Administrative commission gets original jurisdiction over church that filed property suit
By Patrick Jean, The Layman Online, October 29, 2007
LAKE JUNALUSKA, N.C. – The Presbytery of Western North Carolina has given an administrative commission original jurisdiction over a church that went to court earlier this year to prevent the presbytery or the Presbyterian Church (USA) from seizing control of the congregation’s property and assets.
Presbytery commissioners, by unanimous voice vote at their stated meeting Oct. 26 in Lake Junaluska, approved the administrative commission’s original-jurisdiction powers over First Presbyterian Church in Marion.
About the parties
First Presbyterian Church in Marion, N.C., was founded in 1845, said its pastor, the Rev. Jim Wilken. It has 140 members, he said.
The Presbytery of Western North Carolina is comprised of 115 congregations with more than 20,000 members. Its headquarters is in Morganton, N.C. Original jurisdiction means the presbytery determined that the church’s session “cannot exercise its authority” and “is unable or unwilling to manage wisely the affairs of its church,” according to clause G-11.0103(s) in the PCUSA’s Book of Order. The administrative commission is granted the powers of the church’s session.
The seven-member Marion administrative commission will “delegate to the current session some of the responsibilities of the session (G-10.0102), subject to the general oversight of the commission, if and when this becomes appropriate,” the commission’s report to the presbytery stated. The report was included in the meeting packet given to presbytery commissioners.
Presbytery commissioners approved the administrative commission at their stated meeting July 31 in Gastonia.
A church divided?
The administrative commission’s report to the presbytery argues that the Marion congregation is divided. “An atmosphere of understanding, impartiality and objectivity is needed to bring about reconciliation within the congregation,” the report stated. “The situation may already have reached the point of needing to have a mediation team work with the members.”
“We believe that some mediation needs to take place between the two parties in the church,” Eugene D. “Gene” Witherspoon, a minister who is chairman of the administrative commission, told presbytery commissioners. “We see that our part, if we ever assume an original jurisdiction, at this point we see that would likely be the area, so that as the mediation team came in, it would be presented by one who was objective in this and not a member of one side or the other.”
The report was written when the administrative commission had not yet met with the Marion church’s session. That meeting took place Oct. 18, Witherspoon said.
“We did meet with the session, with the elders who are on the session, plus the elders who are coming on the session,” he said. “We felt very good about their honesty to us, about the candor with which they spoke to us (and) the ways in which they related to each of us. I believe they heard us when we said that we are coming to them to work with them, not against them, in spite of our recommendation.
“We feel much more positive after that meeting than we did not knowing the reception we would receive,” Witherspoon said. “We are grateful for that positive reception we had. We do feel that even with that positive experience that we had and the expression of concern on the part of the session – some by those who are not real happy with our being there, but they recognize the concerns of the church.”
Background on court case
The Marion church was granted a temporary restraining order in McDowell County Superior Court on July 2, the same day it filed a complaint seeking a judgment that it, and not the presbytery or the PCUSA, owns its property. The church’s complaint also sought a preliminary injunction.
The presbytery filed an “Answer, Defenses and Counterclaim” on Aug. 30 seeking a ruling that the church “holds its property in trust for the use and benefit of the Presbyterian Church (USA),” as well as an enjoinder preventing the church “from taking any action with respect to its property that would be inconsistent with the aforesaid duty of trust.” The presbytery also sought dismissal of the church’s complaint and dissolution of the temporary restraining order.
The church and the presbytery reached an agreement Aug. 31 in which, pending a final resolution of the lawsuit:
- The presbytery will not “take possession of, issue any public or private claim (other than the claims, defenses and counterclaims asserted in the pleadings in this action) or lien over, or take any action whatsoever to interfere directly or indirectly with the FPC Marion’s title, ownership and present control of all real property and personal property.”
- The church will not “take any action to sell, mortgage, encumber, lease or otherwise alienate title to any property it owns or file any liens or claims against such property (other than the claims and defenses asserted in the pleadings in this action).”
- The church will not “conduct or participate in any meetings or discussions on the issue of modifying FPC Marion’s present ecclesiastical connection and affiliation with the presbytery and the Presbyterian Church (USA).”
- The presbytery “shall have the right to contact FPC Marion’s officers, agents and employees for the purpose of meeting and interacting with them. FPC Marion and its officers and officials shall cooperate with the presbytery and its administrative commission in such meetings and interactions.”
- “Any connectional oversight exercised by the presbytery over FPC Marion during the pendency of the litigation will not involve the subject matter of the civil case. Further, in any interactions between the presbytery and FPC Marion, including efforts of an administrative commission to resolve other differences that may arise, FPC Marion will be afforded all of the constitutional safeguards and due process provided by the Book of Order.”
The lawsuit is now “in the ‘discovery’ stage of gathering details and information,” said Stephen R. Little, a Marion attorney who is representing the church. “Both sides have requested some specific documents and facts from the other. This is quite typical in civil lawsuits.”
Shakeup in the pulpit
Whatever happens with First Presbyterian Church in Marion and its property will happen under interim or new leadership. The church’s session requested the resignation of the pastor, the Rev. Jim Wilken, the same night they met with the administrative commission. Wilken said he submitted his resignation Oct. 21 and it takes effect Nov. 4.
Wilken said he told the session back in the summer that he planned to resign because he had accepted a teaching position with Marion Christian Academy. The session didn’t accept his resignation, but agreed in August to change his pastoral status from full-time to part-time, he said.
“That was the status of things until the administrative commission started meeting with the congregation and then with the session, and then last week things changed, I guess, for some folks,” Wilken said. “And then they said, ‘Well, actually, we think it’s better for you to leave after all.'”
Wilken’s part-time status apparently didn’t sit well with the administrative commission. “The commission is also aware of the deep split within the congregation, which needs more than a part-time pastor,” the report stated.
Wilken, who said he never met with the administrative commission, will continue to preach through Nov. 4. “I’m accessible if anybody from the congregation calls on me or the committee has any questions for me,” he said. “But at this point, I’m primarily preparing for the last two worship services.”
Wilken, who had been pastor since February 2003, said he will remain on the Marion Christian Academy staff. The rest of his future remains to be determined after Nov. 4, he said.
Wilken doesn’t think his resignation will have any effect on the church’s property lawsuit. He said he hasn’t been asked to give a deposition or provide witness testimony.
“As far as I’m concerned, whatever happens with the legal proceeding at this point won’t involve me,” he said. “Nobody’s said anything to me. I’m pretty much going to be out of the loop.”
Full text of report
Here is the full text of the administrative commission’s report to the presbytery:
“This administrative commission for the First Presbyterian Church, Marion, N.C., was appointed by presbytery at its July meeting to ‘inquire into and settle the difficulties therein’ (Book of Order [clause] G-9.0503(a)4), working always for reconciliation. The commission is composed of the following ministers and elders:
- “Mary V. Atkinson, elder, Black Mountain
- “B. Wesley Garrou Jr., elder, Waldensian
- “J. Richard Hobson, minister
- “Anne C. Morgan, minister
- “Charles E. Reiley, elder, Grace Covenant
- “Albert D. Shaw Jr., minister
- “Eugene D. Witherspoon, minister, chair
“The commission met for orientation on Aug. 10 at the Black Mountain Church. Mary V. Atkinson was elected secretary. It met again on Sept. 18 in the fellowship hall of the Marion First Church for the purpose of listening to those members of the congregation who wished to express how they felt about the church. Around 40 persons were present at that meeting.
“Following that hearing, the commission met on Sept. 27 in Black Mountain to evaluate the meeting with Marion First Church and will meet again in Black Mountain on Oct. 11. The commission plans to meet with the elders of Marion First without the pastor and then with the pastor.
“The administrative commission for the First Church of Marion, N.C., respectfully requests that the Presbytery of WNC again authorize it to assume original jurisdiction over the Marion congregation, pursuant to the Book of Order (G-11.0103(s)), with the right to delegate to the current session some of the responsibilities of the session (G-10.0102), subject to the general oversight of the commission, if and when this becomes appropriate.
“Rationale for this request: The session earlier, without consultation with presbytery, applied to the secular courts for a temporary restraining order against presbytery. The commission is also aware of the deep split within the congregation, which needs more than a part-time pastor. It is the belief of the commission that an atmosphere of understanding, impartiality and objectivity is needed to bring about reconciliation within the congregation. The situation may already have reached the point of needing to have a mediation team work with the members. If, when we meet with the session, we feel the session cannot be objective in dealing with those who feel their voices are not being heard within the congregation, we believe it utterly necessary to assume original jurisdiction until such differences have been worked out.
“The commission would remind presbytery that at its July meeting, it agreed that ‘if the commission judges it necessary, it may also assume original jurisdiction (pursuant to Book of Order [clause] G-11.0103(s)), following all proper procedures.’ We make this request, aware that we have not yet met with the session by itself. However, believing there is a strong possibility that such assumption of original jurisdiction may be beneficial, we believe that waiting until the January meeting of presbytery to renew our request will be extremely detrimental to the life of the Marion First congregation.
“Respectfully submitted,
“Gene Witherspoon, chair
“Marion Administrative Commission”
Patrick Jean is a staff writer for The Layman and The Layman Online. He can be reached at pjean@www.layman.org.