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Filing # 105854673 E-Filed 04/03/2020 03:33:29 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA.
ANTHONY CONRAD BEEKS,
Plaintiff,
VS. CASE NO: 16-2019-CA-009174
DIVISION: CV-H
BAPTIST MINISTER’S CONFERENCE
OF DUVAL AND ADJACENT COUNTIES, et al.
Defendants.
/
AMENDED MOTION TO DISMISS WITH PREJUDICE
Defendants, BAPTIST MINISTER’S CONFERENCE OF DUVAL AND ADJACENT
COUNTIES, REV. ROBERT LECOUNT and DISCIPLES OF CHRIST CHRISTIAN
FELLOWSHIP MISSIONARY BAPTIST CHURCH (aka Disciples of Christ Christian
Fellowship Baptist Church), REV. QUOVADIS THOMAS and GREATER MONCRIEF
MISSIONARY BAPTIST CHURCH, REV. JAMES SAMPSON, REV. CHARLES
COOPER, JR. and FIRST NEW ZION MISSIONARY BAPTIST CHURCH, REV.
CHAVALIS TAIWAUN WILLIAMS aka SHAWN WILLIAMS, SHAWN BONSELL,
CHAVALIS BONSELL, CHAVALIS TAIWAUN BONSELL, and FIRST ELIZABETH
BAPTIST CHURCH QUINCY, FLORIDA, REV. DARIEN K. BOLDEN SR. and MINISTER
DARIEN K. BOLDEN, JR., KEITH CANADY and FIRST MISSIONARY BAPTIST
CHURCH FERNANDINA BEACH, FLORIDA, REV. AARON FLAGG and EMANUEL
MISSIONARY BAPTIST CHURCH, REV. REGINALD EDWARDS and MT. PLEASANT
MISSIONARY BAPTIST CHURCH CALLAHAN, FLORIDA, REV. DR. JONATHAN
BLACKBURN and JERUSALEM MISSIONARY BAPTIST CHURCH, REV. JAMES
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/07/2020 09:15:42 AM.
MERRITT and EPHESIANS MISSIONARY BAPTIST CHURCH, REV. EDWARD
NORMAN SR. and REV. EDWARD NORMAN JR. and MT. SALEM MISSIONARY
BAPTIST CHURCH, and REV. DEVES TOOM (aka Rev. Deves Toon), and REV.
CHARLES PRESTON and ST. JOHN MISSIONARY BAPTIST CHURCH,
MIDDLEBURG, FLORIDA by and through the undersigned attorneys, file this Motion to
Dismiss Plaintiffs Complaint with prejudice and state the following:
A Plaintiff has failed to state a cause of action upon which relief can be granted.
B. Although not sufficiently plead, the relief that Plaintiff is seeking would violate the
established policy of separation between Church and State.
The Bylaws of the Baptist Ministers Conference govern the claims and actions
alleged. The Baptist Ministers Conference acted in accordance with its “Bylaws.”
Plaintiff has not alleged or established venue in Duval County; he has only alleged
jurisdiction in the State of Florida.
ARGUMENT
Plaintiff makes allegations in his Complaint which do not establish a cause of
action against these Defendants. Paragraph 7 of the Complaint states “that on or about
December 23, 2019, Defendants arbitrarily, maliciously and capriciously violated the
constitution of the Baptist Ministers Conference Bylaws that caused the Plaintiff harm.”
Plaintiff also alleges in Paragraph 11 of the Complaint that he has been a constant
whistleblower for corruption in the Baptist Ministers Conference. Plaintiff is asking the
Court to make a ruling with respect to alleged violations of Baptist Church Ministers
Conference Bylaws. However, any involvement of the court would violate the long
standing and established principle of separation between Church and State. This principle
is well established in Florida by a line of cases including Covington v. Bowers, 442 So.2d
41068 (18t DCA 1983) which cites Partin v. Tucker 172 So. 98 (Fla. 1937). These cases
involved alleged misconduct by members of the church and the holding of the court was
that any interference by the court would impinge upon the fundamental principle of
separation between Church and State.
Additionally, while Defendant is seeking court intervention into the Baptist Church
Ministers Conference Bylaws hereafter referred to as “Bylaws,” he has failed to attach a
copy of the “Bylaws” for the Court's consideration. However, again, any such
consideration of the “Bylaws” by the Court would violate the principle of separation
between Church and State.
In fact, per the “Bylaws,” the Baptist Ministers Conference acted in accordance
with its own governing rules. Article Ill, Section 7 of the Baptist Ministers Conference
Bylaws states that, “Any member who conducts himself unbecoming to the Christian
Ministry, shall be reprimanded by this Brotherhood/ Conference. The right hand of
fellowship of this Brotherhood/Conference may be withdrawn by a majority vote.” On
December 23, 2019, the Baptist Ministers Conference convened a meeting, conducted a
vote and the righthand of fellowship relating to Mr. Beeks was withdrawn by a majority
vote. The Baptist Ministers Conference took tawful actions in accordance with the Baptist
Ministers Conference Bylaws. (Exhibit A).
Further, Paragraph 8 of the Complaint states “that the Defendants used a member
of the Jacksonville Sheriff's Office as a personal and private security detail causing the
Plaintiff stress, harm and character assassination”. Here, Plaintiff has failed to allege or
demonstrate how the hiring of a member of the Jacksonville Sheriffs Office as a private
security detail is a violation of any rule, law, or norm and further failed to establish how
engaging in such conduct (if in fact it was engaged in) caused harm or character
assassination to Plaintiff.
In Paragraph 9 of the Complaint, Plaintiff alleges that the Defendants sought to
silence the Plaintiff because the Plaintiff spoke at a JEA board meeting about Councilman
Garrett Dennis’s accusations alleged against African American Board Members and CEO
Aaron Zahn. Here Plaintiff has failed to allege any misconduct by the Defendants or to
demonstrate how he claims Defendants have silenced him. Defendants, as well as
Plaintiff, are entitled to free speech. Thus, Plaintiff has failed to allege any misconduct by
these Defendants, any harm to Plaintiff and further has failed to establish any causal
connection between conduct of Defendants and harm to Plaintiff.
In Paragraph 10 of the Complaint, Plaintiff seems to outline what he calls the lynch
pin of his Complaint stating this started because a member of the Baptist Ministers
Conference was sleeping with another Pastor's wife. Such slanderous allegations by
Plaintiff should be stricken from his Complaint. (Fla. R. Civ. P. 1.140(f)). Furthermore,
Plaintiff has failed to establish any connection between his allegations and harm to him,
therefore he has failed to state a cause of action with respect to such allegation.
Based on the allegations in the Complaint, and the arguments set forth herein, it
is clear that Plaintiff has not and cannot state a cause of action for relief which can be
granted by this court without violating the established principle of separation between
Church and State. In addition to requiring dismissal with prejudice because any action by
this court would violate the principle of separation between Church and State, Plaintiff
has otherwise failed to establish a cause of action against these Defendants in that he
has not alleged any specific misconduct by the Defendants or a viable cause of action.
WHEREFORE, this case must be dismissed with prejudice.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 3rd day of April 2020 the foregoing was filed with
the Florida courts E-Filing Portal, which will serve it on the following counsel of record by
electronic mail to Burney Bivens, Esq. at attybivens@aol.com, ruthie041@hotmail.com,
lawoffice1543@qmail.com, Geremy Gregory, Esq. at garegory@balch.com,
monsorno@balch.com, Charles Brumby, Esq. at cbrumby@balch.com,
monsorno@pbalch.com, tmensah@balch.com and a true and correct copy of the
foregoing original has been furnished to Anthony Conrad Beeks, 1978 Protection Point,
Fleming Island, Florida 32003, by the U.S. Mail.
Respectfully submitted,
D hovdelhin pit
Rhonda Peoplés-Waters, Esquire
Florida Bar No.: 0186848
Rhonda Peoples-Waters, P.A.
625 West Union Street, Suite 2
Jacksonville, Florida 32202
Office: (904) 355-6002
Fax: (904)355-6006
Rhonda@JusticeRPW.com
Attorney for Defendants BAPTIST MINISTER’S
CONFERENCE OF DUVAL AND ADJACENT
COUNTIES,
REV. ROBERT LECOUNT and DISCIPLES OF
CHRIST CHRISTIAN FELLOWSHIP
MISSIONARY BAPTIST CHURCH (aka
Disciples of Christ Christian Fellowship Baptist
Church),
REV. QUOVADIS THOMAS and GREATER
MONCRIEF MISSIONARY BAPTIST
CHURCH,
REV. JAMES SAMPSON, REV. CHARLES
COOPER, JR. and FIRSTNEW ZION
MISSIONARY BAPTIST CHURCH,
REV. CHAVALIS TAIWAUN WILLIAMS aka
SHAWN WILLIAMS, SHAWN BONSELL,
CHAVALIS BONSELL, CHAVALIS TAIWAUN
BONSELL, and FIRST ELIZABETH BAPTIST
CHURCH QUINCY, FLORIDA
REV. DARIEN K. BOLDEN SR. and MINISTER
DARIEN K. BOLDEN, JR., KEITH CANADY
and FIRST MISSIONARY BAPTIST CHURCH
FERNANDINA BEACH, FLORIDA
REV. AARON FLAGG and EMANUEL
MISSIONARY BAPTIST CHURCH
REV. REGINALD EDWARDS and MT.
PLEASANT MISSIONARY BAPTIST CHURCH
CALLAHAN, FLORIDA
REV. DR. JONATHAN BLACKBURN and
JERUSALEM MISSIONARY BAPTIST
CHURCH,
REV. JAMES MERRITT and EPHESIANS
MISSIONARY BAPTIST CHURCH,
REV. EDWARD NORMAN SR. and REV.
EDWARD NORMAN JR. and MT. SALEM
MISSIONARY BAPTIST CHURCH, and
REV. DEVES TOOM (aka Rev. Deves Toon)
REV. CHARLES PRESTON and ST. JOHN
MISSIONARY BAPTIST CHURCH,
MIDDLEBURG, FLORIDA
TERRELL HOGAN YEGELWEL, P.A.
/s/ Leslie Scott Jean-Bart, Esq.
Leslie Scott Jean-Bart, Esquire
Florida Bar No.: 0120286
233 East Bay Street, Ste. 804
Jacksonville, Florida 32202
Telephone No.: (904) 356-7842
Fax No.: (904) 647-6514
E-Mail: jean-bart@terrellhogan.com
E-Mail: jsalameh@terrellhogan.com
Attorney for Defendants BAPTIST MINISTER’S
CONFERENCE OF DUVAL AND ADJACENT
COUNTIES,
REV. ROBERT LECOUNT and DISCIPLES OF
CHRIST CHRISTIAN FELLOWSHIP
MISSIONARY BAPTIST CHURCH (aka
Disciples of Christ Christian Fellowship Baptist
Church),
REV. QUOVADIS THOMAS and GREATER
MONCRIEF MISSIONARY BAPTIST
CHURCH,
REV. JAMES SAMPSON, REV. CHARLES
COOPER, JR. and FIRST NEW ZION
MISSIONARY BAPTIST CHURCH,
REV. CHAVALIS TAIWAUN WILLIAMS aka
SHAWN WILLIAMS, SHAWN BONSELL,
CHAVALIS BONSELL, CHAVALIS TAIWAUN
BONSELL, and FIRST ELIZABETH BAPTIST
CHURCH QUINCY, FLORIDA
REV. DARIEN K. BOLDEN SR. and MINISTER
DARIEN K. BOLDEN, JR., KEITH CANADY
and FIRST MISSIONARY BAPTIST CHURCH
FERNANDINA BEACH, FLORIDA
REV. AARON FLAGG and EMANUEL
MISSIONARY BAPTIST CHURCH
REV. REGINALD EDWARDS and MT.
PLEASANT MISSIONARY BAPTIST CHURCH
CALLAHAN, FLORIDA
REV. DR. JONATHAN BLACKBURN and
JERUSALEM MISSIONARY BAPTIST
CHURCH,
REV. JAMES MERRITT and EPHESIANS
MISSIONARY BAPTIST CHURCH,
REV. EDWARD NORMAN SR. and REV.
EDWARD NORMAN JR. and MT, SALEM
MISSIONARY BAPTIST CHURCH, and
REV. DEVES TOOM (aka Rev. Deves Toon)
REV. CHARLES PRESTON and ST. JOHN
MISSIONARY BAPTIST CHURCH,
MIDDLEBURG, FLORIDA
EXHIBIT A
nemnnameeenenaianntnenentnminminmatt $ave
ARTICLET
The name of this organization shall be THE BAPTIST MINISTERS BROTHERHOOD/
CONFERENCE OF DUVAL AND ADJACENT COUNTIES OF FLORIDA.
ARTICLE IL
OBJECT
Section 1, The object of this Brotherhood/Conference shall be the study of
God's Word: the promulgation of the Gospel by means of |Preaching,
5. Bible Conference, Seminars, Institutes and Revivals,
Equipping its members for the work of ministry, stimulating the
7. bonds of fraternal friendship, to aid its members in worthy -
8 causes; to uphold the highest moral and ethical principles of
Christian Ministry,
ARTICLE OT
MEMBERSHIP
10. Section 1, Membership in this body shall be limited to male “Ordained
1 Ministers" and Licensed Preachers of the Missionary Baptist
12. Denomination. (I Timothy 3:1-7, KTV)
13, Section 2, Any Pastor of a Missionary Baptist Church that is
14, recognized by the Brotherhood/Conference, may upon application, become a
15 member of the Brotherhood/Conference, subject to a two-thirds (2/3)
16. vote of the members present,
17. Section 3. Any Baptist Minister of the Missionary Baptist
18, Denomination, who is not a Pastor, may become a member of the
19. Brotherhood/Conference upon the recommendation of his Pastor, or the
20. recommendation of the Membership Committee, subject to a two-~
ai thirds (2/3) vote, and the payment of joining fee and annual dues.
22. Section 4. Upon the signed recommendation of the membership
Committee, andby a three-fourths (3/4) vote of members present
24 at the Annual Meeting, Honorary Life Membership can be conferred
25. upon a member, who shall have rendered notable service to the
26. Brotherhood/Conference. An Honorary Life Member shall have none of the
27. obligations of membership in the Brotherhood/Conference, but shalt
28, be entitled to all of the privileges of membership.
29 Section 5. A joining fee of $50.00 is required. The annual dues.shall be $120.00.
30. A reinstatement fee of $35.00 is required when a member has been dropped from
31 membership. The Financial Secretary shall
32, notify members, who are three (3) months in arrears, and those
33. whose dues are not paid within three (3) months thereafter shall
34, be automatically dropped from the membership of the Brotherhood/Conférence.
35, Dues may be paid in quarterly installments.
36, Section 6. Any member
who violates the ethical principle
37. of the Christian Ministry in the meeting, shall not be allowed to
38 take part in the further deliberation until he has set
39. himself right with his brethren. >
40. Section 7. Any member who conducts himself unbecoming to ‘
4) the Christian Ministry, shall be reprimanded by this Brotherhood/Conference.
42 The right hand of fellowship of this Brotherhood/Conference may be withdrawn
43. by a majority vote.
Section 8. Any person who is not a member of this
45. Brotherhood/Conference and desires to speak, shall do so only upon the
46, request of their Pastor, President of the Brotherhood/Conference or the Civic Committee,
ARTICLE IV
OFFICERS
47 Section 1, The officers of this Brotherhood/Conference shall be a President,
AB. a First Vice President, a Second Vice President, a Third Vice President,
49. a Recording Secretary, an Assistant Recording Secretary, a Financial
50, Secretary, a Corresponding Secretary, and a Treasurer, These’
51 Officers shall perform the duties prescribed by
52, these By-Laws and by the Parliamentary Authority adopted by
53. the Brotherhood/Conférence.
34. Section 2. Officers shall be elected at the Annual Meeting to
55. serve for two years or until their successors are elected, and
56, their term of office shall begin at the close of the
57. Annual Meeting at which they are elected.
58. Section 3. No member shalt hold more than one office at a time,
59. and no President shall be eligible to serve more than three (3)
60, consecutive terms in office.
ARTICLE V
MEETINGS
’
61 Section 1, The regular meeting of the Brotherhood/Conference' shall be held
62. on each Monday of each month, except the month of September, unless
§3. otherwise ordered by the Brotherhood/Conference or by the Executive Board.
64, Section 2. The regular meeting on the last Monday in
65, November of each year unless changed by a vote of the Brotherhood/Conference,
66. shall be known as the Annual Meeting and shall be for the ‘purpose
67. of electing officers, receiving reports of officers and
68. committees, and for any other business that may arise.
69, Section 3. Special meetings may be called by the President or by
70, the Executive Board in cases of emergency.
nl Section 4. Fifteen (15) members of the Brotherhood/Conference shall
72. constitute a quorum, which must be met to discuss official issues,
ARTICLE Vi
EXECUTIVE BOARD
BB. Section 1. The Officers of the Brotherhood/Conference and
74. Past President, shall constitute the Executive Board.
7. Section 2, The Executive Board shall have the general supervision
76 of the Brotherhood/Conference between its business meetings, fix the hours and
77. place of meetings, make recommendations to the Brotherhaod/Conference, and
2B. shall perform such other duties as are specified in these By-Laws.
79. The Executive Board shall be subject to the orders of the Brotherhood/Conference,
80, and none of its acts shall conflict with the actions taken by the
81 Brotherhood/Conference.
“rest ttanntn n
ARTICLE Vi
COMMITTEE
Section 1. A Finance Committee composed of the Treasurer,
Financial Secretary, and three (3) other members shall be
84, appointed by the President promptly after each Annual Meeting.
85. It shall be the duty of this committee to prepare a budget for
86. the fiscal year to be presented to the Brotherhoad/Conference at the first
87. meeting in January, for approval. The Finance Committee can,
88. from time to time, submit supplements to the budget for the current fiscal year.
89, Section 2, A Program Committee of five (5) members shall be
90. appointed by the President promptly after the Annual Meeting,
91 whose duty shall be to plan the Annual program for the Brotherhood/Conference.
92. This committee shall submit its report to the Brotherhaod/Confereace for its
approval at the first meeting in January.
94, Section 3. An Auditing Committes, consisting of three (3)
95. Members, shalt be appointed by the President at the first meeting
96. Jn November, whose duty it shall be to audit the Treasurer's
OF, accounts and reports.
98 Section 4, A Membership Committee shall consist of five (5)
99 members appointed by the President promptly after the Annual
100, Meeting, whose duty it shall be to investigate prospective
101. applicants for membership into the Brotherhood/Conference, to ascertain their
102. credentials and their worthiness for membership.
nearest
103. Section 5. Such other committees, standing or special, shalt be
104, appointed by the President, as the Brotherhood/Conference or the Executive
105, Board shall, from time to time, deem necessary to carry on the
106. work of the Brotherhood/Conference. The President shall be Ex-Officio a
107, member of all committees.
. ARTICLE VID.
PARLIAMENTARY AUTHORITY
108. Section 1. The rules contained in the current edition of Robert's
109. Rules of Order Newly Revised shail govern the Brotherhood/Conference on all
110, cases to which they are applicable and in which they are not
lik. inconsistent with these By-Laws and any special niles of order
112, the Brotherhood/Conference may adopt.
ARTICLE IX
AMENDMENT oF. BY-LAWS
113. Section 1, These By-Laws can be amended at any regular meeting of
114. the Brotherhood/Conference by a two-thirds (2/3) vote of members present
115. provided that the amendment has been submittedin writing, and read at three
116. previous regular meeting.
’
ARTICLE X
AUXILIARIES
117, “Section 1. All Auxiliariesof THE BAPTIST MINISTERS BROTHERHOOD/
118, CONFERENCE OF DUVAL AND ADJACENT COUNTIES OF FLORIDA are hereby
119, subordinate to, and hereby required to work in harmony with the
120, Tales and regulations of this Brothethood/Conference."
LL “Section 2, All rules and regulations governing any and
122, ail subsidiary bodies of this Brotherhood/Conference shall be ratified and
123, approved by this Brotherhood/Coaference.”
124, "Section 3. No rules or regulations may be set forth in an
125. Auxilfary that conflicts with this document or any decision of
126 this Brotherhood/Conference,”
sane nn
BAPTIST MINISTERS’ CONFERENCE
NOVEMBER 30, 1998
THE NOMINATION COMMITTEE MET ON
NOVEMBER 9, 1998, AND AFTER MUCH PRAYFUL
CONSIDERATION AND DELIBERATION RECOMMENDS
THE FOLLOWING SLATE OF OFFICERS:
15° VICE PRESIDENT REV. PRESTON
28? VICE PRESIDENT REV. BANKS
3° VICE PRESIDENT REV. GLANTON
REC’D SECRETARY REV. GRIFFIN
ASS’T REC’D SECT, VACANT
FINANCIAL SECT. REV. SIMS
CORR. SECRETARY REV. BATTLES
TREASURER REV. NORMAN
HUMBLY SUMMITTED,
REV. W. L. GLANTION,
CHAIRPERSON
REV. F. NEWBILL, PRESIDENT
BAPTIST MINISTERS’ CONFERENCE
EXECUTIVE COMMITTEE
President Rev, J. B. Sampson
1" Vice President Rev. C. E, Preston
2" Vice President Rev. C. Banks
3 Vice President Rey. W. L. Glanton
Recording Secretary Rev. E. Griffin
Asst, Recording Secretary Rev. C. J. Sheppard
Financial Secretary Rev. G. L. Sims.
Corresponding Secretary Rev. J. Battle
Treasurer Rev. E. f. Norman
Past President Rev. F. Newbill
FINANCE COMMITTEE
Treasurer Rev, E. 1, Norman
Financial Secretary Rev. G. L. Sims
MEMBERS
Rav. Percy Jackson
Rev. H. H. Wright, Jr.
Rev. C.E. Preston
Rev. A. Asberry
PROGRAM COMMITTEE
Rev. C. Banks
Rev. Ernest Griffin
Rev. Isaac Johnson
Rev. C. Cooper
Rav. Perry Robinson
Rev Albert Simpson
Rev. W. Liptrot
AUDITING COMMITTEE
Rev. J. C. Green
Rev. Johnny McKinnie
Rev. Isaac Roberts
Rev. R. L. Gates
Rev. J. Battle
MEMBERSHIP COMMITTEE
Rev, John Battle
Rev. E, L. Murray,Sr.
Rev. J, H, Perry
Rev, W. L. Glanton
Rev. Q. Thomas
Rev, C, Cooper
Rev. &. |, Norman
CIVIC COMMITTEE
Rev. Perry Robinson
Rev. Moses Javis
Rev. W, L. Glanton
Rev. Jeremiah Robinson, dr.
Rev. Wallace Rasberry
Rev. Percy Jackson
Rev. J. C. Green
Rev. J, Merritt
EDUCATION COMMITTEE
Rev. Emest Griffin
Rev. Randy Hezekiah
Rev. WY. Liptrot
Rev. C, J. Sheppard
Rev. J, Battle
Rev. Lenny James
Rev. G. L. Sims
MODERATORS COMMITTEE
Rey. E. |, Norman, Chairman
Rev. J, ©. Green Jacksonville Gateway
Rey. R. R. Russ dacksonville Christian Fellowship
Rev. Charles Banks Jacksonville Emanual progressive
Rey. W. Lavant Jacksonville Greater Unity”
Rey. Tom Diamond Jacksonville Union Progressive
Rev. W.L. Glanton Jacksonville Union St. James
Rev. Odell Smith Jacksonville East Jacksonville
BUILDING ADMINISTRATIVE (Projects)
Rey. Perry Robinson
Rev, John Perry
Rev. G. L. Sims
Rev. E. Griffin
EVANGELISM
Rev. Q. Thomas
Rev. C. J. Sheppard
Rev. C, Cooper
Rev. E. G, Gage
Rev. R. LeCount
YOUNG PASTORS’ MINISTERS TRAINING
COMMITTEE
Rev. E. L. Murray, Sr.
Rev. Rudolph McKissick, Sr.
Rev. W. Rasberry
Rev. Johnny McKinnie
Rev. J. C. Green
Rev. A. Asberry
Rev. M. Javis
BAPTIST CONFERENCE FELLOWSHIP CHOIR
COMMITTEE
Rev. H. H. Wright, Jr.
Rev, Eugene White
Rev. Bolden
Rev. Rudolph MckKissick, Jr.
Rev, Quan Glover
BAPTIST MINISTERS CONFERENCE
List of Priorities
1, To become a Charter Organization with the State of Florida,
2. To apply for (501C3).
3. To create a set of by-lawsto comply with the constitution.
4, To create a organization apart from the Baptist Ministers Conference to channel government
finds and grants.
5. To create @ Mission Statement for the Baptist Ministers Conference.
Preview
Filing # 105854673 E-Filed 04/03/2020 03:33:29 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. ANTHONY CONRAD BEEKS, Plaintiff, VS. CASE NO: 16-2019-CA-009174 DIVISION: CV-H BAPTIST MINISTER’S CONFERENCE OF DUVAL AND ADJACENT COUNTIES, et al. Defendants. / AMENDED MOTION TO DISMISS WITH PREJUDICE Defendants, BAPTIST MINISTER’S CONFERENCE OF DUVAL AND ADJACENT COUNTIES, REV. ROBERT LECOUNT and DISCIPLES OF CHRIST CHRISTIAN FELLOWSHIP MISSIONARY BAPTIST CHURCH (aka Disciples of Christ Christian Fellowship Baptist Church), REV. QUOVADIS THOMAS and GREATER MONCRIEF MISSIONARY BAPTIST CHURCH, REV. JAMES SAMPSON, REV. CHARLES COOPER, JR. and FIRST NEW ZION MISSIONARY BAPTIST CHURCH, REV. CHAVALIS TAIWAUN WILLIAMS aka SHAWN WILLIAMS, SHAWN BONSELL, CHAVALIS BONSELL, CHAVALIS TAIWAUN BONSELL, and FIRST ELIZABETH BAPTIST CHURCH QUINCY, FLORIDA, REV. DARIEN K. BOLDEN SR. and MINISTER DARIEN K. BOLDEN, JR., KEITH CANADY and FIRST MISSIONARY BAPTIST CHURCH FERNANDINA BEACH, FLORIDA, REV. AARON FLAGG and EMANUEL MISSIONARY BAPTIST CHURCH, REV. REGINALD EDWARDS and MT. PLEASANT MISSIONARY BAPTIST CHURCH CALLAHAN, FLORIDA, REV. DR. JONATHAN BLACKBURN and JERUSALEM MISSIONARY BAPTIST CHURCH, REV. JAMES ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/07/2020 09:15:42 AM. MERRITT and EPHESIANS MISSIONARY BAPTIST CHURCH, REV. EDWARD NORMAN SR. and REV. EDWARD NORMAN JR. and MT. SALEM MISSIONARY BAPTIST CHURCH, and REV. DEVES TOOM (aka Rev. Deves Toon), and REV. CHARLES PRESTON and ST. JOHN MISSIONARY BAPTIST CHURCH, MIDDLEBURG, FLORIDA by and through the undersigned attorneys, file this Motion to Dismiss Plaintiffs Complaint with prejudice and state the following: A Plaintiff has failed to state a cause of action upon which relief can be granted. B. Although not sufficiently plead, the relief that Plaintiff is seeking would violate the established policy of separation between Church and State. The Bylaws of the Baptist Ministers Conference govern the claims and actions alleged. The Baptist Ministers Conference acted in accordance with its “Bylaws.” Plaintiff has not alleged or established venue in Duval County; he has only alleged jurisdiction in the State of Florida. ARGUMENT Plaintiff makes allegations in his Complaint which do not establish a cause of action against these Defendants. Paragraph 7 of the Complaint states “that on or about December 23, 2019, Defendants arbitrarily, maliciously and capriciously violated the constitution of the Baptist Ministers Conference Bylaws that caused the Plaintiff harm.” Plaintiff also alleges in Paragraph 11 of the Complaint that he has been a constant whistleblower for corruption in the Baptist Ministers Conference. Plaintiff is asking the Court to make a ruling with respect to alleged violations of Baptist Church Ministers Conference Bylaws. However, any involvement of the court would violate the long standing and established principle of separation between Church and State. This principle is well established in Florida by a line of cases including Covington v. Bowers, 442 So.2d 41068 (18t DCA 1983) which cites Partin v. Tucker 172 So. 98 (Fla. 1937). These cases involved alleged misconduct by members of the church and the holding of the court was that any interference by the court would impinge upon the fundamental principle of separation between Church and State. Additionally, while Defendant is seeking court intervention into the Baptist Church Ministers Conference Bylaws hereafter referred to as “Bylaws,” he has failed to attach a copy of the “Bylaws” for the Court's consideration. However, again, any such consideration of the “Bylaws” by the Court would violate the principle of separation between Church and State. In fact, per the “Bylaws,” the Baptist Ministers Conference acted in accordance with its own governing rules. Article Ill, Section 7 of the Baptist Ministers Conference Bylaws states that, “Any member who conducts himself unbecoming to the Christian Ministry, shall be reprimanded by this Brotherhood/ Conference. The right hand of fellowship of this Brotherhood/Conference may be withdrawn by a majority vote.” On December 23, 2019, the Baptist Ministers Conference convened a meeting, conducted a vote and the righthand of fellowship relating to Mr. Beeks was withdrawn by a majority vote. The Baptist Ministers Conference took tawful actions in accordance with the Baptist Ministers Conference Bylaws. (Exhibit A). Further, Paragraph 8 of the Complaint states “that the Defendants used a member of the Jacksonville Sheriff's Office as a personal and private security detail causing the Plaintiff stress, harm and character assassination”. Here, Plaintiff has failed to allege or demonstrate how the hiring of a member of the Jacksonville Sheriffs Office as a private security detail is a violation of any rule, law, or norm and further failed to establish how engaging in such conduct (if in fact it was engaged in) caused harm or character assassination to Plaintiff. In Paragraph 9 of the Complaint, Plaintiff alleges that the Defendants sought to silence the Plaintiff because the Plaintiff spoke at a JEA board meeting about Councilman Garrett Dennis’s accusations alleged against African American Board Members and CEO Aaron Zahn. Here Plaintiff has failed to allege any misconduct by the Defendants or to demonstrate how he claims Defendants have silenced him. Defendants, as well as Plaintiff, are entitled to free speech. Thus, Plaintiff has failed to allege any misconduct by these Defendants, any harm to Plaintiff and further has failed to establish any causal connection between conduct of Defendants and harm to Plaintiff. In Paragraph 10 of the Complaint, Plaintiff seems to outline what he calls the lynch pin of his Complaint stating this started because a member of the Baptist Ministers Conference was sleeping with another Pastor's wife. Such slanderous allegations by Plaintiff should be stricken from his Complaint. (Fla. R. Civ. P. 1.140(f)). Furthermore, Plaintiff has failed to establish any connection between his allegations and harm to him, therefore he has failed to state a cause of action with respect to such allegation. Based on the allegations in the Complaint, and the arguments set forth herein, it is clear that Plaintiff has not and cannot state a cause of action for relief which can be granted by this court without violating the established principle of separation between Church and State. In addition to requiring dismissal with prejudice because any action by this court would violate the principle of separation between Church and State, Plaintiff has otherwise failed to establish a cause of action against these Defendants in that he has not alleged any specific misconduct by the Defendants or a viable cause of action. WHEREFORE, this case must be dismissed with prejudice. CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 3rd day of April 2020 the foregoing was filed with the Florida courts E-Filing Portal, which will serve it on the following counsel of record by electronic mail to Burney Bivens, Esq. at attybivens@aol.com, ruthie041@hotmail.com, lawoffice1543@qmail.com, Geremy Gregory, Esq. at garegory@balch.com, monsorno@balch.com, Charles Brumby, Esq. at cbrumby@balch.com, monsorno@pbalch.com, tmensah@balch.com and a true and correct copy of the foregoing original has been furnished to Anthony Conrad Beeks, 1978 Protection Point, Fleming Island, Florida 32003, by the U.S. Mail. Respectfully submitted, D hovdelhin pit Rhonda Peoplés-Waters, Esquire Florida Bar No.: 0186848 Rhonda Peoples-Waters, P.A. 625 West Union Street, Suite 2 Jacksonville, Florida 32202 Office: (904) 355-6002 Fax: (904)355-6006 Rhonda@JusticeRPW.com Attorney for Defendants BAPTIST MINISTER’S CONFERENCE OF DUVAL AND ADJACENT COUNTIES, REV. ROBERT LECOUNT and DISCIPLES OF CHRIST CHRISTIAN FELLOWSHIP MISSIONARY BAPTIST CHURCH (aka Disciples of Christ Christian Fellowship Baptist Church), REV. QUOVADIS THOMAS and GREATER MONCRIEF MISSIONARY BAPTIST CHURCH, REV. JAMES SAMPSON, REV. CHARLES COOPER, JR. and FIRSTNEW ZION MISSIONARY BAPTIST CHURCH, REV. CHAVALIS TAIWAUN WILLIAMS aka SHAWN WILLIAMS, SHAWN BONSELL, CHAVALIS BONSELL, CHAVALIS TAIWAUN BONSELL, and FIRST ELIZABETH BAPTIST CHURCH QUINCY, FLORIDA REV. DARIEN K. BOLDEN SR. and MINISTER DARIEN K. BOLDEN, JR., KEITH CANADY and FIRST MISSIONARY BAPTIST CHURCH FERNANDINA BEACH, FLORIDA REV. AARON FLAGG and EMANUEL MISSIONARY BAPTIST CHURCH REV. REGINALD EDWARDS and MT. PLEASANT MISSIONARY BAPTIST CHURCH CALLAHAN, FLORIDA REV. DR. JONATHAN BLACKBURN and JERUSALEM MISSIONARY BAPTIST CHURCH, REV. JAMES MERRITT and EPHESIANS MISSIONARY BAPTIST CHURCH, REV. EDWARD NORMAN SR. and REV. EDWARD NORMAN JR. and MT. SALEM MISSIONARY BAPTIST CHURCH, and REV. DEVES TOOM (aka Rev. Deves Toon) REV. CHARLES PRESTON and ST. JOHN MISSIONARY BAPTIST CHURCH, MIDDLEBURG, FLORIDA TERRELL HOGAN YEGELWEL, P.A. /s/ Leslie Scott Jean-Bart, Esq. Leslie Scott Jean-Bart, Esquire Florida Bar No.: 0120286 233 East Bay Street, Ste. 804 Jacksonville, Florida 32202 Telephone No.: (904) 356-7842 Fax No.: (904) 647-6514 E-Mail: jean-bart@terrellhogan.com E-Mail: jsalameh@terrellhogan.com Attorney for Defendants BAPTIST MINISTER’S CONFERENCE OF DUVAL AND ADJACENT COUNTIES, REV. ROBERT LECOUNT and DISCIPLES OF CHRIST CHRISTIAN FELLOWSHIP MISSIONARY BAPTIST CHURCH (aka Disciples of Christ Christian Fellowship Baptist Church), REV. QUOVADIS THOMAS and GREATER MONCRIEF MISSIONARY BAPTIST CHURCH, REV. JAMES SAMPSON, REV. CHARLES COOPER, JR. and FIRST NEW ZION MISSIONARY BAPTIST CHURCH, REV. CHAVALIS TAIWAUN WILLIAMS aka SHAWN WILLIAMS, SHAWN BONSELL, CHAVALIS BONSELL, CHAVALIS TAIWAUN BONSELL, and FIRST ELIZABETH BAPTIST CHURCH QUINCY, FLORIDA REV. DARIEN K. BOLDEN SR. and MINISTER DARIEN K. BOLDEN, JR., KEITH CANADY and FIRST MISSIONARY BAPTIST CHURCH FERNANDINA BEACH, FLORIDA REV. AARON FLAGG and EMANUEL MISSIONARY BAPTIST CHURCH REV. REGINALD EDWARDS and MT. PLEASANT MISSIONARY BAPTIST CHURCH CALLAHAN, FLORIDA REV. DR. JONATHAN BLACKBURN and JERUSALEM MISSIONARY BAPTIST CHURCH, REV. JAMES MERRITT and EPHESIANS MISSIONARY BAPTIST CHURCH, REV. EDWARD NORMAN SR. and REV. EDWARD NORMAN JR. and MT, SALEM MISSIONARY BAPTIST CHURCH, and REV. DEVES TOOM (aka Rev. Deves Toon) REV. CHARLES PRESTON and ST. JOHN MISSIONARY BAPTIST CHURCH, MIDDLEBURG, FLORIDA EXHIBIT A nemnnameeenenaianntnenentnminminmatt $ave ARTICLET The name of this organization shall be THE BAPTIST MINISTERS BROTHERHOOD/ CONFERENCE OF DUVAL AND ADJACENT COUNTIES OF FLORIDA. ARTICLE IL OBJECT Section 1, The object of this Brotherhood/Conference shall be the study of God's Word: the promulgation of the Gospel by means of |Preaching, 5. Bible Conference, Seminars, Institutes and Revivals, Equipping its members for the work of ministry, stimulating the 7. bonds of fraternal friendship, to aid its members in worthy - 8 causes; to uphold the highest moral and ethical principles of Christian Ministry, ARTICLE OT MEMBERSHIP 10. Section 1, Membership in this body shall be limited to male “Ordained 1 Ministers" and Licensed Preachers of the Missionary Baptist 12. Denomination. (I Timothy 3:1-7, KTV) 13, Section 2, Any Pastor of a Missionary Baptist Church that is 14, recognized by the Brotherhood/Conference, may upon application, become a 15 member of the Brotherhood/Conference, subject to a two-thirds (2/3) 16. vote of the members present, 17. Section 3. Any Baptist Minister of the Missionary Baptist 18, Denomination, who is not a Pastor, may become a member of the 19. Brotherhood/Conference upon the recommendation of his Pastor, or the 20. recommendation of the Membership Committee, subject to a two-~ ai thirds (2/3) vote, and the payment of joining fee and annual dues. 22. Section 4. Upon the signed recommendation of the membership Committee, andby a three-fourths (3/4) vote of members present 24 at the Annual Meeting, Honorary Life Membership can be conferred 25. upon a member, who shall have rendered notable service to the 26. Brotherhood/Conference. An Honorary Life Member shall have none of the 27. obligations of membership in the Brotherhood/Conference, but shalt 28, be entitled to all of the privileges of membership. 29 Section 5. A joining fee of $50.00 is required. The annual dues.shall be $120.00. 30. A reinstatement fee of $35.00 is required when a member has been dropped from 31 membership. The Financial Secretary shall 32, notify members, who are three (3) months in arrears, and those 33. whose dues are not paid within three (3) months thereafter shall 34, be automatically dropped from the membership of the Brotherhood/Conférence. 35, Dues may be paid in quarterly installments. 36, Section 6. Any member who violates the ethical principle 37. of the Christian Ministry in the meeting, shall not be allowed to 38 take part in the further deliberation until he has set 39. himself right with his brethren. > 40. Section 7. Any member who conducts himself unbecoming to ‘ 4) the Christian Ministry, shall be reprimanded by this Brotherhood/Conference. 42 The right hand of fellowship of this Brotherhood/Conference may be withdrawn 43. by a majority vote. Section 8. Any person who is not a member of this 45. Brotherhood/Conference and desires to speak, shall do so only upon the 46, request of their Pastor, President of the Brotherhood/Conference or the Civic Committee, ARTICLE IV OFFICERS 47 Section 1, The officers of this Brotherhood/Conference shall be a President, AB. a First Vice President, a Second Vice President, a Third Vice President, 49. a Recording Secretary, an Assistant Recording Secretary, a Financial 50, Secretary, a Corresponding Secretary, and a Treasurer, These’ 51 Officers shall perform the duties prescribed by 52, these By-Laws and by the Parliamentary Authority adopted by 53. the Brotherhood/Conférence. 34. Section 2. Officers shall be elected at the Annual Meeting to 55. serve for two years or until their successors are elected, and 56, their term of office shall begin at the close of the 57. Annual Meeting at which they are elected. 58. Section 3. No member shalt hold more than one office at a time, 59. and no President shall be eligible to serve more than three (3) 60, consecutive terms in office. ARTICLE V MEETINGS ’ 61 Section 1, The regular meeting of the Brotherhood/Conference' shall be held 62. on each Monday of each month, except the month of September, unless §3. otherwise ordered by the Brotherhood/Conference or by the Executive Board. 64, Section 2. The regular meeting on the last Monday in 65, November of each year unless changed by a vote of the Brotherhood/Conference, 66. shall be known as the Annual Meeting and shall be for the ‘purpose 67. of electing officers, receiving reports of officers and 68. committees, and for any other business that may arise. 69, Section 3. Special meetings may be called by the President or by 70, the Executive Board in cases of emergency. nl Section 4. Fifteen (15) members of the Brotherhood/Conference shall 72. constitute a quorum, which must be met to discuss official issues, ARTICLE Vi EXECUTIVE BOARD BB. Section 1. The Officers of the Brotherhood/Conference and 74. Past President, shall constitute the Executive Board. 7. Section 2, The Executive Board shall have the general supervision 76 of the Brotherhood/Conference between its business meetings, fix the hours and 77. place of meetings, make recommendations to the Brotherhaod/Conference, and 2B. shall perform such other duties as are specified in these By-Laws. 79. The Executive Board shall be subject to the orders of the Brotherhood/Conference, 80, and none of its acts shall conflict with the actions taken by the 81 Brotherhood/Conference. “rest ttanntn n ARTICLE Vi COMMITTEE Section 1. A Finance Committee composed of the Treasurer, Financial Secretary, and three (3) other members shall be 84, appointed by the President promptly after each Annual Meeting. 85. It shall be the duty of this committee to prepare a budget for 86. the fiscal year to be presented to the Brotherhoad/Conference at the first 87. meeting in January, for approval. The Finance Committee can, 88. from time to time, submit supplements to the budget for the current fiscal year. 89, Section 2, A Program Committee of five (5) members shall be 90. appointed by the President promptly after the Annual Meeting, 91 whose duty shall be to plan the Annual program for the Brotherhood/Conference. 92. This committee shall submit its report to the Brotherhaod/Confereace for its approval at the first meeting in January. 94, Section 3. An Auditing Committes, consisting of three (3) 95. Members, shalt be appointed by the President at the first meeting 96. Jn November, whose duty it shall be to audit the Treasurer's OF, accounts and reports. 98 Section 4, A Membership Committee shall consist of five (5) 99 members appointed by the President promptly after the Annual 100, Meeting, whose duty it shall be to investigate prospective 101. applicants for membership into the Brotherhood/Conference, to ascertain their 102. credentials and their worthiness for membership. nearest 103. Section 5. Such other committees, standing or special, shalt be 104, appointed by the President, as the Brotherhood/Conference or the Executive 105, Board shall, from time to time, deem necessary to carry on the 106. work of the Brotherhood/Conference. The President shall be Ex-Officio a 107, member of all committees. . ARTICLE VID. PARLIAMENTARY AUTHORITY 108. Section 1. The rules contained in the current edition of Robert's 109. Rules of Order Newly Revised shail govern the Brotherhood/Conference on all 110, cases to which they are applicable and in which they are not lik. inconsistent with these By-Laws and any special niles of order 112, the Brotherhood/Conference may adopt. ARTICLE IX AMENDMENT oF. BY-LAWS 113. Section 1, These By-Laws can be amended at any regular meeting of 114. the Brotherhood/Conference by a two-thirds (2/3) vote of members present 115. provided that the amendment has been submittedin writing, and read at three 116. previous regular meeting. ’ ARTICLE X AUXILIARIES 117, “Section 1. All Auxiliariesof THE BAPTIST MINISTERS BROTHERHOOD/ 118, CONFERENCE OF DUVAL AND ADJACENT COUNTIES OF FLORIDA are hereby 119, subordinate to, and hereby required to work in harmony with the 120, Tales and regulations of this Brothethood/Conference." LL “Section 2, All rules and regulations governing any and 122, ail subsidiary bodies of this Brotherhood/Conference shall be ratified and 123, approved by this Brotherhood/Coaference.” 124, "Section 3. No rules or regulations may be set forth in an 125. Auxilfary that conflicts with this document or any decision of 126 this Brotherhood/Conference,” sane nn BAPTIST MINISTERS’ CONFERENCE NOVEMBER 30, 1998 THE NOMINATION COMMITTEE MET ON NOVEMBER 9, 1998, AND AFTER MUCH PRAYFUL CONSIDERATION AND DELIBERATION RECOMMENDS THE FOLLOWING SLATE OF OFFICERS: 15° VICE PRESIDENT REV. PRESTON 28? VICE PRESIDENT REV. BANKS 3° VICE PRESIDENT REV. GLANTON REC’D SECRETARY REV. GRIFFIN ASS’T REC’D SECT, VACANT FINANCIAL SECT. REV. SIMS CORR. SECRETARY REV. BATTLES TREASURER REV. NORMAN HUMBLY SUMMITTED, REV. W. L. GLANTION, CHAIRPERSON REV. F. NEWBILL, PRESIDENT BAPTIST MINISTERS’ CONFERENCE EXECUTIVE COMMITTEE President Rev, J. B. Sampson 1" Vice President Rev. C. E, Preston 2" Vice President Rev. C. Banks 3 Vice President Rey. W. L. Glanton Recording Secretary Rev. E. Griffin Asst, Recording Secretary Rev. C. J. Sheppard Financial Secretary Rev. G. L. Sims. Corresponding Secretary Rev. J. Battle Treasurer Rev. E. f. Norman Past President Rev. F. Newbill FINANCE COMMITTEE Treasurer Rev, E. 1, Norman Financial Secretary Rev. G. L. Sims MEMBERS Rav. Percy Jackson Rev. H. H. Wright, Jr. Rev. C.E. Preston Rev. A. Asberry PROGRAM COMMITTEE Rev. C. Banks Rev. Ernest Griffin Rev. Isaac Johnson Rev. C. Cooper Rav. Perry Robinson Rev Albert Simpson Rev. W. Liptrot AUDITING COMMITTEE Rev. J. C. Green Rev. Johnny McKinnie Rev. Isaac Roberts Rev. R. L. Gates Rev. J. Battle MEMBERSHIP COMMITTEE Rev, John Battle Rev. E, L. Murray,Sr. Rev. J, H, Perry Rev, W. L. Glanton Rev. Q. Thomas Rev, C, Cooper Rev. &. |, Norman CIVIC COMMITTEE Rev. Perry Robinson Rev. Moses Javis Rev. W, L. Glanton Rev. Jeremiah Robinson, dr. Rev. Wallace Rasberry Rev. Percy Jackson Rev. J. C. Green Rev. J, Merritt EDUCATION COMMITTEE Rev. Emest Griffin Rev. Randy Hezekiah Rev. WY. Liptrot Rev. C, J. Sheppard Rev. J, Battle Rev. Lenny James Rev. G. L. Sims MODERATORS COMMITTEE Rey. E. |, Norman, Chairman Rev. J, ©. Green Jacksonville Gateway Rey. R. R. Russ dacksonville Christian Fellowship Rev. Charles Banks Jacksonville Emanual progressive Rey. W. Lavant Jacksonville Greater Unity” Rey. Tom Diamond Jacksonville Union Progressive Rev. W.L. Glanton Jacksonville Union St. James Rev. Odell Smith Jacksonville East Jacksonville BUILDING ADMINISTRATIVE (Projects) Rey. Perry Robinson Rev, John Perry Rev. G. L. Sims Rev. E. Griffin EVANGELISM Rev. Q. Thomas Rev. C. J. Sheppard Rev. C, Cooper Rev. E. G, Gage Rev. R. LeCount YOUNG PASTORS’ MINISTERS TRAINING COMMITTEE Rev. E. L. Murray, Sr. Rev. Rudolph McKissick, Sr. Rev. W. Rasberry Rev. Johnny McKinnie Rev. J. C. Green Rev. A. Asberry Rev. M. Javis BAPTIST CONFERENCE FELLOWSHIP CHOIR COMMITTEE Rev. H. H. Wright, Jr. Rev, Eugene White Rev. Bolden Rev. Rudolph MckKissick, Jr. Rev, Quan Glover BAPTIST MINISTERS CONFERENCE List of Priorities 1, To become a Charter Organization with the State of Florida, 2. To apply for (501C3). 3. To create a set of by-lawsto comply with the constitution. 4, To create a organization apart from the Baptist Ministers Conference to channel government finds and grants. 5. To create @ Mission Statement for the Baptist Ministers Conference.