Baton Rouge judgment conflicts with Book of Order, panel finds
By Patrick Jean, February 23, 2007
A synod review panel found the Presbytery of South Louisiana conflicted twice with the Presbyterian Church (USA)’s Book of Order in determining that First Presbyterian Church in Baton Rouge owns its property.
The report by the Synod of the Sun’s Administrative Review Committee does not recommend any actions against the presbytery or church. But it does express concern “with the implications that relate to the connectional nature of our Presbyterian Church,” and recommends that the synod “be more pro-active in assisting presbyteries in such difficult situations.”
Committee Members
The Rev. Janne Brumbelow, pastor of First Presbyterian Church in Littlefield, Texas
The Rev. Dr. Fred Morgan, senior pastor of Hope Presbyterian Church in Austin, Texas. (He was unable to attend the committee meeting because of wintry weather.)
Robert Plummer, elder of Mansfield Presbyterian Church in Mansfield, La.
The Rev. Sue Trei-Conrad, interim pastor of First Presbyterian Church in Moore, Okla.
Rupert Turner, elder of Memorial Drive Presbyterian Church in Houston, Texas. (He served as committee chairman.)
The report also is noteworthy for who attended the committee meeting: the Rev. Mark Tammen, director of Constitutional Services for the PCUSA. He is one of the authors of “The Louisville Papers,” documents prepared by PCUSA lawyers that urge presbyteries to use aggressive measures when trying to claim local church property.
Committee Chairman Rupert Turner said Tammen was asked to sit in by the synod’s stated clerk, the Rev. Dr. Elizabeth Johnson Pense, “as a resource on these matters. He offered no comments or opinions unless it was a constitutional matter.”
Tammen was not available for comment at press time.
The committee’s report will be presented to the synod’s executive committee at its meeting March 8. That committee has a wide range of options as to what it could do from there.
‘Clarify particular circumstances’
First Presbyterian filed suit against the presbytery on Sept. 6, 2006, seeking clear title to its property without interference by the presbytery or the Presbyterian Church (USA). A judge signed a temporary restraining order that same day, followed eight days later by a stipulated preliminary injunction to which both sides agreed.
On Nov. 4, South Louisiana Presbytery members voted for a stipulated judgment that said First Presbyterian “holds all property titled in its name in full, complete and unfettered ownership” and that neither the presbytery “nor any person, entity, administrative unit, agency, commission, committee or governing body action on behalf of the Presbytery of South Louisiana or in its stead, or claiming by, through or under the Presbytery of South Louisiana, has any right, title or interest in or to the property, whether in trust or otherwise, nor any right to determine control, directly or indirectly, the use or ownership of the property.”
Attorneys for the church and the presbytery returned to court Nov. 6 to enter a final judgment in the case. But that wasn’t the end of the matter – nine days later, six members of the synod’s 11-member Executive Presbyter Forum asked the synod to “clarify the particular circumstances related to church property matters,” the Administrative Review Committee report states.
The synod appointed the five-member Administrative Review Committee on Dec. 7. Administrative review was chosen because “it doesn’t lock you into the more carefully prescribed judicial processes,” Pense said. “It’s designed to be more pastoral, to offer more opportunities for reconciliation.”
Also, “It made sense in this case since a settlement had been reached,” Pense said.
The committee met Jan. 16 at the synod offices in Irving, Texas. Members reviewed the minutes of the presbytery and Presbytery Council meetings Nov. 3 and 4, as well as the lawsuit and stipulated judgment.
‘Pastoral concern’
The report found two basic actions by the presbytery were in conflict with the Book of Order:
- 1. In adopting the motion to approve the stipulated judgment, “the Presbytery essentially agreed with the provisions of the Stipulated Judgment, one of which states that all property is ‘held and owned for the sole and exclusive benefit of the First Presbyterian Church of the City of Baton Rouge.’ This statement negates the connectional covenant of our Presbyterian polity.”
- 2. The stipulated judgment “contains a provision pertaining to prior written notice before any action is taken to discipline a minister, which is contrary to the provisions of the Rules of Discipline of the Book of Order (D-6.0302, D-10.0103).”
Despite the findings, the report does not recommend taking action against the presbytery or church. The reasons vary:
- “It was pastoral concern for the [presbytery’s] churches and their ministries,” which continue to struggle in the aftermath of Hurricane Katrina, Pense said.
- “Recommendation for actions was not the purview of the Administrative Review Committee,” Turner said. The panel was charged, he said, with clarifying “the particular circumstances related to church property matters” regarding First Presbyterian of Baton Rouge and South Louisiana Presbytery.
Turner said Tammen had no influence on the report other than acting as a resource. “He went in,” he said, “with the attitude of being totally objective. We didn’t want someone, especially from the Office of General Assembly, giving editorial comments.”
What’s next?
It’s not yet clear whether the findings will set any legal precedent for other church property ownership cases. The report does express “hopes that other presbyteries, in facing similar difficulties in the future, will fully consider all of the provisions of the Book of Order.”
Also not clear is what the synod’s executive committee will do with the report. Turner said options include receiving it with no recommendation; finding violations of the PCUSA Constitution and making recommendations to the presbytery; or seeking punishment and/or verbal admonishment.
Or, “The executive committee could ask the Administrative Review Committee to meet again,” Pense said.
The full synod could receive the report, with or without recommendations from the executive committee, at its stated meeting April 26-28. If the executive committee makes recommendations for additional review or action, then the synod might not see a report until its adjusted meeting in October, Pense said.
It’s been a learning process for the synod, which is reviewing its Special Administrative Review procedures, Pense said. “It’s never been used before.”
Turner is just thankful he had “balanced, intellectual and fair” committee members who agreed unanimously. “We didn’t find ourselves in rams’ pasture regarding church policy,” he said.
Full text of report
The full text of the Administrative Review Committee report, a copy of which was obtained by The Layman Online, reads as follows:
“Pursuant to the request of members of the Executive Presbyter Forum of November, 15, 2006, to clarify the particular circumstances related to church property matters in the actions of the November 4, 2006 meeting of the Presbytery of South Louisiana regarding the decisions related to First Presbyterian Church of Baton Rouge, the Executive Committee of the Synod of the Sun authorized the Moderator, Synod Executive, and Stated Clerk to appoint this Administrative Review Committee.
“A meeting of The Administrative Review Committee was held at the Synod offices in Irving, Texas, on January 16, 2007. Present: Rev. Janne Brumbelow, Elder Robert Plummer, Rev. Sue Trei-Conrad, Elder Rupert Turner. Absent: Rev. Fred Morgan. Also present were the Rev. Elizabeth Johnson Pense, Stated Clerk of the Synod of the Sun, and the Rev. Mark Tammen, Director of Constitutional Services of the General Assembly, PC(USA).
“The committee reviewed the minutes of the Council and Presbytery of South Louisiana held on November 3 and 4, 2006, as well as the lawsuit and stipulated judgment rendered in the court proceedings entitled ‘The First Presbyterian Church of the City of Baton Rouge v. The Presbytery of South Louisiana,’ No. 547025 of the 19th Judicial Court, Parish of East Baton Rouge, Louisiana.
“After review of the material, especially in light of ongoing litigation at the time, we believe we have some understanding of the challenging dynamics facing both the congregation and presbytery surrounding the presbytery meeting of November 4, 2006. Yet we are concerned with the implications that relate to the connectional nature of our Presbyterian Church. By adopting Motion 7, the Presbytery essentially agreed with the provisions of the Stipulated Judgment, one of which states that all property is ‘held and owned for the sole and exclusive benefit of the First Presbyterian Church of the City of Baton Rouge.’ This statement negates the connectional covenant of our Presbyterian polity. In addition, the Stipulated Judgment contains a provision pertaining to prior written notice before any action is taken to discipline a minister, which is contrary to the provisions of the Rules of Discipline of the Book of Order (D-6.0302, D-10.0103).
“We raise these concerns to The Synod of the Sun in hopes that other Presbyteries, in facing similar difficulties in the future will fully consider all of the provisions of the Book of Order. We recommend that the Synod of the Sun be more proactive in assisting Presbyteries in such difficult situations. We submit these findings for the purpose of promoting harmony and at the same time encouraging compliance with the provisions of the Book of Order, all for the goal of building up the Body of Christ.”
Patrick Jean is a staff writer for The Layman and The Layman Online. He can be reached at pjean@layman.org.