ERVIN, COHEN & JESSUP NINTH FLOOR 9401 WILSHIRE BOULEVARD BEVERLY HILLS, CALIFORNIA 90210 TELEPHONES 272-7833 AND 273-6333
Attorneys for Defendants
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THE PEOPLE OF THE STATE OF CALIFORNIA, ex rel., ALVIN EARL TIMMONS, et al., Plaintiffs
vs.
WORLDWIDE CHURCH OF GOD, INC., a California corporation, et al., Defendants
No. C-267607
AFFIDAVIT OF HERBERT W. ARMSTRONG IN SUPPORT OF APPLICATION FOR ORDER REMOVING TEMPORARY RECEIVER AND DISSOLVING TEMPORARY RESTRAINING ORDER.
Hearing date: January 5, 1979 Time: 4 p.m. Dept.: 86
STATE OF ARIZONA ss. COUNTY OF PIMA
HERBERT W. ARMSTRONG, being duly sworn, upon his oath deposes and states: 1. I have personal knowledge of the facts herein stated and if sworn as a witness could testify competently thereto. 2. I am the founder, Pastor General, and spiritual and temporal leader of defendant Worldwide Church of God, Inc. ("Worldwide"). In addition, I am chief executive officer, chairman of the board of directors and chairman of the board of trustee of Worldwide and its two related entities, defendants Ambassador College, Inc. ("Ambassador"), and Ambassador International Cultural Foundation, Inc. ("AICF") 7 together with Worldwide, Ambassador and AICF will collectively be referred to herein as "the Church." 3. The Church, which was originally known as the Radio Church of God, was founded by me in the mid-1930's for the purpose of proclaiming "the Gospel throughout the world as a witness of the coming of the Kingdom of God." Matthew 24:14. I am the appointed Apostle of the Lord Jesus Christ and, as such, have been both the spiritual and temporal leader of the Church from its inception. In the more than 40 years since I founded the Church, the Church has grown and flourished to the point where it now has approximately 100,000 members worldwide as well as countless "co-workers," all of whom donate funds to further the mission and purpose of the Church and to support the many activities in which it is engaged on a worldwide scale. 4. On January 3, 1979, I was advised by Mr. C. Wayne Cole, a minister and Director of Pastoral Administration over the Church ministry worldwide, that the California State Attorney General's Office had initiated an investigation pursuant to which it had attempted, that morning, to invade the Church's executive offices in Pasadena, California on the pretext of examining the Church's books and records in an attempt to obtain evidence of financial improprieties on the part of myself, my personal adviser Stanley R. Rader, and others. Although I was astonished beyond belief by this bald governmental intervention in the Church's private financial affairs with its equally clear impingement on the right to religious freedom, I was not, and am not, afraid of an inspection of our books and records since it would clearly show that no improprieties were engaged in. However, knowing very little of the facts, I nevertheless felt that I should (a) insure that the constitutional rights of the Church and its members were not infringed or unduly impeded and (b) reassure the Church members that their confidence in its leaders and those leaders' integrity were fully justified. Therefore, I appointed Mr. C. Wayne Cole, Director of Pastoral Administration, as acting chief executive officer under me in my absence until this matter was resolved; I implemented this appointment by press release dated January 3, 1979, a true copy of which is attached hereto as Exhibit A and incorporated herein by reference. 5. On the morning of January 4, 1979, in conversation between myself and Mr. Rader, I learned that Mr. Cole had not fully presented all of the facts to me. I learned, for example, that far from a situation involving a mere investigation by the State Attorney General's Office, a court-appointed receiver was in fact attempting to come in and administer all functions, both spiritual and temporal, of the Church. Indeed, I learned that the receiver had tacitly denied, in a called meeting of department heads, that I had authority to even appoint Mr. Cole as acting chief executive officer under me and further that the receiver himself had appointed Mr. Cole to replace me as spiritual and temporal leader of the Church. Mr. Cole's acquiescence and cooperation in this attempt, and his purporting to act as the Church's spiritual and temporal leader, was rank insubordination and totally inimical to every tenet for which the Church has stood from its inception. 6. At about 12:15 p.m. on January 4, I attempted to telephone Mr. Cole but was unsuccessful in reaching him. I then called Ellis LaRavia, a long-time trusted and loyal minister of the Church, to have Mr. Cole call me. I am also informed that Mr. Cole purported to suspend Mr. LaRavia. 7. Although I want the Church to cooperate fully with the Attorney General's Office in examining any records they legitimately have a right to examine, I will not submit to government's administering the Government of God's Church and Work. Therefore, as the appointed Apostle of Jesus Christ, I commanded Messrs. Raymond McNair, Roderick Meredith, Ellis LaRavia, Ralph Helge, and Stanley R. Rader, in Christ's name, to do everything possible to protect the Church's operations under me; I confirmed this in writing of January 4, 1979, copy of which is attached hereto as Exhibit B, and incorporated herein by reference. I also hereby appoint Mr. Meredith as Director of Pastoral Administration and relieve Mr. Cole of that office. I further confirm that Allan Browne, Esq. of Ervin, Cohen & Jessup is the attorney authorized to represent the Church in these proceedings.
Legal Document No. C-267607
Copyright © 2024 Herbert W Armstrong Library