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Beaver-Butler Presbytery approves guidelines
Trust clause will not be used 'to shackle churches'
to the PCUSA if they 'genuinely desire to depart'

By Craig M. Kibler
Staff Writer
The Layman Online
Tuesday, September 18, 2007
The Beaver-Butler Presbytery has approved a set of exit guidelines that it will follow for congregations considering leaving the denomination – including not using the Book of Order's property trust clause "to shackle churches to the institution of the Presbyterian Church (USA) if a church genuinely desires to depart."

Beaver-Butler Presbytery consists of 87 churches in the counties of Beaver and Butler in southwestern Pennsylvania.

In the exit guidelines, approved by the presbytery Sept. 11, the presbytery states that the trust clause, G-8.0201 in the Book of Order, "is meant to reflect the church's organic unity as it fulfills 'The Great Ends of the Church,' strengthening its ability to guide its member churches into their witness to the broader community."

"Because the trust clause is meant as a means of witness to our unity in the covenant of common mission," the guidelines state, "it is incumbent upon the presbytery to act ministerially rather than adversarially to its member churches in regard to its provisions."

The denomination's trust clause, which is facing court challenges across the country, reads:

"All property held by or for a particular church, a presbytery, a synod, the General Assembly, or the Presbyterian Church (USA), whether legal title is lodged in a corporation, a trustee or trustees, or an unincorporated association, and whether the property is used in programs of a particular church or of a more inclusive governing body or retained for the production of income, is held in trust nevertheless for the use and benefit of the Presbyterian Church (USA)."

The guidelines go on to state that the trust clause "is understood by the presbytery as a means of displaying organic unity in common mission." The guidelines then list several "common principles" by which the presbytery will be guided by in dealing with property matters:
  • "It will not be used to shackle churches to the institution of the Presbyterian Church (USA) if a church genuinely desires to depart.
  • "It will not be used as a weapon to threaten civil action against a congregation, in keeping with 1st Corinthians 6:1-11, over issues of conscience. (G-1.0300)
  • "It reflects a tangible exhibition of the inter-connected relationship organically existing between the presbytery and its congregations."
The complete text of the guidelines approved by Beaver-Butler Presbytery is as follows:

Principles and Processes
For Beaver-Butler Presbytery
When Churches Seek to Separate From Presbytery

I. Principles of Mission and Property in Times of Dispute

A. The Presbytery, Property and Conscience
The Presbytery of Beaver Butler seeks to develop, encourage and nurture the denominational affiliation and presbytery membership of each of its particular member churches based on our organic spiritual unity found in the grace of the Lord Jesus Christ, the love of God, and the fellowship of the Holy Spirit. (2 Corinthians 13:14) In all of our relationships, we will be guided by our own Statement of Purpose:

The Purpose of Beaver-Butler Presbytery is to be a servant to the churches God has entrusted to us, encouraging and supporting them toward becoming healthy, growing, Missional Congregations.(Missional Congregations are those that discern God's mission in their setting and are actively working to participate in that mission.) (Manual Revision Adopted 11/14/06)

This is especially true for those congregations for whom the bonds of unity are stretched and ecclesiastical connections frayed over issues of conscience to the point of considering disaffiliation.

In order to achieve the goals of servanthood, encouragement and support (that are keys to ministering in times of dispute), Beaver-Butler Presbytery has historically seen its role as being a resource to:
  • Enable its congregations to carry out their mission by providing resources to proclaim the good news of Jesus Christ;
  • Respond to the needs and challenges of the world in our Lord's name;
  • Conduct constitutionally required responsibilities of a presbytery;
  • Coordinate its mission with that of the General Assembly, the Synod of the Trinity; and appropriate ecumenical agencies;
  • Serve as a channel of communication with other governing bodies;
  • Fill a fellowship and pastoral function for its members and congregations;
  • And work diligently to fulfill the "great ends of the church":
The proclamation of the gospel for the salvation of humankind,
The shelter, nurture and spiritual fellowship of the children of God,
The maintenance of divine worship,
The preservation of the truth,
The promotion of social righteousness, and
The exhibition of the Kingdom of Heaven to the world.
(Manual of Operations 11/16/82)
Therefore in matters of Property and conscience, the Presbytery sees its role in terms of Mission Strategy first and foremost.

B. The Presbytery and Mission Strategy
The Book of Order of the Presbyterian Church (U.S.A.), (G-11.0103), challenges the Presbytery to order all resources …for the mission and government of the church throughout its geographical district. It therefore has the responsibility and power:

a. To develop strategy for the mission of the church in its area consistent with G-3.0000 (the Book of Order chapter on the Church and its Mission);

b. To coordinate the work of its member churches, guiding them and mobilizing their strength for the most effective witness to the broader community for which it has responsibility.

As a result, the Presbytery has an abiding interest in the location and facilities of the member churches as an expression of the missions of the Presbytery.

C. The Presbytery and the Trust Clause
According to the Book of Order of the Presbyterian Church (U.S.A.)

All property held by or for a particular church, a presbytery, a synod, the General Assembly, or the Presbyterian Church (U.S.A.), whether legal title is lodged in a corporation, a trustee or trustees, or an unincorporated association, and whether the property is used in programs of a particular church or of a more inclusive governing body or retained for the production of income, is held in trust nevertheless for the use and benefit of the Presbyterian Church (U.S.A.). (G-8.0201)

The Trust Clause is meant to reflect the church's organic unity as it fulfills "The Great Ends of the Church", strengthening its ability to guide its member churches into their witness to the broader community. Because the trust clause is meant as a means of witness to our unity in the covenant of common mission, it is incumbent upon the Presbytery to act ministerially rather than adversarially to its member churches in regard to its provisions.

D. The Presbytery and Covenant Life
Because the Trust Clause is understood by the Presbytery as a means of displaying organic unity in common mission, there are common principles that will guide the Presbytery's use of it:
  • It will not be used to shackle churches to the institution of the Presbyterian Church (U.S.A.) if a church genuinely desires to depart.
  • It will not be used as a weapon to threaten civil action against a congregation in keeping with 1st Corinthians 6:1-11 over issues of conscience. (G-1.0300)
  • It reflects a tangible exhibition of the inter-connected relationship organically existing between the Presbytery and its congregations
II. Principles of Resolution
The Trust Clause will not be used to initiate civil litigation preemptively. If a church initiates a civil action, the Presbytery may take legal action to defend its mission strategy for the Presbytery. In times of dispute over issues of conscience, the Presbytery will adhere to, and member churches are encouraged to adhere to, these Principles of Resolution.

Guided by our Presbyterian form of government, we:
1. Affirm the mission of the Kingdom of God and not the maintenance of any particular institution as our highest calling;

2. Believe that the local congregation is the primary mission unit of Presbytery, and that issues of property and money are always secondary to people and mission;

3. Will not abdicate all decisions regarding property and finance to the local congregation;

4. Understand that property is maintained and administered locally by the congregation on behalf of the denomination;

5. Maintain accountability and connection by shared, representative leadership and oversight;

6. Understand that regarding issues of conscience, "Divorce" can be a relevant analogy in releasing congregations. Each side must confront difficult realities, confront what it perceives to be a broken trust, speak of those realities to each other, and be forced to consider the ongoing health and viability of the other;

7. Will not approach property issues in such a way as to constrain local congregations in their ability to do mission and ministry;

8. Will use the Presbytery Response Team procedure described in III-A below instead of the use of an Administrative Commission;

9. Will use binding arbitration as describe in section III-A. below when resolution cannot be achieved by other means; and will use the Presbytery Response Team procedure described in III-A below prior to any use of an Administrative Commission;

10. Will encourage all presbyters and congregations to "concur with or passively submit to" (G-6.0108(b), footnote 1) the vote and wisdom of the majority. If their consciences will permit neither, the Presbytery will be generous in allowing congregations and presbyters with strong issues of conscience to pursue peaceable withdrawal, which may include dismissal to another Reformed body in accordance with our interpretation of the Trust Clause, found in section III below.
III. Processes for Resolution
A. The Process of Discernment Leading to Possible Dismissal
In the Presbyterian tradition, an inter-connected relationship is assumed between the Presbytery and its congregations. Therefore, no congregation will be dismissed to another Reformed body unless and until, at a minimum, the following process is followed:
1. The Session and its pastor/moderator, after consideration, prayer and a majority vote invites the Presbytery to form a Presbytery Response Team (PRT) in order to engage the congregation in discussions about potential resolution or dismissal for identified reasons of conscience.
2. The PRT will consist of a Chairperson appointed by the Coordinating Team and specifically trained by the Presbytery in conflict resolution; and four other members including a person agreed upon by the Session of the congregation and three other members chosen by the Coordinating Team.
3. The PRT will meet with the Session, and the pastor/Moderator will be asked to either voluntarily excuse him or herself from the meeting or to voluntarily decline his or her right to voice and vote. If the moderator does so, he or she will appoint a member of the PRT to act as moderator in his or her absence. The first action in that initial meeting will be to agree to the terms of Section B, (Favorable Terms).

4. In the case of an impasse between the Presbytery and congregation in negotiation, both the Presbytery and congregation will submit to the decision of an arbiter. The arbiter will be a practicing Christian and a member of the American Arbitration Association or the Peacemaker Ministries. The arbiter will be chosen by both Presbytery and congregation at the very beginning of the dismissal discernment process as described in Section A above. Should arbitration be entered, the arbiter's decision is to be followed without exception. The costs for the arbiter will be divided equally between the Presbytery and the congregation.
5. Both the PRT and the session and the pastoral staff will be encouraged to seek ongoing dialog in the hope of resolution.
6. The PRT will not determine the merits of the concerns raised by the Session, but will work to assure that before the issues are brought before the congregation, they have been addressed fairly and accurately.
7. The PRT will promptly report the results of the initial meeting and its recommendations to the Presbytery through the Coordinating Team.
8. The PRT may work with the Session to call a Congregational Meeting for the purpose of hearing from the members and discerning, possibly by a non-binding written "straw ballot," how many members desire that, should the way be clear, the congregation be dismissed to another Reformed body.
9. While the quorum for congregational meetings is set by the Book of Order, and by the bylaws of particular congregations, the PRT expects that at least fifty percent of the active membership will participate in the meeting.
10. If the PRT believes that a significant proportion (estimated at more than 75%) of the attending members wish to be dismissed, they will, with the permission of the Presbytery Coordinating Team and/or Presbytery, begin to negotiate favorable terms with the congregation under the terms of Section B., below.

11. During the negotiations the PRT will meet with members of the congregation who wish to remain within the Presbyterian Church (U.S.A.) to best strategize how to either maintain an existing mission presence, incorporate members into nearby Presbytery congregations, or create a new entity.

12. At the conclusion of negotiations, the congregation will hold a Congregational Meeting to vote on a possible dismissal to a specific Reformed body according to the terms of negotiation. At least fifty percent of the current active membership will attend the meeting. An affirmative vote of at least seventy-five percent is required in order to further the dismissal process.

13. The Presbytery, at a regular or specially called meeting, will vote on whether to accept the terms of dismissal without amendments and to allow the congregation to be dismissed to a specified Reformed body according to G-11.0103(i) of the Book of Order of the Presbyterian Church (U.S.A.). In the case of a negative vote of Presbytery, the process of Binding Arbitration, will be followed.
B. Favorable Terms
The Presbytery, through the process of negotiating issues of conscience and property with congregations, will act in such a manner that will reflect its primary concern for the ongoing mission and vitality of Christian witness in the area impacted by ministry of that congregation. Therefore:
  • The Presbytery recognizes that "the church" in a particular area is not its building or financial assets, but the people of the congregation.
  • The Presbytery must be mindful both of congregation members who, for reasons of conscience, desire that their congregation be dismissed to another denomination, and also those congregation members who wish to remain within the Presbyterian Church (U.S.A.).
  • In cases where a financial settlement is a part of a dismissal agreement between the presbytery and a particular church, that settlement will be fairly and proportionately based on a measure such as how many congregation members remain within the Presbyterian Church (U.S.A.) and how many elect to be a member of the departing congregation.
  • The best goal of Presbytery negotiations with congregations, when there is a group that desires to remain within the Presbyterian Church (USA) and a group that desires to be dismissed to another Reformed body, is to enable both congregations to be as healthy as possible in the aftermath of separation.
  • If a financial settlement is agreed upon, that settlement will be used, in its entirety and for no other purpose, to maintain or re-establish a mission of the Presbyterian Church (U.S.A.), or to enable those remaining within the Presbyterian Church (USA) to find a receiving congregation within or near the specific area served by that particular congregation.
Craig M. Kibler is the Director of Publications/Executive Editor of The Layman and The Layman Online. He can be reached at cmkibler@layman.org.

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