 Sacramento Presbytery Complaint to synod delays two large churches from leaving with their properties for the EPC By Patrick Jean Staff Writer The Layman Online Tuesday, January 22, 2008 A fellow church's complaint is keeping two of the largest churches in Sacramento Presbytery from leaving the Presbyterian Church (USA) with their properties for the Evangelical Presbyterian Church.
After the presbytery's vote, however, Westminster Presbyterian Church in Sacramento filed a notice of appeal and request for a stay with the Synod of the Pacific. The stay will be enforced until the synod's Permanent Judicial Commission addresses the Westminster Church filing, said Robert D. Brink, synod executive. There is no time frame for when the commission will do that, he said. That means the Fair Oaks and Roseville churches remain in the PCUSA until further notice. Also held up by Westminster Church's filing are:
When it agreed to dismiss the Fair Oaks and Roseville churches with their properties, Sacramento Presbytery implemented a voided policy that had stated that the presbytery would never enforce the trust provisions of Chapter 8 of the Book of Order, Westminster Church argues in its complaint.
The following month, the sessions of Westminster Church and four other congregations filed remedial complaints with the Synod of the Pacific, alleging irregularities in the special meeting where the vote took place. In June 2007, the synod's Permanent Judicial Commission – taking a page out of "The Louisville Papers" – declared that the resolution "constitutes a misuse of its discretion to determine how the property of a congregation that is being dissolved or dismissed shall be held, used or applied." The court also ruled that the resolution "contravenes the trust provisions of Chapter 8 in the Book of Order and thus is inappropriate and unconstitutional." By its actions Dec. 4, Westminster Church alleges in its new complaint, "Sacramento Presbytery dismissed with property the two congregations (Fair Oaks and Roseville) acting de facto as if the synod had not ruled against this motion." The complaint makes four arguments:
A perfected remedial complaint and request to maintain the stay was filed Jan. 14 with Sacramento Presbytery, according to the presbytery's Web site. It lists Sacramento Presbytery as the sole opposing body and Thompson, Cox and Little as the complainants from Westminster Church. In arguing that the stay be continued "until there can be a complete review by synod of the actions of presbytery," the following relief is requested:
"If the stay is not maintained, the presbytery and the departing congregations will be free to consummate the agreement, which was to have been made effective Jan. 1, and the congregations will leave. This commission, thus, would not have any opportunity to exercise its constitutional duty to review the presbytery's actions concerning the trust property, and a grievous injustice would result." Taking the case to the congregation Westminster Church argued the case to its congregation in the January edition of the church's newsletter. "WPC's session and its pastors believe the presbytery abused its discretion when it did not uphold the PCUSA trust clause or plan to replace the PCUSA's lost mission in the Fair Oaks and Roseville geographic areas," states the article, titled "WPC Pastors & Session Question Property Decision." "For years, neither Fair Oaks nor Roseville has paid its per capita to the presbytery," the article stated. "Yet, they have sued the presbytery in secular (civil) court for their property, believing that the PCUSA's trust clause, which says all property is held in trust for the purposes of the PCUSA, is 'unenforceable.' These two congregations wish to join the Evangelical Presbyterian Church and take their property with them. However, the Sacramento Presbytery is charged to act as a trustee for the PCUSA and uphold the trust clause." The article recounts the presbytery's property policy that was ruled unconstitutional. "Now Westminster's session and its pastors believe that the presbytery again acted in error when it dismissed the Fair Oaks and Roseville congregations without considering the mission and assets of the PCUSA in a meaningful way," it stated. "And the synod has granted the request for an appeal and a stay." The article made two concluding arguments to the congregation:
First Presbyterian Church of Roseville has a news release about the Westminster Church complaint on its Web site. Here is the text of that release: "Going, Going, Gone … but not yet. "You may have read in our January Pulse newsletter that the Sacramento Presbytery voted on December 4 to dismiss FPC Roseville, with property, to the Evangelical Presbyterian Church (EPC). The road was cleared for the transition to take place on January 1, 2008. But … "On Christmas Eve, at 3:30 p.m., our legal counsel was notified that the senior pastor, the associate pastor, the parish associate, and the session of Westminster Presbyterian Church of Sacramento filed a complaint with the Synod of the Pacific asking it to stay (that is, stop temporarily) the action of the Presbytery. The Synod agreed to stay the action and to hear the matter in the Synod court. "The result is that the settlement agreed upon by the negotiating teams and affirmed by the Presbytery is delayed. Our journey to the EPC is not yet complete. "What happens next: Our legal counsel and church leadership are actively reviewing options. Because of the action by the Synod, the legal process in the civil courts regarding our property continues and is being appropriately pursued. We ask for your prayers as we navigate through the course of the next few weeks. Pray that the Lord will help us to continue to act with grace and wisdom, trusting Him to lead us. "Watch this space in the coming days for additional details as they become available. What a privilege to serve a sovereign God who has all of these things in His hands!" The church's senior pastor, the Rev. Dr. Jim Barstow, did not return a call and e-mail from The Layman Online seeking comment. Fair Oaks Church has a news release on its Web site that is nearly identical to the Roseville church's release. Here is the text of the Fair Oaks Church release: "After the Sacramento Presbytery voted on December 4 to dismiss Fair Oaks, with property, to the Evangelical Presbyterian Church (EPC), the road was cleared for the transition to take place on January 1, 2008. "On Christmas Eve, at 3:30 p.m., our legal counsel was notified that the senior pastor, two associates, and the session of Westminster Presbyterian Church of Sacramento filed a complaint with the Synod of the Pacific asking it to stay the action of the Presbytery. The Synod agreed to stay the action and to hear the matter. "The result is that the settlement agreed upon by the negotiating teams and affirmed by the Presbytery is delayed. Our journey to the EPC is not yet complete. "Where things stand now: In October, the congregation of FOPC voted overwhelmingly to ask the Presbytery to dismiss it, with property, to the EPC. Next, teams from FOPC and the Presbytery negotiated a settlement agreement that included a gift to the Presbytery in the amount of $250,000 ($180,000 if paid by June 2008). In December, the Presbytery voted overwhelmingly to accept the settlement agreement dismissing FOPC to the EPC, effective January 1. Since then, the FOPC congregation has raised $180,000 and has the money on hand. "What happens next: Our legal counsel and church leadership are actively reviewing options. Because of the action by the Synod, the legal process in the civil courts regarding our property continues and is being appropriately pursued. We would ask for your prayers as we navigate through some potential bumps in the road over the course of the next few weeks. Watch this space in the coming days for additional details as they become available. Above all, let's be asking the Lord to show us where He is leading and what He has in mind to teach us and help us grow through this latest challenge. What a privilege to serve a sovereign God who has all of these things in His hands!" "The presbytery officials are as frustrated and upset by what has transpired as the churches are," said Bill Cole, an elder and spokesman for Fair Oaks Church. "A single church has taken control of the presbytery process." The Fair Oaks and Roseville churches are working with the presbytery on a resolution, he said. "We are presently requesting a lift of the stay and are prepared to defend the presbytery's actions," Sally Hinchman, general presbyter for ministry for the Sacramento, Stockton and Nevada presbyteries, said in an e-mail to The Layman Online. Back to court Meanwhile, the churches' property ownership lawsuits against the presbytery are going forward in court again. A motion for a summary judgment, filed Oct. 30, 2007, by the Roseville church, is scheduled to be heard Jan. 22, said David W. Tyra, a Sacramento attorney representing the Fair Oaks and Roseville churches. The agreement that would have resolved both cases has been declared null and void since the Westminster Church complaint prevented Sacramento Presbytery from filing a quitclaim deed, he said. The presbytery filed a counter motion to the Roseville church's motion for a summary judgment within two weeks of that motion's Oct. 30 filing, Tyra said. The counter motion is scheduled to be heard Jan. 29, he said. No hearings are scheduled in the Fair Oaks Church lawsuit. A judge previously agreed to consolidate the Fair Oaks and Roseville cases, so any ruling in the Roseville case would apply to the Fair Oaks case, Tyra said. Patrick Jean is a staff writer for The Layman and The Layman Online. He can be reached at pjean@layman.org. |
|||
Respond to this article |
|||
| Home
· Archives
· The
Layman ·
PLC
Publications Presbyterian Lay Committee · Feedback · Links |
|||