response to the complaint

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P.O. BOX 853 • 700 EAST MELROSE AVENUE • FINDLAY, OHIO 45839
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Calendared
May 15,2012
Bruce A. Mcintosh
Buchman Provine Brothers Smith
1333 North California Blvd, Suite 350
Walnut Creek, California 94596
Dear Mr. Mcintosh;
Enclosed you will find the Answer of Maumee Valley Presbytery to the Complaint filed by the First
Presbyterian Church of Tecumseh Michigan.
Enclosed you will also find the Certification of Service of the Answer to the Complaint.
Sincerely
Beth Wenner
Administrator
800/222-2494 • 419/423-9073 • FAX: 419 / 423-9089
E-MAIL: [email protected] • WEBSITE: www.maumeevp.org
By
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SYNOD OF THE COVENANT
PERMANENT JUDICIAL COMMISSION
ANSWER TO COMPLAINT, 0-6.0303
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Session of First United Presbyterian Church)
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of Tecumseh, Michigan,
Complainant,
Case #
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RESPONSE TO REMEDIAL COMPLAINT
Maumee Valley Presbytery,
0-6.0303
Respondent
The Committee of Counsel of Maumee Valley Presbytery submits the following answer to the
complaint of the alleged irregularity brought by the Session of the First United Presbyterian
Church of Tecumseh, Michigan.
JURISDICTION AND STANDING
1.
The Session has standing to bring an action on behalf of itself (D-6.0202a(3)) but the
Respondent denies that the Complainant has properly filed the action. The Counsel for the
Complainant, Bruce A. Mcintosh, has no standing to bring this action because he is not a
member of a PCUSA congregation within the bounds of Maumee Valley Presbytery, and he is
not a resident ofthe states of Ohio or Michigan in which Maumee Valley Presbytery operates.
2.
Pursuant to the Book of Order D-6.0202a3, the Synod of the Covenant has standing to
receive the remedial complaint. The remedial Complaint is not filed in a timely manner. The
Complainant had 90 days from the appointment of the Administrative Commission on
September 21,2010 to file a complaint of alleged irregularity.
1
RESPONSE TO ALLEGATIONS OF FACT
3.
Section G-3.0301a of the Book of Order speaks for itself.
4.
The Presbytery did adopt a "Process for Separation: Proposed Response to Potential
Consideration of Requests for Dismissal from Maumee Valley Presbytery on or about
November 13, 2007" (hereafter referred to as "The Process Document"). The Process
ii
document in its entirety speaks for itself. Attachment A is a true and correct copy of the
Process Document.
i
5. The Process Document speaks for itself. The Process Document sets forth numerous
conditions for recommendation and action. The conditions were not all fulfilled.
6. The Process Document speaks for itself.
7.
The Process Document in its entirety speaks for itself. The guidelines were not fulfilled by the
Session and the leaving group.
8.
The Respondent is without knowledge or information sufficient to form a belief as to the truth of
the allegations contained in paragraph 8 of the complaint.
9.
The Respondent agrees that a vote was set for October 10, 2010. The Respondent does not have
adequate evidence that the meeting was timely or properly called. The Respondent does have
evidence that not all members of First Presbyterian Church of Tecumseh received notification.
10. The Respondent admits that the Presbytery's stated clerk received a communication from the
Tecumseh Session of the Session's intention to call a congregational meeting. The Respondent
does not agree that this fulfills the Process Document.
11. The Process Document speaks for itself. The Respondent admits that a Pastoral Team to
represent the Presbytery of Maumee Valley was formed on or about April 26, 2010.
12. The Respondent agrees that the Pastoral Team is not an administrative commission.
13. The Process Document speaks for itself.
14. The Book of Order G-1.0501 speaks for itself.
15. The Respondent agrees if demonstrated in Bylaws of First United Presbyterian Church of
Tecumseh, Michigan.
2
16. The Respondent denies that members of the Pastoral Team were invited to attend the
congregational meeting on October 10, 2010. There was no Pastoral Team in effect at the time of
the meeting. Some members of the Administrative Commission and other members of Maumee
Valley Presbytery were present at the meeting.
17. The Respondent admits that the responsibility for the division, dismissal or dissolution of churches
lies with the Presbytery "in consultation with their members" (G-3.0301a). The Respondent does
not agree that all active members were encouraged to participate nor were all inactive members
also invited. The Respondent does not have adequate information to determine that the
congregational meeting on October 10, 2010 was duly called or conducted according to the Book
of Order.
18. The action of another presbytery is not relevant to this action and therefore is denied.
19. Neither the Pastoral Team nor the subsequent Administrative Commission had presence at the
alleged listening sessions and informational meetings to answer questions and permit discussions
and prayer. The Process Document states "that the Presbytery's Pastoral Team will work
alongside the session in consideration of any action. Together the session and the Presbytery
team will engage in mutual and shared prayer seeking God's guidance and direction". This did not
occur.
20. The Respondent denies the statement regarding membership. There was no Pastoral Team
present.
21. The Process Document guidelines were not fulfilled. No plan to support a minority group was
presented.
22. In August 2010, the Complainant's Session, through its moderator, terminated further
conversations with the Pastoral Team, indicating that they believed "they had talked enough",
thus ending any further progress on fulfillment ofthe guidelines set forth in the Process
Document. Respondent deemed this action to be a breach of the Process Document, rendering
the application of the terms to be a breach ofthe Process Document and rendering the
application of the terms of the Process Document to be null and void. We agree that an
Administrative Commission was in place at the time of the vote ofthe congregation on October
10,2010.
23.
The "Process Document" policy was not in play at this time. We agree that the Moderator of
the Administrative Commission communicated with the congregation.
24. The Commission's charge was given by the Presbytery at a duly called meeting on September 21,
2010. The Administrative Commission acted properly within their charge to:
3
a.
develop strategy for Maumee Valley Presbytery's mission and ministry in the name of
Jesus Christ in the region surrounding Tecumseh, Michigan;
b.
If deemed necessary, negotiate terms of separation with First Presbyterian Church of
Tecumseh, Michigan in accordance with G-ll.0301i which states "to divide, dismiss or
dissolve churches in consultation with their members; and to "visit particular churches,
governing bodies or other organizations of the church reported to be affected with
disorder, and to inquire into and settle the difficulties therein, except that no commission
shall have the power to dissolve a pastoral relationship unless such power has been
specifically delegated to it by the governing body";
c.
to present specific plans for mission, ministry and separation to be acted upon by
Maumee Valley Presbytery at a future meeting;
d.
to conduct a worship service of separation including both lament and hope at an
appropriate date in the future.
iii
The Respondent denies the allegations that there were clandestine meetings and errant
letters. The Respondent denies the allegations that there was improper use of funds.
25. The Respondent denies the allegations. A true and accurate copy of the minutes of the February
21, 2012 meeting of the Maumee Valley Presbytery is attached.
iv
The Administrative Commission
disapproved of the work of the pastor and warned that the Presbytery asks that he provide proper
pastoral leadership in order to prevent the situation from spilling over into inappropriate personal
attacks on life, limb and occupation.
The pastor, Richard Mortimer, spoke several times during debate on February 21, 2012 when the
motion to disapprove of the work of the pastor was presented to Maumee Valley Presbytery. He
was interrupted by the moderator when he did not address the Moderator as is required by
custom. However, he was heard by the body and was given time to address the body at multiple
opportunities. The threatening letters, emails and phone calls are documented.
26. The allegations are denied. There was no vote of censure. A warning was issued to the Session at
the stated meeting of the Presbytery on February 21,2012. On February 23, 2012, the
Administrative Commission met with the session to allow for response as to whether they had
applied for membership in the Evangelical Presbyterian Church as reported by them in their
newsletter. They were warned that membership in the EPC would be considered the renunciation
of their role as elders in the PCUSA. Their application was torn up at the meeting of the session
and therefore no original jurisdiction was declared.
27. The Respondent agrees that the Moderator described the central tenets that the Administrative
Commission is using in its work. The central tenets are recorded in the minutes of the Presbytery
of Maumee Valley Presbytery from February 21, 2012.
4
28. The Respondent denies the allegations. The complainant breached the Process Document as of
August 2010, rendering its application null and void. The Respondent elected an administrative
commission at a duly called meeting of the Maumee Valley Presbytery on September 21, 2010.
This action taken by Maumee Valley presbytery does not constitute an irregularity. There are no
delinquencies alleged.
RESPONSES TO THE SPECIFICATIONS OF ERRORS.
1. The Presbytery did not err when it voted to appoint an Administrative Commission. The
Complainant did not file within 90 days of the alleged irregular action of the
appointment of the Administrative Commission by the Council of Maumee Valley
Presbytery which occurred on September 21, 2010. (G-6.0202a)
2. The Presbytery's Pastoral Team was appointed by the Council of Maumee Valley
Presbytery on April 26, 2010. The Pastoral Team was dismissed when the Administrative
Commission was elected on September 21, 2010. The Pastoral Team did not exist as an
entity after that date.
3.
The Presbytery appointed an Administrative Commission at a properly called meeting
on September 21,2010 and has not erred in its assignment of its tasks.
4. The Presbytery's Administrative Commission was commissioned by the Presbytery in
order to:
a.
develop strategy for the Maumee Valley Presbytery's mission and ministry in the
name of Jesus Christ in the region surrounding Tecumseh Michigan
(G-11.0103a);
b. if deemed necessary, negotiate terms of separation with First Presbyterian
Church of Tecumseh, Michigan in accordance with G-11.0103i which states: "To
divide, dismiss or dissolve churches in consultation with their members"; and
also in accordance with G-9.0S03a(4) which says: "to visit particular churches,
governing bodies or other organizations ofthe church reported to be affected
with disorder, and to inquire into and settle the difficulties therein, except that
no commission shall have the power to dissolve a pastoral relationship unless
such power has been specifically delegated to it by the appointing body";
c. te present specific plans for mission, ministry and separation to be acted upon
by the Maumee Valley Presbytery at a future meeting in accordance with
G-3.0100-G-3.0401;
5
d. conduct a worship service of separation including both lament and hope at an
appropriate date in the future.
A strategy has not yet been developed. The Presbytery has not yet acted upon the
division of the congregation. Specific plans for mission, ministry and separation have
not yet been developed nor acted upon by the Presbytery. A worship service of
separation has not yet occurred.
5. The Presbytery did not err when they suspended the application of the Process
Document and elected an Administrative Commission.
6.
Upon recommendation of the Pastoral Team, after consultation with the pastor of the
church, the Presbytery duly elected an Administrative Commission. Upon this election,
the Pastoral Team ceased to function and the application of the Process Document no
longer applied to this situation.
7. The Presbytery voted to expand the powers of the Administrative Commission if
necessary. The Administrative Commission, after consultation with the Session on
February 23, 2012, heard testimony that the elders did not intend to renounce
jurisdiction.
8. The Presbytery did not vote to censure Rev. Mr. Richard Mortimer. The Presbytery
warned the pastor to not persist in unapproved work. The Presbytery of Maumee Valley
specifically requested that the Rev. Mr. Mortimer provide proper pastoral leadership
that would prevent the situation from spilling over to inappropriate personal attacks on
life, limb and occupation.
9. The Presbytery did not vote to censure Tecumseh's Session. The Presbytery warned the
Session not to persist in unapproved work, specifically, to join the Evangelical
Presbyterian Church.
AFFIRMATIVE DEFENSES
1. The Complainant's complaint is untimely.
D-6.0202a provides that "In the instance of a complaint against a presbytery, a synod, or by
a council against another council at the same level, a complaint of an irregularity shall be
filed within ninety days after the alleged irregularity has occurred; the "Complainant's
6
Complaint is dated April 1, 2012. By its own admission in its complaint, the alleged
"administrative commission" was formed on September 21, 2010 (Complainant's
Complaint, allegation 22); further, by its own admission, the Presbytery did not make the
alleged "required recommendation in support of dismissal..." on September 21, 2010.
2. The Complainant's Complaint is defective.
D-6.0301b provides that the Complainant shall state "the particular irregularity including
the date, place and circumstances thereof; or the particular delinquency including the dates
of the written request to cure delinquency and ofthe next meeting at which the respondent
failed to do so."
The Complainant in allegation 24 states:
24. Instead of working with the session of Tecumseh to work out the terms of dismissal
according to the vote of the congregation, as was their charge, the administrative
commission actively solicited detractors and worked to create a faction at Tecumseh,
violating the peace, unity and purity of the church. Their actions have included:
• Clandestine meetings outside of Tecumseh with members of the newly minted
faction, and others recruited by them who are not members, are former members, or
members on the church ralls who have not attended in as many as ten years;
• An escrow fund set up by the interim executive presbyter to accept funds from this
group;
• Mailing an errant "Open Letter" to the members of the Presbytery without
consultation - or even verification offacts - with Tecumseh;
• Refusing to provide the names and contact information of members of the 'faction",
claiming privacy concerns.
The Complainant provides no dates, times or places for these alleged actions, but rather
provides only broad, sweeping, unsupported accusations. Further, in its allegation 28, the
Complainant states that "it is a delinquency for the Presbytery to not regulate the actions of
its administrative commission to assure that it acts within proper authority", yet the
Complainant provides no specificity as to particular delinquency, nor does it provide dates,
times or places of the written request to cure the alleged delinquency.
3. The Complainant did not comply with the terms of the Process Document.
On September 24, 2009 the Complainant first requested a meeting with representatives of
the Evangelical Presbyterian Church; the session of the Complainant presented a position
paper to its congregation through its newsletter on March 8, 2010 stating its intention to
leave PCUSA and provided "Frequently Asked Questions" regarding the Evangelical
Presbyterian Church; and the session of the Complainant first advised the Respondent on
April 7, 2010 of its intention hold a congregational meeting to vote on its leaving PCUSA.
7
The Complainant, in August 2010, stated to the Pastoral Team that "they believed they had
talked enough" and ended any further progress on fulfillment of the guidelines set forth in
the Process Document. This breach of the Process Document on the part of the
Complainant rendered the application of the Process Document null and void as to the
Complainant's dismissal.
5. The Respondent did not engage in irregular activities as defined by the Book of Order.
D-2.0202 which provides "an irregularity is an erroneous decision or action". Complainant
alleges that:
26. In addition, the administrative commission reported falsely that Tecumseh's
session had attempted to renounce jurisdiction of the PCUSA. Tecumseh's session
was not permitted any meaningful opportunity to respond. On the basis of this
report, and the censure of Tecumseh's pastor, both made in violation of the Rules of
Discipline, the Presbytery voted to expand the role of the administrative commission
to include "original jurisdiction."
The report of the administrative commission is contained in the minutes of the Maumee
Valley Presbytery February 21, 2012. The minutes show the basis upon which the
Administrative Commission based their disapproval of Rev. Richard Mortimer; the basis for
the expansion of the administrative commission's work " ...to include original jurisdiction of
the Session, if necessary."; as well as setting forth the steps that must be taken in order to
presume renunciation, which steps include:
The officer has the right to challenge the governing body's determination and to
speak on the floor of the governing body in so doing. He/She has the right to file a
remedial case challenging the governing body's determination of renunciation.
To date no such action has been taken by the Complainant.
RESPONSE TO REQUEST FOR RELIEF:
Respondent respectfully requests that Complainant's complaint be dismissed with prejudice
and that the Maumee Valley Presbytery be permitted to continue working through its
Administrative Committee in the manner as set forth in the motions passed by the Maumee
Valley Presbytery at its September 21, 2010 and February 21, 2012 meetings as may be
amended in future Maumee Valley Presbytery meetings.
1. The Administrative Commission was appointed properly;
8
2. Richard Mortimer was not censured.
3. The Tecumseh Session was not censured.
4. The Pastoral Team no longer exists.
We would move, respectfully, that the Synod of Covenant dismiss the complaint.
Date: May 13, 2012
Rev. Mr. Ken Wessler
Member of the Committee of Counsel
Attachments:
A. Process for Separation: Proposed Response to Potential Consideration of Requests for
Dismissal from Maumee Valley Presbytery Hereafter referred to as Process Document.
B. Minutes from Maumee Valley Presbytery, 'February 21, 2012
C. Minutes from Maumee Valley Presbytery, September 21, 2010
9
ATTACHMENT A
First reading 9-18-07
Adopted 11-13-07
Process for Separation Proposed Response to Potential Consideration
of Requests for Dismissal from Maumee Valley Presbytery
Introduction
While affirming our essential unity as the body of Christ, we recognize that there are times when
separation becomes an imperative of conscience either for an individual or a congregation. Given the
present discussions within our denomination and within our own Presbytery, we believe that it is
prudent to develop principles for discussion of separation and any potential action before they become
necessary. In this way, we seek to affirm a decision making process that remains faithful to our Lord
Jesus Christ and our common bond in Him.
We acknowledge the difficulty of these issues and recognize our responsibility, whether in agreement or
disagreement, to act and to treat one another in a Christian manner that honors our God. Difficult
decisions of conscience may need to be made, but they must not be allowed to be driven by selfishness,
by a struggle for power, or by vindictiveness. In disagreement, we must seek the good of God's Kingdom
and follow the example of Jesus in setting the interests of others above our own.
Additionally, individuals, congregations and the Presbytery should be given opportunity to discuss and
prayerfully consider options without fear of sanction or punitive action. Care should be taken in such
discussions to ensure that all voices are heard and that historic decisions are made cautiously and
deliberately and result from seeking prayerful guidance.
While tangible issues of property and assets enter into any real consideration of possible requests for
dismissal, we affirm that we are stewards of God's resources intended to be used for His honor and
glory. Consequently, while we note the constitutional principle of church property "held in trust," we
desire neither to make property the focal point for the congregation nor to use the threat of its seizure
as a coercive instrument of the presbytery.
The intent of the following document is to layout a process that is fair, clear, and easily understood.
While final decisions concerning requests for dismissal must be made by the Presbytery, we believe
these guidelines will prove helpful to all parties concerned, and hope that they will encourage openness
and trust as we seek the will of Christ together.
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Process
When the session of a particular congregation votes to present its membership with a request for
dismissal, the clerk of session should notify the Stated Clerk of Maumee Valley Presbytery immediately.
At that time, the Presbytery will invite the session to enter into a covenant with the Presbytery for the
purpose of prayerful discernment. Under the covenant, the Session will commit to scheduling a
congregational meeting for consideration of dismissal between four months and a year after their initial
notification. The Presbytery, through the Presbytery Council, will appoint a team of presbyters (known
as the "Pastoral Teaml/) to represent the Presbytery and to work alongside the session in consideration
of any action. Together, the session and the Presbytery team will engage in mutual and shared prayer
seeking God's guidance and direction.
Should the session be willing to enter the covenant relationship, its responsibilities will include:
1.) The development of a "plan of mission,l/ describing the church's ministry outside of Maumee
Valley Presbytery and the Presbyterian Church (USA), should the congregation choose to
withdraw from the Presbytery.
2.) Commitment to an open process of congregational discernment, in which minority voices are
heard and respected.
3.) The development of a plan to minister to any minority constituency after the congregational
vote is taken.
The session will be encouraged to invite members of the Presbytery Pastoral Team to address their
regular meetings and join them in prayer.
The Presbytery Pastoral Team will be appointed by the Presbytery Council with Presbytery staff (GP
and/or Stated Clerk) serving I/ex-officiol/(voice, but not vote). Every effort will be made to assemble a
team that is perceived as fair. While representing the Presbytery for prayer, information and advice, the
team is not an administrative commission. It has no authority to take any action regarding the property
held in trust, pastoral leadership, session membership nor the moderator of the session. The
responsibilities of the Pastoral Team will include:
11
1.) Prayer for and with the session and congregation.
2.) The provision of an open channel of communication with Presbytery bodies, including (but not
limited to) Presbytery Council, the Committee on Ministry, Ecclesiastical Affairs, and the
Trustees.
3.) Advocacy for the Presbytery and denomination.
The session will invite members of the Pastoral Team to attend the congregational meeting at which
dismissal is considered. The moderator of the congregational meeting will offer team members and
Presbytery staff the opportunity to speak. The congregational meeting to consider dismissal will be
conducted according to the Book of Order. All active members of the congregation will be encouraged
to attend and participate in the meeting. Inactive members should also be invited to participate in the
meeting - but informed that they will not be allowed to vote.
Guidelines
When the congregation considers the question of requesting dismissal, it should be understood and
communicated clearly that responsibility for the division, dismissal or dissolution of churches lies with
the Presbytery, "in consultation with their members." It is also the responsibility of the Presbytery to
develop strategy for the mission and witness of the church in this geographic region. As a result, any
final decision on a request for dismissal or dissolution must be taken by Maumee Valley Presbytery as a
whole.
Without abdicating its constitutional responsibility, Maumee Valley Presbytery designates a Pastoral
Team in order to work cooperatively with a local church considering a request for dismissal. This Team
will report to the Presbytery and may recommend action on any congregational vote to request
dismissal with church property.
In order for the Presbytery Pastoral Team to consider supporting such a request, the following
guidelines should be followed:
a.
The covenant between the session and the Presbytery, committing each to prayerful reflection
and fair and open discussion, must be kept.
12
b.
c.
d.
e.
f.
g.
h.
1.
Any congregational meeting to vote on a request for dismissal must be scheduled to provide
sufficient time for deliberate reflection, education and participation by all active members of
the congregation.
With the scheduling of the congregational meeting, a letter from the Pastoral Team will be sent
to the active membership of the congregation introducing the team and explaining the process.
While the quorum for congregational meetings is set by the Book of Order, and by the bylaws
of particular congregations, the Presbytery expects that a goal of fifty percent of the active
membership participate in the meeting. In order for the active members to feel free to act
based upon conscience, a written ballot for voting is expected.
The tally of the vote will be attested by the congregation and the Pastoral Team.
Requests for dismissal to another church body must specify a denomination or governing body
in the Reformed tradition.
There must be a plan of mission in place for the continuation of the work of Jesus Christ in the
geographical area of the congregation.
There must be a plan to support any substantial group voting in the minority that desires to
continue local ministry in the Presbyterian Church (USA).
At least seventy-five percent of the active members voting must be in favor of dismissal. If the
vote passes with a majority less than seventy-five percent, the Presbytery Pastoral Team will
not recommend support for such action on the floor of Presbytery. If a majority of seventy-five
percent or greater votes to seek dismissal, the Presbytery Pastoral Team will recommend
consideration of dismissal of the congregation with the property {{held in trust." This
recommendation will be made based upon resolution of any outstanding debts and dedicated
endowments and will include all property, real and personal, without financial encumbrances.
If these guidelines are fulfilled, the Presbytery Pastoral Team will support and recommend the proposed
request to Maumee Valley Presbytery. The Pastoral Team will seek to make a unanimous
recommendation regarding the fulfillment of {{spirit" and {{letter" of this process. The Pastoral Team's
vote will be reported with their recommendations to the Presbytery.
Actual decision-making on a request for dismissal by a congregation, the continuing ministry of the
Presbyterian Church in that region, and any property "held in trust" will be made by Maumee Valley
Presbytery at a properly announced meeting. At that meeting, representatives of the congregation will
be given opportunity to explain their request and members of the Team will make their
recommendations. Any decision will be made by Maumee Valley Presbytery based upon its
understanding and commitment to the ministry of Jesus Christ expressed through the Presbyterian
Church.
13
ATTACHMENT B ATTACHMENT B
MAUMEE VALLEY PRESBYTERY
Stated Meeting
9:00
FAIRGREEN PRESBYTERIAN CHURCH, TOLEDO
September 21, 2010
GETTING ORGANIZED
The Moderator, Rev. Tawee Layraman
Opening Hymn and Prayer
Call to Order
STATED CLERK ACTIONS
A.
ON MOTION to approve the docket as amended. So Ordered.
B.
.. ........
Actions Taken to the Presbytery arising from emails to the clerk since the Council meeting.
1. ON MOTION: To elect an administrative commission to
a.
develop strategy for the Maumee Valley Presbytery's mission and ministry in the name
of Jesus Christ in the region surrounding Tecumseh Michigan (G 11.0103a);
b.
negotiate terms of separation with First Presbyterian Church of Tecumseh, Michigan in
accordance with G 11.0103 i which states: "To divide, dismiss or dissolve churches in
consultation with their members";
c.
present specific plans for mission, ministry and separation to be acted upon by the
Maumee Valley Presbytery at a future meeting in accordance with G - 3.0100-G3.0401
The members of the Administrative Commission to be elected include:
Rev. Dennis Ladd (First Presbyterian Church, Cadmus, Michigan) (Reconciliation Consultation
Team and Pastoral Response Team)
Rev. David Tilly (First Presbyterian Church, Montpelier, Ohio) Council of the Presbytery of
Maumee Valley and member of Pastoral Response Team)
Rev. Ken Wessler (First Presbyterian Church, Upper Sandusky) Budget and Finance Committee
and member of the Pastoral Response Team)
Rev. Dan Hrach (First Presbyterian Findlay) Committee on Ministry, and member of the Pastoral
Response Team
Rev. Bob Bidwell (Community UP Church of Palmyra and First Presbyterian Church of
Blissfield, Michigan) Staff Support for Branch of Congregational Life
Elder Carl Jacobs (First Presbyterian Church, Cadmus, Michigan) Pastoral Response Team
Elder Pat Gibson (Fairgreen, Toledo) Council of the Presbytery of Maumee Valley
Elder Bill Henning (Fairgreen, Toledo) Reconciliation Consultation Team
An additional Female Elder to be appointed by the Branch of Congregational Life.
ON MOTION TO AMEND THE MOTION: to add to section (b) above with the following:
" and also in accordance with G9.0503 (4) which says: "to visit particular churches,
governing bodies or other organizations of the church reported to be affected with disorder,
and to inquire into and settle the difficulties therein, except that no commission shall have
the power to dissolve a pastoral relationship unless such power has been specifically
delegated to it by the governing body".
So Ordered the amendment
14
ON MOTION TO AMEND THE MOTION: add section (d) "Conduct a worship service of
separation including both lament and hope at an appropriate date in the future."
So Ordered the amendment
ON MOTION TO AMEND the amendment: to begin the section (b) above with the words "if
deemed necessary" So Ordered the amendment
Below is the motion as amended to be approved:
To elect an administrative commission to
a.
develop strategy for the Maumee Valley Presbytery's mission and ministry in the name
of Jesus Christ in the region surrounding Tecumseh Michigan (G ll.0l03a);
b.
if deemed necessary, negotiate terms of separation with First Presbyterian Church of
Tecumseh, Michigan in accordance with G 11.0103 i which states: "To divide, dismiss or
dissolve churches in consultation with their members"; and also in accordance with G9.0503
(4) which says: "to visit particular churches, governing bodies or other organizations of the
church reported to be affected with disorder, and to inquire into and settle the difficulties
therein, except that no commission shall have the power to dissolve a pastoral relationship
unless such power has been specifically delegated to it by the governing body";
c.
present specific plans for mission, ministry and separation to be acted upon by the
Maumee Valley Presbytery at a future meeting in accordance with G - 3.0l00-G3.040l
d.
Conduct a worship service of separation including both lament and hope at an
appropriate date in the future.
The members of the Administrative Commission to be elected include:
Rev. Dennis Ladd (First Presbyterian Church, Cadmus, Michigan)
(Reconciliation Consultation Team and Pastoral Response Team)
Rev. David Tilly (First Presbyterian Church, Montpelier, Ohio) Council of the Presbytery of
Maumee Valley and member of Pastoral Response Team)
Rev. Ken Wessler (First Presbyterian Church, Upper Sandusky) Budget and Finance Committee
and member of the Pastoral Response Team)
Rev. Dan Hrach (First Presbyterian Findlay) Committee on Ministry, and member of the Pastoral
Response Team
Rev. Bob Bidwell (Community UP Church of Palmyra and First Presbyterian Church of
Blissfield, Michigan) Staff Support for Branch of Congregational Life
Elder Carl Jacobs (First Presbyterian Church, Cadmus, Michigan) Pastoral Response Team
Elder Pat Gibson (Fairgreen, Toledo) Council of the Presbytery of Maumee Valley
Elder Bill Henning (Fairgreen, Toledo) Reconciliation Consultation Team
An additional Female Elder to be appointed by the Branch of Congregational Life.
So Ordered the amended motion
15
ATTACHMENT C
MAUMEE VALLEY PRESBYTERY
Stated Meeting
FIRST PRESBYTERIAN CHURCH, TIFFIN
February 21, 2012
2:00
WORSHIP Maumee Valley Presbytery of the Presbyterian Church (U.S.A.) met at the First Presbyterian
Church, Tiffin, on Tuesday, February 21,2012 at 10:00 a.m., beginning with worship together.
The 2011 Necrology Report was shared, (see attachment #1) and communion was served. The Rev. Meg
Flalmagan led worship assisted by The Revs. Adrian Doll and Jeanne Gay. Worship focused on music.
2.10
Moderator, The Rev. Patrica Lawrence Shafer, ruled that a quorum was present and opened the business
portion of the meeting with prayer.
Adoption of the Docket ON MOTION: to approve the docket as amended. So Ordered.
Welcome from the Host Pastor: The Reverend Kathryn Treadway
Approval of Stated Meeting Minutes of November 15,2011
ON MOTION: to approve the minutes as presented. So Ordered.
Seating of Corresponding Members
ON MOTION: to seat as corresponding members: Rev. Amy Loving, Hudson River Presbytery,
Rev. Meg Flannagan, Middle Tennessee Presbytery So Ordered.
Privileges of the Floor:
ON MOTION: to grant privileges of the floor to Harvey Schmidt, Pat Schmidt, Jan Hunt, Lloyd
Miller, and April Gunder, all from Tecumseh Presbyterian Church So Ordered
Recognition of First Time Commissioners
2.20
ITEMS FOR ACTION
2.25
Action Taken to Presbytery from the Tecumseh Commission Dennis Ladd
A. The Commission disapproves of the actions of Kurt Hillegonds, Amy Korte, Jan Salsberry, Ben Spence,
Matt Brady, Nancy Hollenbak, Robert Leffler, Steve Ream, Judy Ross, Matt Black, Ginny Ingle, Keith
Ludwig, Barb Poston, Al Schafer, and Tom Sollars, elders at the First Presbyterian Church of Tecumseh.
On February 15, 2012, a letter was received from the individuals named above stating that "We have signed
a formal application into the Evangelical Presbyterian Church" And "When the process of separation is
completed, this action will allow us to be transferred." By this action, the individuals named have
engaged in ministry which is disapproved by the Commission.
B. The Commission disapproves of the work of Richard Mortimer. The Commission warns Richard
Mortimer that we ask that he provide proper pastoral leadership that prevents the situation from spilling
over to inappropriate personal attacks on life, limb and occupation.
C. In making the above disapprovals, the Commission is following the process regarding renunciation of
jurisdiction. Renunciation ofjurisdiction and its consequent loss of standing as a member and officer of the
Presbyterian Church, USA, is one of the most serious actions that can occur under the Constitution.
Therefore, it is critical that a person be afforded due process and be given every opportunity to be heard
16
before removal from office or membership. In order to presume renunciation, the following steps must be
taken:
a. The governing body must disapprove the work of the officer;
b. The governing body must notify the officer that it has disapproved his/her work and that he/she
is prohibited from engaging in such work as an officer of the church;
c. If the officer engages in the prohibited work after the notice of disapproval and prohibition, the
governing body must consult with the officer and notify him/her of the consequences of his/her
action, i.e. that his/her persisting in the work may result in a presumption of renunciation of
jurisdiction.
d. If the officer persists in the prohibited work after such consultation and notice, the governing
body may presume that he/she has renounced jurisdiction of the church. If the governing body so
determines, it shall notify the officer of its decision.
e. The officer has the right to challenge the governing body's determination and to speak on the
floor of the governing body in so doing. He/She has the right to file a remedial case challenging
the governing body's determination of renunciation.
11. ON MOTION: to expand the commission of the administrative commission to work with the First
Presbyterian Church of Tecumseh, to include original jurisdiction of the Session, if necessary.
ON MOTION: to postpone the motion indefinitely Motion Failed.
So Ordered the original motion.
E. OPERATING ASSUMPTIONS OF THE COMMISSION:
Individuals may be transferred to another Christian church at their request, but we do not transfer
en masse.
Maumee Valley Presbytery holds in trust the property for continuing mission and ministry of the
church in Michigan.
The Commission recognizes at least two clearly defined Presbyterian groups within the Tecumseh
regIOn.
The Commission expects all parties to negotiate space, life and ministry for the well being of all
as brothers and sisters in Christ.
17
Book of Order 2011/2013
Process Document
iii Minutes of September 21, 2010
iv Minutes of February 21,2012
i
ii
18
FORM NO.10
CERTIFICATION OF SERVICE OF ANSWER TO COMPLAINT 0 - 6.0303
I, Ken Wessler, certify that the enclosed is submitted as an answer to the complaint of the
Session of First United Presbyterian Church of Tecumseh, Michigan and that
1. A copy has been furnished to the complainant's counsel, Bruce A. Mcintosh, Buchman
Provine Brothers Smith, 1333 North California Blvd, Suite 350, Walnut Creek, California
th
94596 by certified mail, return receipt requested on the 15 day of May 2012.
2. A copy has been furnished to the Session of First United Presbyterian Church of
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Tecumseh, Michigan by personal delivery on the 15 day of May, 2012;
3. A copy has been furnished to the complainant by certified mail, return receipt requested
to the Session, First Presbyterian Church of Tecumseh, Michigan, 211 W. Chicago Blvd,
Tecumseh, Michigan 49286.
4. A copy has been furnished to the Stated Clerk of the Synod of the Covenant by personal
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delivery on the 15 day of May, 2012.
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