JCD 1255

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1376&JDMOD=VWD&SN=1201&EN=1259

RESOLUTION OF APPROBATION

New York Annual Conference passed a “petition” which commended people who acted out of conscience against church laws that relate to homosexuals and ceremonies celebrating Gay couples.  Some pastors on the list had been taken to trial for their actions.

Someone requested that the bishop rule on whether or not the petition had violated certain church laws and Judicial Council Decisions.  The Bishop said no, that the petition was aspirational and did not tell anyone what to do.  The Judicial Council concurred, saying, “The only way it could violate church law is by prescribing actions that are themselves contrary to church law or by calling upon individuals to negate or ignore church law.”

In typical fashion, Council took this opportunity to instruct us all about where they draw the line and why this petition did not cross it.  It is helping the Church to see how they differentiate between the various statements that have been sent to be tested by them.

It is a fine set of differences among aspiration, approbation, and alteration with regard to church law.  No wonder some people overseas shake their heads and people in this country tear their hair out!

JCD 1256

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1377&JDMOD=VWD&SN=1201&EN=1259

EMERGENCY ACTIONS

The Greater New Jersey Annual Conference made an aggressive response to the damage caused by Hurricane Sandy.  To do it required many decisions be made between annual conference sessions to line up strategy, funding, and staff to meet the emergencies caused by the storm.  Building on a conference committee already in place and collaborating with the Conference Council on Finance and Administration, the new program was implemented.  News reports in church media indicate the plan’s impact has been positive and significant if inadequate compared to what could be done by an open and effective governmental program.

When the procedures followed to set up the plan and the plan itself were dealt with, most of its action had to be passed after the fact.  The Annual Conference plenary supported the whole thing.

Questions were brought related to possible violations of the Discipline about the handling of finances, staffing, and shifting or responsibilities between Annual Conferences.  The bishop realized after conference that the submitted questions were not just discussion concerns but requests for rulings.  Because there had been no motion from the floor (see JCD 1244) to send them on the Council, he held back dealing with them until he realized that no matter what, a response from him was required, after which he complied.  His late response generated an amicus brief and he was allowed to respond to that as well prior to the Fall session of the Council.

In his response, he concurred that there were violations of the Discipline regarding the interim reallocation of funds but he found no violation in the other interim shifts.  The Council concurred.  I’m sure that the emergency nature of Hurricane Sandy influenced nearly everyone in the conference and on the Council to support the steps actually taken (no sanctions were provided by the Council for the reallocation of funds).

A dissenting opinion was not as flexible, even though the dissenter’s home conference has experienced hurricanes as well, including a superstorm this week.  However, his point is that the conference may have set in place far more flexibility than the Discipline allows with respect to future functioning of the new policies set up under emergency situations.  The dissenter’s warning will need to be heeded by watchdogs in the conference.  If someone gets an undue advantage, they will take it.

JCD 1257

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1378&JDMOD=VWD&SN=1201&EN=1259

EXECUTIVE ACTION WITHOUT LEGISLATIVE APPROVAL

The concerns raised at the Greater New Jersey Annual Conference were divided into four separate decisions, of which this is the second.

The second concern is that without Annual Conference prior approval, executive actions which set up agencies under the aegis of the United Methodist Church could turn into a free field for the executive branch (bishop’s office) to direct finances, staff, and authority, leaving the Annual Conference in the position of being a rubber stamp.  In fact, because the agency set up to meet the emergency of last year’s superstorm, A Future with Hope corporation, is already an independent legal incorporated entity, the fact that it was formed under illegal circumstances would have no effect.

Again, no sanctions are suggested, just as no direction is offered to give a path to legal actions in emergency situations.  Maybe it is presumed that an emergency session of the conference could be called and plans for agency development, financing, and staffing could be presented for review, possible adjustments, and approval.

My contention is that bishops are moving toward more and more control and away from control being within the annual conference where it has resided for the history of the Methodist movement.  The Judicial Council is drawing a line in the sand as a reminder that there is such a thing as separation of powers and bishops must not forget it.

Watchdogs beware.  Bishops somehow do not remember Judicial Council Decisions that they would not like if they even read them in the first place.

JCD 1258

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1379&JDMOD=VWD&SN=1201&EN=1259

CONFLICT OF INTEREST

This third concern about the interim actions taken in Greater New Jersey Annual Conference relates to the conflict of interest of having the chairperson of the Conference Council on Finance and Administration also head up the A Future of Hope corporation.

Based on Paragraph 612.2.b of the 2012 Discipline, the Council is “ag’in’” it and requires that the individual decide which position he prefers because he cannot have both.  There is no statement about the Council retaining jurisdiction to be sure this decision is followed.  But I expect it will.  

It is just these kinds of issues that needed to be raised prior to permission being granted by the conference.  “It seemed like a good idea at the time” is not an excuse for lack of proper review of plans before their execution.

Minor point: The actions were taken partly in 2012 while the 2008 Discipline was in effect.  However, that Discipline says the same thing as the new Discipline does about not holding office in two places with a conflict of interest.

JCD 1259

http://archives.umc.org/interior_judicial.asp?mid=263&JDID=1380&JDMOD=VWD&SN=1201&EN=1259

CONFERENCE LIABILITY

Here is the fourth decision related to the Greater New Jersey Annual Conference concerns about the response to Hurricane Sandy undertaken in the past year.  At issue is financial liability that may remain despite the separation of A Future with Hope corporation.  

Rather than make a ruling based on the information sent by the conference, the Council asked to see all the documents related to the corporation before deciding the matter.  So the Council will review the documents it receives and see if it can determine the culpability of the conference.

Concluding Thoughts on the 2013 Fall Session

I am in awe of the diversity of areas of law that the Council has to cover in its work.  From trials to legality of emergency work to handling of mission funds overseas to reorganization of annual conference structures to sorting out jurisdiction and on and on….

I am also in awe of the diversity of conferences overseas that are jumping in and presenting questions.

The role of teacher to the Church continues in the Council’s work.  One of these days, their careful work will finally be realized and integrated into more and more of the life of the Church.  

A number of these decisions lent themselves to offering me a chance to provide some suggested ways of dealing with the issues, steps I hope will be taken by advocates in some cases, by bishops and conferences in others, and the Judicial council itself in at least one (JCD 1249).

When he was nominated for the Judicial Council some years a go, a friend asked me what I thought.  I said it is one of the few positions in the denomination that can tell a bishop he or she is wrong.  He decided to accept election to the Council rather than to the go on to seek episcopacy.  I think he was a good member during his tenure.  But I have to confess I may have misled him, not because my observation was untrue but because some bishops are deaf to anyone trying to reign them in.  

Power is very intoxicating and some are terribly addicted.  Too many times, those working with such power-addicts are too much like alcoholics’ spouses and without realizing it, become complicit in their addiction.  

Can the Council avoid being co-dependent with bishops or even fall into addiction itself?  Anyone dealing with power has to be concerned about both.  

‘Nuff said….

Invitation to a Workshop on Advocacy

You are invited.  This is the text of the letter being sent to all on the Associates in Advocacy (AIA) mailing list.  Take it as an invitation to you:

"To be an advocate, training sure helps!"  Whoever made that comment at last year's annual AIA meeting, it led to developing a three day workshop this year.  

From about noon on November 12 through noon of the 14th, the workshop will be held in the Chicago area.  Key resource people for this training event are Rev. Scott Campbell, counsel for Revs. Tom Ogletree and Amy DeLong in their church trials; Dr. Larry Pickens, former member of the Judicial Council; and Dr. Phil Amerson, President of Garrett Evangelical Theological Seminary.  With the assistance of members and these leaders, we hope to cover the following over the three days:

Tuesday afternoon - basics of advocacy and the resources available through the Church and through AIA

Tuesday evening - Church trials, their principles and their problems, Rev.Campbell leading

Wednesday morning - Alternatives to the standard complaint processes

Wednesday afternoon - The importance of advocacy and mutual support in an era of changing church dynamics, Dr. Amerson leading

Wednesday - Advocacy and the Judicial Council, Dr. Pickens leading

Thursday morning - Advocacy and General Conference

Registration is limited because the intent is for the sessions to be more seminars than lectures and we hope participants and leaders will have a lot of personal face time over meals and between sessions.  Advocacy tends to have different problems in different situations so it is important to have chances for more detailed sharing with the those who have a lot of experience.  AIA has a number of the most experienced advocates in the denomination who have found they help each other.  So the workshop will foster such networking.

CEUs will be offered to those who are present for any combination of morning, afternoon, and evening sessions totalling ten hours.

The site for the sessions is the Super 8 Ohare Motel, 2951 Touhy in Elk Grove Village, IL.  We are limited to a total of forty, including the resource people.  AIA is picking up the meeting expenses so that participants have no additional costs beyond transportation, food, and lodging.  Some scholarship help is available.  

To sign up, there are two things to consider: 

1. If you need to stay overnight, call the Super 8 Motel O’Hare at 847 827 3133, tell them you are coming for the Associates in Advocacy meeting, and sign up for the nights you need.  They provide rides to and from the motel to O’Hare.  Ask about it.

2. Whether or not you need to stay overnight, such as being in for just a few hours on one of the days of the workshop, let me know when you will be there with us.  -  If you will be coming in your car, please let me know. We may have to drive to a restaurant for our meals and I want to be sure we have enough cars.

Breakfast is provided to motel guests by the motel.  Other meals, including Tuesday and Thursday noons, can be taken at nearby places within walking distance.  All meals are at each participant's expense.  Prices can all be under $10 to $15 per meal.

 

Several of our folks will come in on Monday night.  Many of us fly in Tuesday morning.  I look forward to being with you.  Let me know if there is anything I can do to help you.

Bring your laptop. 

 
Sign up at the motel and then let me know you are coming.  If you have an odd schedule which may have you coming late or leaving early, let me know.
 
Your friend (John 15:15),

Jerry
Rev. Jerry Eckert, contact person, 
Email: aj_eckert@hotmail.com
Phone: 941 743 0518