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Heartland Presbytery
Meeting next week focuses on fate of pastor
of Kansas church that voted to leave PCUSA


By Patrick Jean
Staff Writer

The Layman Online
Friday, 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 work disapproved by presbytery (G-6.0702) and accepted membership of any character in another denomination (G-11.0416)," Ellison wrote. "It will recommend to Heartland Presbytery that it presume you to have renounced the jurisdiction of the Presbyterian Church (USA)."

"Notwithstanding this," he continued, "the committee on ministry also, in its capacity for validating and overseeing the ministry of minister members of Heartland Presbytery, has determined that your performance of any pastoral functions – including, but not limited to, preaching, leading worship, or administering the sacrament of baptism or communion – in connection with the 'Lighthouse Presbyterian Church of Paola' or any other worshipping community within the geographic bounds of Heartland Presbytery, is work disapproved by presbytery. Further persistence in such activities, effective immediately, will be deemed further persistence in disapproved work. The committee will also ask Heartland Presbytery to concur with this determination."

Ellison concludes by informing Johnston of the Dec. 18 called meeting of the presbytery "for the purpose of acting on the matters described above. There, you will again be afforded an opportunity to speak to the presbytery about the matters described above."

Ellison included a copy of the official call of the meeting, which Johnston also received separately by e-mail the same day. The text is as follows:

CALLED MEETING NOTIFICATION
At the request of the committee on ministry, the stated clerk of Heartland Presbytery calls a special meeting of Heartland Presbytery on Tuesday, Dec. 18, 2007, at 10 a.m. at First Presbyterian Church, 1625 NW O'Brien Road, Lee's Summit, Mo., for the purpose of taking action on the following motions:
1. The committee on ministry recommends that Heartland Presbytery presumes the Rev. A. Kirk Johnston has renounced jurisdiction by 'persisting in a disapproved work' (G-6.0702); that Rev. A. Kirk Johnston has 'accepted membership of any character in another denomination' (G-11.0416); the name of the Rev. A. Kirk Johnston should be deleted from the roll of ministers of the Presbyterian Church (USA); and the stated clerk be instructed to take any other administrative actions as may be required by the Constitution.

2. The Committee on Ministry determines that all pastoral duties, including but not limited to preaching, administering the sacraments of baptism and the Lord's Supper, and leading worship, performed in connection with the 'Lighthouse Presbyterian Church of Paola' or any other worshipping community within the geographic bounds of Heartland Presbytery is work disapproved for the Rev. A. Kirk Johnston by Heartland Presbytery. The committee on ministry further recommends to Heartland Presbytery that it concur with this determination.
Presbytery packet will be posted online on Wednesday, Dec. 12, by 5 p.m."

The packet, posted on the presbytery's Web site, contains nine items:
1. The docket, which includes the three recommended action items from the committee on ministry. The first two items are to be voted on together, with a separate vote on the third item.

2. A letter sent from the First Presbyterian Paola elders, pastor and clerk of session to the congregation informing them of the June 24 vote on requesting dismissal from the PCUSA.

3. The Nov. 14 letter from the administrative commission to Johnston that informed him of his suspension.

4. Johnston's Nov. 14 e-mail to the administrative commission in response to his suspension.

5. The Nov. 29 letter from the administrative commission to Johnston, informing him that he has renounced PCUSA ordination and should be removed from membership and ordained office because he is persisting in "work not approved by Heartland Presbytery."

6. The Nov. 30 letter from the committee on ministry to Johnston, directing him to appear at a committee meeting Dec. 6 for a hearing on whether he has "effectively renounced jurisdiction" in the PCUSA.

7. Johnston's Dec. 6 response to the committee on ministry in which he says he will not be able to attend the meeting, argues for his severance rights and says preaching at Lighthouse Presbyterian Church "does not place me at risk of removal."

8. The Dec. 7 letter from the committee on ministry to Johnston, informing him that it will recommend to the presbytery that he has renounced PCUSA jurisdiction and that further work with Lighthouse Church or a similar local church is disapproved, and informing him of the Dec. 18 called meeting

9. A map to First Presbyterian Church in Lee's Summit, Mo., site of the Dec. 18 called meeting.
Johnston's last stand?
In his letter to Ellison in response to the Dec. 18 called meeting, Johnston questions whether the case against him is personal.

"This is absolutely consistent with how I was treated during my (2004) remedial complaint about per capita," he writes. "We were forced to wait a year to state our case publicly and were forced to prove it again before the GAPJC (General Assembly Permanent Judicial Commission). During that time, we tried every conceivable way of avoiding litigation – but were forced to church court by the presbytery leadership's consistent decisions to force upon us what was later declared unconstitutional."

"And why did you … and other presbytery leaders block the public reading of the GAPJC one-page decision on per capita – the unanimous decision that pointed out that not only was the per-capita policy you championed unconstitutional – but a decision that referenced the continued deep problems with pastoral care in Heartland Presbytery?" Johnston writes to Ellison. "The full extent of that decision never saw the light of day in our presbytery. Why? Recent PJC decisions have been read from the floor – why not that one? Considering that you have never written me since then and write only now to force me out, I wonder, could that episode and its national rebuke still be bothering you? Does some lingering resentment still exist that colors or prejudices your actions now?"

Johnston also complains about an earlier action by a presbytery panel. "Your actions expose just some of the ways the leadership of this presbytery has sought to silence other voices and one voice of dissent in its midst," he writes. "Now I see the true nature of the presbytery nominating committee's decision last year to use a written, rarely followed feint to remove me from the list of Heartland commissioners going to the 2006 General Assembly. … I was more senior, I was part of a church redirecting per capita – I was pushed aside for a less senior, per capita-paying pastor. And now this year even before our vote to seek dismissal, presbytery has begun a plan to move from seniority-based commissioners to simple elections. Curious."

Johnston says he has never asked to leave the PCUSA, nor has he renounced its jurisdiction. "I expect you will mention to the assembled presbytery on the 18th that I have sought ecclesial and benefits protection from the EPC," he writes. "But as I told you when I self-reported this for the COM (committee on ministry) to consider – this occurred recently and – only to protect myself and my family from the calamity and potentially ruinous retroactive loss of benefits as threatened in your and the AC's (administrative commission's) Nov. 29th and 30th letters. And these are all effective, as EPC stated clerk Jeff Jeremiah will testify are effective, pending dismissal or removal by Heartland Presbytery."

Ellison has "a lot of questions to answer," Johnston writes. "Fellow presbyters have a lot of questions to ask. I would ask them to question the makeup of our presbytery leadership – the seeming interlocking directorate and short list of leaders in committee and council positions rotated among a few insiders. I would call them to examine much more."

Johnston also remains defiant when it comes to the Lighthouse Church situation. "Having suspended me from my own church, presbytery has no right to keep me from preaching and leading in any other non-PCUSA church with threats of loss of earned benefits – as all non-PCUSA churches are outside your bounds," he writes.

Johnston concludes his letter to Ellison by speaking on behalf of First Presbyterian Paola and its suspended session. "Once I saw that the main issue for the AC was property, the session, leaders and I didn't resist the removal from Paola," he writes. "The church didn't pursue its legal right to assert its property rights, nor did they resist the removal of elders."

"Forgoing legal action on property, the church and staff simply surrendered to what presbytery ordered and (what) we thought would honor Jesus in these circumstances," Johnston writes. "But I do not think it honors Jesus, nor do I feel it a service to Christ or the PCUSA, for me to simply be removed and fade away without witness. So I will speak what I know and leave the rest to God and to my fellow presbyters. Accordingly, this is not just a private letter – but an appeal to Heartland Presbytery. What is done here needs to see the light of day."

"Just tell the world what leads to suspension in the Heartland – not direct Christ betrayal, but instead perceived institutional disloyalty," Johnston writes. "At least you have shown how to excommunicate someone. I have done my best all in an effort to serve Christ and to be (a) true blessing to the PCUSA. I am under your authority now. I pray for you and ask that you act on rightly in answering these questions and in leading our presbytery."

Patrick Jean is a staff writer for The Layman and The Layman Online. He can be reached at pjean@layman.org.

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