K3NES
W-AJ-iUvJ ATTORNEYS & COUNSELORS
HOLBROOK& est. 1875
MCDONOUGHpc
TEL: 80I-53I-32OO
November 21, 2008 FAX: 801-328-0537
170 SOUTH MAIN ST, SUITE I5OO
SALT LAKE CITY, UTAH 84IOI
By Facsimile and United States Mail
WWW.JONESWALDO.COM
Lyman Kirkland
Public Affairs Department
Church of Jesus Christ of Latter-day Saints
Joseph Smith Memorial Building
15 E. South Temple St. Rm. 2W10
Salt Lake City, Utah
Fax: (801)240-1167
Frank Davie, President
Las Vegas Nevada Warm Springs Stake
c/o Neil Andersen, Regional Representative
Church of Jesus Christ of Latter-day Saints
50 East North Temple
Salt Lake City, Utah 84150
Fax: (801)240-3698
Gentlemen:
Chad Hardy has retained this firm in connection with certain actions taken against
him by the Church of Jesus-Christ of Latter-day Saints (the "Church") and Brigham
Young University. I have written separately to the University with regard to its actions.
A courtesy copy of that letter in enclosed. I write you with regard to the actions of the
Church in publishing false and defamatory statements about Mr. Hardy.
As you know, Mr. Hardy is involved in a business enterprise that produces the
"Men on a Mission" calendar, featuring former Church missionaries. The calendar
contains depictions of the former missionaries and descriptions of their experience, along
with an express disclaimer. A portion of the proceeds from the sales of the calendar is
donated to charity and directed to helping people in the different areas of the world where
the missionaries served.
On March 21, 2008, Frank Davie, President of the Church's Warm Springs Stake
in Las Vegas, Nevada, contacted Mr. Hardy on his business email account. President
Davie said his purpose was to "get to know" Mr. Hardy. He also made reference to Mr.
Hardy's involvement with the calendar.
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SALT LAKE CITY, UTAH - ST. GEORGE, UTAH
On March 24, 2008, President Davie called Mr. Hardy at work, again requesting a
meeting, and again stating that he wished to talk about the calendar. During this
conversation, President Davie said the "brethren" (which Mr. Hardy understood to be a
reference to unspecified but high-placed Church leaders in Salt Lake City) had heard Mr.
Hardy was planning a calendar featuring former women missionaries of the Church and
they were "very concerned."
Between March 24 and April 1, President Davie continued to contact Mr. Hardy
requesting a meeting, and a meeting eventually was scheduled for April 15.
On April 15, President Davie and Bishop Olds met with Mr. Hardy and a friend of
his in his home. During the two-hour meeting, President Davie expressed the view that
the "Men on a Mission" calendar was inappropriate and asked Mr. Hardy to stop the
publication and sale of the calendar. Mr. Hardy explained the purpose of the calendar
project and his commitment to the positive messages conveyed by the calendar, but said
he would discuss President Davie's concerns with his business partner. No other subject
was discussed.
In the weeks following the meeting, President Davie continued to contact Mr.
Hardy by email and telephone repeating his request that production of the calendar be
stopped and his view that the calendar is "inappropriate" and "does not represent the
Church or Church missionaries in the right way."
On June 5, 2008, Mr. Hardy wrote to President Davie that he understood and
appreciated the personal concerns President Davie expressed. He explained that he is not
the only one who is involved in the publication and distribution of the calendars but also
has a responsibility to financial investors. He also reiterated his intention that the
calendar project "in no way is meant to demean, disrespect or misrepresent the LDS
church fundamental beliefs." He politely confirmed his decision to continue the project.
In response to this communication, President Davie requested a "one-on-one"
meeting with Mr. Hardy, referring for the first time to unspecified matters "regarding
[Mr. Hardy] personally." Mr. Hardy's inquiries yielded no further details, only repeated
requests by President Davie to discuss some unspecified matter that "needs to be talked
about between the two of us as it is quite personal."
In response to these requests, Mr. Hardy called President Davie on July 1, 2008.
In this conversation, President Davie asked Mr. Hardy whether he was paying tithing and
wearing his temple garments. Mr. Hardy responded honestly and forthrightly. President
Davie also directly accused Mr. Hardy of being involved in a sexual relationship with the
same friend who was present at the initial April 15 meeting in Mr. Hardy's home. This
accusation is false, and Mr. Hardy forthrightly and unequivocally denied it. President
Davie refused to identify the source of this false accusation. Mr. Hardy believes
President Davie must have discussed this false accusation with unknown third parties.
866122.1
Mr. Hardy wrote President Davie later that day expressing the hope that having
confronted Mr. Hardy with this false accusation, President Davie was satisfied he had
obtained the correct information. He also made it clear he did not see any purpose in
further discussing his personal life or business affairs with President Davie.
The next day, President Davie wrote Mr. Hardy stating he had "broken [his]
priesthood and temple covenants and engaged [himself] in a project that is considered
inappropriate," all allegedly '"conduct unbecoming of a member of the Church.'"
President Davie advised Mr. Hardy he would be dispatching two Church elders to deliver
a "Notice of a Church Disciplinary Council," stating he had a "responsibility to take this
action in [Mr. Hardy's] behalf."
On July 9, 2008, Mr. Hardy was summoned to appear before a Church
disciplinary council to answer the charge of "conduct unbecoming a member of the
Church."
Mr. Hardy contacted President Davie the following day and asked to be told
the specific charges against him. President Davie did not mention the alleged sexual
relationship, but stated that in addition to refusing to stop production of the calendar, Mr.
Hardy had not paid tithing and was not wearing the temple garments. On July 11, 2008,
the Associated Press reported that President Davie confirmed sending the summons and
said the calendar was the primary concern, but also added: "There is more involved, and
he and I will have our meeting."
On July 13, the disciplinary council, comprised of President Davie, his counselors
and members of the local church hierarchy, met with Mr. Hardy at the Warm Springs
Stake Center in Las Vegas.
President Davie informed the council that Mr. Hardy had
been summoned before the council, and that he had admitted not paying tithing and
wearing the temple garments. He then asked Mr. Hardy to address the body, which Mr.
Hardy did, focusing on the calendar project. This was followed by questions and
discussions, again all focused on the calendar project, after which Mr. Hardy was told to
leave the room.
A short time thereafter, President Davie informed Mr. Hardy the council
had excommunicated him. At no time during the disciplinary council proceedings was
there any reference to the false allegations of a sexual relationship.
On July 22, Hardy received a letter dated July 16 from President Davie stating the
decision of the council was excommunication for "conduct unbecoming a member of the
church." No details were given.
Mr. Hardy confirmed to the media that the only issues raised with him were the calendar, tithing and garments.
Since the Church emphasizes that members are not excommunicated for such
things as a failure to pay tithing or wear temple garments, the only reasonable conclusion
is that Mr. Hardy was excommunicated for the allegedly "inappropriate" calendar. The
media properly reported that conclusion.
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Unfortunately, building on President Davie's reference to there being "more
involved" in the Church disciplinary proceeding, the Church proceeded to dispute the fact
that Mr. Hardy was excommunicated for the calendar.
Specifically, after conferring with President Davie, who repeated the scurrilous accusation that the excommunication was
"warranted for several reasons other than the infamous calendar," the Church published
an item on September 30, 2008 on its official media website, newsroom.lds.org,
expressly disputing the fact that Mr. Hardy was excommunicated for the calendar.
Because the item did not specify the only other conduct that was raised with Mr.
Hardy in the proceeding, which is non-excommunicable conduct, it left the clear
implication that Mr. Hardy was guilty of some excommunicable conduct. A search of the
Church's official website, www.lds.org., confirms that excommunication generally
follows findings of serious transgression such as murder, rape, abortion, adultery,
fornication, homosexual relations, child abuse, spouse abuse, deliberate abandonment of
family responsibilities, robbery, burglary, embezzlement, theft, sale of illegal drugs,
fraud, perjury, or false swearing.
Mr. Hardy was neither charged with nor guilty of any such offense in his
disciplinary proceeding.
Assuming his involvement with the calendar was so "inappropriate" as to be considered an excommunicable offense,
the Church should have made this clear and left it at that. Instead, compounding the injury President Davie
inflicted on Mr. Hardy by falsely accusing him of immorality and publishing scurrilous
innuendo in the media, the Church created the clear implication that Mr. Hardy was not
excommunicated for involvement with the calendar, but for other serious transgression of
the type that in Church practice justify excommunication.
Based on the foregoing, we respectfully request confirmation that Mr. Hardy was
excommunicated for his involvement with the calendar, period, full stop. We specifically
request that this confirmation be provided in writing to this firm. We also request that all
information and documents pertaining to the Church's disciplinary action be provided for
our review.
We would like to work together on a suitable statement for distribution via
the same media as the original false and defamatory implication that he was
excommunicated because of other unspecified but serious immoral or illegal conduct.
As he has consistently said in his own comments to the media, Mr. Hardy harbors
no ill will toward the Church. His interest is in correcting the record and clearing his
good name. I look forward to working with you to that end. If you are unwilling to
follow this course of action toward an amicable resolution of this matter, please let me
know so I can advise Mr. Hardy as to his other options.
Very truly yours,
Enclosure
cc: Chad Hardy