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?