Church Leader Accountability
The following is a list of systemic problems within the Church that lead to misconduct. Eliminating these issues will help prevent future problems and misconduct, as well as protect Church leaders and members alike.
“We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion.”
~Doctrine and Covenants of the Church of Jesus Christ of Latter-day Saints, Section 121:39.
Problem #1: Administrative Excommunications
Kirton McConkie—the Church’s primary legal firm—is routinely banning people from Church and threatening arrest and criminal charges if their target attends Church or tries reaching out to anyone in a leadership position for help or intervention. Their actions directly contradict scripture (3 Nephi 18) and official church policy. Kirton McConkie is administering this form of excommunication not to protect Church members from violence or threats but rather to protect leaders accused of misconduct from being found out. Kirton McConkie is engaging in defamation, coercion, harassment, and fraud by false pretense.
“What I don’t like about Kirton McConkie is that they are fairly thuggish, and their input on Church policy is that of lawyers—i.e., avoid liability at all costs—which may be good legal advice but is not exactly spiritual counsel.”
~Walter N.
Problem #2: Mail Theft
Some mid-level authorities in Quorum of the Seventy are diverting mail and communications at Church Headquarters. They are opening and reading private letters with confidential information. They are accomplishing this by flagging members’ accounts and ordering the personal secretaries of those in upper leadership not to deliver the mail to the intended recipients. The intended recipients of the mail have not authorized these mid-level authorities to receive or open their mail, nor have they authorized their secretaries to divert their mail away from the intended recipient. The purpose of diverting the mail away from the intended recipients is to hide misconduct. These actions constitute mail theft and is accomplished through fraud by false pretense.
When a person steals someone else’s mail, it is referred to as mail theft. Mail theft is a federal crime in the United States, and it involves taking or intercepting mail that is not addressed to the perpetrator, with the intent to keep, open, or use the contents fraudulently.
Problem #3: False Pretense
Local leaders are taking actions against members and claiming the orders have come directly from the First Presidency of the Church. The claims are not true, but many decisions are being made based on this false claim, resulting in members being persecuted and harassed. These local leaders are engaging in false pretense, fraudulent misrepresentation, blackmail, harassment, coercion, and extortion.
Problem #4: Lack of Due Process
Members of the Church are being denied membership counsels but are being punished by their Church leaders through false accusations and gossip. Members have no opportunity to clear their names. The local leaders are bypassing the Church’s process for handling disputes, which is against Church policy. This lack of due process is leading to slander, libel, false accusations, and extortion.
Problem #5: Polygraph Tests
The missionary department is routinely relying on polygraph tests to determine whether unsubstantiated gossip is true and whether certain individuals are “worthy” to serve missions. This is unethical. Polygraph tests are not admissible in court because of their fallibility. It is also illegal in the United States to use lie detector tests to determine whether to hire or fire individuals. Refusal to submit to polygraph tests opens the door to extortion, harassment, and false accusations. In contrast, submitting to polygraph tests can result in false convictions that can harm a person’s reputation.
“A polygraph isn’t even measuring lies. ‘Lie detector’ is an effective but misleading bit of branding. What a polygraph test actually measures is breathing, sweating, heart rate, and blood pressure—all physiological symptoms of stress. But there are tons of causes of stress that have nothing to do with lying to the authorities. For instance, having the authorities accuse you might be incredibly stressful.”
~Linus T.
Problem #6: Member File Secrecy
Members of the Church do not have direct access to their own Church records, which means they cannot verify or challenge any potentially inaccurate information that may be recorded. They are informed that their records are “confidential,” thus restricting their visibility to the content. Stake presidents, bishops, and other ward leaders can potentially annotate false accusations or statements on the member’s record, which then gets shared when the member moves, changes congregations, or there is a change in leadership. Additionally, members cannot directly access communications from the Office of the First Presidency concerning ward changes unless their stake president submits a request on their behalf. If the stake president declines to make this request, the member is unable to confirm or review the information independently. Each member should have access to their own records and be able to see what has been written about them. They should be allowed to see what has been “annotated” on their Church record so that they can correct or address any inaccuracies. This should be available on their online account or through their ward clerk. These secret file annotations can potentially lead to defamation, especially if leaders are sharing the files with each other but not the member. If an ecclesiastical leader shares confidential information in a way that harms someone's reputation or violates privacy rights, they could potentially face legal action for defamation or invasion of privacy as well as civil consequences.
“Sunlight is the best disinfectant.”
~Supreme Court Justice Louis Brandeis
Problem #7: Lack Of Accountability For Stake Presidents
When a stake president is engaged in misconduct, the member is supposed to alert the area authority for resolution. However, the current church practice is to redirect all concerns back to the stake president. This creates an inherent conflict of interest, in that the stake president is the one handling the complaint against himself. In practice, this often leads to retaliation against the whistleblower, causing the issue to persist or worsen. There is currently little accountability for stake presidents, and members are unable to even contact the area authority to report concerns without the stake president's approval. This current practice of redirecting all problems back to the stake president allows relatively minor issues to escalate into more serious problems that could have been prevented if dealt with early on. Over time, this can result in unethical behaviors such as blackmail, extortion, threats, assault, battery, false accusations, defamation, gossip, fraud, and other illegal or immoral actions. In some cases, this lack of accountability has led to legal consequences, including arrests and imprisonments for stake presidents and bishops who failed to change course.
“The recurring theme for me [in The Crazy Train] is how important it is to have checks and balances for people in authority. Police, judges, church leaders, government organizations—all of it. If you have unchecked power in a scenario without an ability to appeal or ask questions, it just doesn’t work.”
~Kendall W.
Problem #8: Opposition Votes As Mere Formality
General and local authorities are teaching that there is never an appropriate time to cast an opposing vote for a Church leader. Members who voice concerns about misconduct and cast an opposition vote are viewed as the problem. They are automatically deemed “unworthy” of a temple recommend, and they are often treated poorly and marginalized. Members are not allowed to suggest a leader is engaging in wrongdoing or misconduct, even if their concerns are legitimate. Because opposition votes are being treated as a sin, there is currently no accountability for Church leaders engaging in wrongdoing.
Problem #9: Child Privacy
Parents do not have the ability to hide or restrict their children’s personal information from any individuals in Church leadership positions. Unfortunately, sometimes people in leadership positions are not trustworthy and have malicious intent. Current church procedures allow church leaders to have unfettered access to minor children’s information. Parents should be able to determine if and when to share their children’s information. By not allowing parents to control their children’s privacy, it can endanger the children, potentially by child predators to stalk children, or by malicious leaders using CPS as a harassment tool.
Definitions
False Pretense: If someone misrepresents their position or authority to gain something of value—whether money, property, or influence—it may fall under fraud by false pretense. This means they intentionally deceived someone by pretending to be someone they’re not or to have authority they lack.
Fraudulent Misrepresentation: If documents, identification, or credentials are falsified to lend credibility to the claim of authority, this could be charged as forgery or fraudulent misrepresentation.
Extortion: Extortion is generally defined as using threats of violence, destruction of property, reputational harm, or other means of intimidation to coerce someone into giving up money, property, or other assets. The threats do not have to be immediate, but they must be substantial enough to make the victim feel compelled to comply.
Blackmail: Blackmail is a specific form of extortion that involves threatening to reveal private, sensitive, or potentially damaging information about someone unless they provide money or other favors.
Coercion: This is a broader term that includes using force or intimidation to influence someone’s behavior but is not limited to financial gain.
Harassment: a broad term for behavior that is intended to disturb, intimidate, humiliate, or distress another person. Legally, it involves unwanted actions or communications that create a hostile, threatening, or offensive environment. Harassment can take many forms, including verbal, physical, written, or digital.
Gossip: casual or unconstrained conversation or reports about other people, typically involving details that are not confirmed as being true.
Mail Theft: When a person steals someone else’s mail, it is referred to as mail theft. Mail theft is a federal crime in the United States, and it involves taking or intercepting mail that is not addressed to the perpetrator, with the intent to keep, open, or use the contents fraudulently.
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