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 rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Monday, August 19, 2019

JCD 1371


Episcopal Activism Gone Awry

Most of us are aware that racism in the United States has led to a new kind of “white flight.”  In the 1960s, it was to the suburbs.  But now it is to private schools paid for by public tax dollars but with no real accountability to the public.  When a bishop proud of his reputation on such matters decided to do something about it, he got eleven conference agencies to vote to take action and then channeled their energy through the Greater New Jersey Conference Board of Trustees to enter a law suit to do something about it.

The Judicial Council caught him cutting one major corner, not letting the annual conference vote to support the action, a Disciplinary requirement, before the Trustees (the appropriate legal entity) could enter such a legal action.  He wanted it done on the anniversary of the Supreme Court’s Brown v. Board of Education case, four days before annual conference.  He got the conference’s approval after the suit was entered but the Council did not let him get away with it.

The Council is not being inadvertently racist here.  The majority on the Council are people of color.

They are sending a message.  There is the rule of law in our denomination.  Just because someone had a good motivation about a real problem does not release them from their commitment to uphold the Discipline.  

Whether the bishop was on an ego trip or was simply careless about church law, he chose to add the symbolism, the anniversary of the Supreme Court ruling, rather than call an emergency meeting of the annual conference.  By the way, just a few months before, he did call an emergency meeting of the annual conference for another purpose, according to my sources.

Embarrassing, no doubt about it.  The suit had to be withdrawn, which is sad.

Sunday, September 23, 2018

Concluding Thoughts on the Spring 2018 Session

The two items the Council originally deferred until the Fall Session, 2018, were dealt with, matters of reconsideration for which I would like to have seen the grounds.  Most fascinating to me was the attempt to test the anti-homosexual laws against the Restrictive Rules which do not allow us to change the doctrines of our denomination.  Last fall’s questions about including Wesley’s Notes on the New Testament among the articles of church doctrine (JCM 1357) may be coincidental.  Or we may be entering an era where doctrinal matters are more carefully explored.  I noted above that when two reasonable intelligent parties cannot agree on something, they may be arguing about the wrong thing.  Maybe JCMs 1357 and 1359 are precursors to discussing at least one of the underlying problems.
JCD 1360 points to the issue of who has power and will they honor the rule of law.  As in the current political situation in the United States with the apparent abuse of Presidential power being challenged in the courts and not by the ruling political party in Congress, we may be experiencing something similar in the United Methodist Church.  It seems to me that the Council of Bishops as a body tends to stretch its authority beyond its bounds and the Bishop Wannabe party supports that, leaving the Judicial Council to be the arbiter blocking them.

In a recent article in The Methodist Review, former members of the Judicial Council speak of the erosion of the rule of law in our denomination.  They challenge recent actions of the General Conference, the Judicial Council, and the Council of Bishops to illustrate their premise.  Their viewpoint is well worth taking seriously.  Read their article at s3.amazonaws.com/Website..Properties/news-media/documents/MR_2018_02_-_Lawrence-AsKew.pdf. 

Followers of this blog are well aware that my viewpoint varies from theirs a little.  See my response at www.jerryeckert.blogspot.com

Most simply put, staying within the lines of the ever-changing Book of Discipline has been imperfect.  The very existence of the Judicial Council and its over thirteen hundred rulings shows that as a Church, we all violate the Discipline at least a little but are helped by the Council to largely succeed at obeying the rule of law as part of our social contract as United Methodists.  It has been my experience that the Council of Bishops as a whole and certain individual bishops have turned their backs on the Discipline when it suited them and the Judicial Council has spent much time and energy countering that tendency.  They did both by their decisions in JCM 1358 and JCD 1360.

While the world will be watching how the 2019 General Conference deals with the conflict between the pro- and anti-homosexual caucuses which ostensibly is supposed to take us to the brink of breaking apart, something I do not think will happen, I’ll be watching the power plays between the Council of Bishops and the Judicial Council to see if the judiciary can keep the administration faithful to the rule of law.

Next, let me expand a little on a couple sentences I used in the 1360 commentary.  Here’s what I wrote:

In typical bifurcated Anglo-Saxon politics, there really are only two politically oriented parties in our denomination, the “Bishop Wannabes’ and the rest of us.  While that does not necessarily describe United Methodists from outside the United States, the influence of the culture of the British Empire, as manifest through the American “way of being” in which our denomination developed, provides the milieu in which this struggle over homosexuality is occurring.

My phrase “typical bifurcated Anglo-Saxon” refers to the tendency those who were influenced by the culture of the British Empire tend to think in terms of “black and white,” “good and bad,” “us and them.”  That tendency leads to thinking in terms of apparent opposites (yes or no, our team versus their team, success and failure, win or lose, Republicans and Democrats, right or wrong) to the point that we have a hard time perceiving all the options in between.  

A good education and a more calm spirit opens us up to looking at the gray areas and being more measured in our consideration of all possibilities, not just the ones at the extremes.  

It must also be noted that in the larger interaction among Americans and others genealogically tied to English influence, we tend to break down into two sides on important issues.  While that insures there will always be some degree of conflict, dictatorships tend to occur when the rule of law, basically agreement between the two sides about how to function together, breaks down in favor of one side, leaving the other side no more power.  

Finally, I must point out that I have been granted free editorial expression in this blog and in the task of commentaries on the decisions of the Judicial Council.  I try to avoid flaws in the information available about the decisions.  The Associates in Advocacy under whose auspices I have had the privilege of providing these commentaries have not challenged my opinions expressed herein, though of course that is their prerogative.  My own authority is subject to checks and balances as well.

As I have argued in the years of doing these commentaries, the power of the bishops has waxed despite the efforts to maintain a balance of powers, of keeping checks and balances in place to prevent overstepping boundaries of authority.

As I pointed out in my response to Drs. Lawrence and AsKew, bishops as individuals are usually exemplary human beings, good Christian persons.  But as a group, I see them succumbing to their baser natures.  

Not all associates agree with that particular analysis, but I believe I represent them in the necessity of calling bishops and other entities in the Church, including the General Conference and Judicial Council, to accountability when they are unjust.  



Friday, November 24, 2017

JCM 1345



No Reconsideration

There were a number of requests for reconsideration of JCD 1341 which the Council denied.

JCD 1341 was about what might be included as evidence in a self-avowal of homosexual activity which would be contrary to church law and the rights of a person elected to the episcopacy, specifically the Rev. Dr. Karen Oliveto, bishop of two conferences in the Rocky Mountain region of the Western Jurisdiction.

The key provision of JCD 1341 is to provide fair process rights when accusations of being a practicing self-avowed homosexual arise.  Another provision added public records such as marriage licenses as possible evidence.  A trial court would have to decide whether or not that was sufficient proof.

Denial of reconsideration leaves JCD 1341 intact.  And that denial says that the Council will not be the venue for any form of hearing to determine whether or not the nomination, election, and administration of Bishop Oliveto could be overturned.  That could only be done by the jurisdiction under the rule of law within the Book of Discipline.

As of this posting, no complaints against the bishop have been concluded.  By unwritten policy of the denomination, nearly all complaint procedures are rarely tracked in detail while they are in process so it is unlikely that anyone will know anything until the conclusion of the judicial processes.  That can take two or more years in complex and difficult cases.

Thursday, July 20, 2017

Concluding Thoughts on the Spring 2017 Session

Dominating this Spring's session of the Council is the Oliveto case where someone outside of the jurisdiction most affected raised a request about the legality of a clergy in a same sex marriage being elected a bishop.  I found that decision to be exhaustive in its analysis and helpful in its decision that it takes Fair Process to make the determination about the guilt of someone before action can be taken against her or him.  That seems to be the consensus of the briefs from all sides that I’ve seen.

Those who believe the Discipline was violated in the election of Rev. Oliveto were shown that their belief was not sufficient to end or curtail the ministry of a pastor/bishop.  Those who believe the Discipline has been wrong since 1972 when anti-homosexuality laws were initiated were shown they are legally church law but that their enforcement was to be handled by Fair Process and not by beliefs of accusers.

While Fair Process was not invoked in related cases involving Boards of Ordained Ministry who stated they do not want to press candidates for their sexual preference, the Council supported the bishops who insisted that only clear evidence and not someone else's beliefs were required to stop a candidacy.

What was introduced by this Council was a new possibility on how "self-avowal" could be done.  Besides making the statement in the presence of church entities directly, the Council pointed out public sources as grounds for inquiring about sexual preference and practice.  The Council was clear, though not always understood as such, that those public sources were not proof.  They wrote, "Self-avowal does not nullify the consecration and cause removal from episcopal office but is a sufficient declaration to subject the bishop’s ministerial office to review."  And that review is by Fair Process.  

I see the Council discreetly and with appropriate legal care, using the system of law to face the dynamics of the fight to control the denomination.  

I urge you, Dear Reader, to not mistake the legalism of those trying to control the church for the Council's orderly attempt to examine and resolve conflicting points of view.  

One of the effective ways to handle conflict, when all else fails, is to follow reasonable rules of judicial procedures.  It is a form of mediation which allows an impartial democratically elected body to listen and decide on a resolution after full exploration by opposing advocates (called "argument") based on previously agreed upon laws, laws that are subject to change by democratic processes.   

Because it is so valuable a technique, you better believe that there will be a judicial process just like it in both entities if there is a split of our denomination.

And it just may help keep the United Methodist Church united.