“He’s been wronged. He was wrongfully discharged from the temple. Had a proper investigation been conducted, it would have shown that he engaged in no wrongdoing whatsoever,” Mark Coon, Book’s attorney, said last week.
“The second point and the second wrong, which the rabbi seeks to redress, is that his name has been sullied and he has been defamed.”
The lawsuit denies allegations made by congregants that the rabbi “improperly used monies from the Discretionary Fund” and “engaged in improper relations with a female member of the Temple Beth Sholom.”
A former congregant and part-time employee had filed a lawsuit this summer that accused Book of sexual harassment.
Marvin Zinn, the Conservative synagogue’s board president and one of the defendants, refused comment on Book’s lawsuit. But Alan Levins, the synagogue’s attorney, said the suit “has no merit whatsoever.”
Though he declined to rebut specific parts of Book’s lawsuit, Levins said the synagogue denies any wrongdoing and has the First Amendment right to choose its spiritual leader without interference.
The rabbi’s wife, Sharon Book, is co-plaintiff in the suit, which was filed in Alameda County Superior Court on Sept. 12. The couple is suing the East Bay synagogue and 19 congregants, mostly board members.
According to the suit, Book’s total annual compensation topped $74,000 annually. It included his salary as well as housing and auto allowances.
He is asking for the money due him under his seven-year contract, as well as an unspecified amount for future damage to his career caused by the alleged defamation. His contract wasn’t set to expire until June 30, 2002.
According to a legal response filed by the synagogue Oct. 11, the rabbi’s request exceeds $3.2 million.
An initial court appearance has been set for Nov. 7 in Alameda County Superior Court.
Book was placed on administrative leave in mid-March when the 240-household synagogue began investigating an unrelated, unspecified charge. During that investigation, board members allegedly came across discrepancies in the rabbi’s use of his discretionary fund.
One board member, who spoke on condition on anonymity, had said checks were written to the rabbi’s dry cleaner and his daughter’s university.
The rabbi was fired “for cause” on May 20.
Elinor DeKoven, then the board president and now a co-defendant in the suit, said in May that Book was fired after he ignored requests for details about his discretionary fund.
But Coon said the temple “has gone back and forth” on the reasons for Book’s firing.
“The temple indicated, without ever confirming, that his termination was based on purported accounting discrepancies related to the discretionary fund, which in fact was never investigated,” Coon said.
According to his contract, Book’s discretionary fund was subject only to a quarterly review performed by an independent auditor. That review did not happen before he was fired, his lawsuit states.
Other accusations have since surfaced.
In June, a former part-time employee and congregant sued Book, alleging sexual harassment and other misconduct over a three-year period ending this spring. Book’s lawyers deny the rabbi engaged in any impropriety.
The woman’s suit also names the synagogue for allegedly failing to properly screen Book when he was hired. The board president has refused to comment on any lawsuit.
The libel and slander sections of Book’s lawsuit revolve around accusations of improprieties that congregants made about Book to one another and to the local media over the past six months.
According to the suit, for example, the September-October 1996 issue of the synagogue’s newsletter listed the qualities wanted in a new rabbi.
“`Not surprisingly, when asked about the qualities we want, a huge majority mentioned honesty, integrity, trustworthiness, credibility, ethics, humility, sincerity, etc. Surprised?'” the lawsuit quotes from Kol Sholom, the newsletter.
“The same publication contained a statement that plaintiff Ira Book had betrayed defendant Temple and had been dismissed,” the lawsuit said.
Congregants also harmed Sharon Book, the lawsuit alleged, because they knew that by accusing the rabbi, his wife “would be humiliated and would be caused to suffer great shame and embarrassment.”
Meanwhile, the congregation has taken steps to seek criminal prosecution of Book. On Sept. 19, Beth Sholom filed a report with the San Leandro Police Department that alleges misuse of the discretionary fund.
However, no criminal charges are currently pending, police Sgt. Don Marchetti said.
To support its claim, Marchetti said, the synagogue provided a “partial, in-house audit” of checks written by Book. But Marchetti said that Beth Sholom must offer an audit by an outside party before the police or district attorney will move ahead.
Marchetti added that proving any wrongdoing will be difficult.
“Part of the problem is all this stuff is semi-confidential,” he said. “And again, it’s a discretionary fund.”