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	Concerns Raised over Minister, Donations One Calls Situation 'Pathetic' By Marcel Honoré Desert Sun [California] March 12, 2007 http://www.thedesertsun.com/apps/pbcs.dll/article?AID=/20070312/NEWS01/703120317/1006 A group of worshippers has left New Community Church of the Valley amid concerns its minister, David Moore, is not using their donations as they were intended. The worshippers donated to a fund to construct a permanent church building, but the fund is instead supporting church operations, sources in the congregation say. Church treasurer Bob Bird said Wednesday the search for a new building is on hold. Former members representing about $30,000 in building fund donations were dismayed at what they saw to be a lack of progress. They doubt a new church will ever be built. One donor, La Quinta resident Byron Wells, gave $25,000. He filed a complaint with District Attorney Rod Pacheco in February after his requests that the church refund his donation went unanswered. The District Attorney's Office is reviewing the matter. Wells and the other donors say Moore pushed for the building contributions several years ago, when the church met at Empire Polo Field in Indio. The congregation now meets at Woodhaven Country Club in Palm Desert. New Community Church tried to build a Bermuda Dunes church in 2005, following a controversial land purchase that was also reviewed by the District Attorney's Office. In that deal, Moore's son-in-law, Rod Vandenbos, bought Bermuda Dunes property and sold it to the church and its backers at a nearly $600,000 profit. It turned out the land, near Bermuda Dunes Airport, was unsuitable for a church. Church board member Harry Chamberlain said the church later sold the land. Moore resigned as Southwest Community Church's pastor in 2002 after revealing photos of him in a hot tub with his wife and another woman surfaced. He denied any wrongdoing in connection to that scandal. Moore did not return several messages left by The Desert Sun this week. At the very least, the building campaign has stalled. A recent update to church members put the fund balance at $325,000 as of Dec. 31, 2006. "We'd be out of our minds to put up a building ... with (that) amount of money," Bird said. The update also showed New Community Church owed its building fund $115,000, and Vandenbos' company, iLand Corp., owed $134,000. Both are paying a 10 percent interest rate. No explanation was given for the debts. On Jan. 9, Chamberlain played to several members a recorded message of Moore announcing the church must focus on building its membership instead of a new church, according to Moore supporter Gary Damian. The church plans to borrow from the fund to help cover operations during the slow summer months, Damian said. Winter donations would presumably replenish the fund, when many members returned to the valley. But after two years without progress on a new church, Wells and other donors want to give their gifts to other causes. Chamberlain, however, told the gathering that any refunds would be illegal, according to Damian. "I'm so disappointed," Wells said. "It's a pathetic situation." Legality unclear It's still unclear if the church would be violating any laws by borrowing from the fund to support its operations. Paul Marx, a tax attorney with Costa Mesa-based Rutan and Tucker who represents nonprofits, said it depends on any contractual restrictions on the donations placed in advance. Wells said he donated after a private meeting in which Moore, Vandenbos and church attorneys discussed the building campaign at a church member's home. Wells also wrote "building fund for new" community on his check. Marx said both could conceivably constitute a legal contract. Marx added, however, that the burden falls on Wells and other donors to prove the church has breached its contract before they could get a refund. As long as the church borrows and "there's a reasonable likelihood of repayment," that proof could be difficult, Marx said. He added the building fund could then sit indefinitely. Five other disgruntled former members reported donating between $500 and several thousand dollars. Some now worship at the non-denominational Desert Springs Church in Palm Desert. They declined to be named - some cited close friendships with New Community Church members. All felt they had been used. Chamberlain said many valley churches deal with similar donation problems. He declined to comment further.
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