Dear Bishop,
WELCOME!
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
Thank you.
(9/26/07)
Sunday, May 29, 2022
Ah, presumptuous sin
Tuesday, July 20, 2021
JCM 1407
ee.umc.org/decisions/81533
To rule or Not to Rule, That Is the Question
The Council of Bishops, Michigan Annual Conference, Philippines Annual Conference, and Sierra Leone Annual Conference were listed by the Bishops as interested parties to seek the testing of a different plan for separation that is being proposed for the upcoming General Conference. The Council found none had actually passed the plan. It had come out of an informal working group and sent in as a package of petitions.
The Council demurred for more than one reason. The principle one was this: They did not want to inadvertently give the plan a boost over anything else brought to General Conference. Unlike the three proposal package they were asked to review for the 2019 special-called General Conference (see JCD 1366), this plan was the only one to be reviewed among all that may have been sent by others to General Conference. As I recall the situation, the 2018 Bishops’ request was about the main agenda, and was not in competition with other petitions. Hence, when the Council looked at that situation which actually contained three separate plans, it felt it could determine the constitutionality of the various plans without biasing the choices. Interestingly, they found one plan mostly consistent with the constitution and the other (the “Traditionalists” plan) not. Fortunately for the latter group, they had time to revise their petitions prior to General Conference. – The third plan was a set of constitutional amendments which the Council felt it could not review
While the Council uses the theme “plainly understood words” to describe what they do in reading the Discipline, they used a little legalistic legerdemain to say the authorization for them to test constitutionality I ¶2609.2 actually has no time limit so they felt no need to study this new plan prior to its being acted upon by the General Conference.
They apparently felt that argument by counsels representing one or another of the groups listed as interested parties forced them to have to pull something out of their hat to avoid dealing with this new plan.
Then there is the possibility that I misunderstand the matter. I’ll leave that for you to challenge me if you wish.
In our denomination, we have a number of individuals with comprehensive understanding of the Discipline and Judicial Council rulings and they do not happen to be members of the Judicial Council at this time. The Bishops, annual conferences, and others who may be concerned about constitutionality of petitions have at their disposal various former Council members, conference chancellors, counsels in private practice, parliamentarians, and various clergy who tend to nerd out on church law and could provide valid testing for unconstitutionality and let the Council just deal with questions related to actions rather than dealing with petitions that are really hypothetical prior to any formal action by the Church.
Whatever the matter, the Council chose not to rule. I’m inclined to accept their main argument. Using the Council to bring special attention to any one petition is manipulative, whether intentionally sought out for that reason or not.
JCM 1408
ee.umc.org/decisions/81524
Clarifying what was made unconstitutional in JCD 1383
The Council of Bishops hoped the Judicial Council’s ruling on the unconstitutionality of removing pastors by administrative means rather than through church trials was not as extensive as the Bishops feared.
The Council made it simple: During the votes of the clergy in executive session, members of the Cabinet, Board of Ordained Ministry, and the various committees and individuals who took part in their actions and deliberations related to a particular pastor’s removal from ministry did not have the right to also vote on their decision during the clergy session.
This follows precedents set in JCDs 917 and 950 relating to the involvement of Cabinet members in deciding what the Board of Ordained Ministries rules on the status of a pastor. - It takes awhile until exactly the right question is asked to build on a foundation established by such important rulings.
The principle established in JCD 1408 should have been in effect in the case described in JCM 1400 above. Even in conferences not run by autocratic bishops, few pastors will stand up against the opinion of the bishop for fear of such “obstinacy” being “remembered” by the bishop when it came to appointments.
That means that even when this change in church law is put into practice, the bishop must be extraordinarily careful to remain neutral in the handling of personnel matters that come before the clergy session. Even when he or she hands the gavel to the parliamentarian or other person not involved in the processing of the removal of a pastor, there can be no clue or rumor perceived to share the bishop’s opinion.
Some bishops will hate that! It was bad enough for those inclined to control everything that the Board of Ordained Ministry was written into removal of pastors back in 1980. Now they will not have cover of their minions on the Board (have you noticed how the Board tends to have its leadership “graduate” into the Cabinet or other high place of standing in the conference?). - I get the feeling that the Council of Bishops tends to support the bishops who have autocratic tendencies and let them make their requests for Council rulings on church laws that could disrupt their need to control everything. But since the deliberations of the Bishops in their meetings are held in secret, there is no way to know how many such requests come up and how many are shot down by the more thoughtful among the bishops!
Concluding thoughts on Judicial Council’s Spring 2021 Session
The COVID 19 pandemic hit the world in the fall of 2019. By March of 2020, that caused the postponement of all gatherings of church bodies from the local church to General Conference for 2020 and into 2021. The Judicial Council struggled with figuring out how to respond to matters raised by annual conferences and the Council of Bishops in 2019 which had been deferred from the November, 2019, session and which began to arise as church bodies found ways to “meet” by using computer programs like Skype and Zoom.
In early December of 2020, on the personnel case of Erik Seise which had been before them in several ways since August of 2018, the Council was polled by the Secretary and it voted not to reconsider (JCM 1400) its decision on his case (JCD 1384). Though we were notified immediately, the formal report was not published until April 16, 2021. The Council actually broke up its Spring 2021 session into four release dates: JCM 1408 on March 22, JCD 1409 on March 25, JCM 1400-JCD 1410 on April 16 (excluding the two already published), and JCM 1411-JCM 1418 on May 5.
Not only was the Council unable to maintain any continuity for the sake of connecting the dots, they had to work remotely rather than face-to-face which further exacerbated their work. These complicating factors could not have come at a more difficult time because the 2019 session of General Conference caused a great deal of consternation among many annual conferences. The Council tried to remain neutral as the “Traditionalists” and the rest of the Church fought over relating to the LGBTQIA+ community and splitting the denomination.
The rule of law, in principle, tends to maintain the status quo, which means we have largely stayed stuck together despite our differences. The internal squabbles have distracted us from the immediate crisis of global warming. One would think that the imminent disaster of climate change would draw us together at least for the short term. But I’m not even sure that our experience of staying home during the pandemic during which time skies cleared of smog and waterways cleared of pollution gave us a feeling of having done something that affected the Earth.
Because we were at home, more of us heard of continent-sized patches of plastic in our oceans and some efforts to diminish their size. We also began to realize how unequal our police enforcement has been toward people of color. For the summer, of 2020, at least, the nine minute twenty nine second death of George Floyd was a story universally watched and internationally protested by people of all races.
These issues were not before the Council in any way, even though they are the major crises facing humanity.
But the Council did clarify some things for the Church. The primary concern in declaring the administrative way conferences (mis)handle troubled pastors unconstitutional (JCD 1408) has to do with the conflict of interest of the Cabinet and Board members voting on the status of a pastor during the clergy session they had previously worked on in their respective groups. Further, the Council made it clear that the Church has no way to be flexible financially during a major world-wide crisis (JCD 1409). The Council showed the denomination has no real way to handle cheating on General Conference votes (JCD 1401). And finally, the Council reminded the Traditionalists again and again that the Church allows disagreement over policies though not over behavior (most of the rest of the Council’s decisions!)
My final observation about the winter/spring work of the Council is that the Council of Bishops has come to be the “go to” group to take questions to the Judicial Council. That means that they become the party at interest and become second-hand purveyors of evidence of cases they bring on behalf of others. I think that hurt the Commission on the General Conference on the voting irregularity situation. I believe it hurt the appeal of a bishop several years ago. Putting the Council of Bishops between an appellant and the Council also worked against Rev Seise. I hope the Council will be wiser about taking jurisdiction when the Bishops appeal like that.
Wednesday, March 18, 2020
JCD 1385
JCD 1386
JCM 1390
Monday, August 19, 2019
JCD 1375
Friday, January 25, 2019
JCD 1361
JCD 1366
Sunday, September 23, 2018
JCD 1360
May Petitions to General Conference Be limited?