{"id":2370,"date":"2012-10-23T12:29:18","date_gmt":"2012-10-23T19:29:18","guid":{"rendered":"http:\/\/www.pnwumc.org\/gc2012\/?p=2370"},"modified":"2013-11-08T10:05:40","modified_gmt":"2013-11-08T18:05:40","slug":"court-to-weigh-end-of-clergy-job-guarantees","status":"publish","type":"post","link":"https:\/\/www.pnwumc.org\/news\/court-to-weigh-end-of-clergy-job-guarantees\/","title":{"rendered":"Court to weigh end of clergy job guarantees"},"content":{"rendered":"

Bishops of the United Methodist Church in Angola lay hands on a new pastor during an ordination service in Luanda, Angola. A UMNS file photo by Mike Dubose.<\/em><\/p>\n

\n

A UMNS Report |\u00a0By Heather Hahn<\/strong><\/em><\/p>\n

Does eliminating guaranteed full-time appointments for elders violate The United Methodist Church\u2019s constitution? The denomination\u2019s top court this week will take up that question.<\/p>\n

In addition to the constitutional issue, the Judicial Council could weigh whether the church\u2019s top legislative body actually made the change to guaranteed appointments at all, a question that arose after the controversial action of the\u00a02012 General Conference<\/a>\u00a0was referred to the church court.<\/p>\n

In The United Methodist Church, ordained elders agree to go wherever their bishops and cabinet send them. At General Conference, delegates approved legislation intended to allow a bishop to recommend to the annual conference\u2019s board of ordained ministry and clergy session that an elder be placed on unpaid transitional leave if \u201ca missional appointment is not available.\u201d<\/p>\n

Also approved was legislation permitting a bishop and cabinet to give an elder \u201ca less than full-time appointment.\u201d<\/p>\n

Proponents say the legislative changes would help bishops and their cabinets better deploy pastors to where they are most needed and dismiss the minority of clergy who are ineffective.<\/p>\n

\u201cMissional appointments mean exactly that:\u00a0the strategic placement of the best spiritual leaders for the health and vitality of a local church,\u201d said Great Northwestern Area Bishop Grant J. Hagiya. He served on the\u00a0Study of Ministry Commission\u00a0<\/a>that recommended the changes.<\/p>\n

\"\"<\/a>
United Methodist Bishop Gary Mueller. Photo by Patrick W. Shownes.<\/figcaption><\/figure>\n

\u201cIf upheld, I believe the action by General Conference will enable us to make more strategic appointments to strengthen our resolve in the\u00a0Call to Action<\/a>: a 10-year concentration on improving the health and vitality of our local churches.\u201d<\/p>\n

Critics question whether the changes are in line with the denomination\u2019s constitutional guarantee of due process for clergy. And even some supporters warn of potentials for abuse of power.<\/p>\n

The Rev. Maxine Allen is among the United Methodists expressing doubts that the legislation passes constitutional muster. She is the ethnic ministries coordinator for the Arkansas Annual (regional) Conference and Wesley Foundation director at the University of Arkansas at Little Rock.<\/p>\n

\u201cI don\u2019t think within the legislation that the protections (for clergy) are adequate,\u201d said Allen, one of Arkansas\u2019 three African-American women elders. \u201cIf in fact the Judicial Council rules that it is constitutional, I do believe it will adversely affect ethnic and women clergy in that we are often the last ones hired, first ones fired if you use a corporate mindset.\u201d<\/p>\n

The Rev. Justin Halbersma, pastor of Wesley United Methodist Church in Winona, Minn., supports the end of guaranteed appointments. But\u00a0in a blog post during General Conference,<\/a>\u00a0he outlined possible unintended consequences.<\/p>\n

He raises concerns that the change might discourage potential church reformers from \u201crocking the boat\u201d or that it might lead to the early exit of new clergy who simply need time to mature in ministry. Even Methodism\u2019s founder John Wesley had a rough time of it\u00a0in Georgia in the early days of his ministry<\/a>.<\/p>\n

\u201cUltimately, I believe that no matter what safety measures would be put in place, the possibility of abuse is always there,\u201d Halbersma told United Methodist News Service. \u00a0\u201cThe biggest issue I see is that we need to have as open and transparent of a system as we can (even if it means admitting we screwed up and have faults) in order for trust to be built so people can speak up against any abuses that might occur.\u201d<\/p>\n

Whatever the Judicial Council decides, it will have a global impact. The parts of the Book of Discipline, the denomination\u2019s law book, under review pertain to all United Methodist elders.<\/p>\n

\"\"<\/a>
The Rev. Tom Choi helps lead a panel discussion about guaranteed appointments during The United Methodist Church’s pre-General Conference news briefing at the Tampa Convention Center in Florida. A UMNS photo by Mike DuBose.<\/figcaption><\/figure>\n

Potential hurdles<\/strong><\/h3>\n

The Judicial Council\u2019s hearing on Oct. 24 in Elk Grove, Ill., will mark the third time the court will review the constitutionality of an action by the 2012 General Conference, the denomination\u2019s top lawmaking body. General Conference met April 24-May 4 in Tampa, Fla.<\/p>\n

Previously, the top court invalidated the 2012 General Conference\u2019s\u00a0modifications to the fund that supports United Methodist bishops<\/a>. On the last day of General Conference, the Judicial Council stunned many at the assembly when it also ruled unconstitutional\u00a0a plan to restructure the denomination\u2019s general agencies<\/a>.<\/p>\n

But constitutional questions aren\u2019t the only possible hurdle for changes to the appointment system. Some question whether the General Conference delegates made the change they think they did.<\/p>\n

The Rev. L. Fitzgerald \u201cGere\u201d Reist II, secretary of the General Conference, informed the Council of Bishops on June 11 that the language in the 2012 Book of Discipline\u00a0\u201cdoes not eliminate the security of appointment for elders.\u201d<\/a><\/p>\n

At issue are two potentially contradictory sections of the next Book of Discipline. The 2012 General Conference revised the book\u2019s Paragraph 337 to allow a bishop to recommend an elder be put on transitional leave.<\/p>\n

However, the assembly left Paragraph 334.1 intact. The latter paragraph says: \u201cEvery effective elder in full connection who is in good standing shall be continued under appointment by the bishop \u2026.\u201d<\/p>\n

Study of Ministry Commission members contend that there is no contradiction, saying in a June 12 release that transitional leave\u00a0\u201cstill constitutes an appointment.\u201d<\/a><\/p>\n

\"\"<\/a>
The Rev. We Hyun Chang argues for retaining guaranteed appointments during a debate at the 2012 United Methodist General Conference. A UMNS photo by Paul Jeffrey.<\/figcaption><\/figure>\n

Reasons for change<\/strong><\/h3>\n

The commission,\u00a0in its 2011 report<\/a>,<\/strong>\u00a0said the current practice of guaranteed appointments is not financially sustainable and \u201climits the ability of the church to respond to the primacy of missional needs.\u201d An\u00a0earlier 2010 report<\/a>estimated there are 784 more U.S. clergy than positions needed in the church.<\/p>\n

\u201cWe need to be able to put the right people in the right places at the right time,\u201d said the Rev. Tom Choi, a commission member and Hawaii District superintendent in the California-Pacific Conference. Already, he noted, ordained deacons, who serve ministries of preaching and teaching, and licensed local pastors do not have guaranteed appointments.<\/p>\n

But each annual conference must deal with a handful of ineffective elders, he said. \u201cIt\u2019s just impossible to appoint them, and yet we have to.\u201d<\/p>\n

Arkansas Area Bishop Gary E. Mueller echoed that concern.<\/p>\n

\u201cCurrently, dealing with chronically ineffective pastors drives the entire process,\u201d he said. \u201cInstead of starting with\u00a0ineffective pastors and dealing with them, the legislation adopted by General Conference starts with making missional appointments so that it is the driver of the process.\u201d<\/p>\n

Before\u00a0he was elected bishop in July<\/a>, Mueller was the senior pastor of First United Methodist Church in Plano, Texas, and chair of the North Texas Conference\u2019s board of ordained ministry.<\/p>\n

Still, Mueller, Choi and others acknowledged the need for safeguards to prevent effective pastors from being dismissed arbitrarily.<\/p>\n

[toggle title=”Questions before Judicial Council<\/strong>“]<\/p>\n

\n

Fred Brewington, a lay General Conference delegate from the New York Annual (regional) Conference, proposed that the Judicial Council issue a declaratory decision regarding guaranteed appointments. Delegates approved the request 397 to 341 on May 4, the last day of the lawmaking assembly.<\/p>\n

The question referred to the Judicial Council: Does removing guaranteed appointments for clergy violate:<\/p>\n

    \n
  1. either the third restrictive rule of the constitution under Paragraph 19 by setting up a process that can do away with the authority of the episcopacy in our denomination?<\/li>\n
  2. and\/or the fourth restrictive rule of the constitution, which is Paragraph 20, by taking away a right of clergy without a hearing, trial or resort to any form of appeal and\/or in violation of historical precedence to the contrary?<\/li>\n<\/ol>\n

    Read the transcript.<\/a><\/span>[\/toggle]<\/p>\n<\/div>\n

    As a 2012 General Conference delegate, Mueller offered an amendment that was refined and adopted to create a task force to provide greater oversight and among other things, monitor how such factors as race, gender and age affect the appointment process. The legislation incorporated other protections for clergy as well.<\/p>\n

    \u201cI believe a careful reading of all the amendments adopted by General Conference makes it clear that there is indeed fair process,\u201d Mueller said. \u201cThe legislation explicitly states that every change of status must utilize appropriate fair process, including a vote by the full clergy session.\u201d<\/p>\n

    Causes for concern<\/strong><\/h3>\n

    The General Conference of what was then the Methodist Church first required bishops to appoint all elders in good standing in 1956, the same year the denomination approved women\u2019s ordination.<\/p>\n

    Since then, women clergy have risen through the ranks to become district superintendents, bishops and even pastors of some large churches. People of color also have made gains in The United Methodist Church.<\/p>\n

    A United Methodist report<\/a>\u00a0released in April found that the percentage of women clergy serving U.S. congregations increased by almost half from 20 percent in 1997 to 29 percent in 2008. During the same period, the report said, the percentage of people of color pastoring U.S. congregations held mostly steady at 13 percent. The United Methodist Commission on the Status and Role of Women and the Commission on Religion and Race released the report.<\/p>\n

    The\u00a0president of the Council of Bishops now is a woman, and her successor will be African American<\/a><\/span>.<\/p>\n

    The Rev. We Hyun Chang, co-pastor of the United Methodist Church in Belmont and Watertown, Mass., credits security of appointment with helping congregations to be open to immigrant clergy and cross-racial appointments.<\/p>\n

    \n

    [toggle title=”What happened at General Conference”]<\/h3>\n

    The Higher Education and Ministry legislative committee \u2014 the first stop at General Conference for appointment-related petitions \u2014 voted in favor of changes to Paragraphs 337 and 338 in the Book of Discipline, the denomination\u2019s law book.
    \nThose changes include:<\/p>\n

      \n
    1. Removing the requirement that elders \u201cbe continued under appointment\u201d<\/li>\n
    2. Allowing a bishop to recommend to the annual conference\u2019s board of ordained ministry that an elder be placed on transitional leave if \u201ca missional appointment is not available\u201d<\/li>\n
    3. Requiring a bishop to initiate the complaint process if an elder is found ineffective<\/li>\n
    4. Mandating each annual conference name a task force to develop a list of criteria to guide bishops and cabinets as they make \u201cmissional appointments\u201d<\/li>\n
    5. Requiring cabinets to report to the board of ordained ministry executive committee the reasons clergy have not received full-time appointments as well as the age, ethnicity and gender of elders who have not received full-time appointments<\/li>\n
    6. Allowing a bishop and cabinet to give an elder \u201ca less than full-time appointment\u201d<\/li>\n<\/ol>\n

      Because of the legislative committee\u2019s overwhelming support for the changes, the petitions went on the General Conference consent calendar. The consent calendar is a tool General Conference uses to expedite legislation wherein legislative committee recommendations with no more than 10 votes in opposition are grouped and approved together.\u00a0A motion to reconsider the item on May 1<\/a>\u00a0failed by a vote of 564 to 373.<\/p>\n

      [\/toggle]<\/h3>\n<\/div>\n

      But, he also said, it helps to ensure qualified elders remain under appointment even though not all congregations are so welcoming. \u201cWe need to remember that there are still congregations that are implicitly and explicitly against the appointment of women and persons of color in The United Methodist Church,\u201d he said.<\/p>\n

      Lawsuits from U.S. clergy alleging bias are unlikely to get far in civil courts. In January, the U.S. Supreme Court recognized\u00a0a \u201cministerial exception\u201d to U.S. employment anti-discrimination laws<\/a>.<\/p>\n

      Another benefit of security of appointment, Chang said, is the freedom of the pulpit.<\/p>\n

      \u201cIt recognizes and encourages the clergy to\u00a0be faithful and authentic to the spirit of God and the way of Christ in their ministry,\u201d he said. \u201cIt helps them to speak truth in love both to the congregation and to the\u00a0institutional powers both within and outside of the church.\u201d<\/p>\n

      Measuring effectiveness<\/strong><\/h3>\n

      Should General Conference\u2019s changes be upheld, it remains unclear how bishops, cabinets and local congregations will measure effectiveness.<\/p>\n

      Hagiya, bishop of the Greater Northwest Area, said the church has not historically done a very good job of evaluating pastoral effectiveness. \u201cThe push for metrics might be overblown, as how does one grow a church numerically in a rural community where the population is rapidly decreasing?\u201d he said. \u201cMetrics are one measure of fruitfulness, but not the only one.\u201d<\/p>\n

      No matter the Judicial Council\u2019s ruling, Chang said he hopes and prays United Methodists will respect the court\u2019s decision-making process.<\/p>\n

      \u201cThis will restore a sense of trust and unity in the life of our church.\u201d<\/p>\n

      *Hahn is a multimedia news reporter for United Methodist News Service.<\/em><\/p>\n

      News media contact: Heather Hahn, Nashville, Tenn., (615) 742-5470 or\u00a0newsdesk@umcom.org<\/span><\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

      Bishops of the United Methodist Church in Angola lay hands on a new pastor during an ordination service in Luanda, Angola. A UMNS file photo by Mike Dubose. A UMNS Report |\u00a0By Heather Hahn Does eliminating guaranteed full-time appointments for elders violate The United Methodist Church\u2019s constitution? The denomination\u2019s top court this week will take […]<\/p>\n","protected":false},"author":51,"featured_media":2378,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false},"version":2}},"categories":[3],"tags":[122,10,55,31],"class_list":{"0":"post-2370","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-umns","8":"tag-bishop-hagiya","9":"tag-gc2012","10":"tag-guaranteed-appointments","11":"tag-umns"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.pnwumc.org\/news\/wp-content\/uploads\/2012\/10\/angola-bishops.jpeg?fit=643%2C480&ssl=1","jetpack_shortlink":"https:\/\/wp.me\/p2l75j-Ce","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/posts\/2370","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/users\/51"}],"replies":[{"embeddable":true,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/comments?post=2370"}],"version-history":[{"count":9,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/posts\/2370\/revisions"}],"predecessor-version":[{"id":5712,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/posts\/2370\/revisions\/5712"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/media\/2378"}],"wp:attachment":[{"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/media?parent=2370"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/categories?post=2370"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.pnwumc.org\/news\/wp-json\/wp\/v2\/tags?post=2370"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}