
IN SUPPORT OF OPPOSITION TO
PLAINTIFFS' MOTION TO COMPEL
DEPOSITION TESTIMONY OF RICARDO
GRAHAM
Date: June 21, 2013
Time: 9:00
Dept.: 02
Case Management:
Judge: Craig G. Riemer
Dept.: 5
Law and Motion
Judge: Daniel Ottolia
Dept.: 2
Action Filed: July 28, 2011
Trial Date: None Set
24 DECLARATION OF LARRY BLACKMER
25 I, Larry Blackmer, declare as follows:
26
1.
I have personal knowledge of the facts set forth herein, and if called as a
27 witness to testify thereto, I could competently and truthfully do so.
28
2.
I am Vice-President, responsible for Education, at the North American
DECLARATION OF LARRY BLACKMER IN SUPPORT OF OPPOSITION TO PLAINTIFFS' MOTION
1 Division of Seventh-day Adventists, which is located in Silver Spring, Maryland. In that
2 capacity, my duties include acting as an advisor to Seventh-day Adventist colleges and
3 universities operating in North America, including La Sierra University.
4
3. I am a member of the Adventist Accrediting Association (hereinafter
5 referred to as AAA), a committee of the General Conference of Seventh-day Adventists
6 that accredits Seventh-day Adventist colleges and universities, including La Sierra
7 University. In that role, I am frequently invited to attend and participate in meetings of
8 the board of trustees for those universities and colleges.
9 4. A fundamental belief of the Seventh-day Adventist Church is: "The church
1 o is one body with many members, called from every nation, kindred, tongue, and
11 people. In Christ we are a new creation; distinctions of race, culture, learning, and
12 nationality, and differences between high and low, rich and poor, male and female,
13 must not be divisive among us. We are all equal in Christ, who by one Spirit has
14 bonded us into one fellowship with Him and with one another; we are to serve and be
15 served without partiality or reservation. Through the revelation of Jesus Christ in the
16 Scriptures we share the same faith and hope, and reach out in one witness to all. This
17 unity has its source in the oneness of the triune God, who has adopted us as His
18 children. (Rom. 12:4, 5; 1 Cor. 12:12-14; Matt. 28:19, 20; Ps. 133:1; 2 Cor. 5:16, 17;
19 Acts 17:26, 27; Gal. 3:27, 29; Col. 3:10-15; Eph. 4:14-16; 4:1-6; John 17:20-23.)"
20 (Fundamental Belief No. 14 "Unity in the Body of Christ";
21 http://www. adventist.o rg/beliefs/fundamental/index. html [emphasis added].)
22 5. The Pacific Union Conference of the Seventh-day Adventist Church is a
23 union conference within the NAD. La Sierra University is a Seventh-day Adventist
24 university that operates in the Pacific Union Conference. I am personally aware of La
25 Sierra University's mission statement, which, among other things, states that: "Our
26 community is rooted in the Christian gospel and Seventh-day Adventist values and
27 ideals." The Seventh-day Adventist Church regards the Seventh-day Adventist
28 universities and colleges as an important part of the church's religious and educational
-
ministries. NAD and those universities and colleges cooperate with each other to
2 further our shared educational ministry.
3 6. On June 9, 2011, I participated in a meeting and conference call in my
4 capacity as NAD's Vice President for Education for LSU (the "6/9/11 Conference').
5 The following individuals also met in person, with me, in that 6/9/11 Conference were:
6
7
8
9
7.
a.
b.
c.
Daniel Jackson, President of NAD,
Ken Denslow, Assistant to the President of the NAD, and
Karnik Doukmetzian, Esq., NAD's General Counsel.
Two individuals participated by telephone during the 6/9/11 Conference.
10 Those persons were:
11
a. Ricardo Graham, the Chair of La Sierra University's Board of
12 Trustees and President of the Pacific Union Conference, and
13
14 8.
b. Kent Hansen, General Counsel for La Sierra University.
Nobody else besides those Seventh-day Adventist entities' officers and
15 their attorneys were present during the 6/9/11 Conference. I understood the 6/9/11
16 Conference was intended to be confidential and that communications among the
17 participants were intended to be confidential attorney-client communications. Each of
18 the participants in the 6/9/11 Conference were participating to further the interests of
19 the Seventh-day Adventist Church.
20 9. I have read the exhibits Plaintiffs attached as exhibits 2-4 to Plaintiffs'
21 motion to compel the deposition testimony of defendant Ricardo Graham and I am
22 personally familiar with those exhibits, having received them at or around the time they
23 were created. Exhibit 2 was part of the process of developing a motion that was
24 offered in AAA meetings regarding the accreditation of La Sierra University in 2011.
25 Plaintiffs' motion describes General Conference President Ted Wilson's language in
26 paragraph 1 on page 2 of Exhibit 2 as a message to NAD's President and me about
27 " ... what he expected to happen at LSU" with regard to the employment of certain LSU
28 faculty. However, when I received Exhibit 2 I did not interpret the language as an
-
instruction to terminate anyone or as an attempt to influence the termination of anyone.
2 Exhibit 2 was a preliminary draft of a motion that was being prepared and the group to
3 which President Wilson's e-mail was sent did not ultimately adopt the language in
4 paragraph 1 on page 2 of Exhibit 2.
5 10. I was the recipient of the email attached as exhibit 7 to Plaintiffs' motion
6 to compel and I am personally familiar with that exhibit. This document is
7 mischaracterized by Plaintiffs' motion as having provided me with a confidential LSU
8 documents along with the identification of a confidential communication LSU had
9 provided to WASC. In fact, exhibit 7 was referring to publicly available documents on
10 WASC's website.
11 I declare under penalty of perjury under the laws of the State of California that
12 the foregoing is true and correct and that this declaration was exe ed on June J U,
13 2013, a t ~ ~ \v<A-S:;r: l' Maryland.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
kEWI
BRISBOI
s
-
650 Town Center Drive. Suite 1400
Telephone: 714.54 5. 9200
4 Facsimile: 714.850.1030
7
8
9
10
COUNTY OF RIVERSIDE
II JEFFRY M. KAATZ, JAMES W. BEACH,
and GARY L. BRADLEY.
u
13
14

VS.
RICARDO GRAHAM:
15 PACIFIC UNION CONFERENCE OF
SEVENTH-DAY ADVE'NTISTS, a not-for-
16 profit corporation;
DANIEL R. JACKSON;
17 LARRY BLACKMER:
18 CORPORATION OF SEVENTH-DAY
19 and
LA SIERRA UNIVERSITY. a not-for-profit
20 corporation; and
21
22
DOES 1-100,
Defendants.
DECLARATION OF KENT HANSEN IN
SUPPORT OF OPPOSITION TO
PLAINTIFF'S MOTION TO COMPEL
DEPOSffiON TESTIMONY OF
RICARDO GRAHAM
Case Management: Judge Craig G. Riemer
Law and Motion
Judge: Hon Michael E. Pcrritonio
Date: June 21, 2013
Time: 9:00 a.m.
Dept.: 2
Action Filed:
Trial Date:
July 28, 20 II
None Set
23 DECLARATION OF KENT HANSEN
24 I. Kent Hansen. Esq., declare as follows:
25 I. I have personal knowledge of the facts set forth herein, and if called as a witness to
26 testify thereto, I could competently and truthfully do so.
27
2. lam the General Counsel for La Sierra University. In addition, I have been a part-
28 time professor at La Sierra University.
4&.17-m<J.,roo.l .. . ................... .
DECLARATION OF KENT HANSEN IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL
DEPOSJTION TESTIMONY OF RICARDO GRAHAM
kEWI
BRISBOI
s
1 3. I earned my B.A. degree from La Sierra University. I earned my law degree from
2 Willamette University College of Law. In 1979, I was admitted to the California State Bar, the
3 United States District Court for the Central District of California and the U.S. Court of Appeals
4 for the 9th Circuit.
5 4. In addition to serving as General Counsel for La Sierra University, lam the
6 president of Clayson, Mann, Yaeger & Hansen, PLC, in Corona. California. From time to time.
7 my firm advises the General Conference of Seventh-day Adventists (hereinafter "General
8 Conference") on education and employment issues. l and my firm have from time to time worked
9 with the General Conference's Office of General Counsel (hereinafter "OGC"), and our firm has,
10 in the past, hcen retained by General Conference institutions and the North American Division
11 Corporation of Seventh-day Adventists ("NAD").
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. By virtue of my experience, I am aware that the OGC provides legal counsel and
assistance to the various divisions of the General Conference, in cooperation with their local legal
counsel. The OGC also serves as general counsel to the institutions of the General Conference and
NAD or provides legal support to their outside legal counsel.
A fundamental belief of the Seventh-day Adventist Church is: '"lbe church is one body
with many membets. called from every nation. kindred, tongue, and people. In Christ we
are a new creation; distinctions of race, culture, learning, and nationality. and differences
between high and low, rich and poor, male and female. must not be divisive among us. We
are all equal in Christ, who by one Spirit has bonded us into one fellowship with Him and
with one another; we are to serve and he served without partiality or reservation. Through
the revelation of Jesus Christ in the Scriptures we share the same faith and hope. and reach
out in one witness to all. T h i ~ unily has its source in the Qneness 9f the triune God. who has
adoptedusasHischildren. (Rom.l2:4,5; 1 Cor.l2:12-14;Matt.28:19.20;Ps.133:1;2
Cor. 5:16, 17: Acts 17:26, 27; Gal. 3:27, 29; Col. 3:1 0-15; Eph. 4:14-16; 4:1-6; John
17:20-23.)" (Fundamental Belief No. 14 ''Unity in the Body of Christ'';
http://www .adventist.orgibeliefs/func:lamentallindex.html [emphasis added].)
4837-12391700,1
DECLARATION OF KENT HANSEN IN SUPPORTOF OPPOSITION TO PLAINTIFFS MOTION TO COMPEL
DEPOSITION TESTIMONY OF RICARDO GRAHAM
kEWI
8RISBOI
s
I 6. The Pacific Union Conference of the Seventh-day Adventist Church is a union
2 conference within the NAD. La Sierra University is a Seventh-day Adventist university that
3 operates in the Pacific Union Conference. I am personally aware of La Sierra University's
4 mission statement, which, among other things. states that: "Our community is rooted in the
5 Christian gospel and Seventh-day Adventist values and ideals."
6 7. On June 9, 2011, I participated in a 6/9/11 Conference in my capacity as General
7 Counsel for LS(J (the "6/9/11 Conference"), The following individuals also participated by
8 telephone in that 6/9/11 Conference were:
9
10
11
12
a.
b.
c.
d.
Daniel Jackson, President ofNAD,
Larry Blackmer, Vice President ofNAD's Office of Education, and
Ken Denslow. Assistant to the President of the NAD.
Karnik Doukmetzian. Esq .. General Counsel of the General Conference and
13 General Counsel ofNAD.
14 8. Ricardo Graham, the Chair of La Sierra University's Board of Trustees and
15 President of the Pacific Union Conference participated by telephone in the 6/9/11 Conference.
16 9.
Nobody else besides those Seventh-day Adventist entities' officers and their
17 attorneys participated in the 6/9/11 Conference. My role in that meeting was as a lawyer for the
18 La Sierra University. I understood the 6/9/11 Conference was intended to be confidential and that
19 communications with me and Mr. Doukmetzian were intended to be confidential attorney-client
20 Each of the participants in the 6/9/11 Conference were participating to further
21 the interests of the Seventh-day Adventist Church. On behalf of my client. who is a holder of said
22 privilege. I have not and do not consent to the disclosure of the subject matter of the 6/9/11
23
24
25
26
27
28
Conference.
I!!
ill
I . ,
I '
Iii
Ill
4837-1239-17001
DECLARATION OF KENT HANSEN rN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL
DEPOSITION TESTIMONY OP RICARDO GRAHAM
kEWI
BRI$801
s
1 10. I first became aware of Plaintiffs' motion to compel on May 20, 2013. when
2 Bonnie Dwyer. a reporter with Spectrum Magazine, contacted me and asked me to comment about
3 Plaintiffs' motion to compel.
4
s
6
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tO
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IS
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I declare under penalty of perjury under the Jaws of the State of California that the
foregoing is true and correct and that this declaration was executed on June 7 . 2013. at
C o r " e r \ ~ ,California.
Kent lattsen. Esq.
4837-l239-l700.l
DECLARATION OF KENT HANSEN IN SUPPORT Of OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL
DEPOSITION TESTIMONY OF RICARDO GRAHAM
LEWIS
BRISBOIS
BISGAARD
&SMIHUP
ATIORNMATLAW
Telephone: 714.545.9200
4 Facsimile: 714.850.1030
7
8
9
10
COUNTY OF RIVERSIDE
11 JEFFRYM. KAATZ, JAMES W. BEACH,
and GARY L. BRADLEY,
DECLARATION OF MICHAEL W.
CONNALLY IN SUPPORT OF
OPPOSITION TO PLAINTIFF'S
MOTION TO COMPEL DEPOSITION
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Plaintiffs,
VS.
RICARDO GRAHAM;
PACIFIC UNION CONFERENCE OF
profit corporation;
DANIEL R. JACKSON;
LARRY BLACKMER;
CORPORATION OF SEVENTH-DAY
and
LA SIERRA UNIVERSITY, a not-for-profit
corporation; and
DOES 1-100,
Defendants.
Case Management: Judge Craig G. Riemer
Law and Motion
Judge: Hon Matthew C. Perantoni
Date: June 21, 2013
Time: 9:00 a.m.
Dept.: 2
Action Filed:
Trial Date:
July 28, 2011
None Set
DECLARATION OF MICHAEL W. CONNALLY
I, MICHAEL W. CONNALLY, hereby declare:
1. I am an attorney at law duly licensed to practice before all courts in the State of
California and am a partner with Lewis Brisbois Bisgaard & Smith LLP, counsel of record for
defendants La Sierra University ("LSU"), Pacific Union Conference of Seventh-Day Adventists
("PUC") and North American Division Corporation of Seventh-Day Adventists ("NAD"),
4823-1922-9716.1 1
DECLARATION OF MICHAEL W. CONNALLY OPPOSING PLAINTIFFS' MOTION TO COMPEL DEPOSITION
LEWIS
BRISBOIS
BISGAARD
&SMIHUP
ATIORNEYS AI lAW
1 (collectively called hereafter the "Church Defendants") in this matter. The facts set forth herein
2 are based on my own personal knowledge and, if necessary, I could and would competently testify
3 to the truth of the same.
4 2. I was present during the deposition of Ricardo Graham and, on behalf of the
5 Church Defendants, objected to the questions Plaintiffs' counsel posed to Ricardo Graham that are
6 the subject of Plaintiffs' motion to compel further deposition testimony of Ricardo Graham (the
7 "Motion"). The Church Defendants now join in opposing the Motion since the Motion seeks to
8 force LSU's board chair (Ricardo Graham) and NAD's President (Daniel R. Jackson) and Vice
9 President for Education (Larry Blackmer) to disclose confidential communications between the
10 Church Defendants and their counsel.
11 3. Codefendants Ricardo Graham, Daniel R. Jackson, and Larry Blackmer are filing
12 declarations opposing Plaintiffs' Motion through their counsel of record. Rather than submitting
13 duplicate originals of those declarations, the Church Defendants join in submitting those
14 declarations and their associated exhibits. For the convenience ofthe court, the Church
15 Defendants are submitting true and correct copies ofthose declarations and their associated
16 exhibits and incorporate the originals by reference.
17 4. The declaration of Ricardo Graham, chair of the board for LSU, refers to true and
18 correct copies of three documents being filed with the opposition to the Motion. Specifically, the
19 Church Defendants offer as evidence a true and correct copy of:
20 a. The Seventh-day Adventist Church's fundamental beliefs, which is
21 being filed with Graham's declaration as Exhibit "A,"
22 b. LSU's bylaws that were in effect on June 9, 2011, which is being filed
23 with Graham's declaration as Exhibit "B," and
24 c. A transcript of the recording Plaintiffs' associate, Lenny Darnell,
25 inadvertently made and distributed with the discussion amongst Plaintiffs that led to their
26 resignations (the "Darnell Recording"), which is being filed with this opposition as Exhibit
27 "C."
28 I II
4823-1922-9716.1 2
LEWIS
BRISBOIS
BISGAARD
&SMIHUP
ATTORNEYS AT lAW
1 5. A true and correct copy of selected pages from the transcripts of the deposition
2 of plaintiff Gary L. Bradley are being filed with this opposition as Exhibit "D."
4 of plaintiff Jeffry M. Kaatz are being filed with this opposition as Exhibit "E."
6 of plaintiff James W. Beach are being filed with this opposition as Exhibit "F."
7 8. None of Plaintiffs' counsel contacted me after Ricardo Graham's deposition to
8 meet and confer about the basis for the privilege objections we made on behalf of the Church
9 Defendants during Ricardo Graham's deposition. None of Plaintiffs' counsel contacted me after
10 Ricardo Graham's deposition to discuss the basis for Plaintiffs' contention that the privilege
11 objections to the questions posed to Ricardo Graham that are the subject of this motion were not
12 well taken. None of Plaintiffs' counsel contacted me after Ricardo Graham's deposition
13 attempting to obtain an informal resolution of each issue presented by the Motion.
14 9. I have spent in excess of six ( 6) hours preparing the papers being filed by the
15 Church Defendants in opposition to Plaintiffs' motion to compel further deposition testimony of
16 Ricardo Graham. I anticipate spending more than two hours preparing for, traveling to, from, and
17 attending the hearing on Plaintiffs' motion to compel. At the hourly billing rate my firm actually
18 charges for time spent on this case, our clients will have therefore incurred more than $2,000
19 opposing this motion by the date ofthe hearing.
20 I declare under penalty of perjury under the laws ofthe State of California that the
21 foregoing is true and correct and that this declaration was executed on June I 0, 2013, at Costa
22 Mesa, California.
23
24
25
26
27
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48231922-9716.1
EXHIBIT "A"
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--
Homo -Our Church Calendar Mini-a .. ..,. Bllll -.ty Resou""'s Media Dlrec:taoy Contact Us
What We Believe
Adventists believe a Trinity of three persons - the Father, the Son, and the Holy Spirrt - make up one God. They made salvation
possible when Jesus, the Son, came to earth as a baby in Bethlehem and lived a sinless life in accordance wrth the Father's will.
When Jesus was crucified for the sins of the people of the world and arose from the dead on the third day, victory was won for
everyone.
When He returned to heaven following the resurrection, Jesus left the Holy Spirit to serve as our Comforter and Counselor. He
promised to return to earth a second time to complete His plan of salvation and take His people to heaven. Adventists are among
the believers who look forward to that day.
Adventists believe that God is concerned wrth the qualrty of human life, and that everyttlng - the way we live, eat, speak, think,
treat each other, and care for the world around us - is part of His plan. Our families, our children, our jobs, our talents, our money,
and our time are all important to H'1m.
28 Fundamental Beliefs
Seventh-day Adventists accept the Bible as their only creed and hold certain fundamental beliefs to be the teaching of the Holy
Scriptures. These beliefs, as set forth here, constitute the church's understanding and expression of the teaching of Scripture.
Revision of these statements may be expected at a General Conference session when the church is led by the Holy Spirit to a
fuller understanding of Bible truth or finds better language in which to express the teachings of God's Holy Word. (Click the[+] to
learn more.}
E! The Holy Scriptures
The Holy Scriptures, Old and New Testaments, are the written Word of God,
given by divine inspiration through holy men of God who spoke and wrote as they
were moved by the Holy Spirit. In this Word, God has committed to man the
knowledge necessary for salvation. The Holy Scriptures are the infallible
revelation of His will. They are the standard of character, the test of experience,
the authoritative revealer of doctrines, and the trustworthy record of God's acts in
history. (2 Peter 1:20, 21; 2 Tim. 3:16, 17; Ps. 119:105; Prov. 30:5, 6; lsa. 8:20;
John 17:17; 1 Thess. 2:13; Heb. 4:12.}
E! The Trinity
There is one God: Father, Son, and Holy Spirit, a unity of three co-eternal
Persons. God is immortal, all-powerful, all-knowing, above all, and ever present.
He is mfinite and beyond human comprehension, yet known through His
self-revelation. He is forever worthy of worship, adoration, and service by the
whole creation. (Deut. 6:4; Matt. 28:19; 2 Cor. 13:14; Eph. 4:4-6; 1 Peter 1:2; 1
Tim. 1:17, Rev. 14:7.}
EJ The Father
God the eternal Father is the Creator, Source, Sustainer, and Sovereign of all
creation. He is just and holy, merciful and gracious, slow to anger, and abounding
in steadfast love and faithfulness. The qualities and powers exhibited 1n the Son
and the Holy Spirit are also revelations of the Father. (Gen. 1:1; Rev. 4:11; 1 Cor.
15:28; John 3:16; 1 John4:8; 1 Tim. 1:17; Ex. 34:6, 7; John 14:9.}
r- The Son
God the eternal Son became incarnate in Jesus Christ. Through Him all things
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were created, the character of God is revealed, the salvation of humanrty is
accomplished, and the world is judged. Forever truly God, He became also truly
man, Jesus the Christ. He was conceived of the Holy Spirit and born of the virgin
Mary. He lived and experienced temptation as a human being, but perfectly
exemplified the righteousness and love of God. By His miracles He manifested
God's power and was attested as God's promised Messiah. He suffered and died
voluntarily on the cross for our sins and in our place, was raised from the dead,
and ascended to minister in the heavenly sanctuary in our behalf. He will come
again in glory for the final deliverance of His people and the restoration of all
things. (John 1:1-3, 14; Col. 1:15-19; John 10:30; 14:9; Rom. 6:23; 2 Cor.
5:17-19; John 5:22; Luke 1:35; Phil. 2:5-11; Heb. 2:9-18; 1 Cor. 15:3, 4; Heb.
8:1, 2; John 14:1-3.)
E The Holy S p i r ~
God the eternal Spirit was active with the Father and the Son in Creation,
incarnation, and redemption. He inspired the writers of Scripture. He filled Christ's
life wrth power. He draws and convicts human beings; and those who respond He
renews and transforms into the image of God. Sent by the Father and the Son to
be always with H1s children, He extends spirttual gifts to the church, empowers it
to bear witness to Christ, and in harmony wrth the Scriptures leads rt into all truth.
(Gen. 1:1, 2; Luke 1:35; 4:18; Acts 10:38; 2 Peter 1:21; 2 Cor. 3:18; Eph. 4:11,
12; Acts 1:8; John 14:16-18, 26; 15:26, 27; 16:7-13.)
E Creation
God is Creator of all things, and has revealed in Scripture the authentic account of
His creative activrty. In six days the Lord made "the heaven and the earth" and all
living things upon the earth, and rested on the seventh day of that first week. Thus
He established the Sabbath as a perpetual memorial of His completed creative
work. The first man and woman were made in the image of God as the crowning
work of Creation, given dominion over the world, and charged with responsibility
to care for it. When the world was finished it was "very good", declaring the glory
of God. (Gen. 1; 2; Ex. 20:8-11; Ps. 19:1-6; 33:6, 9; 104; Heb. 11:3.)
E' The Nature of Man
Man and woman were made in the image of God with individuality, the power and
freedom to think and to do. Though created free beings, each is an indivisible
unity of body, mind, and spirrt, dependent upon God for life and breath and all
else. When our first parents disobeyed God, they denied their dependence upon
Him and fell from their high posrtion under God. The image of God in them was
marred and they became subject to death. Their descendants share this fallen
nature and its consequences. They are born with weaknesses and tendencies to
evil. But God in Christ reconciled the world to Himself and by His Spirit restores in
penrtent mortals the image of their Maker. Created for the glory of God, they are
called to love Him and one another, and to care for their environment. (Gen.
1:26-28; 2:7; Ps. 8:4-8; Acts 17:24-28; Gen. 3; Ps. 51:5; Rom. 5:12-17; 2 Cor.
5:19, 20; Ps. 51:10; 1 John 4:7, 8, 11, 20; Gen. 2:15.)
E The Great Controversy
All humanity is now involved in a great controversy between Christ and Satan
regard1ng the character of God, His law, and His sovereignty over the universe.
This conflict originated in heaven when a created being, endowed with freedom of
choice, m self-exaltat1on became Satan, God's adversary, and led into rebellion a
portion of the angels. He introduced the spirit of rebellion into this world when he
led Adam and Eve into sin. This human s'1n resulted in the distortion of the image
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of God in humanity, the disordering of the created world, and its eventual
devastation at the time of the worldwide flood. Observed by the whole creation,
this world became the arena of the universal conflict, out of which the God of love
will ultimately be vindicated. To assist His people in this controversy, Christ sends
the Holy Spirn and the loyal angels to guide, protect, and sustain them in the way
of salvation. (Rev. 12:4-9; lsa. 14:12-14; Eze. 28:12-18; Gen. 3; Rom. 1:19-32;
5:12-21; 8:19-22; Gen. 6-8; 2 Peter 3:6; 1 Cor. 4:9; Heb. 1:14.)
EJ The Life, Death, and Resurrection of Christ
In Christ's life of perfect obedience to Gaels will, His suffering, death, and
resurrection, God pr01Aded the only means of atonement for human sin, so that
those who by fanh accept this atonement may have eternal life, and the whole
creation may better understand the infinite and holy love of the Creator. This
perfect atonement vindicates the righteousness of God's law and the
graciousness of H1s character; for it both condemns our sin and provides for our
forgiveness. The death of Christ is substitutionary and expiatory, reconciling and
transforming. The resurrection of Christ proclaims God's triumph over the forces
of evil, and for those who accept the atonement assures their final victory over sin
and death. It declares the Lordship of Jesus Christ, before whom every knee in
heaven and on earth will bow. (John 3:16; I sa. 53; 1 Peter 2:21, 22; 1 Cor. 15:3,
4, 20-22; 2 Cor. 5:14, 15, 19-21; Rom. 1:4; 3:25; 4:25; 8:3, 4; 1 John 2:2; 4:10;
Col. 2:15; Phil. 2:6-11.)
EJ The Experience of Salvation
In infinite love and mercy God made Christ, who knew no sin, to be sin for us, so
that in Him we might be made the righteousness of God. Led by the Holy Spirit
we sense our need, acknowledge our sinfulness, repent of our transgressions,
and exercise faith in Jesus as Lord and Christ, as Substitute and Example. This
faith which receives salvation comes through the divine power of the Word and is
the gift of God's grace. Through Christ we are justified, adopted as God's sons
and daughters, and delivered from the lordship of sin. Through the Spirit we are
born aga1n and sanctified; the Spirit renews our minds, writes God's law of love in
our hearts, and we are given the power to live a holy life. Abiding in Him we
become partakers of the divine nature and have the assurance of salvation now
and in the judgment. (2 Cor. 5:17-21; John3:16; Gal. 1:4; 4:4-7; Titus 3:3-7; John
16:8; Gal. 3:13, 14; 1 Peter 2:21, 22; Rom. 10:17; Luke 17:5; Mark 9:23, 24;
Eph. 2:5-10; Rom. 3:21-26; Col. 1:13, 14; Rom. 8:14-17; Gal. 3:26; John 3:3-8; 1
Peter 1:23; Rom. 12:2; Heb. 8:7-12; Eze. 36:25-27; 2 Peter 1:3, 4; Rom. 8:1-4;
5:6-10.)
EJ Growing in Christ
By His death on the cross Jesus triumphed over the forces of evil. He who
subjugated the demonic spirits during His earthly ministry has broken their power
and made certain their LJtimate doom. Jesus' victory gives us victory over the evil
forces that still seek to control us, as we walk with Him in peace, joy, and
assurance of His love. Now the Holy Spirit dwells within us and empowers us.
Continually commrtted to Jesus as our Saviour and Lord, we are set free from the
burden of our past deeds. No longer do we live in the darkness, fear of evil
powers, 1gnorance, and meaninglessness of our former way of life. In this new
freedom in Jesus, we are called to grow 1nto the likeness of H1s character,
communing with Him daily in prayer, feeding on His Word, meditating on it and on
His providence, singing His praises, gathering together for worship, and
participating in the mission of the Church. As we give ourselves in loving service to
those around us and in witnessing to His salvation, His constant presence with us
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through the Spirtt transforms every moment and every task into a spiritual
experience. (Ps 1:1, 2; 23:4; 77:11, 12; Col1:13, 14; 2:6. 14, 15; Luke 10:17-20;
Eph 5:19, 20; 6:12-18; 1 Thess 5:23; 2 Peter 2:9; 3:18; 2 Cor. 3:17, 18; Phil
3:7-14; 1 Thess 5:16-18; Matt 20:25-28; John 20:21; Gal 5:22-25; Rom 8:38, 39;
1 John 4:4; Heb 10:25.)
E! The Church
The church is the communtty of believers who confess Jesus Christ as Lord and
Saviour. In continuity with the people of God in Old Testament times, we are
called out from the world; and we join together for worship, for fellowship, for
instruction in the Word, for the celebration of the Lord's Supper, for serv1ce to all
mankind, and for the worldwide proclamation of the gospel. The church derives its
authority from Christ, who is the incarnate Word, and from the Scriptures, which
are the written Word. The church is God's family; adopted by Him as children, tts
members live on the basis of the new covenant. The church is the body of Christ,
a community of fatth of which Christ Himself is the Head. The church is the bride
for whom Christ died that He might sanctify and cleanse her. At His return in
triumph, He will present her to Himself a glorious church, the faithful of all the
ages, the purchase of His blood, not having spot or wrinkle, but holy and without
blemish. (Gen. 12:3; Acts 7:38; Eph. 4:11-15; 3:8-11; Matt. 28:19, 20; 16:13-20;
18:18; Eph. 2:19-22; 1:22, 23; 5:23-27; Col. 1:17, 18.)
E! The Remnant and Its Mission
The universal church is composed of all who truly believe in Christ, but in the last
days, a time of widespread apostasy, a remnant has been called out to keep the
commandments of God and the faith of Jesus. This remnant announces the arrival
of the judgment hour, proclaims salvation through Christ, and heralds the
approach of His second advent. This proclamation is symbolized by the three
angels of Revelation 14; tt coincides with the work of judgment in heaven and
results in a work of repentance and reform on earth. Every believer is called to
have a personal part in this worldwide wttness. (Rev. 12:17; 14:6-12; 18:1-4; 2
Cor. 5:10; Jude 3, 14; 1 Peter 1:16-19; 2 Peter 3:10-14; Rev. 21:1-14.)
E! Unity in the Body of Christ
male and female, must not be divisive among us. We are all equal in Christ, who
by one Spirit has bonded us into one fellowship with Him and wtth one another; we
are to serve and be served wtthout partiality or reservation. Through the revelation
of Jesus Christ in the Scriptures we share the same faith and hope, and reach out
in one wttness to all. This unity has tts source in the oneness of the triune God,
who has adopted us as His children. (Rom. 12:4, 5; 1 Cor. 12:12-14; Matt. 28:19,
20; Ps. 133.1; 2 Cor. 5:16, 17; Acts 17:26, 27; Gal. 3:27, 29, Col. 3:10-15, Eph.
4:14-16; 4:1-6; John 17:20-23.)
B Baptosm
By baptism we confess our faith in the death and resurrection of Jesus Christ, and
testify of our death to sin and of our purpose to walk ,n newness of life. Thus we
acknowledge Christ as Lord and Saviour, become His people, and are received
as members by His church. Baptism is a symbol of our union wtth Christ, the
forgiveness of our sins, and our reception of the Holy Spirit. It os by immersion in
water and is contingent on an affirmation of faith in Jesus and evidence of
repentance of sin. It follows instruction in the Holy Scr"1ptures and acceptance of
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their teachings. (Rom. 6:1-6; Col. 2:12, 13; Acts 16:30-33; 22:16; 2:38; Matt.
28:19, 20.}
8 The Lord's Supper
The Lord's Supper is a participation in the emblems of the body and blood of
Jesus as an expression of faith in Him, our Lord and Saviour. In this experience of
communion Christ is present to meet and strengthen His people. As we partake,
we joyfully proclaim the Lord's death until He comes again. Preparation for the
Supper includes self-examination, repentance, and confession. The Master
ordatned the service of foot wash'tng to signify renewed cleansing, to express a
willingness to serve one another in Christlike humility, and to unite our hearts in
love. The communion service is open to all believing Chnstians. (1 Cor. 10:16, 17;
11:23-30; Matt. 26:17-30; Rev. 3:20; John6:48-63; 13:1-17.}
8 Spiritual Gifts and Ministries
God bestows upon all members of His church in every age spiritual gifts which
each member is to employ in loving ministry for the common good of the church
and of humanity. Given by the agency of the Holy Spirrt, who apportions to each
member as He wills, the gifts provide all abilities and ministries needed by the
church to f u ~ i l l its divinely ordained functions. According to the Scriptures, these
gifts tnclude such ministries as faith, healing, prophecy, proclama!ton, teaching,
administration, reconciliation, compassion, and self-sacrificing service and charijy
for the help and encouragement of people. Some members are called of God and
endowed by the Spirit for functions recognized by the church in pastoral,
evangelistic, apostolic, and teaching ministries particularly needed to equip the
members for service, to bLJid up the church to spiritual maturity, and to foster
unity of the faith and knowledge of God. When members employ these spiritual
gifts as faithful stewards of God's varied grace, the church is protected from the
destructive influence of false doctrine, grows with a growth that is from God, and
is built up in faith and love. (Rom 12:4-8; 1 Cor. 12:9-11, 27, 28; Eph. 4:8, 11-16;
Acts 6:1-7; 1 Tim. 3:1-13; 1 Peter 4:10, 11.}
E' The Gift of Prophecy
One of the gifts of the Holy Spirit is prophecy. This gift is an identifying mark of
the remnant church and was manifested in the ministry of Ellen. G. Whrte . As the
Lord's messenger, her writings are a continuing and authoritative source of truth
which provide for the church comfort, guidance, instruction, and correction. They
also make clear that the Bible is the standard by which all teaching and
experience must be tested. (Joel2:28, 29; Acts2:14-21; Heb. 1:1-3; Rev. 12.17;
1910.}
<=1 The Law of God
The great principles of God's law are embodied in the Ten Commandments and
exemplifted in the life of Christ. They express God's love, will, and purposes
concerning human conduct and relattonships and are binding upon all people in
every age. These precepts are the basis of God's covenant with His people and
the standard in God's judgment. Through the agency of the Holy Spirit they point
out sin and awaken a sense of need for a Saviour. Salvation is all of grace and
not of works, but its fruitage ts obed'tence to the Commandments. Thts obedience
develops Christian character and results in a sense of well-being. It is an evidence
of our love for the Lord and our concern for our fellow men. The obedience of
faith demonstrates the power of Christ to transform lives, and therefore
strengthens Christian witness. (Ex. 20:1-17; Ps. 40:7, 8; Matt. 22:36-40; Deut.
28:1-14; Matt 5:17-20; Heb. 8:8-10; John 15:7-10; Eph. 2:8-10; 1 John 5:3;
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I Rom 8:3, 4; Ps. 19:7-14.)
E! The Sabbath
The bereficent Creator, after the six days of Creation, rested on the seventh day
and instnuted the Sabbath for all people as a memorial of Creation. The fourth
commandment of God's unchangeable law requires the observance of this
seventh-day Sabbath as the day of rest, worship, and ministry in harmony with the
teaching and practice of Jesus, the Lord of the Sabbath. The Sabbath is a day of
delightful communion with God and ore another. It is a symbol of our redemption
in Christ, a s,gn of our sanctification, a token of our allegiance, and a foretaste of
our eternal future in God's kingdom. The Sabbath is God's perpetual sign of His
eternal covenant between Him and His people. Joyful observance of this holy time
from evening to evening, sunset to sunset, is a celebration of God's creative and
redemptive acts. (Gen. 2:1-3; Ex. 20:8-11; Luke4:16; !sa. 56:5, 6; 58:13, 14;
Matt. 12:1-12; Ex. 31:13-17; Eze. 20:12, 20; Deut. 5:12-15; Heb. 4:1-11; Lev.
23:32; Mark 1:32.)
E! Stewardship
We are God's stewards, entrusted by Him with time and opportunities, abilities
and possessions, and the blessings of the earth and its resources. We are
responsible to Him for their proper use. We acknowledge God's ownership by
faithful service to Him and our fellow men, and by returning tithes and giving
offerings for the proclamation of His gospel and the support and growth of His
church. Stewardship is a privilege given to us by God for nurture in love and the
victory over selfishness and covetousress. The steward rejoices in the blessings
that come to others as a result of his faithfulness. (Gen. 1:26-28; 2:15; 1 Chron.
29:14; Haggai 1:3-11; Mal. 3:8-12; 1 Cor. 9:9-14; Matt. 23:23; 2 Cor. 8:1-15;
Rom 15:26, 27.)
E! Christian Behavior
We are called to be a godly people who think, feel, and act in harmony with the
principles of heaven. For the Spirit to recreate in us the character. of our Lord we
mvolve ourselves only in those things which will produce Christlike purity, heaith,
and joy in our lives. This means that our. amusement and entertainment should
meet the t>ghest standards of Christian taste and beauty. While recognizing
cultural differences, our dress is to be simple, modest, and neat, befitting those
whose tr.ue beauty does not consist of outward adornment but in the imperishable
ornament of a gentle and quiet spirit. It also means that because our bodies are
the temples of the Holy Spirit, we are to car.e for them intelligently. Along with
adequate exercise and rest, we are to adopt the most healthful diet possible and
abstain from the unclean foods identified in the Scr.iptur.es. Since alcoholic
beverages, tobacco, and the irresponsible use of drugs and narcotics are harmful
to our bodies, we are to abstain from them as well. Instead, we ar.e to engage in
whatever brings our thoughts and bodies into the discipline of Christ, who desir.es
our. wholesomeness, joy, and goodness. (Rom. 12:1, 2; 1 John 2:6; Eph. 5:1-21;
Phil. 4:8; 2 Cor. 10:5; 6:14-7:1; 1 Peter 3:1-4; 1 Cor. 6:19, 20; 10:31; Lev.
11:1-47; 3 John 2.)
E Marriage and the Family
Marriage was divinely established in Eden and affir.med by Jesus to be a lifelong
union between a man and a woman in loving companionship. For the Christian a
marriage commitment is to God as well as to the spouse, and should be enter.ed
into only between partrers who share a common faith. Mutual love, honor,
respect, and responsibility are the fabric of this relationship, which is to reflect the
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love, sanctrty, closeness. and permanence of the relationship between Christ and
His church. Regarding divorce, Jesus taught that the person who divorces a
spouse, except for fornication, and marries another, commits aduttery. Although
some family relationships may fall short of the ideal, marriage partners who fully
commit themselves to each other in Christ may achieve loving unrty through the
guidance of the Spirit and the nurture of the church. God blesses the family and
intends that rts members shall assist each other toward complete maturity.
Parents are to bring up their children to love and obey the Lord. By their example
and their words they are to teach them that Christ is a loving disciplinarian, ever
tender and caring, who wants them to become members of His body, the family of
God. Increasing family closeness is one of the earmarks of the final gospel
message. (Gen. 2:18-25; Matt. 19:3-9; John 2:1-11; 2 Cor. 6:14; Eph. 5:21-33;
Matt. 5:31, 32; Mark 10:11, 12; Luke 16:18; 1 Cor. 7:10, 11; Ex. 20:12; Eph.
6:1-4; Deut. 6:5-9; Prov. 22:6; Mal. 4:5, 6.)
I::c Christ's Ministry in the Heavenly Sanctuary
There IS a sanctuary in heaven, the true tabernacle which the Lord set up and not
man. In it Christ ministers on our behalf, making available to believers the benefits
of H1s atoning sacrifice offered once for all on the cross. He was inaugurated as
our great High Priest and began His intercessory ministry at the time of His
ascension. In 1844, at the end of the prophetic period of 2300 days, He entered
the second and last phase of His atoning ministry. It is a work of investigative
judgment which is part of the ultimate disposition of all sin, typified by the
cleansing of the ancient Hebrew sanctuary on the Day of Atonement. In that
typical service the sanctuary was cleansed wrth the blood of animal sacrifices, but
the heavenly things are purified with the perfect sacrifice of the blood of Jesus.
The investigative judgment reveals to heavenly intelligences who among the dead
are asleep in Christ and therefore, in Him, are deemed worthy to have part in the
first resurrection. It also makes manifest who among the living are abiding in
Christ, keeping the commandments of God and the faith of Jesus, and in Him,
therefore, are ready for translation into His everlasting kingdom. This judgment
vindicates the justice of God in saVIng those who believe in Jesus. It declares that
those who have remained loyal to God shall receive the kingdom. The completion
of this ministry of Christ will mark the close of human probation before the Second
Advent. (Heb. 8:1-5; 4:14-16; 9:11-28; 10:19-22; 1:3; 2:16, 17; Dan. 7:9-27;
8:13, 14; 9:24-27; Num. 14:34; Eze. 4:6; Lev. 16; Rev. 14:6, 7; 20:12; 14:12;
2212.)
1=1 The Second Coming of Christ
The second coming of Christ is the blessed hope of the church, the grand climax
of the gospel. The Saviour's coming will be literal, personal, visible, and
worldwide. When He returns, the righteous dead will be resurrected, and together
with the nghteous living will be glorified and taken to heaven, but the unrighteous
will die. The almost complete fulfillment of most lines of prophecy, together with
the present condition of the world, indicates that Christ's com1ng is imminent. The
time of that event has not been revealed, and we are therefore exhorted to be
ready at all times. (Titus 2:13; Heb. 9:28; John 14:1-3; Acts 1:9-11; Matt. 24:14;
Rev. 1:7; Matt. 24:43, 44; 1 Thess. 4:13-18; 1 Cor. 15:51-54, 2 Thess 1:7-10.
2:8; Rev. 14:14-20; 19:11-21; Matt. 24; Mark 13: Luke 21; 2 Tm 3:1-5, 1 Thess.
5:1-6.)
E Death and Resurrection
The wages of sm is death. But God, who alone is immortal, will grant eternal life
to His redeemed. Until that day death is an unconscious state for all people. When
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Christ, who is our life, appears, the resurrected righteous and the living righteous
will be glorified and caught up to meet their Lord. The second resurrection, the
resurrection of the unrighteous, will take place a thousand years later. (Rom
6:23; 1 Tim. 6:15, 16; Eccl. 9:5, 6; Ps. 146:3, 4; John 11:11-14; Col. 3:4; 1 Cor.
15:51-54; 1 Thess. 4:13-17; John 5:28, 29; Rev. 20:1-10.)
EJ The Millennium and the End of Sin
The millennium is the thousand-year reign of Christ with His saints in heaven
between the first and second resurrections. During this time the wicked dead will
be judged; the earth will be utterly desolate, without living human inhabitants, but
occupied by Satan and his angels. At its close Christ with His saints and the Holy
City will descend from heaven to earth. The unrighteous dead will then be
resurrected, and with Satan and h'1s angels will surround the crty; but f1re from
God will consume them and cleanse the earth. The universe will thus be freed of
sin and sinners forever. (Rev. 20; 1 Cor. 6:2, 3; Jer. 4:2:>-26; Rev. 21:1-5; Mal.
4:1; Eze. 28:18, 19.)
EJ The New Earth
On the new earth, in which righteousness dwells, God will provide an eternal
home for the redeemed and a perfect enYironment for everlasting life, love, joy,
and learning in His presence. For here God Himself will dwell with His people, and
suffering and death will have passed away. The great controversy will be ended,
and sin will be no more. All things, animate and inanimate, will declare that God is
love; and He shall reign forever. Amen. (2 Peter 3:13; I sa. 35; 65:17-25; Matt.
5:5; Rev. 21:1-7; 22:1-5; 11:15.)
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EXHIBIT
11
B"
BYLAWS
Riverside, California
May 13,2010
LSU000038
Table of Contents
ARTICLE ONE: Name ............................................................................................................................ I
ARTICLE TWO: Location ...................................................................................................................... I
ARTICLE THREE: Legal Entity ............................................................................................................ !
ARTICLE FOUR: Purposes .................................................................................................................... !
Section 5 .I Membership ........................................................................................................ I
Section 5.2 Functions of the Membership ............................................................................ !
Section 5.3 Designation of Membership .............................................................................. 2
Section 5.4 Constituent Membership Meetings ................................................................... 2
Section 5.5 Officers of the Constituent Membership ........................................................... 3
Section 5.6 Nomination Committee ..................................................................................... 3
Section 5.7 Articles and Bylaws Committee ........................................................................ 3
Section 5.8 Special Meetings ................................................................................................ 4
Section 5.9 Quorum ............................................................................................................... 4
Section 5.10 Voting ................................................................................................................. 4
Section 5.11 One Member, One Vote .................................................................................... .4
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.1 0
Section 6.11
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Board of Trustees ............................................................................................... 4
Trustee Membership .......................................................................................... 5
Chair of the Board of Trustees .......................................................................... 5
Secretary ofthe Board ofTrustees .................................................................... 6
Vice Chair of the Board ofTrustees .................................................................. 6
Vacancies ............................................................................................................ 6
Open Meetings ................................................................................................... 6
Trustee Duties and Authority ............................................................................ 6
Place of Meeting ................................................................................................ 8
Notice of Meeting .............................................................................................. 8
Waiver ofNotice ................................................................................................ 8
Number of Meetings .......................................................................................... 8
Special Meetings ................................................................................................ 8
Polling the Board of Trustees ............................................................................ 9
Quorum ............................................................................................................... 9
One Trustee, One Vote ...................................................................................... 9
Conflicts of Interest ............................................................................................ 9
Section 7 .I Offices ................................................................................................................. 9
Section 7.2 President ............................................................................................................. 9
Section 7.3 Powers of the President... ................................................................................. ! 0
LSU000039
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Inability of the President to Serve ................................................................... 10
Secretary ........................................................................................................... 10
Assistant Secretaries ........................................................................................ 11
Chief Financial Officer .................................................................................... 11
Section 8.1
Section 8.2
Section 8.3
Audit ................................................................................................................. 11
Employment of Auditors ................................................................................. 11
Audit Reports ................................................................................................... 11
ARTICLE NINE: Records ..................................................................................................................... ll
AR Tl CLE TEN: Amendments .............................................................................................................. 12
ARTICLE ELEVEN: Inspection ........................................................................................................... l2
AR Tl CLE TWELVE: Contracts and Agreements ............................................................................... 12
ARTICLE THIRTEEN: Rules of Order ............................................................................................... 12
Section 14 .I Right of Indemnity ........................................................................................... 12
Section 14.2 Approval ofindemnity ..................................................................................... \2
Section 14.3 Advancement ofExpenses ............................................................................... J3
Section 14.4 Insurance ........................................................................................................... l3
LSU000040
LA SIERRA UNNERSITY
BYLAWS
ARTICLE ONE: Name
The name of this Corporation is La Sierra University, hereinafter referred to as "the University."
ARTICLE TWO: Location
The principal office of the University is located in the City and County of Riverside, State of
California. The Board of Trustees (Article Six) may at any time establish branch or subordinate
offices at any place or places where the University is qualified to conduct its activities.
ARTICLE THREE: Legal Entity
The term "La Sierra University," is used to refer to the entire organization and is the legal entity
responsible for the functioning of its various divisions which include but are not limited to the
University campus.
ARTICLE FOUR: Purposes
The University is an institution of higher education sponsored and maintained by the Pacific Union
Conference of Seventh-day Adventists as part of the system of educational institutions established
throughout the world by the Seventh-day Adventist Church.
The University is operated by its Board of Trustees as an integral part of the Pacific Union
Conference of Seventh-day Adventists.
The particular objectives for which the University is formed are set forth in the Articles of
Incorporation as filed with the Secretary of State of the State of California.
Section 5.1 Membership: The University shall have a Constituent Membership as provided for in
Section 5.3. Members shall have only those rights and duties as specifically set forth in these
Bylaws. In addition, the University may refer to persons associated with it as "members" even
though those persons are not members as herein defined. No such reference shall constitute anyone
a member within the meaning of Section 5056 of the California Corporations Code.
Section 5.2 Functions of the Membership: It shall be the function of the constituent members to
attend official Constituent Membership meetings of the University; to inform themselves on the
business of the University to be transacted; to elect the members of the Board of Trustees; to receive
the report of the auditor (Article Eight) for the previous period; to amend the Articles of
Incorporation; to adopt, amend, or repeal the Bylaws as set forth in Article Ten hereof; to dispose of
May 13,2010
Bylaws: I of 13
LSU000041
all or substantially all the corporate assets; to adopt, amend, or repeal a merger agreement; to wind
up and dissolve the University; and to transact such other business as may be submitted to the
Constituent Membership by the Board ofT rustees. All other corporate authority shall be reserved
to the Board ofTrustees. Constituent members shall serVe only for the meetings of the Constituent
Membership for which they are appointed.
Section 5.3 Designation ofMembership: The constituent members of the University shall be
members of the Seventh-day Adventist Church and, subject to this condition, except as provided for
in c. below, shall include the following:
a. The members of the Executive Committee of the Pacific Union Conference of Seventh-day
Adventists.
b. Two (2) representatives from the Arizona Conference of Seventh-day Adventists and three
(3) representatives each from the Southeastern California and Southern California
conferences of Seventh-day Adventists. These representatives shall be elected by the
Executive Committee of the Pacific Union Conference of Seventh-day Adventists from
nominations submitted by the executive committees of the respective conferences, which
shall consider suggestions made by the Board of Directors of the Alumni Association.
c. The trustees of the University, one of whom may be a non-Seventh-day Adventist Christian,
as provided for in Section 6.2.
d. The provost and vice presidents of the University and the deans of the College and Schools
of the University.
e. The chair of the Faculty Senate plus four (4) additional faculty representatives elected by the
Faculty Senate, plus two (2) additional representatives of the non-faculty staff selected by
the staff of the University.
f. Two (2) representatives from among the elected officers of the Student Association of La
Sierra University chosen by vote of the Student Senate.
g. Six (6) representatives of the Board of Directors of the Alumni Association as follows:
president, president-elect, and four members elected by the Board of Directors.
h. Additional constituent members may be seated by a two-thirds (2/3) vote of the constituent
members as defined above.
Section 5.4 Constituent Membership Meetings: Constituent Membership meetings shall be held on
the campus of the University not less frequently than in alternate academic years. Notice of such
regular or special meetings shall be given in writing by:
a. Mail sent not less than thirty (30) days nor more than ninety (90) days prior to the date of
such meeting and shall be effective when mailed, postage prepaid, to the last known address
of the constituent member, according to a list of constituent members certified by the
secretary of the Board of Trustees; and
b. Publication in the Pacific Union Recorder not less than thirty (30) days nor more than ninety
(90) days prior to the date of the meeting.
May 13,2010
Bylaws: 2 of 13
LSU000042
An agenda, together with supporting materials, shall be mailed not less than ten (1 0) days prior to
the date of the meeting.
Section 5.5 Officers of the Constituent Membership: The Constituent Membership in session shall
be chaired by the president of the Pacific Union Conference of Seventh-day Adventists. The
president of the University shall serve as secretary.
Section 5.6 Nominating Committee: The Board of Trustees shall appoint a Nominating Committee
and designate its chair. This committee shall meet at least sixty (60) days prior to the regular
meetings of the Constituent Membership and shall consist of eight (8) members appointed as
follows:
a. Pacific Union Conference of Seventh-day Adventists- one(!) member.
An officer.
b. The University -six (6) members.
!. A trustee, not employed by any entity of the Seventh-day Adventist Church, who serves
as a member of the Development and Membership Committee of the Board of Trustees.
2. The president.
3. A faculty member appointed from at least three (3) nominees submitted by the Faculty
Senate.
4. A student appointed from at least three (3) nominees submitted by the Student Senate of
the Student Association of La Sierra University.
5. An alumnus appointed from at least three (3) nominees submitted by the Board of
Directors of the Alumni Association.
6. A staff member appointed from at least three (3) nominees submitted by the staff.
c. At-large member- one (I) member.
An individual who is not employed by any entity of the Seventh-day Adventist Church
appointed from at least three (3) nominees submitted by the president.
With the exception of those trustees appointed ex officio pursuant to Section 6.2 a, b, c, and d, the
Nominating Committee shall nominate persons for election to the Board of Trustees. The
Nominating Committee shall serve for only one (I) meeting of the Constituent Membership and
shall report its nominations to the Constituent Membership in session. If the Constituent
Membership by majority vote objects to the report or any part of it, the portion of the report to
which objection is made shall be returned to the Nominating Committee during the session for
further consideration and report.
Section 5.7 Articles and Bylaws Committee: The Board of Trustees shall appoint an Articles and
Bylaws Committee. This committee shall meet at least ninety (90) days prior to the regular
meetings of the Constituent Membership and shall consist of six (6) members appointed as follows:
LSU000043

a. The chair of the Board of Trustees or designee.
b. Two (2) trustees, one of whom shall be designated by the chair of the Board of Trustees as
committee chair.
c. The president or designee.
d. A faculty member appointed from three (3) nominees submitted by the Faculty Senate.
e. A staff member appointed from three (3) nominees submitted by the staff.
The University's legal counsel shall serve as non-voting advisor to the committee. The members of
the Articles and Bylaws Committee shall serve for two (2) regular meetings of the Constituent
Membership after which the Board shall appoint and reappoint the membership of the committee.
The Articles and Bylaws Committee shall review the Articles oflncorpomtion and the Bylaws and
suggest possible amendments to the Constituent Membership in session for consideration and
adoption pursuant to Article Ten of these Bylaws.
Section 5.8 Special Meetings: A special meeting of the Constituent Membership may be called by
vote of the Board of Trustees or upon the written request of not fewer than twenty percent (20%) of
the constituent members as defined in Section 5.3 of this Article, such written request having been
delivered to the chair, vice chair, or secretary of the Board of Trustees. The secretary of the Board
of Trustees shall give notice of such a special meeting in the same manner as for a regular meeting.
Such notice shall specify the items of business to be considered. Only items of business so specified
in the notice shall be considered at that special meeting.
Section 5.9 Quorum: Except to adjourn, a majority of the authorized number of members shall
constitute a quorum of the Constituent Membership for the tmnsaction of business. A meeting at
which a quorum is initially present may continue to tmnsact business notwithstanding the loss of
quorum, if any action taken is approved by at least a majority of the required quorum for such
meeting, or such greater number as is required by these Bylaws.
Section 5.10 Voting: Voting shall be by roll call or hand vote at the discretion of the chair, unless a
secret ballot is requested by any member. Ballots shall be counted by a committee of three tellers
appointed by chair.
Section 5: II One Member. One Vote: Each constituent member shall have one vote, and only one,
on any question. No member may vote or act by proxy, except as provided for in Section 14.2.
Section 6.1 Board of Trustees: Subject to the provisions of the California Corpomtions Code and
any limitations in the Articles of lncorpomtion or these Bylaws, and in accordance with the religious
principles of the Seventh-day Adventist Church, the tempoml activities, business, and affairs of the
University shall be managed and all corporate powers shall be exercised by, or under the direction
of, the Board of Trustees. Trustees shall be persons capable of contributing to the enhancement of
LSU000044
the University through church or community leadership, educational expertise, fmancial support, or
personal effort.
Section 6.2 Trustee Membership: The Board of Trustees shall have a membership of twenty-three
(23) persons, all of whom shall be Christians and at least twenty-two (22) of whom shall be
members of the Seventh-day Adventist Church. The trustees shall be elected by the Constituent
Membership of the University as defined in Article Five and shall, unless removed from office for
cause, hold office until their successors are duly elected. The term of office for each trustee
commences on the first day of the first fiscal year after the election of the trustee. The trustees' term
of office shall continue through the last day of the fiscal year in which their successors are duly
elected. The following persons shall be trustees:
a. The president, secretary, treasurer, and vice president of the Pacific Union Conference of
Seventh-day Adventists.
b. The presidents of the Arizona, Southeastern California, and Southern California conferences
of Seventh-day Adventists.
c. The director of education of the Pacific Union Conference of Seventh-day Adventists.
d. The president of the University.
e. Fourteen (14) other persons elected by the Constituent Membership to no more than two
consecutive six-year terms, unless the Constituent Membership approves an exception upon
special request by the Board of Trustees. The terms of these trustees shall be staggered, so
that the terms of no more than five trustees expire at any one time. At least nine (9) of these
trustees shall not be employed by any entity of the Seventh-day Adventist Church.
Section 6.3 Trustees Emeritus and Emerita: The Board of Trustees may elect as Trustee Emeritus
or Emerita any person who has had extraordinary and distinctive service to the University that
merits exceptional recognition and who has served at least two (2) full terms or its equivalent,
twelve (I 2) years. The Development and Membership Committee shall review nominations
from whatever source and recommend individuals to the board for consideration. Trustees
Emeritus and Emerita shall receive all notices and minutes sent to other trustees and invitations to
attend meetings of the Board ofTrustees with voice but without vote. They may also serve as
invitees to committees of the Board of Trustees.
Section 6.4 Chair of the Board of Trustees: The president of the Pacific Union Conference of
Seventh-day Adventists shall serve as chair of the Board of Trustees. It shall be the function of the
chair:
a. To preside at meetings of the Constituent Membership of the University and of the Board of
Trustees.
b. To ensure that all actions of the Constituent Membership and all actions of the Board of
Trustees are carried into effect through the University president.
LSU000045
c. To invite additional persons as consultants to attend meetings of the Board of Trustees or its
committees.
d. To consult with the University administration between meetings of the Board of Trustees.
e. To be available to represent the Board of Trustees at University functions.
f. To lead, with the president, the Board of Trustees in raising funds for the University.
g. To perform such other duties as the Board of Trustees shall delegate.
Section 6.5 Secretary of the Board ofTrustees: The president of the University shall serve as
secretary of the Board of Trustees. It shall be the function of the secretary to keep a full and
complete record of the proceedings of the meetings of the Constituent Membership and of the Board
of Trustees. The secretary shall also assist the chair in arranging meeting schedules and in
developing agendas and shall perform such other functions as may be assigned by the chair or by
the vote of the trustees.
Section 6.6 Vice Chair of the Board of Trustees: The vice chair of the Board of Trustees shall be
elected for a two-year term from among the trustees at the first meeting of the Board of Trustees
following the regular meeting of the Constituent Membership. It shall be the function of the vice
chair, in the absence of the chair or in the case of the chair's inability to act or at the request of the
chair, to exercise all functions of the chair.
Section 6.7 Vacancies: The Board of Trustees shall fill any vacancy occurring in its membership or
the position of vice chair for the unexpired term. A trustee may be removed from office for causes
including but not limited to fraudulent acts, hostility toward the University or its constituency, or
any activity which is inimical to the welfare of the University. Failure to attend two-thirds (2/3) of
the trustees' meetings in a given calendar year, the exact number to be rounded downward to the
nearest whole number, will result in automatic removal unless a majority of the total membership of
the Board of Trustees votes to retain.
Section 6.8 Open Meetings: Meetings of the Board of Trustees shall be open to attendance by
University employees, and students, except when the meeting or portion of a meeting is declared an
executive session by vote of the trustees. Additional persons may be invited to attend meetings of
the trustees by the chair or by vote of the Board of Trustees.
Section 6.9 Trustee Duties and Authoritv: The trustees shall guide the University wisely in
fulfilling its mission in higher education in the context of the educational, occupational, moral,
spiritual, and social needs and challenges of the Seventh-day Adventist Church. The trustees
shall be responsible for the well-being, promotion, and support of the mission of the University
and shall develop the necessary financial support adequate for the operation and development of
the University. The president of the University is accountable to the Board of Trustees for the
operation of the University and for recommendations in policy and planning. The Board of
LSU000046
Trustees reserves to itselffmal authority for certain approvals, authorizations, and control. The
functions of the trustees with regard to the University shall include, but not be limited to the
following:
a. To establish goals, philosophy, and objectives.
b. To order and control all affairs and business, and to be informed of the work of the various
schools, departments, committees and programs.
c. To formulate, revise, and maintain official policies.
d. To approve major policy handbooks.
e. To remove from membership on the Board of Trustees for cause and declare vacant the seat
of any trustee, provided however that such removal and declaration shall be approved by an
affirmative vote of not less than two-thirds (213) of the total membership of the Board of
Trustees.
f. To appoint, promote, discipline, reassign, or discontinue the president, the provost, vice
presidents, deans, administrative department directors, academic department chairs, and
faculty. Except for the president, the Board of Trustees may delegate the appointment,
promotion, demotion, or removal of these and other personnel.
g. To award tenure to faculty.
h. To evaluate the effectiveness of policies and personnel, especially the president, and to
make changes in harmony with the goals, philosophy, and objectives of the University.
1. To grant emeritus status to administrators and faculty.
J. To authorize the acquisition and disposition of real property within the limitations of Section
5.2.
k. To authorize the disbursement of funds by designated officers.
1. To authorize the officers (Article Seven) to execute annuity agreements, trust agreements,
life income agreements, and other documents confided to the University.
m. To review the Articles oflncorporation and these Bylaws, and to recommend changes.
n. To approve the establishment or dissolution of schools, departments, academic programs,
centers, and museums.
o. To be informed about and to participate in the accrediting process.
p. To adopt the annual budgets of the University and of any subsidiary entities.
q. To approve salary scales and compensation packages.
r. To receive the annual report of the auditor, and to approve the annual audited financial
statement.
s. To cultivate, facilitate, and personally support the fund raising efforts of the University.
t. To approve and provide finance, including voluntary support from various publics, for
the long-range development of the University.
May 13,2010
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u. To appoint any standing or ad hoc committees of the Board of Trustees that the trustees may
deem necessary for the efficient functioning and development of the University (such as
executive, membership, academic affairs, personnel, student life, finance, development, and
campus planning), and to define the responsibilities of such committees
v. To authorize the borrowing of funds or to authorize one of its committees to borrow
within guidelines established by the Board of Trustees.
w. To exercise all of the powers conferred by the California Corporations Code as it relates to
non-profit religious corporations or other applicable laws consistent with the policies of the
Pacific Union Conference of Seventh-day Adventists.
Section 6.10 Place of Meeting: The Board of Trustees shall meet on the University campus in
Riverside, California, or elsewhere by designation of the chair or by vote of the trustees. Either the
chair or the vice chair of the Board of Trustees shall be present at all meetings. Trustees may
participate in meetings either in person or by conference telephone or similar communication
equipment, provided that all members participating can hear each other.
Section 6.11 Notice of Meeting: Notice ofa meeting of the Board of Trustees, together with
supporting materials, shall be given to the trustees in writing not less than ten (I 0) days prior to the
date of the meeting, unless notice is issued as provided in this Article. Notices to trustees shall be
effective when mailed to iheir last known address.
Section 6.12 Waiver ofNotice: The transactions of any meeting of the Board of Trustees, however
called and noticed or wherever held, shall be as valid as though transacted at a meeting duly held
after regular call and notice, if a quorum is present and if, either before or after the meeting, each of
the trustees not present signs a written waiver of notice, a consent to holding such meeting, or an
approval of the minutes thereof. All such waivers, consents, or approvals shall be filed with the
corporate records or made a part of the minutes of the meeting. Notice of a meeting shall be
deemed given to any trustee who attends a meeting without protesting, either before or at its
commencement, the lack of notice to such trustee.
Section 6.13 Number of Meetings: Regular meetings of the Board of Trustees shall occur at least
three (3) times each year.
Section 6.14 Special Meetings: Special meetings of the Board of Trustees may be called by the
chair or the vice chair or may be called upon written request of not fewer than twenty percent (20%)
of the trustees, delivered to the chair, the vice chair, or the secretary. The secretary shall notify the
trustees of such special meetings in the manner described in Section 6.1 0, except that a meeting may
be called on shorter notice if all of the trustees are notified of the meeting and if a majority of the
trustees approve of the time set. Such notice shall specify the items of business to be considered.
Only items of business so specified in the notice shall be considered at that special meeting.
May 13,2010
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Section 6.15 Polling the Board of Trustees: When it is determined by the officers of the Board of
Trustees that a vote of the trustees must be taken sooner than it is possible for the trustees to
assemble for either a regular or a special meeting, the trustees may be polled by web-based media,
letter or telephone. Any action expressed by one of these methods must be ratified at the next
meeting.
Section 6.16 Quorum: Except to adjourn, a majority of the authorized number of trustees shall
constitute a quorum of the Board of Trustees for the transaction of business. A meeting at which a
quorum is initially present may continue to transact business notwithstanding the loss of quorum, if
any action taken is approved by at least a majority of the required quorum for such meeting, or such
greater number as is required by this Section.
Section 6.17 One Trustee. One Vote: Each trustee shall have one vote and only one vote on any
question. No person may vote or act by proxy.
Section 6.18 Conflicts of Interest: A trustee shall be considered to have a conflict of interest if the
trustee has existing or potential financial or other interests which impair or might reasonably appear
to impair the exercise of independent, unbiased judgment in the discharge of responsibilities to the
University; or if the trustee is aware that a family member (a spouse, parent, sibling, child, or any
relative residing in the same household as the trustee) or any organization in which the trustee (or a
family member) is an officer, director, employee, member, partner, trustee or controlling
stockholder has such existing or potential fmancial or other interests.
All trustees shall disclose to the Board of Trustees any possible conflict of interest at the earliest
practicable time. No trustee shall vote on any matter, under consideration at a meeting, of the Board
of Trustees or of any of its committees, in which the trustee has a conflict of interest. The minutes
of such a meeting shall reflect that a disclosure was made and that the trustee having a conflict of
interest abstained from voting. Any trustee who is uncertain whether a conflict of interest may exist
in any matter may request the Board of Trustees or committee to resolve the question by a majority
vote.
Section 7.1 Officers: The officers of the University shall consist of a president, a secretarY, a chief
financial officer, and vice presidents appointed by the Board of Trustees. They shall be members of
the Seventh-day Adventist Church. The officers shall serve at the pleasure of the Board of Trustees
and may be removed at any time, with or without cause or notice, by the Board of Trustees.
Section 7.2 President: The president shall be the chief administrative officer of the University and
shall be responsible for the general direction of all of its operating units. The president or the
president's designee shall represent the University before the public, shall preside at all public
academic occasions, and shall represent the University on the Board of Trustees. The president
shall also:
May 13.2010 Bylaws: 9 of l3
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a. Direct the implementation of the policies and the fulfillment of the directives of the Board of
Trustees.
b. Render an annual comprehensive report that includes the annual audited financial statement.
c. Administer the personnel of the University.
d. Present the annual budget of the University to the Board of Trustees.
e. Lead the University in raising funds.
f. Serve as secretary for the Board of Trustees. This function shall include but not be limited
to:
I. Determining agenda items in consultation with the chair and vice chair of the Board of
Trustees, including agenda items submitted by trustees that are received more than
twenty (20) days before the scheduled date of the meeting. The agenda shall be mailed
to trustees at least ten (I 0) days before a meeting. The agenda shall make provision for
consideration of new business introduced by the trustees in accordance with Roberts'
Rules of Order.
2. Assisting the chair in the development of schedules for all meetings of the Board of
Trustees.
3. Keeping a full and complete record of the proceedings of the meetings of the
Constituent Membership and of the meetings of the Board ofTrustees.
Section 7.3 Powers of the President: The president shall exercise such specific powers as are
assigned by the Board of Trustees. In the exercise of these functions, the president shall be assisted
by the provost and one or more vice presidents in the respective areas of responsibility, each of
which is an extension of the president's office. All officers shall function under the direction and
authority of the president and the policies established by the Board of Trustees. They shall perform
such duties as pertain to their respective areas of responsibility and such other duties as the president
may delegate or the Board of Trustees may authorize.
Section 7.4 Inability of the President to Serve: In the event that the president shall be or become
unwilling or unable to serve as chief administrative officer, then during such interim, the duties of
the president shall be performed by the provost, or, in the absence of the provost, by the vice
president for financial administration, until a new president or an interim chief administrative officer
is appointed by the Board of Trustees.
Section 7.5 Secretazy: The provost shall serve as secretary of the University and shall maintain and
validate the official documents of the University. This function shall include but not be limited to:
a. Keeping the corporate seal of the University and affixing the same to suchpapers and
instruments as may be required in the regular course of business.
b. Signing deeds, conveyances, mortgages, contracts, promissory notes, annuity agreements,
trust agreements, life income agreements, and other instruments of similar character and
import.
May 13, 2010 Bylaws: I 0 of 13
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...
Section 7.6 Assistant Secretaries: The assistant secretaries, according to the sequence established
by the Board of Trustees, shall perform the duties and exercise the powers of the secretary in case of
the secretary's absence or inability to act, and shall perform such other duties as the president may
delegate or the Board of Trustees may authorize.
Section 7.7 Chief Financial Officer: The vice president for financial administration shall serve as
the chief financial officer and shall perform all duties generally pertaining to the office and such
other duties as the president may delegate or the Board of Trustees may authorize.
Section 8.1 Audit: The University shall cause an annual audit of its financial records to be
conducted, and such other audits as the Board of Trustees in its discretion deems necessary or
appropriate.
Section 8.2 Emplovment of Auditors: The Board of Trustees may employ qualified auditors and/or
auditing services as it shall deem necessary or appropriate.
Section 8.3 Audit Reoorts: Auditors employed by the Board of Trustees shall present their final
report to the Board of Trustees and shall consult with the president and vice president for financial
administration.
ARTICLE NINE: Records
The following records shall be kept at all times:
a. Minutes in which shall be recorded the names of the trustees present at each meeting of the
Board of Trustees and the names of members present at each meeting of the constituency;
the time and place of holding same, whether regular or special, and if special, the object and
nature thereof and notice given. The record shall show each action taken.
b. Books of account in which shall be recorded money received and expended by authorized
persons on behalf of the institution and any internal fmancial adjustments made to the
foregoing fmancial records, and all property, goods, wares, commodities, and merchandise
bought or acquired in any manner in the control, management, and exercise of this
institution, shall be accurately recorded and maintained according to generally aceepted
accounting principles and procedures. Such books in all operating units shall be open to the
inspection of any trustee during regular office hours by arrangement in advance with the
vice president for financial administration and to any person duly authorized by the Board of
Trustees.
c. A membership file in which shall be listed the names of the constituent members and their
last known addresses. Said records shall be kept in the custody of the secretary of the Board
of Trustees at the principal office of the University.
May 13,2010 Bylaws: ll of 13
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~
ARTICLE TEN: Amendments
These Bylaws may be amended by an affirmative vote of at least two-thirds (2/3) of the constituent
members present and voting at a regular or special meeting of the Constituent Membership when
the proposed amendment does not conflict with federal or state laws or with the Articles of
Incorporation. When it is proposed to change the Bylaws by a meeting of the Constituent
Membership, notice shall be given to that effect in the call for the meeting.
ARTICLE ELEVEN: Inspection
These Bylaws, all amendments thereto, and the minutes described in Article Nine, paragraph a.,
shall be kept by the secretary of the Board of Trustees at the principal office of the University and
may be inspected at any time during regular office hours by trustees, officers, faculty, and
constituent members with regard to any meetings of the Constituent Membership for which the
requesting constituent member was duly appointed to serve. Minutes of executive sessions for the
Board of Trustees shall be available for inspection only by trustees, auditors, and legal counsel.
ARTICLE TWELVE: Contracts and Agreements
No contracts or agreements executed by any officer of this University without authorization
specifically granted to said officer by the Board of Trustees shall be valid without previous
authorization of or subsequent ratification by the Board of Trustees. Election or appointment to any
office shall not constitute a contract of employment.
ARTICLE THIRTEEN: Rules of Order
All meetings conducted under these Bylaws shall be conducted according to Roberts' Rules of
Order, except as provided for in these Bylaws. The chair shall appoint a parliamentarian to assist in
conducting the business of Constituent Membership meetings.
Section 14.1 Right oflndernnity: To the fullest extent permitted by law, the University shall
indemnity its trustees, officers, employees, and other persons described in Section 9246(a) of the
California Corporations Code, including persons formerly occupying any such positions, against all
expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by
them in connection with any "proceeding," as that term is used in that Section and including an
action by or in the right of the University, by reason of the fact that such person is or was a person
described by that Section. "Expenses" as used above shall have the same meaning as in Section
9246(a) of the California Corporations Code.
Section 14.2 Approval of Indemnitv: On written request to the Board of Trustees by any person
seeking indemnification under Section 9246(b) or Section 9246(c) of the California Corporations
Code, the trustees shall promptly determine in accordance with Section 9246(a) of the California
May 13,2010
Bylaws: 12ofl3
LSU000052
Corporations Code whether the applicable standard of conduct set forth in Section 9246(b) or
Section 9246( c) has been met and, if it has, the trustees shall authorize indemnification. If the
Board of Trustees cannot authorize indemnification because the number of trustees who are parties
to the proceeding with respect to which indemnification is sought prevents the formation of a
quorum of trustees who are not parties to that proceeding, the trustees shall promptly call a meeting
of the Constituent Membership. At that meeting, the constituent members shall determine under
Section 9246( e) of the California Corporations Code whether the applicable standard of conduct set
forth in Section 9246(b) or Section 9246( c) has been met and, if it has, the constituent members
present at the meeting in person or by proxy shall authorize indemnification.
Section 14.3 Advancement of Expenses: To the fullest extent permitted by law and except as is
otherwise determined by the Board of Trustees in a specific instance, expenses incurred by a person
seeking indemnification under Sections 14.1 and 14.2 of these Bylaws in defending any proceeding
covered by those sections shall be advanced by the University before final disposition of the
proceeding, on receipt by the University of an undertaking by or on behalf of that person that the
advance will be repaid unless it is ultimately determined that the person is entitled to be indemnified
by the University for those expenses.
Section 14.4 Insurance: The University shall have the power to purchase and maintain insurance
on behalf of its officers, employees, and other agents against any liability asserted against or
incurred by any officer, director, employee, or agent in such capacity or arising out of the officer's,
trustee's, employee's, or agent's status as such.
Dated this 13th day of May, 20 10
May 13,2010
Ricardo B. Graham, Chair, Board of Trustees
Warren C. Trenchard, Secretary
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EXHIBIT "C"
Transcript of Audio Recording
"VoiceOOD6 NAD Jackson & Blackmer at LSU_21apr2011_53-54min.arnr
START [1:21:19.0]
V1: 1 told Garrity about it and he met with biology and they said biology is the
[Unintelligible 1 :21.29] so biology you know and that guy from the Baptist
thing. you know. wanted to know why that wasn't part of the religious
training -the Adventist bible curriculum. The religion people were--that
wasn't part of their role, alright. So at the end, you know Pawluk was
"Why didn't I think about this?" You know learning objective yada yada
yada. So we talked about this. But he and Randal have been protect1ng
reliqion. Now somebody like said that No doubt about it They have a
go.;d system. And so he said, you know he said Randal or Wis or Pawluk
said, and Webster was standing right there, and he said 'Well what if--we
don't have to teach this in biology. We can have religion teach this." And
I tell you Webster's face just went white. I mean -
(Laughs loudly)
V2: Probably because biology is not teaching it. It's not science.
V1: Right Science and that's what he said. They're telling us that biology
doesn't teach this so let's do not And you know how Webster gets
flustered and says "You're just passing the buck!"
(Laughter)
V
?
..,,
V4:
V1:
V4:
V3:
Part of the most. I wasn't there the whole time, Lenny, but towards the
end I thought the most condescending comment that Blackmer said that
you know well what we need to get some of the other Adventist college
biology teachers, who know how to do th1s to share it with your biology
teachers so they can do it better.
Well and they both - both Jackson and Blackmer made the comment very
clearly that they don't expect eqlJal amount of religion in science in a
science class, but tney do expect that the faith be taught in the science
class. So-
Oh, they keep asking for that.
Yeah. Now wha; happE:ned is they got tigt1ter and trghter until they actually
started getting more honest at the night went on. They didn't watch the1r
words as well. It's actually quite interesting to see.
That first hour and a half was a waste.
LSU000001
V4: Yeah. The whole front end was just blow smoke up your skirt and then
once they had broken and got back together, they actually started
answering questions. Well but still nothing that gives me - and the other
thing Jackson just basically said, "I'm a eunuch."
V1: Yep.
V4: And he said it over and over again. And Blackmer wouldn't admit to be a
eunuch, because he's a bully.
V3: Yep.
V4: But he's just a eunuch bully.
V3: Blackmer never came out- never- Ginger's questron- no Kendra's-
V4: Kendra, yeah.
V3: She says, "No, you can answer this. It's sort of long, but it could be just a
yes or no answer." How did she word it? "Are you -do you disagree?"
V4: "Do you disagree with."
V3: "Do you disagree with the word deviation in that document?' And Jackson
said, "Absolutely'' Blackmer danced around that.
V4: He danced around it
V3: So clearly he agreed with it and he shared the blame.
V4: But he said that it was his fault that it was in there. That he took blame for
it being in there.
V3: Well, I think when he talks through the other side his mouth he gets credit
that way.
V4: Yeah. I saw a line that said, you know, "There's two things that 1 dislike
about you-your face."
!Laughter)
V4: It drove Randal crazy that I was sitting up top.
V3: Good
LSU000002
V4: Once the session got smaller he kept looking at me iike- (laughter)
V3: He was wanting you to come down?
V4: Yeah. (Laughing)
V1: Is that where you were, upstairs?
V4: Yeah. After yesterday telling me that he didn't want the Board
there.
V2: Oh really:
V4: Yeah.
V3: Oh today?
V4: No yesterday he said ...
V2: He obJected to you being there yesterday?
V4: Yeah, yesterday Blackmer said that the board should be invited so that the
local members could attend. And Randall did not want to do that And so
he told me this in front of Ricardo and he wanted my support for Ricardo.
So I looked at him and said, "I was planning to attend. Are you telling me
you don't want me to?" And he goes. 'Well, you won't cause any problems
or something like that." But he didn't want the faculty to be intimidated by
board members there. So I just decided to go and hide up in the balcony
where I wouldn't intimidate anyone, because I'm very intimidating, I guess.
V3: Hum.
V4: Well, this is the spot the green spot
V2: As long as it's Welch's then-
(Laughter)
V4: Was the story that she was telling, was that the guy that was the tattling
pastor ended up the -
V2: No.
V4: the editor of the Review?
V2: The edito; of the Review, yeah.
LSU000003
V3: Bill Knotts? Is it Knotts?
V2: I don't know.
V1: But Pawluk I asked Pawluk that, "Were you there when that was going
on? And he said, "Yes. Everything she said was right on. That is exactly
right."
V4: Hum. 1 didn't see her but her voice sounded very weak. Is there
something going on with her?
V3: Ginger?
V4: Ginger.
V2: There is always something is going on with her.
V4: I mean is she physically sound or--?
V3: She's always got. ..
V2: She never has been.
V4: Oh she hasn't? Oh, I don't know.
V3: No.
V2: She is very imaginative
V1: She's not I don't' think she is uh - I think she has lupus.
V4: Okay.
V1: Uh, now you don't know how much of it is her lupus flaring up and how
much of it is she using it as an excuse to uh. The guys in Religion say,
you know, she never uses it as an excuse with them, so it's not a Florence
Mon (sp) Robertson syndrome.
(L<!ughter)
V3: She's a lot better at hiding whatever it is.
V2: I'll drink to that!
V3: Oh. Okay.
LSU000004
V2: I got away with it
V3: 1 know. 1 just--it's baffled my mind the work ethic between the husband,
John. That guy will work 16-18 hours a day to get something done they
way it should be done. And day after day, day after day, and somehow
they got hooked up.
V2: Oh she is loyal, you know.
V3: Yeah. And you shifted her right.
V1: So have you learned anything listening to all that crap?
V4: Well you know you have got-you have to study your enemy. Yeah, I
learned Blackmer will speak out of every side of his mouth that he can and
then Jackson's a sheep. He's a eunuch, there's nothing he's going to do
except spread peace and love. He was given plenty of opportunity. He
says, "Well we have no control over the Review." But he was given plenty
of opportunity to say, "Well, are you going to speak out against what they
did?" and the answer is "No." Because just because one Adventist
institution criticizes another doesn't mean that we should criticize the one
that criticized the criticizer.
V2: Yeah. Bullshitl
V4: And if on!y when Kendra talked-not Ken uh no uh the other one
V3: Ginger?
V4: Ginger talked. And he had to answer her, it was the only time that 1
almost stood up and said something And I wanted to say, "This sounds
like the Catholics with their Priests.
(Laughter)
V4: Because you know, he's talking about how we don't confront and all this,
yeah, but you move people around who are ".nown abusers. They may
not be abusing in the way the Priests do, but they are ruining just as many
lives, just as thoroughly.
V3: I wish I would have recorded the f1rst half ...
V4: I have the whole thing recorded, but I don't know how well.
' '
LSUOOOOOS
V3: 1 uh we need to may some hay, if someone has the recording. of his
comments about David Asherick.
V2: Oh, that came later.
V3: Yes.
V4: Well he said he said hE! needed a spanking.
V3: He should be hauled in and spanked Spanked was what he meant. but-
V2: Oh.
V4: Yeah He said spanked. He also said the same thing about the Michigan
Conference.
V3: But he says, "But that's a problem you're going to have to work out with
the Michigan Conference."
V4: No. He said that when he saw what Asherick did, as President of the
Canadian Union, he said that that guy should be hauled in and spanked.
When he saw what the Michigan Conference did, while he was President
of the Canadian Union, he said "They should be hauled in and spanked."
V3: But now that he is President of the North American Division and - _
V4: And he's had his balls put into what's his name's pocket -
V2: Yeah. There's no way he's going to spank anybody.
V4: Wei!. he doesn't have the authority to spank.
V3: Yeah, he's got no authority He says that right up front.
V4: He says we are the weakest unit in the whole Church. Well that's good!
What are you doing here? And by the way the General Conference
President's in town. How come he d1dn't come over?
V2: Oh is he?
V4: Yeah, he's in town for the whole week.
V2: Oh that's righ: Larry Garrity said he showed up at his Dad's [Inaudible
1:31:32]
V4: Yeah. Yeah.
6
LSU000006
V3: Ard he adamantly says, Blackmer d1d, that Ted Wilson had nothing to do
with - no influence over the AM's decision
V4: No, he said over the inclusion of the word deviation. And he didn't say Ted
Wilson had nothin' to do witt1 it. He said that Ted Wilson was nol
responsible for the fmal edit where it appeared. So let's get the language
right. It doesn't mean that Wilson didn't call the guy thai had the
responsibility for the final edit, or the final edit and put in there. He words
were very, very-! mean this guy minces words with nuance. You have to
listen -whenever he says anything. you have to exclude everything that
he's not saying and don't just generalize from it. That guy is dangerous!
And he's a bad man I
V2: Blackmer?
V4: Yeah'
V1: Yep. So, here's a piece of information that I find curious. So, Suzanne
Mallery, Psychology, she said to Pawluk was talking when we're talking
and she carne once and she said -she explained to him she was a trained
psychologist. a specialist. She said the rhetoric we're hearing right now is
the kind of rhetoric that you hear leads to violence. She said-and then
she gave some examples. (Coughing) And she said, "Please be careful
because the way the church is talking it's tactically approving these nut
cases to step to violence. Whether its' people killing abortionists because
of the way people talk about abortionists-".
V3: She said that?
V1: Right So. here's the interesting part Pawluk says "Yeah, you know
you're right. Because WASC says we've been reading sorne of your
churr:h publications. Can you guarantee our safety while you're on our
campus?
V3: WASC said that?
V1: Yeah. WASC said !hal. Do you have the security in place and the loca!
police force notified- that we can be assured we're safe when we're on
your campus?"
V4: No wayi
V1: That's what Pawluk told me.
7
LSU000007
V4: Wow'
V3: He'll be sorry.
V1: About his statement?
V4: I wish Pawluk had said that at the-- to those guys. Blackmer speaks very
well out of both sides of his mouth though, I do have to admit. This guy
was -the man I saw in the first 90 minutes there, was a completely
different person than the one I saw in the closed session board meeting
V2: Wow.
V4: If I hadn't seen the one in the closed session board meeting. I would have
thought "Oh, this guy's reasonable, he gets it. He understands the
issues."
V2: Yeah, because I was sitting there thinking, you know this guy sure sounds
more reasonable than the stories out there.
V4: Unbelievable. It was only at the very end that he let it out that he thought
that um that that in his view the faith had to be in every class. and that
specific-
V1: He's said that over and over again you know to others, you know.
V4: Huh?
V1: He's one of those who says, "Every class should be (inaudible 1 :35:3'1)."
V4: Well were you guys there when he said "We are not a University to teact1
excellent academics.
V3: We already have a Harvard.
V4: Yeah. We're not a University to teach Jesus. There's Baptists and ali
those things that can teach Jesus. We're a University to teach the
un1quely Seventh-day Adventist message "
V3: He said that in the back?
V4: Yeah He said "We have no reason to exist if we are not teaching a
uniquely Seventh-day Adventist message " He said "We, as a North
American Division. put 28 million dollars a year into our educational
,.
0
LSUOOOOOB
system and if we wanted our kids to have JUSt a Christian education o: just
a good education we'd send them somewhere else."
V3: I'll drink to that (1 :36:13)
(WJ1istling)
V1: But they don't want us to be a bible college?
V4: Well, that's how you speak out of both sides of your mouth. You say things
that- but his true colors are there. Are you going to the Calgary or Alberta
or where ever this thing is?
V2: Banff.
V4: Banff? Tell me guys.
V2: 1 am willing to go sit there for the good of La Sierra. I don't want to.
V4: (Laughing) Well, I want you to
V2: Okay.
V4: Because I want a first end report.
V1: We will have-we will have a decent contingent. I would like you to go too
to that. But at this point in your career given the shit you have put up with,
you don't have to. Uh, but you know who's copping out on all of this? It's
religion.
V2: Sure. Oh yeah I
V4: They're not going?
V1: I told Pawluk, I said "You know, lve got Biology going, I've got other
sciences going, and the only person from Religion I know is going is F:itz
Guy
V4: No way.
V1: And I said "Are you going to make them go?" Well, other people can talk
out both sides of their mouth too, because they're not willing to say "Yean,
I'm going to make them go."
V4: Well he may no: feel like he's able to.
9
LSU000009
V2: Yeah. 1 don't know when it happens I would like it to happen while I'm
having to teach third quarter General Bio. But I think it's in July, so I'll
probably go. It's a nice part of the world.
V4: it's a gorgeous place.
V1: Where is it?
V4: In Banff. Get your - bring your hiking boots- stay the weekend on either
side.
V2: Oh yeah. I'm am old fart Man. I don't do that much hiking anymore.
V4: Oh yeah, but I mean you don't have to hike tar.
V1: I'd like to go up there and look around.
V2: Oh sure.
V1: But you've got a whole bunch of Adventists floating around--how are you
going to go in and have a good steak and a good bottle wine? (1:38:17)
V4: No. that's why you have to stay the weekend before and after.
(Laughing)
V3: Oh week after. Oh, 1 missed itt
(All Laughing)
V2: Yeah, oh bummer.
(All Laughing)
V3: Oh brother.
V4: Yep Webster asked a very, very good qtestion. He unfortunately used
about 2,000 words to ask it when he could have asked in 200 words-
V3: But they were the best words ever spoken. I mean if you're gotng to listen
to someone talk--.
V2: Webster's a bright guy.
V3: Yeah.
10
LSU000010
V4: He basically said "You guys aren't even on the right issue."
V3: Yup.
V4: He says "It's not about who teaches what tn what class, it's not even about
what they believe after they leave. It's a more fundamental issue than that
and it's an issue that's in the Church and in the definition of our identity as
a Church. And until you guys solve that, you're never going to solve it on
the University campus." And it went from there. So his questton was
actually a ten minute lecture followed by "What do you think of what I
said?"
(Laughter)
V1: But the reality is -
V3: He's got that funky hairdo.
V1: -you know the evidence is in on most of this evolution stuff. You can part
it the way you want but its' evidence is in. You better figure how you're
going to take Genesis I and preserve the creating savior.
V4: That's got to be a 50 year arc for the church. You see the problem is- is
that these guys are not going to think generalationally- generationaliy,
because they think the Lord's coming in the next four years You know
that Wilson thinks that he's bringing on the Advent So, why should we be
thinking about how we're going to handle something 50 years out and
how we're going to make the transition to be a relevant church then, when
the world's not going to last for 50 years? I mean this is ...
V1: Yeah. My great-grandfather didn't think he was going to die before the
Lord came. My grandfather didn't think he was going to die before the
Lord carne. But my dad wouldn't say that but he was thinking every damn
thing that happened was through some God [Inaudible 1 :40:48] So.
V4: Yep.
V1: When Christ comes, He's commg on his own terms
V3: II he's calling Lord before he even -
V4: In fact, the fake one hasn't even come yet I said the take one hasn't even
come yet How can we be expecting the real one?
V2: Oh man. I've been [Inaudible 1 :41 :24] I've got to get before Wisbey.
II
LSU000011
V3: We are also told his coming (Inaudible 01:41:26) direction so
(Laughter)
V2: Oh okay.
(Laughter) (Opening bottles and pouring drinks.)
V3: I like that one a lot.
V4: 1 would not- he doesn't mind the liquor. He's JUSt anti-a forte and anti-
sinful-ism and all of that l really hadn't paid much attention to the Review
and what they had done. And I did not realize how much anger and hurt
and animosity that Review article had created on campus. That's-
V3: Because they basically told the Educate Truth line.
V1; Yep.
V2: Yep
V3: And uh - anyway.
V4: You even had the mic at one point. Were you going to say something?
V2: Oh my goodness I
V3: Well, John Webster finished and gave it to me. I don't know why.
V4: Oh, I see. (Laughter)
V3: You know if I - I sort of didn't know what happened before because I was
gone for a while, but my request would have been you know Larry what
you said you don't agree with the word deviation. Are you willing to send
an email at least to all the members- all the employees of the North
American Division saying that was unfortunate wording what you put in
there by mistake? You know
V4: Right
V3: But uh .
V4: By the way, what we would find out is I mean is that the -there was a
group of four, who he wouldn't self identify other than that he was in it,
who believed that the five year recommendation was not going to be
accepted. and they wanted to have an alternative plan to put on the table
1:2
LSU000012
rigil: away rather than left the meeting go where it was going to go. And
so they worked on a two page motion, which ended up being the thing that
was accepted After that after reiteration after reiteration in the very last
draft the word deviation was put in- and that he and others didn't notice it.
And so it was handed out at the meeting and voted on And that he did
notice during the meeting and kind of had a quizzical "I wonder how that
got in there?" but dec1ded not to say anything about it Just let the motion
go through. -As the words coming out of his mouth, I had to think-
(exhale and pause)
V1: They have four people working on a document and one of them doesn't
notice something like that?
V3: Well, that's what Kendra was honing in on that in the conversation. That
was her line of questioning. And uh wow! That's the kind of stuff you
need to get to Bonnie Dwyer.
V2: And see if I could communicate one thing to these idiots at the- church
hierarchy, it would be that I've watched for decades the traditional
position. Tell kids that science has nothing to it and they go find out what
the science is and they're blown away. We present the science, in a
context that is far more faith affirming, and they're not going to get blown
away, okay? This works better for common kids in just stayin' Adventist
V3: Right
V2: And these guys don't get thai
V3: No they don't That's a great way to put it there. Gary.
V4: Yeah.
V3: Even towards the end- your colleague -Trueblood?
V2: Trueblood yeah
V3: He was there. And basically his words, "This is scary business now for us
to teach science to these students because you know we don't know if the
student is coming to ask us - is corning to ask us because they really want
to know or because they're just trying to get me in trouble. Um and that's
an awful position to be put in.
V1: Was Blackmer here?
V3: Yep
1 :;
LSU000013
V1: 1 wish I wish Wisbey had had the guts Wisbey drdn't want Blackmer
there. His protest to do that was that his communication with Jackson was
all fine, but not to mention Blackmer or anything but simply to copy him on
all communications with Jackson. He said if that accomplished something.
V3: Well, Wisbey Wisbey didn't want Blackmer here today?
V1: Yeah. And so I said, "Well, why didn't you say to Jackson you don't want
Blackmer on this campus again? But he couldn't pull his balls out of his
belt uh pocket to do that either. So, Wisbey was uh if he didn't get more
[Unintelligible 1 :47:12] than he throws [Unintelligible 1:47 14] but
V2: Listen. The word on the street is that come Monday or Tuesday, he's
going to make a statement that takes a ballsy stand.
V3: Wisbey?
V2: Wisbeyr
V3: Oh he said things that were uh I mean that were -you know he talked
about sending e-mails or letters to Dan Jackson's predecessor asking for
help None of them were answered. And they get booed.
V2: No but Larry Garrity tells me -
V3: Oh Garrity.
V2: -that come the beginning of next week. Wisbey's going to take a stand on
this that is basically saying - standing firm for what we're doing
V4: Stand in prayer?
V2: Firm
V4: Oh for the way we're doina it?
V2: Yes. And uh and he has asked Garrity and Fritz Guy to help him
formulate his statement.
V4: Really?
V1: He also asked me if I would help him too and 1 said, "Sure but 1 never
heard boo out of him.
V2: Okay Well, L.arry thinks it's going to be significant
14
LSU000014
V1: Well, if he asked those guys to cio it- but the way Pawluk phrased it to me
- he was going to make a statement that said, "We're not going to mess
with tt1is anymore. We're not going to reply to e-mails. We're going to get
about to go about business of becoming a better university and we're not
-we're not- we're not engaging in this until the Board comes in." Which
is fine except the reality is if somebody is shittin' on your head you at leasi
have to wipe it off.
V2: (Laughs loudly) Yeah, wipe 1! off!
V1: So-
V4: Let me ask you a question. Both Jackson and Blackmer made the
question - made the statement tonight - that that open letter is the best
thing that La Sierra could've done. That what would've happened if we
hadn't done that would've been much worse. Now to me, much worse
means being put on probation and um Blackmer said that in so many
words.
V1: My understanding the opening motion to that meeting - the AAA meetmg
was to deny accreditation to La Sierra.
V2: But i'm not sure that would hurt us that much.
V4: Blackmer said the opening motion was the team's recommendation for
five year- so I don't know.
V2: That's the way it should've been because the team report should have
been accompanied by a motion.
V4: Right. So I think- but whatever the case is- I don't know- I mean Jim
knows I'm writing a letter to the Board that's very harsh right now. And it's
on this issue of this open letter and how it got written and what was in it.
And um my purpose in doing so is to put this - to stop the board from
doing that stuff anymore. And even though it's mildly critical of Randal, it's
to put him in a position where he can't allow that stuff to happen anymore
Does that make sense?
V2: Sure.
V4: So it's basically saying, "Randa!. you shouldn't have let this happen.'
Well, the next lime, if he let's t!1at happen again it's even worse, right? So
it gives him actually some cover.
V1: Randal will never understand that
15
LSU000015
V4: You don't think so?
V3: No. He's so sensitive.
V4: So, 1 think that based on what was said tonight. I need to add something
that says there are those that think that it would have been worse. I frankly
don't think that a probation or withdrawal of accreditation would have been
any worse than a statement that we said that we've deviated from the
church teachings, as far as recruiting. And frankly recruiting is all we care
about
V3: Yeah. Bobby Brown made a good statement at the end too about you
know -They need to make a statement about that word was not
appropriate in there. And if that's what they believe- it's basically saying
if they have any balls, and had any ethics, they would make a statement,
all right? I'm hoping Jackson will say something and let Blackmer fight
that out with them, but I almost think we could probably coop Jackson, but
maybe not.
V2: He's got no power.
V3: No. but he can make a statement. So it isn't-
V1: Here's something we should be thinking about This is- I mean
unfortunately this is a long term crisis that really doesn't- but if the
Presidents of the colleges in North America can figure out a way of shifting
the power of their position to Jackson in the North American Division, and
out of the GC. To have the accreditation have to go through the North
American Division before it goes to the GC. That would be a tremendous
step
V3: He kind of alluded to that.
V4: I think Blackmer and Jackson would both like to get the AAA out of the
North American Division And they would like to create their own
accrediting body.
V1: You mean out of the GC.
V2: Out of the GC.
V4: l:m sorry, no but get AAA out of the North- Okay, we're say1ng tile same
tn1ng. They want a North American accrediting body that is not related to
the GC.
V2: Not the GC.
16
LSU000016
V4: Right And but they- part and parcel with that is they want a North
Amencan educational system that 1s not Conference and Un1on owned
and run, but centrally owned and centrally managed.
V3: Right.
V2: 1hat worries me.
V4: So it's a double edged sword.
V2: Yeah.
V4: I'd be happy to give them the accrediting, and this is this is the only issue
that in any length that Jerry Mcintosh and I have disagreed on, at length
over 10 years. He wants the system and he wants specialties built up so
that we don't duplicate efforts and all of that.
V1: That's bullshit
V4: No. 1 understand his point but I'm on the Board of La Sierra. I'm not on a
- H somebody put me on a North American Division National Education
think tank, I don't know what I would think, but-
V2: No, we need a Brigham Young but we don't have it But we can't get
there.
V4: Yeah.
V1: Well, if this is the this -
V4: Ellen White University?
V1: This system thing that Jerry talks about, and others have talked about in
the past, it doesn't make sense I mean you know, yeah Walla Walla can
have an engineering program and if its nght for the community they serve
they should have it. But that shouldn't preclude us from having one if it's
right for our community. We need a system like UC or the CAL State has
a system. Every one of those suckers survives on its' own. And it's only
when you get tvvo of them in a room; friend or peer persons -they're
cutting each others throats, right?
V4: Right
V3: Right.
17
LSU000017
V1:
V4:
V1:
V4:
V1:
V4:
V1:
V4:
V1:
V4:
V1:
But as soon as the kid says, "Well, maybe I'll go to Michigan State or
something," then they're selling UC.
They're selling UC, right
Alright? So ...
Well isn't that kind of what we do with PUC?
'
Well, but they're up front about it and we're not. I mean we're sitting_ in our
own board meetings saying, "What would that do to PUC?" I don't grve a
shit what rt does to PUC You know?
Is that happening anymore?
Oh yeah. 1 mean Wisbey fought those three culprits
Really?
Yeah.
I mean about PUC's survival?
Yeah! And you know we can't do that I mean same way with -its not just
PUC, it's Walla Walla, Andrews, you know? You know I'd say, include in
your marketing- we have this many PhD's and PUC has- Oh none.
(laughs) You know? Our faculty published this- PUC's - go to lunch.
mean-
V2: But see, his friends are other Presidents.
V1: I know but-
V4: No. Even then you've got more than that- his. Look, Randal's DNA is a
Pastor frrst a church administrator second. His buddies are the union and
conference guys. And he likes to be and he likes it that he can also be
part of the President's Club, but if he has to pick his clubs, he's a Union
Conference Administrator type.
V1: You don't think that the President of UCLA or it's the chancello' from
UCLA, and the one at Berkley, and the one at San Diego, and all the rest
of them, aren't buds and aren't talking to each other about jacking the
legislature around and stuff?
V4: Sure they are
LSU000018
V1: Sure they are. You know?
V4: Oh yeah.
V1: Yeah. And whether they're walking in and talking to this person or that
person, they're building up a system.
V4: But they're not worried about whether they're liked or not.
V1: What it all boils right down to is selling UCLA that the chancellor every one
their other campuses guy's throats if n means he gets something for his
campus. You know?
V3: I agree.
V1: And you can see it how UC Irvine screwed around with UCR over getting
a Law School and that stuff you know it's ...
(From 1:57:44 through 2:00:08 -talking about basketball)
Vi: So now I'd like to hear what Wisbey got told behind the doors.
V4: We'll never hear it.
V2: Wisbey's feeling good.
V4: Well, I think the WASC thing has embolden him.
V2: Yeah. No, I bumped into him at lunch today and he said, "How are you
doing," and I said, "Well, hey it ebbs and it flows. And he said, "Yeah, rt
does for me too and I'm flowing right now." (Laughs)
V4: Yeah. I think he realizes that the that ttle uh Sisters of Satan, along with a
couple of the other conservative people, are not going to be able to say
anything and that the WASC will have made it abundantly clear that they
have to stay out of this. I know we're going to have a whole big discuss1on
at the next board meetrng, led by Kathy that says, "What does that mean?
What is it that we can do and what we can't do? Can we, for instance,
pass a bunch of learning outcomes that we want to see?" I guarantee you
this is going to happen.
V2: Now, do I understand it that getting Mereditn back on was not a briiiJant
move?
V 4: Not at all.
]0
LSU000019
V2: Shit.
V4: Meredith's the one that wrote that open letter.
V1: Oh. Did l1e write it?
V4: Yeah. Meredith is very power hungry and he wants to be in the middle of
everything. But Meredith- I told Randall when he asked me, I said,
"Meredith is a two edge sword. Where he's where he agrees with you
you're going to love him. But he is anti-faculty, he's anti-administration and
he harbors, he holds this grudge against Wiley and Benedict for making
this a university."
V3: Meredith does?
V4: Yeah. So he's anti-academic in that sense. Oh, Meredith has already
talked about how we need to revisit the faculty handbook and de-certify it
like we would decertify a union.
(From 2:02:27 through 2:03:48 talking about basketball)
V4: I'm curious to see what Spectrum is doing. I didn't realize they still
published the magazine. I just look at their blog- you know at their
website and their blog, but Blackmer talked over and over again about his
comments to Spectrum.
V1: So what? Cause he says something different to somebody else.
V2: I read his stuff in uh Inside Higher Ed and it wasn't that good.
V4: Oh, he was reai proud of thai, too.
V2: I know he was.
V3: Make a bad [Unintelligible 2:04:21]. So important!
V4: Well, he's- this guy's got an inflated view of his own self importance.
V2: Well. no I agree that you have to be pretty special to talk Inside Higher Ed
(Ali Laughing)
V2: Especially to talk about [2:0446. 7] and bullshit.
20
LSU000020
V3: Oh. the other thing that Blackmer said He claimed- \Nhat d1d he claim
about - there was something he claimed about he took 1'\0tes from the
biology discussion, and then 1 rueblood -
V4. He said this to the Board. He said this to the Board that Lee Greer told
him that it was unethical for him to send even one part of one session
teaching religion in his biology classes 'cause he is not trained in religion.
And that that was one of the things that swayed AAA. And excuse me, I
have to sneeze I'm allergic to-
V2: You got a cat in here, huh?
V4: Yeah. So he um and he said that that was in the notes of the meeting
And Trueblood goes "I was at that meeting and nobody ever said that."
So Blackmer just hemmed and hawed and he goes, "Well, it's in the notes.
The secretary recorded it." Were you at that meeting?
V2: No.
V4: Oh.
V2: Um I was off contract and never went to any AAA meeting.
V4: Oh, okay. But it actually it doesn't surprise me that Lee would say that
V1: Well, it wouldn't surprise me-
V4: And that meeting happened without you there because they tricked you.
rig hi?
V1: Right. Uh but tt1at's not what Le>e has said at other times.
V4: But that- the way Blackmer made that sound tonight and they way he
talked about that statement at the board is that was the whole thing that
this thing hinged on. Is the unwillingness of the biology teachers to teach
faith-based information in their science classes.
V1: The biology- you know- [Unintelligible 2:06:59.2]. and I've heard I've
heard every- all -so I've actually not heard Natasha Dean say this, but
she is a true believer. They have consistently said, "We are there to teach
biology. We will tell the kids that there are other opinions We will tell the
kids that the church says this. WJ1at we can't do is e:<plain why the church
holds that position.
V4: Right. That's completely differer1t
1'
_j
LSU000021
V3: And Blackmer would say that we should do that.
V4: And um Trueblood said that to him. He says, "I did urn four years oi
college, two years in Masters, and six years in a PhD program." He says,
"I can explain my biology stuff because I know that stuff: He says, "As far
a Genesis 1 ,"he says, "I can tell my students what the Belief Number 6 is,
but if you're looking for me to do an exegesis I'm not going to do that."
V1: Precisely.
V4: And that's a reasonable position.
V1: And that's Greer's position. As screwed up as he sometimes gets when
he's blowing off smoke, that's his position. He does thatl I mean he does
that in spades. He'll say, "This is the church's position, and there are
others who will hold this position, and there are others who will hold this
position, who still believe Christ is the Creator." I mean he'll give them the
whole spectrum. And- but what Greer can't seem to get through his head
is that while from a teaching standpoint, him sharing what the spectrum of
Christianity has in its belief in Genesis is a wonderful thing for our kids, all
these stupid GC people hear is short term creationist - everything else
V4: Yep.
V1: You know, whether you explain you know why the Nazarenes can accept
this, or why the Baptists can't accept this, or why the Catholics can't
accept this or why you have material creation or evolution - uh they view
that all the same.
V4: You know that the- it was interesting because I saw that happened tonight
with Blackmer. In Webster's comments, what he was trying to get people
to understand is that across Christianity there's a lot of different beliefs
and that it's not sufficient to just give your students the scientific and the
Adventist one, but you have to you have to let them know what they're
going to be coming up against. You have to teach them the whole
spectrum of Theistic Evolution, Natural Evolution- short term, long term
And ali Blackmer did is come back. He says, "I understand that it needs to
be balanc:ed and it does." And he says, "You have this on one hand and
this on the other." So he immediately dismissed the whole spectrum.
V2: It's ali binary to him.
V 4: It's binary.
V1: Because you've got the Adventist belfel here and everything else. So all
Webster accomplished was to pile more shit in this other hand here
LSU000022
(Laughter)
V4: I was going to say, That is exactly. Yeah, so anything that he
referenced intelligent, end he threw in another few other buzz words, and
for Blackmer that was all on the left hand. That was the sinister stuff.
V3: Oh yeah.
V1: So that's not a positive statement. That's more evidence- why not
V4: Either Blackmer didn't understand it, which I doubt- I actually think he's
smart And I think he just [Unintelligible 2:10:51 .5]
V2: He is biology trained -
V3: He's a biologist I think he is just a prick. Worrying about how many
[Unintelligible 2:1 0:56)
V4: Yeah.
V2: Yeah.
V1: Those guys. I thought of those guys [Unintelligible 2:11:15] triple A. And
uh [Unitelligible] They cio what they want to do.
V4: Oh yeah.
V2: That's amazing!
V1: Amazmg. I mean those guys can hurt stuff. What !hose guys did at this
triple A- I was just dumbfounded- that's fraud.
V3: If I started doing that l'a' go [Unintelligible 2:11 .43.7].
V2: I'd never [Unintelligible 2:11 :49.8].
V1: That was uh - Pawluk said AAA has [Unintelligible 2:11 :54.9] those guys
are JUSt flat out mean.
V3: So Dan Jackson is bCJsica!ly another Ricardo Graham
V4: Yeah, yeah. He's a eunuch It was the eunuch- it was the tale of the
eunuch and the bully,
LSU000023
V2: Well you know they say being a Ricardo Graham beats the hell out of
be1ng Ella 12 12 16 6].
V4: You know what? I would love to have experienced the last two years
under Tom Mostert, rather than under Ricardo Graham, on this '1ssue.
V2: Why?
V4: Because he would have- I don't know whether he would've taken the
church's side or the university's side, but if he had taken the church's side
he would have- we would have been able to rise the board against him.
And but I don't think he would've been -I don't think he would - I mean if
the later part of his career ,where he knew he wasn't getting promoted
again, he would've stood up to them.
V1: I'll tell you what would have happened. He would have kicked those
ladies butts.
V4: Yeah.
V1: He would have reamed their asses.
V3: Oh yeah! He wouldn't stand for that
(Laughter)
V4: Yeah, and Shereen would never had made it past the first interview. I
mean, we would have never even known about that issue. You know
whenever Warren or Larry would have come to him and said, 'We're
thinking about this," and he would go "Nor" And then I would've found out
later that he had done that and been pissed at him for acting on behalf of
the board, but it still wouldn't have mattered. And -
V2: Now the word on the street is that the airheads have some conflicts of
interest going. They have some nepotism. They are related to each
other. Kathy and Carla -
V4: Are related to each other?
V2: Yeah. Their husbands are related somehow.
V4: Well, Carla 1s related to Louie B1shop.
V3: Oh. She is related to him?
V2: How is she?
LSU000024
V4: No No. They're m practice
V1: Carla's husband is in practice with Louie Bishop's grandfather.
V2: That's it.
V4: Okay.
V1: But Carla is good buds with Louie Bishop's sisters or aunts or something.
V2: No, but Kathy Proffitt-
V:l: She's not even married.
V2: Well, she used to be. She got knocked up without being married? I know
her kid.
V3: Yeah. She's been married.
V4: If that's the case I've never heard of it, but I don't know if that would be a
particular problem would it be? Because why, unless !heir relationship with
each other was mater- well maybe that's what's being spread around I
(Laughter)
V2: Bumpin fuzzys? Is that what you're saying?
(Laughter)
V4: You know if you told me that about Kathy, I would not be surprised at all.
V2: I don't know her.
V4: And you're just as well off.
V2: Well I do know that come the May Board meeting Carla's going to have a
hell of a choice.
(Laughter)
V4: I think the recent WASP stuff is going to act in your favor.
V2: Carla considers herself to be my friend. But given who she IS
philosophically, she would vote against me. She told me that. But being
my friend she can't vote against me.
LSU000025
V1: Weli Kathy Proffitt has said over and over she didn't want to f;re anybody
so-.
V3: Other than Randall
V4: Yeah- other than Randall. Well, I mean, you know what I've told ,Jim, so
I'm optimistic
V2: I know And uh-
V4: But uh, but I actually-
V2: The ad building said that they counted the votes and they're optimistic.
V4: Oh, they have?
V2: Yeah.
V4; Oh good.
V2: Because I just agreed today to be team leader of UNST 404 ---the Senior
Seminar, formerly- formerly Capstone_
V4: Yeah.
V2: Because Suzanne Maliory has done an abdominal job of it
V4; Isn't it already going on right now?
V2: Yes, I'm JUSt going to step in as team leader.
V4: Oh, you're going to take it over?
V2: And I told Fave- she took me to lunch today, and 1 said, ''Anytime you
take me to lunch [Unintelligible 02:16:58] the ax coming"
V3: Who?
V2: Favoriio.
V3: Oh.
V2: I know there's a hook in this-
V4: Fay Burrito. I like that.
26
LSU000026
V2: Fav
V4: What does the word, what does the word "fay" mean, F-A-Y?
V2: No. No. Fav!
V4: No, 1 know. But what does "fay" mean?
V2: Fay means gay
V4: That's what I thought So they call her the fay burrito
[Laughter]
V4: Rrght it means the -
V2: No, but fay fay would be a pejorative for a male. And not a female
V4: What about a piece of piece of food? A fay burrito!
[Laughter]
V1: I thought you were saying Faye Swayze.
(Laughter)
V4: I'm sorry, I just- a fay burrito!
[Laughter]
V2: That's one hell of a gay burrito!
{Laughter)
V3: 1\ fay burrito!
(Laughter)
V4: Well, I think don't that it affects you now-
V2: No, I told her, I told her usten, I will do this on two conditrons, which 1
named. "But," I said, "Come May you may have to f1nd somebody else."
"No," she said. "We counted the votes we think you have it" which echoes
what I've heard you saying indirectly
LSUDODD27
V1: Alright, here's what "iay means "a fairy."
V2: Exactly:
V1: No, but that's not in a fairy as in a fairy -
V4: Yet like with little tiny wings.
V1: -a small being, in form. Playful and having magical powers.
(Laughter)
V2: Jeb. Jeb will tell you, right?
V1: Afairy ... uh.
V4: Okay, so here's one longer term analysis. WASC visiting team made
some points, which basically says, as I've summarized it, is Number 1.
Board, stay the hell out of curriculum. Number 2, Board, follow your own
damn processes. So learn about them. And then follow them. Number 3,
Board, you're dysfunctional. Get help. And Number 4: [Unintelligible
savings are no way to judge how you- the way you educate. Why don't
you use tr1e methods that you already have on campus?
V2: Especially when you so blatantly abuse them ...
V4: Abuse them, yes. Okay, so- so the board is going to be- I mean you
know they're going to be stymied compared to what they wanted to do.
On the other hand. basically they said you can't implement that open
letter. On the other hand AAA says, "We're going to come in and see that
you have implemented the open letter." And the faculty are going to say,
"Fuck you. We're going to do it the way we want to." So then-
V2: AAA- WASC?
V4: Right. So how do you how do you solve this? You change the faculty
That's the only way to solve -If the faculty refuses to do it the way AAA
wants, then the only way you can do it is to- the Board can do it is to
change the faculty
V2: And you're going to have to dump the administration and then they're
going to have to dump the faculty wholesale and haul in some-
V4: Well, they can't do anything with tenured faculty. But they can start with
contract and non-tenures
28
LSU000028
V2: They can get me. and they can get Shereen, and they can get Lee
V4: R1ght. Now this isn't going to happen now because they're not going to be
smart enough by May to figure this all out. but I am guess1ng, and 1t's just
a guess that the WASP Commission is actually going to come down
harder than the WASP visiting team did.
V1: Especially on the Board.
V4: On the Board.
V2: But they've done it before but-.
V3: Thafs why, That's why they're going -they'll kick them harder.
V4: Right.
V1: And so- there's no reason to believe that this community has read all the
WASC commission stuff.
V4: Well, why should they have?
V1: So their recommendation is to get to know the team - is probably is the
right thing for the first offense. The WASP Commission is going to know
that this isn't the first time we've had trouble being forthcoming about the
issue.
V4: And if there is anyway Lenny can figure out, there's going to be a memo to
the WASP Commission that says that you need to demand that we
dismantle this ex-officio structure. or these problems will never go away
And this needs to be- whatever language you want to use. you need to
say that we're coming back in two years and it has to be different
V1: So-
V2: So we will just get, we can get a lot more Carlas and-
V1: But now Pawluk doesn't have any power on this so, but he is adamant and
his claim is he's talked to W1sbey and Wisbey's coming around that when
we go when they go to talk with potential Board members, that there
somehow be an expectation on this issue. -And that you're expected to
support La Sierra, and to prove that ynu're going to do that you need to
donate X amount of cash. Now, I think that's an excellent solution and 1
don'llh1nk that they've got the balls to do it and it's to enforce it- so ...
29
LSU000029
V4: Well, the other thmg that's going to happen, is that the Trusteeship
Commtttee is now going to be responsible- starting in our June meeting -
our May meeting- for identifying who we think are the best candidates to
come onto the Board. And for interviewing them and actually having
thoughtlui conversations with them ahead of time so we know whot we're
getting. And that the Trustee Committee will be recommending a slate to
the Nominating Committee.
VZ: There was a time when I thought my old Chairman ought to be a Trustee.
But I'm not sure I wish that on him.
V4: Yeah.
V2: You know?
V1: I wish they'd have put Nate's- and I realize this creates a conflict, but hell,
they've got somebody on the Board whose wife teaches here so um, I
think Nate Brandstater's father would have been - his uncle would have
been a disaster.
V2: Yeah.
V4: Who? Bernard?
V1: Yeah.
V4: I knew him in Lebanon, but I've never known him as an adult.
V2: Even his sister says he's screwy (Laughs)
V4: Really. Is he screwy?
V2: Oh yeah. Rhonna Hodges is just- is his sister and she just says he is
nuts.
V4: Hmm
V2: Yeah, Nate's dad would be okay.
V4: Well, you guys- you guys need to be thinking seriously about names that
I can take to the Committee and we can we can pursue. 1 actually, 1
disagree with the money thing. I know that there are some people out
there who might be able to give in the six figure range, but ii you're relying
on your board for your primary endowment, that's a mistake. What you
want- you want people who will go out and protect the institution
3 [J
LSU000030
V1: The problem with that money thing is you can implement it but if
somebody walks in here and drops a quarter of a million dollars on you.
You've got to listen to them.
V4: Yeah.
V3: So did they use that in the WASC meeting, you said?
V1: No, this is that day that we that talked about it.
V3: Who is?
V1: Pawluk and Wisbey. They've been bitching about Meredith and a few
others and.
V4: Okay. I have to go. My daughter got out of class early and I've got to prck
her up and she's at some place and she's now worried, so
V1: I think they should have so many challenges where they can they can pull
it from floppy. And perhaps go over and they look at it and then as they
declare it you know?
V4: Thank you for the brew.
V1: Yeah.
V4: Thank you for the company.
V2: All right
V1: And thanks for coming over.
V4: Good luck on it
V2: Yeah. I appreciate it, man.
V3: Drd you look anymore at that stuff, Jim?
V1: Yeah, I was looking at it. I don't know what you want to add now
V3: I know.
V4: You can put some comments in before i get home.
V3: Does that get written one- twos?
LSU000031
V2: Weli, I'm gonna be in and I'm glad it's over, Jim
V1: Sure.
V4: Ttlank you, Jim
V1: You bet
V3: Take care, bro. This shit shouldn't be this !lard, should it?
V2: I know!
V4: I know! Hey we've got to get you over to the Salted Pig, man.
END [2:27:53]
LSU000032
EXHIBIT "D"
In The Matter Of:
Jeffry M. Kaatz
v.
Ricardo Graham
Gary L. Bradley VOL I
December 7, 2012
17835 Ventura Blvd. Suite 310 Encino, CA 91316
P 888.272.0022 F 818.343.7119
www.benhyatt.com
BH CDR Job# 1005706
number of pages 209
Word Index Included with this Condensed Transcript.
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- Gary L. Bradley - 12/7/2012
A. Exactly.
Q. But your expectation would be that
that's the case based on what you've seen in
the church, correct?
A. Exactly.
Q. All right. At the meeting at Beach's
home, was alcohol consumed?
A. Yes.
Q. By who?
A. By myself. I did not -- I did not
assay the cups of my conversation partners.
Q. Okay. What alcohol?
A. I had a small glass of Irish whiskey.
Q. And did it appear from your
observations as the glass was being poured that
other people were also at that -- at that home
having their glasses filled out of that -- was
it a bottle?
A. There were a number of bottles of
various things.
Q. Okay.
A. I did not -- I did not step up to the
table with anyone else, so I don't know what
they chose to drink.
Q. Okay. Did you bring any of the
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888.272.0022 818.343.7040 Fax 818.343.7119 www.benhyatt.com
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MR. McCUNE: You misstated the first
2
part of that sentence.
3
THE WITNESS: You ran two
4
sentences -- you ran two or three statements
5
two statements together in a way that I do --
6
that I did not.
7
BY MR. CONNALLY:
8
Q. Okay. Let's rephrase it.
9
You said to the group at that meeting
10
in the Darnell recording (reading):
11
''We present the science in a
12
context that is far more faith
13
affirming and they're not
14
going to get blown away.
15
Okay. This works better for
16
conning kids in just staying
17
Adventists."
18
A. "Into staying Adventists."
19
Q. Wait a second.
20
(Audio recording played.)
21
BY MR. CONNALLY:
22
Q. Okay. "Conning kids into staying
23
Adventists," that's what you said?
24
A. That's what I said.
25
Q. And what did you mean when you said
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-- Gary L, Bradley - 12/7/2012
1
"This works better for conning kids into
2
staying Adventists''?
3
A. What I --
4
MR. McCUNE: I'm going to object to
5
that line of questioning as well. It doesn't
6
matter what he said. It matters what -- or
7
what he meant. It matters what he said and
8
what was read.
9
BY MR. CONNALLY:
10
Q. Okay. Would you agree that someone
11
hearing that comment might think that you were
12
talking about Adventism as if it were something
13
that you con students into believing?
14
A. Yes.
15
Q. And --
16
A. Could I take -- could I take a recess
17
and talk to my attorney?
18
MR. CONNALLY: Okay.
19
THE VIDEOGRAPHER: Off the record?
20
MR. CONNALLY: Yes.
21
THE VIDEOGRAPHER: We are going off
22
the record at 4:34 p.m.
23
(A brief recess was taken.)
24
THE VIDEOGRAPHER: We are back on the
25
record at 4:39 p.m.
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BY MR. CONNALLY:
2
Q. The first line of your comment, "And
3
see if I can communicate one thing to these
4
idiots at the church hierarchy," that is
5
accurately transcribed?
6
A. It is.
7
Q. And did you ever explain to anyone
8
what you meant by that comment?
9
A. No.
10
Q. Were you accurately describing your
11
belief about the church hierarchy during
12
that --
13
MR. McCUNE: Object -- objection;
14
it's not relevant, but I'll let you answer
15
that.
16
THE WITNESS: Restate the question,
17
please.
18
MR. CONNALLY: Can you reread it.
19
(The record was read by the reporter
20 as follows:
21
"Question: Were you
22
accurately describing your
23
belief about the church
24
hierarchy during that --''
25
"Objection.")
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-
Gary L. Bradley - 12/7/2012
1
BY MR. CONNALLY:
2
Q. During that statement.
3
A. It does not accurately reflect my
4
belief about the entire hierarchy, but it
5
accurately reflects my belief about certain
6
individuals in the hierarchy.
7
Q. Such as the president, Ted Wilson?
8
MR. McCUNE: Objection; we're not
9
getting into his personal beliefs.
10
MR. CONNALLY: Well, he's opened the
11
door. He said certain individuals who.
12
MR. McCUNE: Don't answer the
13
question.
14
If you want to get a court order on
15
his personal beliefs, Mike, you're going to
16
have to do it.
17
BY MR. CONNALLY:
18
Q. Did you ever explain who you meant
19
when you were talking about the idiots at the
20
church hierarchy to anybody else?
21
A. No.
22
MR. CONNALLY: All right. We've got
23
four minutes. We're going to go ahead and put
24
a stipulation on the record and close this
25
session.
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Gary L. Bradley - 12/7/2012
1
2
3
4
5
6
7
8 I declare under penalty of perjury under the
9 laws of the State of California that the foregoing is
10 true and correct.
11
Executed on
12
at California.
13
14
15
16
17
18
GARY L. BRADLEY
19
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Page 205
EXHIBIT "E"
In The Matter Of:
Jeffry M. Kaatz
v.
Ricardo Graham
Jeffry Kaatz VOL I
December 18, 2012
P 888.272.0022 F 818.343.7119
www.benhyatt.com
BH CDR Job# 1005815
number of pages 176
Jeffry Kaatz - 12/18/20U
1
Q
Did you consume any alcoholic beverages
2 while you were at Beach's home?
3
A I did.
4
Q
What?
5
A I had a couple of ounces of Green Spot
6 Scotch.
7
Q Green Spot is a brand or type of Scotch?
8
A Yes.
9
Q Anything else?
10
A Not that I recall. I did have some water.
11
Q
And did you observe anyone else at plaintiff
12 Beach's home consuming alcoholic beverages?
13
A I did.
14
Q Who?
15
A Darnell, Bradley, and Beach.
16
Q Do you have a recollection as to what any of
17 those three were drinking?
18
A I don't have -- I don't know specifically,
19 but I assumed it was the same that I had.
20
Q
Was the Green Spot in a bottle?
21
A Yes.
22
Q And you have a recollection of seeing all
23 three of them consuming alcoholic beverages?
24
A I didn't see any of them pour drinks. I saw
25 them sitting in the room with a drink.
Page 107
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01:28:23
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Jeffry Kaatz - 12/18/2012
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--
EXECUTED on _,.,...__;_cl ___ , 2 0 1 3 , at
California.
I
I
Page 173
In The Matter Of:
Jeffry M. Kaatz
v.
Ricardo Graham
Jeffry Kaatz VOL 2
December 19, 2012
P 888.272.0022 F 818.343.7119
www.benhyatt.com
BH CDR Job# 1005816
number of pages 302
- Jeffry Kaatz - 12/19/2012
1 little exchange here between Voice 2 and Voice 3 that
2 we're going to have you listen to and tell us if it's
3 accurately transcribed. And I'll tell you right now,
4 just so you can listen for it, that plaintiff Bradley
5
said that the Voice 2 entry that is the next one here
6 at the middle of page 13, that the word "common" is
7 an incorrect transcription. He said that what he
8 said was "conning kids."
9
A I'm sorry. I'm not seeing where you're
10
referring to.
11
Q
Take a look at Voice 2 about midway down the
12 page, right after where you were just looking at.
13
A Okay.
14
Q
And that last line of Voice 2, I'm going to
15
alert you ahead of time because Bradley testified
16 about this, that it's an inaccurate transcription,
17 that where it says "common kids" on the last line
18 there, that what he actually said was ''conning kids.''
19
A Yeah, and I agree with that. I'm aware of
20
that.
21
Q All right. I'm going to have you listen to
22 that and confirm the rest of it is transcribed
23 correctly, and then there's a quick back-and-forth
24 exchange between a voice 3 and a Voice 2, and so
25 listen to those and see if you can confirm that those
Page 225
10:28:()9
10:28:26
Jeffry Kaatz - 12/19/2012"
1
Q
What I asked about is -- you recall Bradley
2 said that there were idiots in the church
3 hierarchy
4
MR. McCUNE: Would you please read Bradley's
5
statement if you're going to be quoting Bradley?
6
MR. CONNALLY: Okay.
7 Q It's in Exhibit 5, page 13, middle of the
8 page. It says, "And see if I could communicate one
9 thing to these idiots at the-- church hierarchy.''
10
Do you see that?
11
A Yes.
12
Q
Do you ever think back about when he made
13 that comment, while you're having trouble sleeping,
14 is ever a part of what's causing you having trouble
15
sleeping that you wish you would have said something
16 to him to express your disagreement with his opinion
17 that the church hierarchy are idiots?
18
A That is not something I spend time thinking
19 about.
20
Q Okay. And when he talked about "conning
21 kids in just staying Adventists," do you ever, as
22 you're having trouble getting to sleep, think, ''Oh, I
23 should have expressed some disagreement with that"?
24
A No.
25
Q Okay.
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Jeffry Kaatz - 12/19/2012
I declare under penalty of perjury under the
laws of the State of California that the foregoing is
true and correct.
_,_J'-'g"'a'-'"''-="""/=--7'---=Jc_c_/ ___ , 2 0 13 , at / on
___ ,< ___ California.
V ume II
Page 475
..... -
EXHIBIT "F"
COUNTY OF RIVERSIDE
JEFFRY M. KAATZ, JAMES W. BEACH, and
0 ORIGINAL
GARY L. BRADLEY,
Plaintiffs,
vs. No. RIC1112557
RICARDO GRAHAM; PACIFIC UNION VOLUME I
CONFERENCE OF SEVENTH-DAY ADVENTISTS,)
a not-for-profit corporation; DANIEL
R. JACKSON; LARRY BLACKMER; NORTH
AMERICAN DIVISION CORPORATION OF
profit corporation; and LA SIERRA
UNIVERSITY, etc., et al.,
Defendants.
Videotaped deposition of JAMES WILLIAM BEACH, at
the law offices of Lewis Brisbois Bisgaard & Smith
LLP, 650 Town Center Drive, Suite 1400, Costa Mesa,
California, commencing at 9:47a.m., Thursday,
December 20, 2012, before Lee Saah, CSR No. 6956,
PAGES 1 - 235
'1 ~ ~ e ~ e t ! : ! ~ ~ L !
P 888.272.0022 F 818.343.7119
www .benhyatt .com

--
James William Beach - 12/20/2012
1 Q And before Mr. Darnell arrived, did you
2 engage in any discussions with the -- with the other
3 plaintiffs, plaintiff Bradley or Kaatz, about the
4 faculty meeting?
5
A I don't recall what we talked about. 02:23:30
6 Q When Mr. Darnell arrived, did you see his
7 telephone?
8
A No.
9 Q Did you at any time during the meeting at
10 your home -- or the gathering at your home see 02:23:55
11 Mr. Darnell's telephone?
12
A I believe I saw his telephone when he
13 received a message from his daughter and said, "I
l4
have to go."
15
Q Where had he -- did you see where he had 02:24:11
16 been keeping his phone while he was at the meeting?
17
A No.
18 Q Did you serve alcoholic beverages at the
19 meeting at your home?
20
A I made them available, yes. Made them 02:24:34
21 available.
22
Q What alcoholic beverages did you make
23 available?
24 A I opened a bottle of Green Spot Irish
25 whiskey. 02:24:48
Page 130

1 Q And any other alcoholic beverages that you
2 made available that evening?
3
A I don't believe so, no.
4
Q Had you discussed with the other two
5 plaintiffs or Mr. Darnell that you would have the 02:25:15
6 Green Spot Irish whiskey available that evening
7 before they arrived?
8
A With Mr. Darnell that was a bottle I
9 brought back in January from Ireland when my son and
10
I were in Ireland. We told him that he could taste 02:25:42
11 it if he wanted to then, and so this was the first
12 time he was going to be there, so I forget how it
13 carne up, but I think he asked if he could taste it,
14
and so I said sure. Then I think I, at that time,
15
had told other people if they wanted to, they could 02:26:17
16 try it, taste it as well.
17 Q Okay. By "other people," you mean Kaatz or
18 Bradley?
19
A Yes. And Bradley. Kaatz and Bradley.
20 Q Okay. And did Kaatz -- did Kaatz consume 02:26:37
21 any Green Spot whiskey while at your gathering?
22
MR. WRIGHT: I'm sorry. What was the
23 question?
24 (Record read as follows:
25 "Q And did Kaatz consume any Green
Page 131

-
James Beach -
1 Spot whiskey while at your gathering?")
2 MR. WRIGHT: Objection; lacks foundation,
3 calls for speculation.
4 THE WITNESS: Kaatz had something in a glass
5 when he came into the living room. I set up -- as I 02:27:06
6 recall, I set out the bottle of whiskey, I set out
7 water, and I sat out some ice and some glasses, and I
8 just left it in the kitchen on the counter -- or on
9 the island and told people who were there if they
10 were interested. 02:27:29
11 Q Okay. So you didn't actually see him --
12 what he poured in his glass; you saw him drinking out
13 of a glass?
14
A Correct.
15 Q What about Bradley? 02:27:40
16 A Same thing.
17 Q Do you know if Bradley consumed any of the
18 Green Spot Irish whiskey while he was at your
19 gathering there?
20
A Well, his letter said he drank a small 02:27:49
21 amount of whiskey so I'm assuming that's what he was
22 drinking. That was what was available.
23 MR. WRIGHT: Don't assume. He's asking you
24 what you saw that day.
25 THE WITNESS: I saw him drinking something 02:27:59
Page 132

1
in a glass.
2 BY MR. CONNALLY:
3
Q Okay. And what about Darnell? Did you see
4 what Darnell was drinking while he was at the
5
gathering there? 02:28:13
6
A I saw that he was drinking something. That
7 was his choice, or water, I think.
8
Q Pardon me?
9
A I said that would have been his choice, or
10 water. Since he said something about Green Spot, I'm 02:28:23
11 assuming that's what he had in his glass. That's an
12 assumption.
13
Q Okay.
14
A But an educated guess.
15
Q So you didn't see what he was pouring, but 02:28:34
16 you heard him comment about drinking --
17
A Yes.
18
Q -- Green Spot? Yes?
19
A Correct. If you're in the living room where
20
the TV was, you could not see what was going on in 02:28:44
21 the other room.
22
Q Okay.
23
A So I was in there watching the game. When
24 they came in, I just told them to come on in. They
25
each in turn came in and sat down and they had a 02:28:55
Page 133

1
glass with them when they came in and sat down.
2
Q And did you drink some of the Green Spot
3 Irish whiskey?
4
A Yes.
5
Q How much? 02:29:07
6
A I don't know. An ounce, maybe an ounce and
7
a half or two ounces. I don't it was to be a
8 tasting. The bottle had to be available for my son
9 when he got home to taste with his friends, and I
10 wanted to share it with my brothers eventually when I 02:29:28
11 got to see them. We went to Ireland because our
12 family was from Ireland, and we spent ten days
13 driving around; a wonderful time. We brought this
14
back because it won an award for being the
15 quintessential Irish whiskey and it was relatively 02:29:52
16 inexpensive, so
17
Q Did
18
A It's not for sale in the United States.
19
Q Does La Sierra University -- or did
20
La Sierra University in June of 2011 have a policy 02:30:10
21 regarding its faculty or administration consuming
22 alcoholic beverages?
23
A Yes.
24
Q What was the policy?
25
A To abstain from using alcohol, among other 02:30:21
Page 134
Ban Hyatt Certified Deposition Reporters
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EXECUTED on
Jl\MJ S WILLIAM B!: ~ c H
Vo'lkme I
Page 232
LEWIS
BRISBOIS
BISGAAAD
&SMIHUP
A1100NE'f-l AI lAW
1
2
CALIFORNIA STATE COURT PROOF OF SERVICE
Kaatz, eta!. v. La Sierra University, eta!.- File No. 35970.52
3 STATE OF CALIFORNIA, COUNTY OF ORANGE
4 At the time of service, I was over 18 years of age and not a party to the action. My
business address is 650 Town Center Drive, Suite 1400, Costa Mesa, CA 92626.
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On June I 0, 2013, I served the following document(s):
I.
2.
3.
4.
5.
6.
7.
THE CHURCH DEFENDANTS' OPPOSITION TO PLAINTIFFS'
MOTION TO COMPEL THE DEPOSITION TESTIMONY OF
DEFENDANT RICARDO GRAHAM AND REQUEST FOR $2,000 IN
MONETARY SANCTIONS AGAINST PLAINTIFFS AND/OR
PLAINTIFFS' COUNSEL FOR HAVING FILED THEIR MOTION
WITHOUT SUBSTANTIAL JUSTIFICATION AND WITHOUT
HAVING MET AND CONFERRED BEFORE BRINGING THE
MOTION;
DECLARATION OF KARNIK DOUKMETZIAN
RICARDO GRAHAM,
DANIEL JACKSON, L
LARRY BLACKMER,
KENT HANSEN AND
MICHAEL W. CONNALLY
I served the documents on the following persons at the following addresses (including fax
21 numbers and e-mail addresses, if applicable):
22
23
24 ~
25
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SEE ATTACHED SERVICE LIST
The documents were served by the following means:
(BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package
provided by an overnight delivery carrier and addressed to the persons at the addresses
listed above. I placed the envelope or package for collection and delivery at an office or a
regularly utilized drop box ofthe overnight delivery carrier.
I declare under penalty of perjury under the laws of the State of California that the
27 foregoing is true and correct.
28
484191837460.1
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LEWIS
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BRISBOIS
BISGAARD
&SMIHUP
ATIORNEYS AT lAW
Executed on June 10, 2013, at Costa Mesa, California.
IJ:J ~ h t ly-
4841-9183-7460.1
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LEWIS
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BRISBOIS
BISGAA!lD
&SMIHUP
AnQilNE'rliAILAW
SERVICE LIST
Jeffry M Kaatz, et al. v. Ricardo Graham, et al.
Richard D. McCune, Esq.
David C. Wright, Esq.
Michele M. Vercoski, Esq.
McCUNE WRIGHT, LLP
RCSC Case No.: RIC 1112557
2068 Orange Tree Lane, Suite 216
Redlands, CA 92374
(909) 557-1250 FAX: (909) 557-1275
Attorneys for Plaintiffs, JEFFRY M. KAATZ, JAMES W. BEACH, and GARY
L.BRADLEY
Jon Daggett, Esq.
Phil Hiroshima, Esq.
Dean Schirmer, Esq.
HIROSHIMA, JACOBS, ROTH & LEWIS
1420 River Park Drive, 2nd Floor
Sacramento, CA 95815
(916) 923-2223 FAX: (916) 929-7335
Attorneys for Defendants, RICARDO GRAHAM,
DANIEL R. JACKSON and LARRY BLACKMER
484191837460.1

Church Defendants Opposition To Motion To Compel With Exhibits

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