On the 1,000 to 1 chance that someone from OSA who has doubts will read this and want to look into it, here are some thoughts for you about legally removing David Miscavige. Hi David!
"To OSA folks who lurk here and who in their hearts would like to see David Miscavige removed from power:
As a corporate, legal matter it could be quite easy to remove Miscavige.
All you really need is the support of whoever are the RTC Trustees and a copy of the RTC bylaws that show how to remove board members including the Chairman of the Board.
If it is still like it was in my day when I helped design such corporate papers, RTC is legally run and controlled by three “bodies”: the trustees, the directors and the officers.
You may find that it is still true that there are between 3 and 7 trustees and that their sole purpose is to elect the board of directors. Trustees must be given access to all records of the corporation, they fill vacancies in the board and they have the power to remove a board member. I believe that to remove a director the trustees must vote unanimously to do so and they can remove a director when the director no longer qualifies to be a member of the board. Possibly though you only need a majority of trustees to do this. Check your current bylaws.
As far as directors go, there are maybe 3-5 of them as per the bylaws and one is listed as the Chairman of the Board (which will be Miscavige). As per the bylaws, at least this was true of the bylaws we prepared in the early 80s, no director can be a trustee.
The board members have normal corporate powers generally assigned to board members. This includes them appointing the normal corporate officers such as president, secretary and treasurer.
The senior most power in those three groups within RTC (the trustees, the directors and the officers) is thus the trustees through their power to control the directors who in turn control company business via the officers or otherwise.
As David Miscavige is a director he could not also be a trustee unless the RTC bylaws were changed on this point since my days in there. This means the trustees can remove Miscavige and he only controls them through intimidation and the like.
Reasons for removal of a director by a trustee can be found in the RTC bylaws. They used to, and probably still do, include such things as:
1) no longer being in good standing with the mother church (CSI);
2) no longer a proven executive as shown by statistics (your empty orgs betray the fact that there must be horrible key statistics under Miscavige’s reign);
3) violating the goals and purposes of RTC as will be laid out in the bylaws. Check them out. They likely include things like having to follow the creed of scientology, having to comply with the laws and having to follow some listed star-high goals of RTC. Easily you will find reasons here to remove Miscavige.
So you OSA legal folks who want to remove Miscavige with a view towards stopping the horrid abuses he oversees and/or carries out just need to get the trustees to remove him.
Perhaps do something like this:
a) find out who are the trustees and board members of RTC and list them;
b) just for the heck of it, do the same for the “mother church” CSI;
c) find who on those lists are no longer still active in the management of organized scientology or who otherwise are not there and thus no longer meet the qualifications of the positions as per the bylaws;
d) now see who is left as the trustees and directors of RTC and CSI once you take off the list those covered in “c” above;
e) what you have left are the current trustees and directors of RTC and CSI. Look at the trustees of RTC. Can you trust them as ones who could potentially stand up to Miscavige?
If the answer to “e” is “yes” do up a unanimous written consent of the trustees pointing out how Miscavige is no longer qualified to be a director and removing him as Chairman of the Board. Do the same for any other directors in his camp also doing abuses.
Take this and those trustees and any director willing to fight with you to one of the main scientology corporate attorneys saying you are the main officials of the corporation, you are hiring him/her to help you remove this cancer from your organization and want it carried out immediately. Having an officer with you, like maybe the president, could also be helpful although not mandatory. If you know any top corporate scientology attorneys who already show they dislike the abuses it would be a plus to go with them. Probably best to stay away from attorneys who have also personally represented Miscavige and who anyway are not likely highly competent corporate attorneys (like Yingling or Drecher).
He/she can tell you exactly how to do it. Work out the details of carrying this out such as escorting Miscavige off the premises, getting his keys to company cars, houses, etc. removing him as signatory of any accounts and the like. As well include the internal PR of announcing it to all staff.
It would be a plus if you also could get the trustees/directors of CSI to declare Miscavige no longer in good standing with organized scientology. This alone would legally disqualify him from being a board member of RTC.
Once you have done the above, clean up the trustees/directors in CST and CSI to ensure you just have people who are not abusive and not puppets to Miscavige.
(As a side note, if you could only get to the trustees/directors of CST who want to see the abuses end, there is a clause in a CST/RTC contract where CST can cancel the contract to RTC and the intellectual property rights that go with same should RTC place the rights in danger. I suggest Miscavige has placed them in danger in many ways, not the least of which is the utter collapse you are seeing in scientology worldwide. The attorneys who could have helped on this matter were Sherman Lenske, Meade Emory and Leon Misterix but that goes way back to the early 80s. I don't know if any are still around though. I could give more details of this as well if needed. Doing this would be poetic justice as CST is really setup to be the way to start organized scientology all over again should the current structure with RTC. CSI, etc collapse. It was designed that way with a view towards defending against attacks from outside the structure. How just would it be if it was used from the inside to oust the bad guys as above).
OK look, I know this may not be possible as perhaps none of you OSA types who read this will have the courage to try it. And anyway who knows who are the trustees/directors now? Maybe none of them have the courage to do this either.
But it’s worth looking into and possibly would be a lot less difficult than you might think. Plus, this posting is likely going to end up in some OSA files somewhere and who knows who will read it some time down the line and realize how easy it really is to remove an abusive dictator like Miscavige or even, through CST, start organized scientology all over again.
I have been asked a number of times to help support removing Miscavige from power through some form of coup and declined each time. That is not because I did not care. I declined because I wish to have nothing to do with organized scientology in the future and have no desire to be a scientologist in any way. I also advised against the plans suggested to me as I felt that they were ill advised if not illegal.
The above is my final response as someone who helped design the whole corporate system, who once ran OSA and who ran legal outside of the courts for more years than anyone else.
Once again, those running organized scientology in a destructive way are far easier to remove from the inside than from the outside.
If you want to take out the great abuser, get some courage and do it. Check out the above as a possible legal way to carry it out if you and some trustees are willing.
If it doesn’t work fine, figure out your own way. Just stop complaining about Miscavige and his abuses if you are in a position to do something about it yet choose to do nothing.
This corporate stuff is really designed to stop attacks from outside of it be they civil actions or governmental actions. It is not nearly as strong for stopping attempts from inside of it to remove bad leaders. It’s doable if the trustees agree. You just have to have some courage and do it!!
Realize that Miscavige is truly a coward and controls you through fear and intimidation. Get over it and do something, legally of course. If you don’t and you are in a position to do something, you become just as responsible for the abuses as Miscavige IMO.
FWIW, some random thoughts.
Larry Brennan"
Another front anyone?