Is the Watchtower Shifting All Financial and Legal Risk to Local Elders, are they 100% liable for Negligence?

by Trailer Park Pioneer 13 Replies latest watchtower beliefs

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  Trailer Park Pioneer

  What is the Watchtower Organization leaving behind for all the Kingdom Halls after their done siphoning them dry?  Who is going to pay for a lawsuit or damages when some incompetent elders or three are busted for something very bad?  Will the Watchtower help or leave them alone for the Sharks to shred to pieces?  
  

  From all the letters they wrote, is the Watchtower using the methods employed by the Ultra-Rich who try to protect their kids Trust Funds from lawsuits?   Watchtower's job is to protect their local assets but who is going to protect Bob-the-Elder, he's the Elder who never saved a penny and lives next door to me in the Trailer Park. He get's up at 3:00 AM delivering newspapers for $250 a month, who is going to help my Trailer Park buddy?

  Can a plaintiff go after all the possessions and business assets owned by the guilty elders involved in gross incompetence now or will the Watchtower step in and protect them?  From the Meno Park story, all I can see is they are trying to put lots of Ziplock baggies and Tupperware around the Kingdom Hall properties while putting a "OPEN SEASON NOW!" on the Elders backs!  Are they trying to put all legal burdens on the elders now?
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  The Searcher

  The Org is passing the hot potato to C.O.'s now, who in turn will pass it on to the BoE.

  As Trustees, the BoE would be any new plaintiff's first target, because C.O.'s have taken a vow of poverty and own nothing!

  Historical victims will still go for the Org first.
  

  BoE's on the other hand have property, cars, boats etc., so perhaps many of them will be advised to legally transfer such assets into their wife's name, to avoid seizure by a court.
  
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  OneEyedJoe

  It certainly appears to be their goal to have the underlings take the fall for anything that happens going forward, but I suspect that given the truth of the matter and the abundance of leaked documents, any good lawyer could still connect the dots back to HQ.  

  The problem is that they want to have their cake and eat it too - they want to exert absolute control all the way down to the local level, but not be liable for anything that comes from this control.  Until theirs some true autonomy to the circuits and congregations, they'll probably remain liable at least to some degree.  Of course, they'll never surrender enough control to grant the congregations sufficient autonomy for that to happen.  

  Though, I'm not a lawyer and don't even play one on TV, so maybe someone who actually knows something will chime in.  I'm just talking from the perspective of a potential jury member - it seems like it wouldn't be too difficult for a lawyer to show that the WTS still has it's hands in everything.
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  Chaserious

  the BoE would be any new plaintiff's first target.

  Individuals are never a plaintiff's first target unless they are covered by insurance or top 1%-ish wealthy. 

  Whether there is organizatonal liability depends on what is involved in the lawsuit.  I cant think of what kind of lawsuits would expose elders to liability on a frequent basis.  I dont recall ever hearing of an elder exposed to personal liability for a congregation matter; not that it couldn't have happened.

  I'm sure the organization is trying/has tried to insulate themselves from garden variety lawsuits like car accidents involving publishers.  It's possible the cong could be sued for that kind of thing; although don't the congregations participate in some kind of general insurance fund through the WTS?  Not that they would sue for coverage of course, if the WTS didn't cover an incident.
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  Vidiot

  The WT leadership wants it both ways...

  ...absolute control and enforcement of all policies and doctrines, but also legal insulation from any negative consequences of those policies.

  It is impossible to maintain such conditions indefinitely, however... sooner or later, you piss too many people off, and they refuse to put up with that shit anymore.

  Many times throughout history, such situations (and increasing public opinion) have eventually resulted in the justice system making an example of someone to get the point across to the rest of society and/or mollify the outraged masses.

  When done right, it can be a very effective tactic.

  What's more, the WTS are in the unique position to serve as the ideal candidate for said object lesson, as they have no influential allies in the political or legal arena (i.e. "friends in high places") who might experience negative blowback and feel tempted to bail them out.
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  Jay Elle

  I know the Catholic Church also tried the tactic of not being responsible for the satellite churches they owned.  It did not work.  Unless headquarters gives a real directive to let the police handle all crimes they will be liable for all the inbetween red tape their internal rules create.

  they need to do this.

  1: tell the congregation that any crimes confessed to them will be reported to the police.

  2: background checks will be mandatory for anyone with any title. 
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  Phizzy

  The WT/JW Org may well be on a sticky wicket legally by claiming that it is nothing to do with them, and the local Congregation and Elders are on their own, but how many Elders Bodies will accept this when they are told it by the Branch?

  Any Plaintiff that has not sought proper advice and simply goes for the local boys, will be mired in a legal mess, and local Elders will try to sort it themselves, making even more of a mess.
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  TTATTelder

  The WT is trying to muddy the water with the new policies and they may cause some confusion, but the facts are the facts. The elders are essentially branch controlled robots. The branch controls ownership of the church property and the exact qualifications and procedures for the elder position.

  The secret elder book is exhibit A. Exhibit B is the form that is sent by the BOE to the CO a month before his visit listing any brother that is being looked at for appointment. Next evidence is getting their hands on leaked procedures that are followed by the CO in the month between getting the form from the BOE and holding the meeting with the BOE to go over potential appointments.

  What happens is this: The CO contacts the branch to go over the listed recommendations. So it is just a shell game. The branch still tells the CO whom he can and whom he can't appoint. 

  The WT has essentially created a few artificial layers between themselves and the elders, but it's still business as usual. I suppose they are giving their legal department something to play legal games with - i.e. lie about in court - when the time comes to determine liability.

  So much for "leaving things in Jehovah's hands".

  -TE
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  boldandbeautiful

  Hmm, that's definitely an option isn't it?

  Are there any real life examples out there from the past year or so to prove it? or are we awaiting the collateral damage...
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  adjusted knowledge

  I'm not a lawyer but during business school I was required to take two semesters of business law. It was mostly a study of case law and review of court cases.  There was many examples of corporations and non-profits being held liable for the actions of their employees or volunteers.   Wouldn't the BOE be considered agents of the organization.  I know that my actions would legally hold my company I work for liable because I'm a manager.  In fact I know of low level sales associates that have caused my company thousands in damages for their negligence.

  I don't think the Org limits their liability by the structuring they are doing.  The Org can try all they want to hide money but the fact is their largest assets are real estate property.  They have the money not Bob the elder.