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Gracious Dismissal Policies
Purpose StructureContent
Pros and Cons
Policy and plan of action, adopted by a
presbytery, to define its intended manner of handling requests for congregational dismissal
Generally an attempt to avoid civil legal battles over property
Some hope that, by defining a “gracious” process, congregational return may be possible
Purpose – What is a GDP?
MUST abide by Book of Order and pertinent
interpretations thereof
Once adopted, will be seen as binding upon the presbytery by congregations and by civil and ecclesiastical courts*
*except where in violation of state law or PC(USA) Constitution
Requirements
Dismissal is a decision made by PRESBYTERY ONLY
(G-3.0301a) It violates the church’s Constitution to hold a
congregational meeting to vote to seek dismissal (G-1.0503)
Presbytery has the power to “counsel with a session concerning reported difficulties within a congregation” (G-3.0303).
Presbytery has the power to form an Administrative Commission to inquire into and settle differences in congregations reported to be affected with disorder (G-3.0109b5)
Things to Remember
Preamble
Theological rationale with biblical or Confessional citations
Values or commitments on the part of presbytery
Discernment Procedure Usually informal; COM or special teams;
Dissolution Process Process for creating dismissal agreement; May use ACs Property Membership and Teaching Elders Presbytery vote
StructureMost common elements
Biblical Citations POSA – Eph 4:1-3 (unity of church) NCP – John 17:-20-21 (unity); 1 Cor 6:7 (avoiding
courts) Confessional Citations
POSA – Nicene; Westminster 6.146-7, C’67 9.34 (unity) NCP – 2nd Helv. 5.133 (disagreement within church)
Book of Order citations POSA – F-1.0301 (Church as community of love) NCP – F-1.0302a (unity of the Church), footnote to G-
2.0105 (self-conduct in times of disagreement)
Preamble
Generally a place to state overarching
themes or principles that guide the policy See NCP – list of principles
Statement of presbytery’s mission See NewCov – facilitate worship and mission
Commitments See POSA, Section I:
Unity of church Constitution of PC(USA) Reconciliation through pastoral process
See NCP, pp. 1-2
Preamble, cont’d
How and when does presbytery become involved?
Is the initial engagement accomplished through presbytery staff, COM, or through an established committee, task force, or administrative commission?
What responsibilities does this person or group have? Meeting with session, pastors Meeting with congregation for information, Q&A Determination of possibility of reconciliation
DiscernmentKey Questions
How and when will presbytery form an
administrative commission?
What powers will be included in the AC’s charge? Investigative powers (See POSA, p.5) Administrative powers (See POSA, pp.5-6) Consultative powers (See POSA, p.6)
What provisions made for teaching elders, CCEs, and members of the congregation, either staying or leaving?
DismissalKey Questions
Process for reporting settlement agreement
Provision for amendment
Disposition of signed agreements with church, new Reformed body, and presbytery, as well as any civil court agencies involved.
Presbytery Vote
G-3.0109b5 - authority to “inquire into and
settle difficulties”
G-3.0303d – “counsel with a session concerning reported difficulties”: subparagraphs 1-3 in ascending stringency
G-3.0303e – assuming original jurisdiction
G-2.0904 – presbytery may dissolve pastoral relationships
Administrative Commissions
Some presbyteries are reluctant to use ACs
because they are perceived as tools of the presbytery to “take the property.”
Predominant legal strategy is to seek civil court injunction against the presbytery from creating or inserting an AC
Administrative Commissions
Charge to Commission MUST contain ALL powers of the Commission
A commission cannot act beyond its charge
See POSA policy for list of potential powers
Administrative Commissions
Wilbur Tom, et. al. v San Francisco Presbytery (Rem. Case 221-03, 2012):
“Under the fiduciary obligations inherent in the Trust Clause, a presbytery must take into consideration the PC(U.S.A.)’s use and benefit of the property in every decision concerning its disposition. To comply with the Trust Clause, the presbytery must consider the interest of PC(U.S.A.) as a beneficiary of the property. Payments for per capita or mission obligations are not satisfactory substitutes for valuations of the property held in trust. (G-4.0203). …
“Due diligence, of necessity, will include not only the spiritual needs of the congregation and its circumstances, but an examination of the congregation's financial position and the value of the property at stake.”
Property/Financial Settlements
Sundquist v. Heartland Presbytery (Rem. Case 219-03,
2008):
“Withdrawal from the Presbyterian Church (U.S.A.) is not a matter that can be considered absent the participation of the presbytery. [G-1.0503 limits the business of congregational meetings and does not include seeking dismissal from the PC(USA). … Consultations between a congregation and a presbytery about dismissal are for the benefit of facilitating reconciliation and informing the presbytery as it considers a request for dismissal, but are not meetings at which any business of the congregation may be conducted.”
Congregational Meetings
GDPS
Pros Clarifies process for
seeking dismissal MAY avoid civil
litigation May be palliative to
congregations nervous about presbytery’s “power”
Cons• Do they invite or
encourage departure?• Do they “give away the
farm” by promising no litigation?
• Do they avoid using the church’s administrative and disciplinary process?
• Do they undermine the unity of the Body of Christ?