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Fellow MPBC church members attached are the additional Transcripts that resulted from the court hearing. They cover Deacon Clemons, Rev Pinkney and my, Micheal Davis, testimonies in the court hearing. Please read them when you get a chance. Please note sections highlighted in yellow. Please note the many mentions reference the lack of clarity, governance, and accountability in the 2006 Bylaws. If you have any questions, please call me – (571) 217-2227.

Fellow MPBC members, attached are Hon. Richard E. Gardiner Judge, Fairfax County Circuit Court signed the Temporary Injunction and Demurrer judgements and are posted to the website. A summary is posted below.

1. The Judge ruled against the Senior Pastor’s Lawyer to demurrer the Trustee’s Complaint (Dismiss a case). He ruled that the court accepts the factual assertions provided from the Trustees’ Complaint, who IAW the MPBC bylaws 3.2 G and Virginia Law 57 are executing their responsibilities as representatives of MPBC Church. As such, a “True and a Formal” Hearing will be held in the court to hear the complaint (Date TBD).

Attached is an extraction from the Judge Gardiner’s Transcript. It outlines in greater detail his legal reasoning for his decision.

“With regard to the demurrer to Count — count I, the demurrer is overruled. The Court — I believe that as to Count I, which is the claim for declaratory judgment that the trustees, first of all, have standing to bring this suit, seeking the declaratory judgment concerning the expenditures by the defendant. I don’t believe, as I said yesterday, and I’ll repeat just so the record is complete, that this matter concerns an ecclesiastical question.

And as I said, with regard to Count I, the claim for declaratory judgment, I —I’m overruling the demurrer because I believe that the contract — excuse me, the Complaint sets out sufficient facts showing that there is an ongoing dispute between the trustees, given their fiduciary obligations, and between — with the defendant and that there is dispute about what can happen in the future. And so I think a declaratory judgment is perfectly appropriate here, given the allegations in the Complaint.

Judge Gardiner’s complete transcript is attached to the Demurrer for review and analysis.

2. Judge Gardiner also signed the Temporary Injunction. His decision was that the Senior Pastor cannot:

a) Expending or directing others to expend any moneys not expressly allocated in the Mount Pleasant Baptist Church budget, as ratified in the Church’s annual business meeting, or as such budget is amended in a congregational meeting properly held pursuant to the Church’s Bylaws.

b) Taking any actions to remove any individual Trustees except that Dr. Donalson, in his role as Senior Pastor, may recommend said removal (in conjunction with the Trustees) pursuant to the process articulated under Section 3.2(F) of the Church’s Bylaws.

Judge Gardiner’s complete transcript for the Temporary Injunction is attached for review and analysis. I will send the rulings to Rev Holt, Rev Pinkney and Rev Donalson and request they post it on the realm. With the approval of the Trustees, I will post the judge’s decision on the Trustees’ website this morning.

The Trustees are inviting you to a scheduled Zoom meeting.
Topic: Trustees Informational Briefing-Injunction
Time: Jan 17, 2024 07:00 PM Eastern Time (US and Canada)

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Meeting ID: 839 2244 8806
Passcode: 133555

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Fellow Members of MPBC, the Trustees are hosting an Information (ZOOM) meeting reference the Injunction. The meeting will be held at 7:00 PM on 17 January 2024.

In preparation for the meeting, the Trustees have prepared and have posted below a PowerPoint Briefing for your information. We must remind everyone that the injunction will not be litigated in this meeting. The objective of the presentation is to provide church members with background information needed to understand why the Trustees executed the injunction and provide church members on the progress of the mediation.

trustees-information-presentation-17-jan-2024_final Download

On December 22, 2023 – an Amended Motion for Temporary Injunction was filed.

2023.12.22-amended-motion-for-preliminary-injunction-file-stamped Download

“Dear Member of Mt. Pleasant Baptist Church:

Enclosed is a request for injunction filed last week by the Trustees of the Church against Rev. Donalson to enjoin his ongoing violations of the Church’s Constitution, Bylaws, and Human Resource Practices. Please note that the Bylaws requires the Trustees to be stewards of the Church’s finances and its assets. As such, they have a fiduciary duty to the congregation. Sadly, their repeated written warnings about unapproved Church spending were not heeded by Rev. Donalson. That has left the judicial system as the only means to ensure compliance with the Church’s Constitution and Bylaws.

It is our hope that this lawsuit can be quickly resolved by an agreed upon order by all parties.

Mt. Pleasant Baptist Board of Trustees”

2023.11.28 Complaint. Motion for Prem. Injunction. Memo in Support (002)Download