WELCOME!

Associates in Advocacy now has two sites on the internet. Our primary help site is at http://www.aiateam.org/. There AIA seeks to offer aid to troubled pastors, mainly those who face complaints and whose careers are on the line.

Help is also available to their advocates, their caregivers, Cabinets, and others trying to work in that context.

This site will be a blog. On it we will address issues and events that come up.

We have a point of view about ministry, personnel work, and authority. We intend to take the following very seriously:

THE GOLDEN RULE
THE GENERAL RULES
GOING ONTO PERFECTION

Some of our denomination's personnel practices have real merit. Some are deeply flawed. To tell the difference, we go to these criteria to help us know the difference.

We also have a vision of what constitutes healthy leadership and authority. We believe it is in line with Scripture, up-to-date managerial practice, and law.

To our great sadness, some pastors who become part of the hierarchy of the church, particularly the Cabinet, have a vision based on their being in control as "kings of the hill," not accountable to anyone and not responsible to follow the Discipline or our faith and practice. They do not see that THE GOLDEN RULE applies to what they do.

If you are reading this, the chances are you are not that way. We hope what we say and do exemplify our own best vision and will help you fulfill yours. But we cannot just leave arrogance, incompetence, and ignorance to flourish. All of us have the responsibility to minimize those in our system.

We join you in fulfilling our individual vow of expecting to be perfect in love in this life and applying that vow to our corporate life in the United Methodist Church.

* * * * * * * * * * * * * * * * * * * * * * * * * * * *

If you have any questions or suggestions, direct them to Rev. Jerry Eckert. His e-mail address is aj_eckert@hotmail.com. His phone number is 941 743 0518. His address is 20487 Albury Drive, Port Charlotte, FL 33952.

Thank you.

(9/26/07)


Showing posts with label episcopal overreach. Show all posts
Showing posts with label episcopal overreach. Show all posts

Wednesday, March 1, 2017

JCD 1319

JCD 1319


May the Bishops Change the Conference Meeting Time?

No.

Next question?

The decision is clear.  What is not clear is why a delegate from the Congo Central Conference had to ask in the first place.  

My speculation is that the bishops wanted to change the date previously set by the conference to one that fit their own needs.  

If the need to change the date were serious, such as a civil war or devastating weather event, the question would never have been raised.  I do not think it is much of a stretch that there was a case of episcopal overreach and it was stopped by seeking the help of the Judicial Council.

But that’s me . . . .

Maybe the most important matter was that the Council took jurisdiction despite the fact that the matter was not before the General Conference in any petition or other action and it dealt with a matter that the General Conference could not handle.  The questioner was allowed to use the plenary to raise a hypothetical question and the Council saw the wisdom of allowing it.

I’ve been aware in the past that the Council tends to relax the rules a bit in order to show respect for concerns of delegates from the central conferences.  

Creative?  Not particularly.  Helpful?  Certainly.  Necessary?  Probably, because bishops were acting outside their authority and they already think that they answer only to God.  But the Judicial Council’s word has a way of sometimes keeping bishops within the bounds of their proper authority.  So it is worth it to make requests for declaratory decisions even when the normal practices of the Council show little promise of getting a meaningful response.  

Sunday, November 15, 2015

CONCLUDING THOUGHTS ON THE 2015 FALL SESSION


I have four observations to make about the fall session of 2015.  One, the case load was exceptionally light.  Two, the bishops won big on many little things but were put off till May on their one big thing.  Three, what would happen if we changed to casting lots to elect delegates to General Conference?  Four, Local Pastors are extremely vulnerable, perhaps in violation of our constitution.

First, the case load for the fall sessions of the Council have tended in recent years to average two dozen docket items.  This year there were about a third of that number.  And of that nine, one was a reconsideration (JCM 1299), one was a carry-over from the past (JCD 1302), two were related to the concern about “appointive cabinets” (JCDs 1301 and 1307), two were related to electing delegates by casting lots (JCMs 1305 and 1306), two showed ways the Council could refuse jurisdiction (JCDs 1304 and 1308), and one of some consequence was put off until May 2016 (JCM 1303).  Almost half were deferred (JCMs 1301, 1303, 1305, and 1306), requiring no hammering out of a decision.  

This lighter load allowed for some rationale to be presented on all but the request for reconsideration (JCM 1299).  That gave the Council a chance to offer us more insight into their way of thinking.  Too often, the Council has had little time to explain themselves on cases where they could not take jurisdiction.

Second, while the bishops were put off on their request for possible support of the Council on “Plan UMC Revised,” they won on everything else directly or indirectly.  JCM 1299 changed nothing with respect to holding bishops accountable.  JCM 1300 has postponed testing a bishop for unmaking an appointment of an Elder without fixing another first.  Bishops may stack a non-Disciplinary body (“appointive Cabinet”) which undercuts the consultation process (JCD 1301 and 1307).  The separation of powers over the issues of accountability of certain conference officers (JCD 1304) and of removing Local Pastors from ministry (JCD 1308) were left unchanged by legal technicalities.  And the ladder to success in the denomination has not been disrupted (JCM 1305 and 1306).  The merger plan (JCD 1302) may even have allowed some subtle additions to the authority of the bishop (most such plans do, as the Council itself has pointed out in the past).  In short, nothing decided really make bishops change their behavior and some add to their power. 

Third, casting lots has become the mode of election for delegates to General and Central Conferences of some annual conferences in the Philippines.  When that process is used openly and respectfully, it appears to be very difficult to influence the selection of delegates.  The current system used in the United States and many other places of politicking and vote swapping really works well for the ambitious and assertive.  It puts their names into position for nomination to boards and agencies on all levels of the denomination and ultimately to episcopacy.  With charisma and political skill, pastors can rise above their competence to high office in order to reach the prize of prestige, privilege, and a golden parachute upon retirement (note that some bishops are retiring early).  

If by chance the charismatic, politically skilled, and ambitious did not happen to be selected by lot, they might not find being a United Methodist to their liking . . . .  Ever wonder why casting of lots was considered viable by our Hebrew ancestors?  They’d had over two million years of experience in human community by the time the Bible was written.  It will be interesting to see if the Council gives any credence to using casting of lots when they meet in October of 2016.

Fourth, church law does not protect Local Pastors the way it protects Elders and Deacons.  Local Pastors often are dropped without explanation and have no recourse.  The powerful intentional movement of the 1980s to use Local Pastors because of their enthusiasm as a counter to the “professionalism” of seminary trained Elders was not accompanied by changes in the loopholes which made Local Pastors vulnerable to arbitrary firing.  Local Pastors were required to become trained and sometimes came in as seminary-trained.  And they had to be approved by vote of the clergy session in order to get in the door.  But they are still “at-will hires” of the Church and all the more devastated when they are cast aside.  JCD 1308 barely scratches the surface of that pain and does nothing to alleviate it.

I understand that flexibility is needed in a closed appointive system like ours and I understand the need for expediency when circumstances may require simplicity of options and timing.  But those are best handled with forewarning and with respectful dialogue among the involved parties and the Local Pastor.  This is a church, for God’s sake (literally), and not somebody’s sandbox.

Finally, I think I have respected the limitations under which the Council operates by explanations in the commentaries above.  The Council has its legal boundaries and can only do so much in the name of justice.  I cannot speak to intentions of the Council and hope I do not imply any biases.  I can only point out results.  

That leaves us, dear reader, to learn how better to work in our judicial system to help the Council any way we can to counter challenges to balance of powers and separation of powers.  So far, it is clear that we have a lot to learn.

Friday, July 25, 2014

JCM 1266


http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1388&JDMOD=VWD&SN=1201&EN=1269

RECONSIDERATION OF JCD 1257

The Council refused reconsideration.  While the docket of the Judicial Council published before their session includes the substance of the requests for rulings, it does not include the requests for reconsideration there.  Consequently, there is no knowing what issues were brought forward to be grounds for review of JCD 1257.  While the Council acknowledged in JCD 1257 that the bishop overstepped his boundaries to get Hope for the Future, Inc. up and running in the aftermath of Hurricane Sandy, the Council did not sanction the bishop for the violations.  That could lead to problems in the future.  See my commentary on JCD 1257.


Saturday, May 14, 2011

JCD 1156

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1277&JDMOD=VWD&SN=1100&EN=1189

The Council assigned some of its most assiduous members to review a case from Baltimore-Washington Conference. A pastor in trouble worked out a just resolution and avoided being forced onto involuntary leave of absence. When she requested return to appointment status believing that she had fulfilled the requirements laid on her under the just resolution, the bishop’s assistant determined that she needed to do more to get back in. Her advocate submitted a request for a declaratory decision, despite what JCM 1048 said.

The Council tends to go along with what happens at the annual conference level so it was a moment to rejoice when they clearly ruled in favor of the pastor.

This decision is clear. Conditions set prior to a leave of absence may not be amended by the Cabinet at the end of the leave to prevent a pastor from returning to appointment status. The only way to add new terms is to restart the supervisory process and follow fair process.

Unfortunately, that can be done in conferences where the bishop’s influence over the Board of Ordained Ministry is very strong. After all, most Cabinet members are appointed from the ranks of the BOM. All on the BOM were nominated by the bishop in the first place with no nominations from the floor possible. And all are subject to the appointive power of the bishop so their careers are on the line when Board members balk at what the bishop wants.

This decision points out the separation of powers that the Council perceives to be in effect. In this case, the Council enforced it. Hopefully, it will continue to do so.

The Council is to be commended in this case for the care they took to identify the polity properly and save the Conference from further embarrassment for their treatment of the pastor.

I wish the Council had asked for the Conference to report back on what happened. Frequently, in these kinds of cases, conference leaders find ways to punish the pastor rather than follow up in a reasonable way.

JCM 1168

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1288&JDMOD=VWD&SN=1100&EN=1189

Sometimes I really like this Council. In this memorandum, they refuse jurisdiction because the Executive Committee of the Council of Bishops wanted the Council to make a ruling at their request. My initial response to the opening of this memorandum was that the bishops were at it again, stretching their authority over the limits set by the Discipline. When I got to the Council’s decision to not take jurisdiction because the executive committee does not have authority to access the Council, I said, “Yes!”

I hope the question is properly raised by an authorized group because it is important that there be clarity about the terms of bishops and their election.

Some parts of Africa have the tradition of their bishops having to be re-elected every four years. When missionary bishop Ralph Dodge was working in Africa, he never presumed on a longer term but always insisted on that re-election process. He was honored with re-election each time until he retired. I wish that process was in effect in the U. S. It might curb the overreach of bishops that I have seen during my lifetime.