Meeting next week focuses on fate of pastor of Kansas church that voted to leave PCUSA
By Patrick Jean, The Layman Online, December 14, 2007
Heartland Presbytery will consider next week whether to defrock the suspended pastor of a Kansas congregation that sought to be dismissed from the Presbyterian Church (USA) to the Evangelical Presbyterian Church.
About the parties
First Presbyterian Church in Paola, Kan., has 556 members, according to the Presbyterian Church (USA).
Heartland Presbytery is comprised of 108 congregations representing 25,844 members in Kansas and Missouri. Its headquarters is in Kansas City, Mo. On Nov. 14, an administrative commission for the presbytery placed the Rev. Kirk Johnston on indefinite administrative leave from his pastoral duties at First Presbyterian Church in Paola, Kan. On Dec. 18, the presbytery will hold a special meeting to consider three recommendations from the committee on ministry:
- 1. “That the presbytery concur with the administrative commission and committee on ministry that the Rev. A. Kirk Johnston has ‘after consultation and notice, persisted in a work disapproved’ by the presbytery and presume that he has renounced jurisdiction (G-6.0702), effective Nov. 18, 2007, directing the stated clerk to remove his name from the roll, and take such other actions of an administrative character as may be required by the Constitution.
- 2. “That the presbytery concur with the administrative commission and committee on ministry that the Rev. A. Kirk Johnston has ‘accepted membership of any character in another denomination’ (G-11.0416) since Nov. 18, 2007, directing the stated clerk to delete his name from the roll, and take such other actions of an administrative character as may be required by the Constitution.
- 3. “That the presbytery determine that any further pastor or ministerial activities by A. Kirk Johnston (G-6.0200) in connection with ‘Lighthouse Presbyterian Church of Paola’ or any other worshipping community within the geographic bounds of Heartland Presbytery – including, but not limited to, preaching, leading worship, or the administration of the sacraments of baptism or the Lord’s Supper – is disapproved.”
Johnston was informed of the meeting Dec. 7 in both an e-mail from the presbytery and a letter from the Rev. Brian D. Ellison, moderator of the committee on ministry. In a letter to Ellison, Johnston addresses the recommendations.
“I have been active in the New Wineskins Association of Churches (allowed) and I have been the pastor of a church that sought a Book of Order-approved option – dismissal with property,” Johnston writes in the letter, a copy of which was obtained by The Layman Online. “In my ministry, I have pointed out important problems in the PCUSA. Are any of these forbidden? Is there another reason for this treatment? Or removal? If so, please produce them and allow me time to address them.”
Schism disputed, settlement rejected
On June 24, the Paola church voted 229-83 to request dismissal with its property from the PCUSA in order to join the EPC. Heartland Presbytery recognizes the vote total as 200-81 because it is not counting the church’s youth members, Johnston said.
On Sept. 9, the administrative commission met with the session of First Presbyterian Church in Paola and told them of its decision to reject the church’s request to leave the PCUSA for the EPC. The decision also was e-mailed and mailed to the church Sept. 11.
On Sept. 12, the church session sent a letter to the congregation stating that the administrative commission’s decision “is not the end of the matter. … We have retained counsel and are studying a number of options.”
“We are also defending the true polity of Presbyterianism, that a session is granted the right to determine the shape and substance of the ministry of a particular church,” the session wrote.
The session’s letter also expressed disappointment that the administrative commission conducted “a separate worship service for members who wish to stay and met with them numerous times.”
That was a sign of things to come; on Oct. 25, the administrative commission sent a letter to the congregation stating that:
- A schism existed at the church.
- Church members who wished to stay in the PCUSA constituted the “true church” and were entitled to the church property.
- Church members should notify the church by Nov. 24 if they elect to transfer or disaffiliate from the PCUSA.
Three days later, the session sent a letter to the congregation asking them not to seek transfer or disaffiliation from the PCUSA and stating that the session was negotiating with the administrative commission. On Oct. 30, Scott Nehrbass, an attorney for the church, wrote to Allan Hallquist, an attorney for the administrative commission, with a three-point settlement proposal:
- 1. “To assume and refinance through another lender the roughly $950,000 mortgage that the Church Development Corp. holds on FPC Paola’s property and that Heartland Presbytery has guaranteed.”
- 2. “To, in recognition of the minority of members of the Paola church who wish to have the church remain affiliated with the PCUSA denomination, donate a $40,000 ‘new ministry start-up’ offering to the Heartland Presbytery, or an unincorporated association or corporation created by the minority members.”
- 3. “To make available to the minority members FPC Paola’s property and facilities for worship and witness (including weddings, funerals, etc.), subject to reasonable restrictions and for a time period not to exceed one year, with the possibility of future considerations beyond one year if necessary and appropriate.”
On Nov. 5, Hallquist replied to Nehrbass that the administrative commission not only rejected the proposed settlement, but thought it “reflects a lack of grace and was offensive.”
The administrative commission sent out its own correspondence Nov. 5:
- A letter to the congregation, informing them that the commission had asked the church’s session to resign because it had failed to “govern the affairs of FPC Paola in accordance with our [schism] decision and the Book of Order,” and because it “has been unwilling to accept the administrative commission’s decision to deny its request for dismissal with property and the determination of a schism, and its actions and stated intent are not representative of the true church.”
- A letter to the session, asking them to attend a hearing Nov. 12 in which they could state their positions on “whether the session of FPC Paola PCUSA is unable or unwilling to manage wisely the affairs of FPC Paola PCUSA” and “whether the administrative commission should assume original jurisdiction and replace the session at FPC Paola PCUSA until such time as members of the true church of FPC Paola PCUSA elect a new session from its members.”
The administrative commission’s action against Johnston followed that hearing, and he was informed Nov. 14 by e-mail. There were three provisions to the administrative leave:
- 1. Johnston “will continue to receive housing, salary, medical and pension benefits to the Board of Pensions PCUSA in the amount approved in the 2007 budget of the First Presbyterian Church of Paola.”
- 2. Johnston “is to no longer perform any pastoral and ministerial functions (G-6.0200) among the congregation of First Presbyterian Church of Paola or in any worshipping community within the bounds of Heartland Presbytery.”
- 3. “Any violation of this directive will be ‘considered persisting in a disapproved work and renunciation of jurisdiction’ of the PCUSA (G-6.0702).”
The administrative commission assumed original jurisdiction over Johnston’s church the same day it suspended him. Notification of this action came Nov. 13 in an e-mail from the commission to the church. The e-mail stated that because of its “deep grievances with the Presbyterian Church (USA), and by its actions,” the session was “unwilling or unable to manage wisely the affairs” of the church “as set forth in the Book of Order (G-11.0103(s)).”
“The administrative commission will assume original jurisdiction on 14 November 2007 at 12 p.m. and replace the session … as set forth in the Book of Order (G-11.0103(s)) until such time as members of the ‘true church’ (as defined in section G-8.0601 of the Book of Order) can elect a new session from its membership,” the e-mail stated.
‘You have renounced jurisdiction’
Lighthouse Presbyterian Church met for the first time Nov. 18 in Paola, the Miami County Weekend newspaper reported. Johnston led the service as a guest pastor, but he told the newspaper that he did not plan to resign his PCUSA position. Members of the First Presbyterian Paola congregation were invited to join, as was anyone looking for a place to worship.
On Dec. 3, Johnston said he received an e-mail from the presbytery containing a letter from Diane Quaintance, clerk of the administrative commission. The letter, dated Nov. 29, began by reminding Johnston of the terms that were placed on his administrative leave in the Nov. 14 letter.
“Since receiving that letter, you have been identified as, and have identified yourself as pastor of Lighthouse Presbyterian Church, and you have preached a sermon at that church, in Paola, Kan., on Nov. 18, 2007, which is within the bounds of Heartland Presbytery,” Quaintance’s letter states. “Consequently, by your actions, the administrative commission believes that you are persisting in work not approved by Heartland Presbytery, and that by such actions you have renounced jurisdiction of the church and you should therefore be removed from membership and ordained office.”
“The administrative commission has requested that the committee on ministry of Heartland Presbytery investigate your actions in this regard, and if appropriate, make a finding that you have persisted in a disapproved work and renounced jurisdiction of the Presbyterian Church (USA),” the letter states. “Housing, salary, medical and pension benefits from the First Presbyterian Church of Paola, Kan., are hereby suspended as of Nov. 19, 2007, and may be terminated as of Nov. 19, 2007, pending a determination.”
Johnston said he also received a second e-mail from the presbytery Dec. 3 containing a letter from Ellison, the committee on ministry’s moderator. “The committee on ministry is now proceeding to investigate whether you have effectively renounced the jurisdiction of the Presbyterian Church (USA) as described in G-6.0702,” states the letter, dated Nov. 30. “Among the matters to be investigated will be whether you have been functioning as pastor, or presenting yourself as pastor, of a church not affiliated with the Presbyterian Church (USA), administering the sacraments without authorization, or otherwise persisting in work disapproved by the presbytery.”
The letter directed Johnston to appear at a committee on ministry meeting Dec. 6 in Kansas City, Mo., “to provide you with full opportunity to be heard in our consideration of this matter.”
‘Am I to be muzzled?’
On the day of the meeting, Johnston sent an e-mail and fax to Ellison stating he received the letter on three days’ notice and “cannot be present under such a short timetable.”
In the correspondence, Johnston questioned the administrative commission’s resolution that he had renounced PCUSA jurisdiction. “I have not been advised by the presbytery itself that any such finding has been made by that body,” he wrote.
Johnston also questioned the administrative commission’s finding that he was “persisting in work not approved by Heartland Presbytery” and retroactive suspension of his housing, salary, medical and pension benefits. “Why are the rights of severance that I have earned by past service now threatened?” he wrote. “Am I to be muzzled from leading others to Christ by the threat of loss of earned benefits?”
The presbytery gives severance benefits to pastors “equal to a month of salary, benefits, etc. per year served in that location up to a year total,” Johnston wrote. “I, who have served with faithfulness and without dishonor 15 years in Paola, would expect a year of severance under this policy.”
The retroactive suspension of salary and benefits “may constitute an unfair labor practice, as well as a violation of the policies and conditions of certain of the benefit plans of the PCUSA,” Johnston warned. He cited clause G-9.0505a of the Book of Order, which states: “The decision of an administrative commission shall be the action of the appointing governing body from the time of its completion by the commission and the announcement, where relevant, of the action to parties affected by it.”
Johnston also addressed the Lighthouse Church situation.
“I have appeared as guest preacher at Lighthouse Presbyterian Church three times and anticipate continuing to serve them as able,” he wrote. “I hope one day to be their pastor. But presently, preaching at another church does not place me at risk of removal. Nor does your authority extend into those churches – thus, they cannot be in bounds of Heartland Presbytery.
“Further,” Johnston concluded, “your most recent letters and threats have forced me this week to seek ecclesial connections and medical benefits outside the PCUSA in order to protect my family and myself from retroactive calamity.”
Presumed to have renounced jurisdiction
On Dec. 7, Johnston received an e-mail from the presbytery containing a letter from Ellison. In the letter, Ellison said the committee on ministry received Johnston’s Dec. 6 communication by e-mail. “This communication was read by every member present and given careful consideration, and the committee believes that it has faithfully considered your arguments and perspective, and has given you every fair opportunity to be heard,” he wrote.
“The committee does, in fact, believe that you have persisted in wo