What is the United Effort Plan Trust?
The United Effort Plan Trust (the “UEP” or “Trust”) is a Utah charitable trust which holds property for the benefit of a specified beneficiary class. The Trust was originally established as a private trust in 1942, and was thereafter amended and restated to become a charitable trust in 1998. Since 2005, the Trust has been under the jurisdiction of the Utah probate court in Case No. 053900848 in the Third Judicial District Court of Salt Lake County, Utah (the “Probate Court”). In 2006, the Probate Court entered a Reformed Declaration of Trust of the United Effort Plan Trust Dated October 25, 2006 (the “Reformed Trust Declaration”) [add hyperlink] which is the Trust’s governing document.
What is the purpose of the Trust?
Under the Reformed Trust Declaration, the purpose of the Trust is to provide for members of the Trust’s beneficiary class (known as Trust Participants) according to their just wants and needs. The primary purpose is to providing housing with the goal of securing residences for Trust Participants. Secondary purposes concern education, occupational training, economic development, and the provision of food, clothing, and medical needs.
Who controls the Trust?
Pursuant to the rulings of the Probate Court and the provisions of the Reformed Trust Declaration, the primary authority for administering the Trust presently lies with a Board of Trustees (the “Board”) which presently remains subject to the oversight of the Probate Court.
The Board has engaged an Executive Director and other employees to assist in running the day-to-day operations of the Trust in accordance with the directives of the Board.
Who are the Trustees?
The Board of Trustees consists of seven members who were appointed and/or approved by the Probate Court. The current members of the Board are Donald Timpson, Arnold Richter, Dee Bateman, Greg Barlow, Shirley Draper, Jean Allred, and Ramona Barlow.
How are the Trustees selected?
The initial members of the Board were appointed by the Probate Court from applicants who were first vetted by the Utah Attorney General’s Office. While many people applied to be on the Board, the individuals where were selected as Trustees were all locals who had grown up living on UEP property. Since the appointment of the initial Board, additional trustees have been added to the Board by the Probate Court in accordance with a selection process set forth in the Reformed Trust Declaration.
Upon the expiration of the staggered terms of the present Board members, additional Trustees will be selected in accordance with the Reformed Trust Declaration. A form Application for selection to the Board is found on the Trust’s website, at www.ueptrust.com.
Does the Board discriminate on the basis of religion?
No. The Reformed Trust Declaration requires that the Trust be administered in a religiously neutral manner, and the Board does not discriminate or favor any petitioner based upon religious affiliation. The Board seeks to be accommodating to religious beliefs and practices to the extent such accommodation can be made without violating the religious-neutrality requirements.
Why are there no members of the FLDS Church on the Board?
To the knowledge of the Board, no member of the FLDS Church has applied to be appointed to the Board since the commencement of the Trust probate action in 2005. In accordance with the Reformed Trust Declaration, all Board applicants have been, and will continue to be, evaluated according to religiously-neutral principles without discrimination or favoritism based upon religious affiliation. The Board does not ask for the religious affiliation of applicants and does not consider such in the selection process.
What is the Board’s vision for the future?
The Board’s overall vision is to use and distribute Trust property for the benefit of Trust Participants in accordance with the terms of the Reformed Trust Declaration. The Board desires to empower Trust participants and to benefit the community by establishing home ownership, fostering education and training, and developing public-use lands, resources, and facilities.
Who owns the Trust property?
The property of the Trust consists primarily of real property, including residences, located in Hildale, Utah, Colorado City, Arizona, and Bountiful, British Columbia. The Trust’s property is owned by the Trust and is administered by the Board subject to the provisions of the Reformed Trust Declaration. No state, entity, or individual has any ownership rights to Trust property, other than the Trust.
What is the State of Utah’s involvement with the Trust?
Because the Trust is a Utah charitable trust organized under Utah law, it is subject to Utah charitable trust laws and regulations. This does not mean that the State of Utah owns or controls the Trust or its property.
Under the law, the Utah Attorney General’s office is tasked with oversight of all Utah charitable trusts. This oversight is designed to ensure that charitable trusts are administered in accordance with their governing trust documents and all relevant laws