Giving credit to the Black Press… An old proverb states, “…a friend in need is a friend indeed…” pretty basic and simple. One of the Black contractors recently asked if our media had been talking to the Seattle School District (SPS) about Black contractor business. A surprising but straight forward ‘direct from the horse’s mouth’ or behind (If you listen to some apparently mis-informed, self-serving, misguided Black ministers) question. The answer to this Black contractor’s question, whom we’ve known over the years and still know to be one of the most respected, honest and the hardest working person on behalf of Black contractors, is absolutely NO!

For the record, the community voice for the coalition of Black contractors stated on community potpourri that in one of the contractor’s apparent meetings with SPS, SPS officials stated that a small business roster had been published in our newspapers. Our contact with SPS was to inform them that this statement was not accurate. Our business is communication and not ‘con’ tractoring (as in con artist). So good brother Black contractor check your sources, their agenda, and be sure to check their hidden agenda. Remember we, through the Seattle Medium chairman, were recently with representatives of the Black Contractors and Carl Mack, then of the NAACP, at the table — at the request of the Black contractors — with Sound Transit and the General Contractor on Sound Transit’s Beacon Hill Project that resulted in a commitment from Sound Transit and that General Contractor for approximately $16.8 million dollars for Black Contractors. The community spokesperson for the coalition of Black Contractors, although he was not at that table, recently — cheerfully — acknowledged the contributions of Carl Mack and his Latino/Spanish community-based social service agency director, who like the coalition spokesperson was not at the table, made during these negotiations. However, he, as usual, had to be reminded of role that the chair of the Seattle Medium and Kris Bennett Broadcasting played in helping to get the $16.8 million. Although the spokesperson for the Coalition of Black Contractors regularly uses our media, particularly the community potpourri show, almost as his personal media outlet source to get his various information out regarding contractors – sometimes he even bootlegs an unsolicited free commercial or two for his friends – he of all people should never forget the Black Press. Particularly, our media, and its long history of support for Black Contractors. So brother Black Contractor, friend, and community spokesperson for the coalition of Black Contractors for over thirty (30) years the Black contractors never had to look to see what side of the street our media has been on for Black Contractors nor the Black Community in general. Our support has always been unconditionally strong. We have been there for you and the community. My question is why then is your, the Black Contractors, support for the Black Press, The Seattle Medium/ZTWINS, always conditional, if at all? For instance, the spokesperson for the Coalition of Black Contractors and Black Contractors in general has been a very silent voice and missing in action (MIA) in our struggle for Freedom of the Press issues with regards to the Black Press’ Freedom, Mt. Zion, and the Evergreen Association of Baptist Churches of America. Since we all have many community friends, allies, and coalitions in the Black Community as well as churches for most of us belong to God’s houses but tough decisions and ‘sitting this one out’ are unacceptable for contracting issues and unacceptable for Freedom of the Black Press issues. So, yes it is painful, shameful, disrespectful and disgraceful but the rights and freedoms we all struggle and fight for is not one dimensional, many times it is much more than contracting. Right is right and wrong is wrong. All of us should understand that the attempted organizational lynching against the Seattle Medium/ZTWINS was dead wrong. All of us should be troubled by this Willie Lynch style attempted lynching of the Black Press. If the Black Press is not available to advocate for you, where and who will you go to for support? If the Black Press’ well runs dry where will you go to for water to satisfy your economic thirst? Surely not the icon of civil rights at the historical Black Church presently located at 19th and East Madison for they can not instantly broadcast any Black community events to a Black audience anymore since that church is now hooked up to a white conservative Christian audience. Since most of the Black Contractors construct, we hope their silence and MIA is not and indication of their construction of Pharaoh’s chariot for Miss Daisy to be pulled by the six community horseman (Black Ministers that met at MLK Memorial Baptist Church in Renton) or building a Willie Lynch style Freedom of the Press cross to shove up the Black Press’ rear behind. Ever heard of the phrase “you are either part of the solution or part of the problem”, well… which way and which one — Black spokesperson for the Black Contractors Coalition and the rank and file members of the coalition – the problem or solution…? Our Black Press says Put Up or Shut Up…at least in our media. As stated earlier, “…a friend in need is a friend indeed.”Notes From The Underground Railroad Your conductor is Attorney Barbara A. Laners. Recent notes have dealt with the fiduciary duty of care owed by officers and trustees to the congregation. We have also engaged in a lengthy discussion of the need of officers and trustees to zealously guard the church’s finances. They bear ultimate responsibility for the financial health and well-being of the church. This week’s notes will be devoted to removal of church officers and directors. Yes brothers and sisters you have the power to remove those whom you elect to fill certain offices in your church. As a general proposition “church officers and directors can be removed from office in the manner authorized by the church’s governing documents. “It is common for church bylaws to give the membership the authority to remove officers and directors who engage in specified misconduct or change their doctrinal position.” See Hammer, Pastor, Church and Law, Third Edition, p.@327. If a member has a question about the propriety of certain conduct of an officer or director look to the church’s governing document for the answer. If the conduct is such that removal of said officer or director is required, again, look to the aforementioned document for authority to act. It is well settled that a “corporation possesses the inherent power to remove an officer, director or trustee for good cause”. Rodyk v. Ukrainian Autocephalic Orthodox Church, 296 N.Y. 2d (1968) off’d, 328 N.Y. S.2d 685 (1972). In fact, one court ruled that the members of a nonprofit corporation may remove directors from office at a meeting called for this purpose, at any time.” See First Union Baptist Church V. Banks, 533 So. 2d 1305 (LA App 1988). Church members need not only depend on the governing documents for removal authority. Courts may view this authority differently. In fact “another court held that a church congregation has the inherent authority to remove a director for good cause even though its bylaws did not address the issue.” Mongum V. Swearing, 565, S.W. 2d 957 (Tex. 1978). The ever present question is what constitutes good cause. Remember “good cause” is something other than personal disagreements on issues. It relates to actions and or conduct that adversely impact the church, actions or conduct that interferes with the church’s ability to operate in a manner consistent with its governing documents. Hammer advises thusly regarding what constitutes good cause: “In the context of church corporations, good cause ordinarily will consist of a material doctrinal deviation, conduct deemed unacceptable behavior by established church custom and practice incompetence, or incapacity” Moreover, Hammers also states that the church membership itself, and not the board, generally has the authority to remove directors or trustees for cause,” Supra @ 327. Officers elected by the board ordinarily may be removed by the board. See Beth Hamedrosh Hagodol Cemetery V. Levy, 923 S.W. 2d 439 (Mo. App. 1996) (“the body which appoints a director may remove a director”). Remember grounds for removal are a good cause. Absent good cause a church has no authority to remove an officer or director prior to the expiration of his or her term unless granted such either by statute or bylaws. If on the other hand, officers or directors are elected for an unspecific term a different result may obtain. Those officers or directors may be removed at any time without cause at the discretion of the electory body. Furthermore, officers or directors have no inherent right to reappointment upon the expiration of his or her term. A congregation should also be aware of what authority is granted to it under its state’s non-profit corporation act for removal of officers and directors. If a church is organized under its state’s nonprofit corporation act, a provision for removal of officers and directors is usually contained therein. Such provisions are available to congregations. Congregations should choose either provision of state laws or its bylaws to initiate the process. Once a method is selected it must be strictly followed. If the statute used requires specific numbers at a congregational meeting for the purpose of removing directors or officers that number must be present. Any number lower than that specifically required renders any action taken at such meeting viodable. See Miles V. Wilson 8 N.Y. S. 2d 585 (1958). Furthermore, “if a church votes to remove certain officers at a meeting conducted in violation of church bylaws, the removal of the officers will be without effect.” Tybor V. Ukrainian Autocephalic Orthodox Church 151 N.Y. S. 2d 711 (1956). A congregation must always follow the rules provided in either its bylaws or a state statutes to govern its conduct in activities concerning its temporal activities. Absent adherence to such may render actions taken in meetings in violation thereof null and void.