Nomination Process Update – extended through May 6, 2012

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Nomination Process of the Initial Board

Starts TODAY!

                                                                                                            April 29, 2012

Dear Members of the 3HO/Sikh Dharma Community,

Sat Nam and blessings to all. This is a reminder that our Nomination Process for the Initial Board starts TODAY. The link is now active, and you can submit up to 15 nominations for the Initial Board.

As mentioned in our previous email, Part II sent on April 22nd, our lawyers anticipate that in the near future, we will need to populate the governing board of either one of the existing non-profits (SSSC or UI), or populate a newly formed non-profit board. In either

case, whether it will be the SSSC or a newly formed non-profit, it is anticipated that this non-profit will hold and be in charge of operating some of the for profit assets, including Golden Temple, and will work with the Receiver.

We believe the functions, duties and responsibilities of this board will be extensive. Serving on this Board will require a significant time commitment ( 6 – 15 hours per week anticipated at the start), and will require experience and expertise in areas including, but not limited to, financial management, managing and dealing with on-going litigation, interfacing with legal counsel and the receiver, and establishing and revising corporate by-laws to include generally accepted principals of good corporate governance, checks and balances, inclusion, transparency, and accountability to the Sangat.

As you consider who you think would best serve on this board, please consider carefully the scope and extent of these responsibilities. Please refer to Part II of our communication to read the more detailed explanation of the Functions, Duties and Responsibilities, the Desirable Skills and Attributes, and the Mandatory Eligibility Requirements, as well as all the other information contained in that letter.

There has been a significant revision to the Eligibility Requirements in that it is not necessary to be a United States citizen to serve on this board.  After discussion with legal counsel, we are able to remove this requirement, and we are happy to report that we can have International members on this Initial Board.

The link for Nominations will be active from April 29th at 10AM Eastern until May 4th at 11PM Eastern.

If you are unable to click though using this link, please cut and paste the following link into your browser:  https://www.surveymonkey.com/s/YBNGM86

If you need technical assistance with the Nomination process, please email: ssscnominations@gmail.com

 Here is a review of the time-line:

April 29 – May 6  – Nomination Process 

  • Begins April 29th at 10am Eastern
  • Closes on  May 6th at 11pm Eastern

May 6 – 13 – Vetting Process

May 13 – All Candidate Statements Due

May 15 – All Candidates will be posted on On-line Voting Site

May 16- Letter sent to Voters which includes:

  • Link to Voting Site
  • Instructions for voting

May 16 – 20 – Selection Process

  • Begins May 16th at 10am Eastern
  • Closes on May 20th at 11pm Eastern

May 21- 3HO/Sikh Dharma Community informed of Election Results 

This process is an exciting and significant step in building the future of our Dharma.  May Guru Ram Das guide this process, and may the Sangat work together in trust, unity and elevated consciousness to serve the legacy of the Siri Singh Sahib and the mission of the 3HO/Sikh Dharma family of non-profit and for profit organizations.

Blessings to all,

SS Gurujot Kaur Khalsa

Secretary General

Sikh Dharma Worldwide

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Nomination & Selection Process of the Initial Board – Part II

April 22, 2012

Dear Members of the 3HO/Sikh Dharma Community,

Sat Nam and blessings to all. On April 12th we sent out a Legal Update informing the Sangat about Judge Roberts “Draft Ruling on Remedies”. Prior to that, on March 29th, we sent out Part I (previous blog post) of a communication to the Sangat discussing our next steps for moving forward, which included developing and implementing a process for the selection of the SSS Corp board in a manner consistent with our Complaint, in a manner consistent with our Prayer for Relief, and in a manner consistent with currently accepted legal guidelines and best practices for corporate governance. The SOD Executive Committee met for many hours detailing this process, and as we were about to send out Part II of our communication and begin the implementation of that process, Judge Roberts issued her “Draft Ruling on Remedies”.

Upon advice from our lawyers, there is still the need to implement a Nomination and Selection Process immediately. Since Judge Roberts has ruled, our lawyers anticipate that in the near future, we will need to populate the governing board of either one of the existing non-profits (SSSC or UI), or populate a newly formed non-profit board.

In either case, whether it will be the SSSC or a newly formed non-profit, it is anticipated that this non-profit will hold and be in charge of operating some of the for profit assets, including Golden Temple.

This is an important step for our Sangat. We have spent the past 2 ½ years working towards a resolution of our law suit. We have thus far successfully fought our battle through the courts. We have achieved an important milestone in our Dharmic history, and we need to be ready in the event we have the opportunity to seat this board.

To accomplish this objective, we will hold a NOMINATION and SELECTION PROCESS for the members of this board. This process will start Sunday, April 29th (just after the Siblings of Destiny Meeting in Espanola) and be completed by May 21st.

This marks the first step in an on-going progression of rebuilding our Dharma.

Over the coming weeks and months, we must continue to educate and prepare ourselves to implement good governance practices that will serve our future. Proposals and ideas have been worked on by the Governance Team and other groups, and additional ideas and proposals will also be considered by the Sangat. For now, however, our first and immediate task is the selection of this non-profit board.

In order to be as inclusive as possible, this communication is being sent to the SDW email list with a request that it be forwarded to the email lists of the other 3HO/Sikh Dharma family of organizations. Individuals are also encouraged to forward it to everyone in their 3HO/Sikh Dharma ashram community so they can participate.

The process set forth below is meant to address this immediate need and is a one-time event to select this board in a manner we believe will be acceptable to the Court and the Oregon Attorney General. This process incorporates many elements that have been discussed at the Siblings of Destiny meetings, by the Governance Group and other members of the Sangat, including the touchstones of transparency and inclusion.

The overview of the process is as follows:

1.   Nominations will be solicited for 15 positions on this Board. All members of the 3HO/Sikh Dharma Community are eligible to submit nominations.
2.   Vetting will be done to check that the nominees meet the mandatory eligibility requirements. (described below)
3.   Candidates will be voted for by “Eligible Voters” (described below) via a secure on-line voting site.

This document contains a great deal of pertinent information. Please read it thoroughly.

Here are the elements of the process:

1.   Function, Duties and Responsibilities of Members of this Initial Board
2.   Initial Board Eligibility Requirements
3.   Desirable Skills and Attributes
4.   Nomination, Vetting and Selection Groups and Processes
5.   Time – Line
6.   Web Link to Submit Nominations

1.   Function, Duties and Responsibilities of Initial Board Members

(The following description of the function, duties and responsibilities of the Initial Members of this Board is somewhat contingent upon the litigation environment in which this Board may be required to function. This outline is set forth in part for those who may be interested in serving so that they get a sense of the duties, responsibilities and time commitment that may be involved in serving on this Initial Board.)

Function: (In the event we have the opportunity to repopulate the SSSC Board)*

(*Note: if a separate non-profit is formed to work with the Receiver, the nature and scope of the duties of this Initial Board is at this time unknown and therefore has not been enumerated in this letter.)

  1. The Siri Singh Sahib Corporation Board is the highest authority of the Siri Singh Sahib Yogi Bhajan inspired family of For-profit & Non-Profit organizations. These are Sikh Dharma International, 3HO, KRI, SDEI (Miri Piri Academy), Sikhnet, East-West Tea Company, LLC (formerly Golden Temple of Oregon, LLC) and Akal Security, Inc. (hereinafter referred to as the “Organizations”).
  2. The SSSC Board acts to ensure that the Siri Singh Sahib’s vision and consciousness permeate all activities of the legacy Organizations.
  3. The SSSC Board sets goals, provides direction and guidance, and maintains the integrity, projection, and group consciousness of the Organizations.
  4. As the highest level of leadership, the SSSC board must exemplify the highest values and standards of conduct and consciousness.

Duties and Responsibilities: (In the event we have the opportunity to repopulate the SSSC Board)*

The general responsibilities of the SSSC Board during this period of litigation and transition may include, but are not limited to:

  1. Taking all steps necessary to secure the tangible and intangible assets of the Organizations.
  2. Continuing to be engaged in the prosecution and resolution of the on-going litigation, and interfacing with any court appointed receiver and other professionals engaged by him/her.
  3. Reviewing the status of the Organizations and working with legal and accounting professionals to simplify our Organizational structure and to implement good governance procedures for our Organizations.
  4. Establishing and/or updating Organization wide reporting and oversight systems, including adopting a conflict of interest policy, instituting checks and balances, manifesting inclusion and transparency where possible, and amending corporate documents where necessary.
  5. Appointing and supervising an Unto Infinity (UI) Board as necessary
  6. Establishing the overarching policies within which the Organizations operate.
  7. Allocating financial resources among the Organizations and working with the Organizations on fundraising.
  8. Evaluating and/or replacing board members of the Organizations, including representation from the International community
  9. Reviewing and approving annual goals, operating budgets, and business plans for the Organizations.
  10. Considering grievances, appeals, and feedback regarding their own decisions or actions as well as those taken by the Organizations.
  11. Interacting with the 3HO/ Sikh Dharma Community through teaching, traveling, counseling and communicating.
  12. Other actions deemed necessary or appropriate.

Composition of the Initial Board:

The Initial Board will consist of 17 members:

  1. 15 elected members; and
  2. the Siri Sikdar Sahiba; and
  3. the Bhai Sahiba
  • The Chancellor or the Chancellor’s designee, be required to be present at all meetings of the Initial Board as non-voting legal counsel.

Compensation:

  1. Board members are unpaid volunteers
  2. Board members shall be reimbursed for travel, lodging, and meal costs directly related to their responsibilities as Board members (at a rate to be established.)
  3. This Initial Board will have a reasonable budget to fund these reimbursements.

Legal:

  1. This Initial Board will create a budget for the Board, and determine the funding source.
  2. Board members will be covered by a Directors & Officers (D&O) insurance policy if one is available, and in any event, they will be indemnified to the full extent of the law.
  3. The Initial Board will have a reasonable budget to engage outside counsel as needed for legal advisement and representation.

Time Commitment:

  1. It is initially anticipated that there will be a significant time commitment to serve on this Initial Board. It is reasonable to estimate that it will require a minimum of 6 – 15 hours of service per week.
  2. It is anticipated that post-litigation this Initial Board will likely meet a minimum of 4 times each year in person and hold monthly telephonic meetings.
  3. It is anticipated that the initial term of the Initial Board shall be for one (1) to two (2) years. This will be dependent on a variety of factors including but not limited to ongoing appeals and other litigation and court, AG, and/or Receiver oversight of Board activity.

2. Initial Board Eligibility Requirements

Mandatory Eligibility Requirements

In order to serve on this Initial Board, a person must meet the three following mandatory eligibility requirements:

  1. A) He or she has been a Minister of Sikh Dharma International in good standing for the years 2011 – 2012 and 2012 – 2013 (a grace period until June 30, 2012 will be given to complete the minister renewal for 2012 – 2013.

OR

2.   B) He or she is an active Khalsa Council member as of September 2009, and is a Minister of Sikh Dharma International (a grace period will be given for person’s to bring their ministership current through 2012 – 2013.) Excluded are those who no longer hold their ex-officio positions on Khalsa Council, (meaning they were on the Khalsa Council by virtue of their job or position, and they no longer hold that job or position.)

2. AND He or she has been an annual donor to Dasvandh or has been a donor to one or more of the Organizations for the prior 2 years.

3. AND He or she is a United States citizen (due to certain regulatory requirements.)

(Note: If you are uncertain if you are a Minister in good standing, to get a current Minister Card or to complete your renewal for 2012 – 2013, you may contact Ek Ong Kar Kaur in Los Angeles at: ekongkarkaur@earthlink.net)

Mandatory Exclusions:

A person who is subject to any one of the below referenced exclusions shall NOT be eligible to serve on the Initial Board.

  1. Is a threat to the security of the United States or has any foreign interests which conflict with the interests of the United States.
  2. Has been convicted of or admitted to any felony offense or an equivalent offense in the United States or any other country or is currently charged with or under indictment for any felony offense in the United States or any other country*.(*To be determined by a criminal background check)
  3. Is now and/or since March 15, 2010 has been a named defendant and/or a director or officer (or spouse of such director or officer) of a defendant entity in the consolidated lawsuits: Khalsa, et al v. Khalsa et al and State of Oregon et al v. Siri Singh Sahib Corp., et al filed in Multnomah County, Case No. 1010-14518, which defendant(s) and defendant entities are:

Kartar S. Khalsa; Sopurkh Kaur Khalsa; Peraim Kaur Khalsa; Siri Karm Kaur Khalsa; Karam S. Khalsa; Ajeet S. Khalsa, Guru Hari S. Khalsa, Gurudhan S. Khalsa, Robert Ziehl, Unto Infinity, LLC; Siri Singh Sahib Corporation; Golden Temple of Oregon LLC; Golden Temple Management, LLC; Sikh Dharma Stewardship LLC; Sikh Dharma International; KIIT.

Other Terms and Conditions

  1. A person serving on this Initial Board cannot concurrently serve as a director of any other entity of the Organization, with the exception of ex-officio members (that is, members who are only members due to their office in another entity of the Organization).
  2. If elected, an Initial Board member has 60 days to resign from another board in order to meet the requirements of section (1) above.
  3. No individuals related by blood, marriage (including step-relations), or as domestic partners may serve on this Initial Board in concurrent or overlapping terms

There are approximately 160 Ministers of Sikh Dharma International who are eligible to serve on the Initial Board.

3. Desirable Skills and Attributes

Desirable Organizational Skills and Experience

  1. Community Service Experience. It is desirable that a Candidate is currently serving or has served in a leadership capacity for at least 5 years in one or more of the Organizations or in a local Sikh Dharma community, such as:
  • Active member of the Khalsa Council of Sikh Dharma as of Sept. 2009, under the rules of the KC
  • A member of a local Sikh Dharma community council or management committee, or
  • An Executive Committee member, officer or board member of one of the Organizations

2. Other desirable organizational skills include:

  • Leadership skills and experience
  • Analytical decision-making and problem-solving
  • Communication
  • Mediation
  • Networking
  • Finance
  • Management
  • Teamwork

3. Desirable personal attributes include:

  • Siri Singh Sahib mission oriented
  • Regular daily sadhana
  • Exceptional integrity
  • High ethical standards
  • Extremely trustworthy
  • Inspirational to others
  • Vision and consciousness
  • Hard-working, self-directed, diligent

4. Nomination, Vetting and Selection Processes

Introduction

The following is a description of the Nominating, Vetting and Selection Process for this Initial Board.

We will utilize a secure on-line system to nominate candidates and to elect those candidates once they have passed through the vetting process. Survey Monkey will be used for the Nomination Process. Balloteer will be used for the Election Process.

Nominating Process – April 29 – May 4, 2012

In the spirit of inclusion and participation of our global community:

  1. All members of the 3HO/Sikh Dharma Community can participate in the Nomination Process. Each person can nominate up to 15 people for this Initial Board. (This letter is being sent to over 4000 people.)
  2. An individual can also nominate him or herself.
  3. Note: In order to serve on this Initial Board, the individual who has been nominated must meet the “Mandatory Eligibility Requirements” and must not be subject to any of the “Mandatory Exclusions” (See “Initial Board Eligibility Requirements” above). If you are not sure whether someone meets these requirements, you may nonetheless nominate them and it will be determined at the vetting stage whether they will move forward as a Candidate.

How to Nominate:

We are using Survey Monkey to collect the nominations. There is a link below and also at the end of this letter. Click on one of the links to submit up to 15 nominations. The link will be active from April 29th at 10AM Eastern until May 4th at 11PM Eastern.

CLICK HERE TO NOMINATE CANDIDATES

If you need technical assistance with the Nomination process, please email: ssscnominations@gmail.com

Vetting Process – May 6 – 13, 2012

  1. Nominees will be vetted against the “Mandatory eligibility requirements” and “Mandatory exclusions”.
  2. Vetting will be performed under the direction of the Chancellor and by a subcommittee of the Siblings of Destiny Executive Committee (“Vetting Team”).
  3. All nominees who meet the eligibility requirements and mandatory exclusions will be contacted by the Vetting Team to ascertain whether they are willing and able to serve.
  4. Interested nominees must submit a Candidate Statement by May 8th, along with proof that they have been a donor to one or more Organizations during the past two years.
  5. The “Candidate Statement” will include government photo I.D., copy of their current Minister Card, personal contact information and a questionnaire, giving insight into their qualifications, character, Dharmic experience, leadership experience, and vision for the Dharma. All Candidate statements will be posted on the voting site.

Selection Process – May 16 – 20, 2012

Eligible Voters – Consistent with concept of inclusion, consistent with the Judge’s finding regarding standing, and consistent with our Prayer for Relief, the Eligible Voters (“Voters”) will consist of:

  1. Ministers of Sikh Dharma International in good standing for the year 2011 – 2012 and/or 2012 – 2013
  2. Active Khalsa Council members (as of Sept. 2009)
  3. Siblings of Destiny Meeting attendees
  4. Legal Fund Supporters

Excluded from voting are individuals who meet the “Mandatory exclusions” identified above.

(There are approximately 460 eligible voters)

How to vote:

  1. Voters will receive via email a link to the Balloteer on-line voting site.
  2. Each Voter may vote for up to 15 candidates to serve as members of the Initial board.
  3. Voters may not vote multiple times for the same Candidate.
  4. The votes will tallied by Balloteer and certified by the Chancellor and the Assistant Chancellor.
  5. The top 15 vote-getters along with the Siri Sikdar Sahiba and the Bhai Sahiba will be the Initial Board.
  • There will be a final vetting at this stage in order to identify any individuals in the top 15 who are related to each other by blood, marriage (including step-relations), or as domestic partners. Persons falling within this category will be contacted and the related parties will determine who will decline to serve. The next highest vote getter will then move onto the Board and this issue will be reviewed again until 15 unrelated parties have been seated.
  • The final 15 persons shall undergo a criminal background screening

5. Time – Line

April 29 – May 4 – Nomination Process

  • Begins April 29th at 10am Eastern
  • Closes on May 4th at 11pm Eastern

May 6 – 13 – Vetting Process

May 13 – All Candidate Statements Due

May 15 – All Candidates will be posted on On-line Voting Site

May 16- Letter sent to Voters which includes:

  • Link to Voting Site
  • Instructions for voting

May 16 – 20 – Selection Process

  • Begins May 16th at 10am Eastern
  • Closes on May 20th at 11pm Eastern

May 21- 3HO/Sikh Dharma Community informed of Election Results

6. Link to Submit Nominations

Please click this link to take you to the Nomination Site, where you can submit your nominations. This link will be active from April 29th at 10AM Eastern until May 4th at 11PM Eastern.

CLICK HERE TO NOMINATE CANDIDATES

If you need technical assistance with the Nomination process, please send an email to: ssscnominations@gmail.com

This process is an exciting and significant step in building the future of our Dharma. We invite you to post your comments or feedback on this process on the SDW blog at: community.sikhdharmaworldwide.org

This is a great opportunity to work together in trust, unity and cooperation to serve the legacy of the Siri Singh Sahib and to further the work of the 3HO/Sikh Dharma family of non-profit and for-profit Organizations.

Blessings to all,

SS Gurujot Kaur Khalsa

Secretary General

Sikh Dharma Worldwide

Sikh Dharma Worldwide | PO Box 2213 | Espanola | NM | 87532 www.sikhdharmaworldwide.org – (505) 629-1562

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Legal Update and Executive Committee Report – Part I

Sikh Dharma Worldwide - www.sikhdharmaworldwide.org(505) 629-1562
PO Box 2213, Espanola, NM 87532 

Legal Update & Executive Committee Report

Part I

 March 29, 2012

Dear Members of the Sadh Sangat,

Sat Nam and blessings to all. We are at a defining time in our Dharma, and we are being called upon to shape the future of the Sikh Dharma family of non-profits and for-profit entities.  The following report is Part I of a series of communications that will be sent to the Sangat regarding our current legal status and the next steps for moving forward.  Please read this document thoroughly, as we all will be called to action in the coming days.


Legal Update

In our last legal update we reported that the Bankruptcy Court Judge, Judge Frank R Alley set a hearing on Friday, March 23, 2012 in Eugene, Oregon to hear our motion to remand our case back to Judge Roberts in conjunction with our motion for Relief from Stay.

We are happy to report that on Friday, after hearing 1 1/2 hours of arguments, Judge Alley issued a ruling which allows Judge Roberts to issue the balance of her ruling including remedies.  Judge Alley concluded that “the motion to remand” the case back to Judge Roberts “must be allowed. (See “Transcript Judge Alley Ruling” on SDW legal archive page.)  The Judge stated, “I am of the view that substantial if not compelling equitable grounds exit to remand this case to the Circuit Court so that the matter may proceed to entry of a final judgement without further delay”.  

We were informed yesterday, March 28, 2012 that the Orders granting the Relief from Stay have been signed by Judge Alley.  The signed orders will be sent to Judge Roberts. (See: “GTM Order for Relief from Stay”, “Kartar Order for Relief from Stay” and “Kartar Remand Order”which are posted on the SDW legal archive page.) Upon receipt of Judge Alley’s signed order, Judge Roberts will be free to rule in the State Court case.

 

This means that Judge Roberts can now issue the balance of her ruling including remedies covering of all aspects of our lawsuit.  She has previously indicated that she “was on the eve” of issuing her ruling prior to the Defendants’ bankruptcy filing. Part of the relief requested in our lawsuit includes the removal of the current members of the SSSC and UI Boards and the repopulation of the SSSC and UI Boards.

As mentioned in my communication to the Siblings of Destiny e-group on Sunday, March 25, 2012, this is an extremely significant time in our legal process. As a result of Friday’s ruling, we have been advised by our lawyers that there is an immediate need to establish a process to nominate, vet and select new members to repopulate the SSSC board.  This task needs to be implemented and completed within 3 weeks, in the event that Judge Roberts requests such a member list and/or repopulation plan as part of her remedies ruling.

Most importantly, we must be able to demonstrate to the Attorney General of Oregon and to Judge Roberts that our community is able to determine and implement a process for the selection of this board in a manner consistent with our Complaint, in a manner consistent with our Prayer for Relief, and in a manner consistent with currently accepted legal guidelines and best practices for corporate governance.

Siblings of Destiny Executive Committee (SODEC) Meeting

The Siblings of Destiny Executive Committee which meets 2 – 4 times each year to plan the agenda for the upcoming Siblings of Destiny meeting, met this past weekend in Espanola, New Mexico.

As a result of Judge Alley’s ruling referenced above, the SODEC was tasked by the Plaintiffs and the Plaintiff’s Counsel with developing and implementing this nominating, vetting and selection process to repopulate the SSSC Board within the 3 week time frame. The SODEC had already scheduled a meeting in Espanola on Saturday, March 24th, and this “task” became the primary focus and topic for discussion of the meeting. The SODEC met for 12 hours on Saturday and 4 hours on Sunday with the intention of defining a selection process that will serve the highest good for the future of the Dharma.

For those who may be unfamiliar with the Siblings of Destiny Executive Committee, the SODEC is comprised of the following individuals:

  1. The members of the Executive Committee of the Khalsa Council (as it existed before it was suspended in 2009), which includes the elected representatives from the various Sections),
  2. Representatives of the SDW Board and Officers
  3. The Bhai Sahiba
  4. The Siri Singh Sahib’s three children
  5. The Chairpersons and facilitators of the Focus Areas of the Siblings of Destiny meetings (Leadership and Governance; Funding the Mission of the Khalsa; Raising Spirit and Community; Identity, Values and Service)
The following are the members: (Those who were unable to attend this meeting either in person or via telephone have an asterisk by their name.)


S. Guru Amrit Kaur *
Bibiji Inderjit Kaur
SS Gurujot Kaur
SS Amrit Kaur, Chancellor
SS Gurujodha Singh
SS Pritpal Kaur
SS Sat Kaur *
SS Siri Ram Kaur
SS Jai Singh
MSS Hari Jiwan Singh
MSS Guru Neil Singh
SS Sat Bachan Kaur
SS Guru Amrit Singh *
SS Sangeet Kaur (Phoenix) *
SS Sat Mohine Kaur
SS Siri Vishnu Singh
SS Shanti Kaur
SS Guru Kirin Kaur, Comptroller
SS SatSundri Kaur
SS Avtar Hari Singh
MSS Kirtan Singh
MSS Guru Raj Kaur *
MSS Guru Singh *
SS Ranbir Singh
SS Kulbir Singh
SS Kamaljit Kaur
SS Sat Mander Kaur
SS Kirpal Singh
SS Siri Mukta Singh
SS Satwant Singh
Sat Kartar Singh

The individuals listed above have a long history of service to our Dharmic Community, and represent a broad spectrum of perspectives and viewpoints.

Based on a thorough and comprehensive discussion this past weekend, considering a variety of elements including but not limited to: Dharmic values, a review of the pleadings in this matter, input from past Siblings meetings and the Governance Group, and input from Plaintiffs’ counsel, the SODEC members in attendance determined that the following Key Elements are essential in any process to repopulate the SSSC Board in a manner consistent with our Complaint, in a manner consistent with our Prayer for Relief, in a manner consistent with currently accepted guidelines and best practices for corporate governance, and in a manner which reflects the values of our Dharma:

Key Elements  
  1. Ministers in Good Standing – Plaintiffs have alleged and have been granted “special interest standing” based on their representative status as Sikh Dharma Ministers.
  2. Involvement of Khalsa Council – Our Prayer for Relief states: “That the court, in the exercise of its general equity power, consider and determine the appropriate process by which to reconstitute the Boards of SSSC and UI, including permitting the Khalsa Council to elect, by majority vote, those directors.”
  3. Sangat Participation – Honoring the express intent of the Sangat to be an integral part of any governance process articulated in venues including but not limited to the Siblings of Destiny meetings, the Governance Group and other Focus Areas, in order to insure that the process is inclusive and transparent.
  4. Process and Result Consistent with Current Established Legal and Corporate Governance Best Practices – Making certain that any process and subsequent Board membership is consistent with established legal and corporate governance best practices.
Over the next several days, we will be sending out another email, Part II, which will explain and detail the nature of the process that was developed and its operative elements. This includes: defining the nomination, vetting and selection groups, defining the nomination, vetting and selection processes, the eligibility requirements for serving on the SSSC Board and an explanation of the duties and responsibilities of the SSSC Board. (Please note that the process itself and these elements may be subject to the vagaries in the on-going litigation which surrounds this transition.)


Please note that since this process will involve among others, the participation of Ministers in Good Standing, it is recommended that those who are Ministers of Sikh Dharma, but may not be current with their requirements, take this opportunity to bring themselves into good standing.

This is truly an exciting time in our Dharma.  Each part of this process is the result of thousands of hours of work and discussion from hundreds of members of our Sangat.  It is a significant first step, and much more work will need to be done to shape the structure and governance practices of our Dharma over the coming months and years.  This process will take dedication, hard work and patience.  In order to serve the future of our Dharma it is essential that we work together in trust, unity and cooperation.  We have a great opportunity ahead of us to serve the future of our Dharma and the Siri Singh Sahib’s legacy. Let’s build our future together and manifest the dignity and divinity of the Khalsa.

Blessings to all,
SS Gurujot Kaur Khalsa

Secretary General
Sikh Dharma Worldwide

Sikh Dharma Worldwide - www.sikhdharmaworldwide.org(505) 629-1562      PO Box 2213, Espanola, NM 87532
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March 2012 SDW Newsletter

Sat Nam!

Visit our Sikh Dharma Worldwide Blog to see the March 2012 Community Connections newsletter.

http://community.sikhdharmaworldwide.org/

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Legal Update – March 2012

March 15, 2012

Dear Members of the Sadh Sangat,

 Sat Nam and blessings to all. There has been a flurry of activity in both the State and Bankruptcy cases in the past two weeks.

As written in the SDW March newsletter, Kartar Singh and Golden Temple Management, LLC filed for Chapter 11 bankruptcy on February 17th.  Under Federal Bankruptcy law, the filing of the bankruptcy petition stayed (or stopped) Judge Roberts from ruling against the bankrupt defendants.  Judge Roberts requested briefing from all the parties as to the impact of the bankruptcy filing on her ability to enter her Remedies order against the other defendants who have not filed for bankruptcy protection. Between February 29th and March 7th, all the parties submitted the requested briefing to Judge Roberts regarding her ability to rule on some issues despite the bankruptcy court automatic stay.

On February 29th there was an expedited hearing  at which Golden Temple of Oregon, LLC change its name to East-West Tea Company, LLC. This name change was necessary as GTO was required by terms of the 2010 sale of the cereal division to Hearthside to stop using the name Golden Temple within two years of the sale.  We no longer have the right to use the name Golden Temple.

On March 7th, UI, Kartar and GTM filed a Notice of Removal in the State Court action removing the entire case from Judge Roberts to the Bankruptcy Court.  This action (if unchallenged) deprives Judge Robert of the ability to issue any ruling in the State case, instead making the bankruptcy court the new judge for the issues in the State case.  Judge Roberts promptly issued an order stating her intent to hold a Status Conference in April.  It has been set for 2:30 PM PDT on April 11th.
On March 8th and 9th, the State and Private Plaintiffs each filed an expedited Motion to Remand the Case back to State Court due to the fact that Judge Roberts is ready to rule and starting the case over again in Bankruptcy court would be inefficient and expensive. On March 13th the State and Private Plaintiffs also filed a Joint Motion for Relief from Stay and Regarding Applicability of the Stay.  The Motion argues that the bankruptcy automatic stay does not bar Judge Roberts from entering an order concerning the property she found is held in constructive trust for the community.  This is because trust property does not belong to the trustee personally, so if the trustee files bankruptcy, the trust property is not part of the bankruptcy estate.  If the bankruptcy court grants both motions, the case would be returned to Judge Roberts who finally would be able to issue her ruling on the case.

On March 9th, the bankruptcy court judge, Judge Frank R. Alley III, granted the expedited motions and issued an order to set a hearing on Friday, March 23rd at 10 a.m. in the Bankruptcy Court in Eugene, Oregon, on both the remand motion and the motion for relief from stay.  Judge Alley also continued Judge Roberts’ January 9th standstill order.

On March 12th, GTM filed a valuation report stating that GTO is currently worth $50 Million so GTM’s  interest is worth $40 Million. As stated in the report, the decreased valuation from the time of the Hearthside sale is based on the loss in 2011 of the undisputed right to use the “Yogi” brand and the ongoing litigation regarding its use of the brand.  The statement concludes with the sentence that “The estimate has not been audited or otherwise approved by any entity other than Debtor [GTM].”

As part of the regular bankruptcy proceedings, there will be a Meeting of Creditors on Monday, March 19th, where the State and our attorney will have the opportunity to question the debtors concerning their assets.  This may be followed at a later date by more in depth depositions of the debtors.

All of the pleadings are posted in the Legal Documents Archive section of the SDW website. We will keep you informed of further developments.

We appreciate everyone’s continuing prayers and support.  Our legal effort continues to require our commitment and dedication.  To support the Legal Fund as these proceedings continue, please call us at 505-629-1562 or go on-line to contribute a donation at www.sikhdharmaworldwide.org .  May we keep up and move forward in unity and purity of consciousness to serve the mission of Sikh Dharma and the legacy of our beloved Siri Singh Sahib Ji.

 Blessings to all,

SS Gurujot Kaur Khalsa

Secretary General

Sikh Dharma Worldwide

 Sikh Dharma Worldwide - www.sikhdharmaworldwide.org(505) 629-1562     
PO Box 2213, Espanola, NM 87532

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Legal Update – February 2012

 February 15, 2012
Dear Members of the Sadh Sangat,
 
Sat Nam and blessings to all. As reported in our last legal update, on January 17th, all parties in our lawsuit submitted briefs on Remedies to Judge Roberts.  Since that time, most of the parties have also submitted to the court supplemental remedies briefs, (which are basically rebuttals to the other briefs).  All the Supplemental Remedies Briefs are posted in the Legal Archive section of the SDW website along with a copy of the recent US Supreme Court case all the parties refer to in their briefs.
 
A short summary of the Private Plaintiffs’ Response to Remedies, is set out in the introduction of our supplemental brief as follows:

  • In sum, private plaintiffs’ continue to request, and are entitled to, the remedies requested in previous briefing, including, but not limited to: removing breaching fiduciaries from the various boards and providing for their replacement through SSSC’s 1997 articles and bylaws, voiding the 2007 transaction, and ordering the return of all trust monies distributed to the various defendants.”

The entire brief is in the Legal Archive section of the SDW website. We will keep you informed of any further proceedings.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The following letter was posted on the Siblings of Destiny e-group on January 26th by Gurujodha Singh giving his perspective on the remedies requested and the status of the case:
 
Are We There Yet?
 
Dearest Siblings:
“Are we there yet?”  Remember those long rides sitting in the back seat of your parents’ car on the New Jersey Turnpike or the Baltimore Beltway or perhaps on the I-40 or Route 66 when you would plaintively ask : “Are we there yet?”  And of course your parents would respond: “Almost, sweetie”. Of course “almost” was never 15 or 20 minutes long but was usually more like five or six hours of looking at your Buster Brown shoes or re-coloring in your coloring book while you waited for this seemingly interminable ride to be over. The only thing that kept you going was that thought of Grandma’s hug or dipping your toes in the 6 inch waves of the Atlantic Ocean.
 
Well, we are in a similar situation regarding this lawsuit. Many people are asking “Are we there yet?” and the answer is “Almost”. But just like that long summer vacation ride we are still some distance from the ultimate end of this case.
 
Recent events in this case include:
 
■UI Defendants hire separate Legal Counsel
■ Hearing on Attorney General’s Motion – for “Appointment of a Receiver” for UI, KIIT, SSSC and SSS of SD.
1. Judge denies  AG request for the appointment of a Receiver.
2. Judge issues an “Order Regarding Transfer of Assets Pending Entry of Judgment”
■ Mediation re: Bibiji’s Federal Lawsuit – Thursday, January 12, 2012.
■ Submission of Briefs on Remedies – On Tuesday, January 17, 2012.
 
Private Plaintiffs Brief includes requests to:
 
1.Void the Joint Venture transaction (return the businesses back to trust ownership);
2.In the alternative to voiding the Joint Venture transaction, award money damages: (against individual UI defendants and GTM and its members: $124,134,298, plus interest, with joint and several liability);
3.Disgorge profits from the sale of the cereal division, with interest and with joint and several liability;
4.Disgorge the compensation and bonuses received by UI managers with interest and with joint and several liability;
5.Remove defendants who have violated fiduciary duties from the SSC, UI, KIIT and GTO Boards;
6.Award private plaintiffs  attorney fees and costs;
7.Deny indemnification to defendants and order the repayment of funds previously advanced;
8.Require the repayment of any trust funds used to effectuate the joint venture or pay for the defense of this lawsuit;
9.Order an accounting of trust funds performed by a receiver.
 
■ On January 13, 2012, Siri Karm Kaur Khalsa, Peraim Kaur Khalsa & Sopurkh Kaur Khalsa filed a lawsuit against Schwabe Williamson & Wyatt, Roy Lambert, Gary Roberts, Cogence Group and Jay Sickler.
 
■ On January 17, 2012, Unto Infinity and KIIT filed a lawsuit against Roy Lambert and Schwabe Williamson & Wyatt for legal malpractice. The lawsuit is for $62 million.
 
■ Plaintiffs are awaiting the Judge’s ruling on Remedies.
 
Clearly, even non-lawyers may be able to discern that there are a few more “bathroom stops and peanut butter and jelly sandwiches” between now and the end of the case.
The events set forth above make three things abundantly clear to me:
1. There are now more lawyers involved in this case.
2. I suspect there will be more motions, more oppositions to motions to be filed, more court appearances, more mediation appearances, more correspondence, more phone calls, more client meetings, potential appeals of the case in chief and/or law and motion rulings by the judge- in short more work for our attorneys to perform. 
3. We will be paying more attorneys fees.
 
Rest assured as I read the Private Plaintiffs Amended Complaint and Remedies Brief we have asked the Court to order that the defendants pay our attorneys fees and costs. But that’s a little like the ride to Grandma’s house described above-first you have to get there to enjoy her hug and ensuing hot  apple pie.
 
In the meantime we have to “pony up” this money. Yes this case has cost a great deal to date. But compared to the value of these teachings, compared to the future we committed to create for our children and their children, compared to the internal promise we made to the SSS and the promise he made to us in return, compared to the value of the assets, businesses and properties that were built and acquired for this Dharma and its future, I dare say the amount we have paid to date is comparatively a small sum.
 
Moreover, the initial results were well worth the initial investment. Now if we desire to complete what we started and secure this Dharma, these assets and the best outcome possible for this case we need to do two (2) things:
a.) Pay the current outstanding balance with Davis, Wright, Tremaine (DWT) down to zero; and
b.)  Continue to expand the donation stream that will support the aggressive prosecution  of this case by the lawyers we have retained to represent us.
 
Finally, it should be noted that DWT is not a non-profit entity. They intend to make the best use of the resources they have at their disposal which includes the skills and minds of the lawyers they have working for them. They will allocate those professional resources in a manner which maximizes the profitability of each case- for them. Their law firm is a business. We need to understand this business reality and appreciate that in order to have the top litigation partner (John McGrory) and other top tier attorneys (Andy McStay, et al) continue to work on our case it is less a matter of cosmic entitlement and more an earthly matter of paying the bill.
 
So my recommended action plan:  dig down, reach out, meditate, contemplate, communicate, do what it takes, but don’t wait- sacrifice, be nice, roll the dice, if you need to- get advice,  clear the decks, and write some big checks:) Continue to financially support this litigation effort.
 
Are we there yet? …Almost.
 
S.S. Gurujodha S. Khalsa
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 
 
Much gratitude to all for your continuing prayers and support.  Our legal effort continues to require our commitment and dedication.  To support the Legal Fund as these proceedings continue, please call us at 505-629-1562 or go on-line to contribute a donation at www.sikhdharmaworldwide.org .  May we keep up and move forward in unity and purity of consciousness to serve the mission of Sikh Dharma and the legacy of our beloved Siri Singh Sahib Ji.
 
Blessings to all,
 
SS Gurujot Kaur Khalsa
Secretary General
Sikh Dharma Worldwide

  
Sikh Dharma Worldwide – www.sikhdharmaworldwide.org – (505) 629-1562     
Sikh Dharma Worldwide | PO Box 2213 | Espanola | NM | 87532

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Legal Update: January 2012

January 20, 2012
Dear Members of the Sadh Sangat,

Sat Nam and blessings to all. The following is a summary of the legal events of the past two weeks. For further details, please read the documents which are all posted in the Legal Archive section of the SDW website: www.sikhdharmaworldwide.org

  • UI Defendants hire separate Legal Counsel – As a result of the Judge’s ruling on our case in which she found the UI defendants liable for Breach of Fiduciary Duty, Aiding and Abetting Breach of Fiduciary Duty and Unjust Enrichment, the individual defendants have had to hire separate legal counsel. There are now seven sets of attorneys representing the defendants.
  • Hearing on Attorney General’s Motion – A hearing was held on January 5, 2012 and continued on January 9, 2012 regarding the Attorney General’s motion for “Appointment of a Receiver” for UI, KIIT, SSSC and SSS of SD. Included in the motion was the request to “Prohibit each and every defendant from transferring assets outside the ordinary course of business”. (The AG’s motion and the responses of all parties to the motion are posted on the Legal Archive section under the heading “AG’s Motion for Appointment of a Receiver”). The following were the results of the hearing:
  1. The Judge denied the request for the appointment of a Receiver at that time.
  2. The Judge issued an “Order Regarding Transfer of Assets Pending Entry of Judgement”, which stated that the Defendants (Kartar Singh Khalsa, Sopurkh Kaur Khalsa, Peraim Kaur Khalsa, Siri Karam Kaur Khalsa, Unto Infinity, LLC, Sikh Dharma Stewardship, LLC, Siri Singh Sahib Corp, Golden Temple Management, LLC, SDI, Karam S. Khalsa, Ajeet S. Khalsa, Guru Hari S. Khalsa, Gurudhan S. Khalsa and KIIT Co. Inc.) “will refrain from making any transfers of interests in their assets, other than routine transfers and expenditures in the ordinary course, unless consented-to in writing by Plaintiffs or authorized by this Court”…..”A transfer or expenditure is neither routine nor in the ordinary course if it is made for the purpose of paying attorney fees…” The Judge further stated that “Assets found by this Court to be trust assets, or the proceeds of Trust assets…are prohibited from being used for indemnification, advancement of legal expenses, or reimbursement of legal expenses of any of the individual defendants, including for their past, present, or future legal fees and expenses incurred in connection with this litigation.”
  • Mediation re: Bibiji’s Federal Lawsuit – A mediation was held in Portland on Thursday, January 12, 2012 for the parties involved in Bibiji’s Federal lawsuit against Roy Lambert, the UI defendants and Karam Singh. Although we are not parties to the litigation, the mediating Federal Judge requested that we participate. John McGrory, his partner Jim Waggoner, Avtar Hari Singh and Chancellor Amrit Kaur were present. The mediation process continued through the day and may resume in February.
  • Submission of Briefs on Remedies – On Tuesday, January 17, 2012, all parties in our lawsuit submitted briefs on Remedies to Judge Roberts, as requested. All the briefs can be found under the “Briefing on Remedies” heading in the Legal Archive section of the SDW website. The main points of our supplemental brief, entitled “Private Plaintiff’s Supplemental Memorandum Regarding Remedies” are as follows:
  1. Void the Joint Venture transaction (return the businesses back to trust ownership);
  2. In the alternative to voiding the Joint Venture transaction, award money damages: (against individual UI defendants and GTM and its members: $124,134,298, plus interest, with joint and several liability);
  3. Disgorge profits from the sale of the cereal division, with interest and with joint and several liability;
  4. Disgorge the compensation and bonuses received by UI managers with interest and with joint and several liability;
  5. Remove defendants who have violated fiduciary duties from the SSC, UI, KIIT and GTO Boards;
  6. Award private plaintiffs attorney fees and costs;
  7. Deny indemnification to defendants and order the repayment of funds previously advanced;
  8. Require the repayment of any trust funds used to effectuate the joint venture or pay for the defense of this lawsuit;
  9. Order an accounting of trust funds performed by a receiver.
  • On January 13, 2012, Siri Karm Kaur Khalsa, Peraim Kaur Khalsa & Sopurkh Kaur Khalsa filed a lawsuit against Schwabe Williamson & Wyatt, Roy Lambert, Gary Roberts, Cogence Group and Jay Sickler. They sued for legal malpractice. Jay Sickler and the Cogence Group were the appraisers for the 2007 transaction. The lawsuit is for $60 million.
  • On January 17, 2012, Unto Infinity and KIIT filed a lawsuit against Roy Lambert and Schwabe Williamson & Wyatt for legal malpractice. The lawsuit is for $62 million.
  • We are awaiting the Judge’s ruling on Remedies.

Much gratitude to all for your continuing prayers and support. Our legal effort continues to require our commitment and dedication. To support the Legal Fund as these proceedings continue, please call us at 505-629-1562 or go on-line to contribute a donation at www.sikhdharmaworldwide.org . May we keep up and move forward in unity and purity of consciousness to serve the mission of Sikh Dharma and the legacy of our beloved Siri Singh Sahib Ji.

Blessings to all,

SS Gurujot Kaur Khalsa

Secretary General

Sikh Dharma Worldwide

Sikh Dharma Worldwide – www.sikhdharmaworldwide.org – (505) 629-1562 PO Box 2213, Espanola, NM 87532

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