Summons: in the Case of Attorney General V. Church Trustees (How Trustees Actually Contribute to Church Lawsuits) Part 2 of 2

By Allison A. Robinson

Summons: In the Case of Attorney General v. Church Trustees

(How Trustees Actually Contribute to Church Crimes)

This Book Contains:

The essentials to church bylaws,

The legal defi nition & function of church trustees,

How to get lOO% participation of church members,

The Job Description of the pastor,

The legal way to dismiss a member,

The 10 most common church lawsuits, and

much, much more!

Prior to the sex-abuse scandal of the Catholic Church in the U.S., a lawsuit

against a church was almost unheard of. Now they are one of the fastest growing

areas of civil and personal lawsuits. Although no church is immune to accusations,

there are many reasonable and practical ways to reduce the possibilities. This book

deals primarily with church bylaws, which are incredibly insuffi cient and provide

no meaningful protection from disgruntled members or even injured visitors.

With properly prepared bylaws, church trustees no longer need to cover-up crimes

of the church, but can actually avoid most of them. This book tells how.

• Language: English
• Publisher: Xlibris US
• Release date: Feb 28, 2014
• ISBN: 9781493167944

Allison A. Robinson

Al Robinson, M.D. is a specialist in Internal Medicine. He graduated from Case Western Reserve University School of Medicine and trained at Cleveland Clinic. He has practice medicine for 25 years. He is also a member of Second Baptist Church in Elyria, Ohio and contributes diligently to its Bylaws Committee. His other publications include Personal Injury Medicine: How Doctors Make Lawyers Rich! and Personal Injury Medicine: How to Impeach Medical Testimony.

Book preview

SUMMONS:

In the Case of

Attorney General

v.

Church Trustees

(How Trustees Actually Contribute to Church Lawsuits)

Volume 2 of 2

A prudent man sees danger and takes refuge, but the simple keep going and suffer for it.

Proverbs 22:3

ALLISON A. ROBINSON, M.D.

Copyright © 2014 by ALLISON A. ROBINSON, M.D.

Library of Congress Control Number:      2014901927

ISBN:      Hardcover      978-1-4931-6795-1

                 Softcover      978-1-4931-6796-8

                eBook            978-1-4931-6794-4

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

This publication is designed to provide accurate and authoritative information in regards to the subject matter covered. It is sold with the understanding that the publisher and author are not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

From a Declaration of Principles jointly adopted by a

Committee of the American Bar Association and a

Committee of Publishers.

The author and the publisher wish to make it known that the information expressed is the opinion of the author and not necessarily the final word on a given subject. Because of possible unanticipated changes in governing statutes and case law related to the application of any information contained in this publication, the author and publisher disclaim all responsibility for the legal effects or consequences of any action taken in reliance upon information contained in this publication and cannot be liable for any loss as a result of the application, directly or indirectly, of any information contained in this publication. Although every effort has been taken in the preparation of this publication, the publisher and author assume no responsibility for errors or omissions.

Scripture quotations are from the King James Version of the Holy Bible, by Thomas Nelson, Inc., published by Regency Publishing House, Nashville, Tennessee (1976), unless otherwise indicated

Rev. date: 02/19/2014

To order additional copies of this book, contact:

Xlibris Corporation

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Table of Contents

Preface

Chapter 17 Church Discipline & Trustee Liability

Chapter 18 Article XI: Disputes

Chapter 19 Resolving Conflict

Chapter 20 Article VII: Leadership

Administration

Church Secretary

Treasurer

Clerk

Financial Secretary

Moderator

The Trustee

The Office of the Deacon

The Deaconness

Church Council

Deacon Council

Deaconess Council

Board of Trustees

Board of Christian Education

Chapter 21 Article VIII: The Minister

Chapter 22 The Myth of The Office of the Pastor (and Why Trustees Should Care)

Chapter 23 Trustees—Pastor Relationship

Chapter 24 The Pastor-Church Covenant: The MOST unholy of Documents

Chapter 25 Clergy Malpractice

Chapter 26 How to Fire the Pastor and SURVIVE!

Chapter 27 Article X: Standing Committees & Ministries

Chapter 28 Article XII: Bonding & Indemnification

Chapter 29 Article XIII: Amendment Procedures

Chapter 30 Article XIV: Other Provisions

Chapter 31 Article XV: Dissolution

Chapter 32 Conclusion: Creating the Safe AND Secure Church

Appendix: Sample Bylaws: Second Baptist Church

Article VII: Leadership & Administration

Article VIII: The Vocational Minister

Article IX: Boards and Councils

Article X: Standing Committees & Ministries

Article XI: Disputes & Discipline

Article XII: Bonding & Indemnification

Article XIII: Amendment Procedures

Article XIV: Other Provisions

Article XV: Dissolution

Preface

Volume 1 of Summons: In the Case of the Attorney General v. Church Trustees dealt mainly with the bylaws regarding Church organization, membership, and meetings. For the most part, this was pretty tame talk. Volume 2 focuses on Discipline and Leadership. Now it gets rather nasty. Apparently church folk do not like to discuss discipline, much less legislate it.

I found that the topic of discipline was probably the most polarizing issue of all the Bylaws. The mere suggestion of rules regarding conduct and behavior left most Committee members silent as if they were forbidden subjects. The notion of discouraging tobacco use, weekend drinking, and overeating were soundly rejected as being individual preferences and outside the realm of faith. The incorporation of Matthew 18 into one’s life was too invasive and therefore impractical. The idea of a Discipline Committee brought the most consternation. Who would serve on such a committee? Thou shall not judge, they all said unison.

The attempt to more properly define the various duties, responsibilities, and obligations of the church leaders was not as painful, until we discussed the Pastor. This was sacred territory and NO ONE had the right to tell the Pastor what, when, and how to do anything because he was God-sent! The mere audacity of outlining his job description was like pulling teeth. This explains why I had to spend SIX chapters on the ministry, from Clergy Malpractice to The Mythical Office of Pastor to How to Fire the Pastor and Survive. I guess this subject was the last straw that broke the camel’s back. Several Bylaws Committee members quit.

With this background, I present to you Volume 2: Summons: State Attorney General v. Church Trustees. It has been a journey in my attempt to encourage stronger Bylaws. They build greater churches and greater faith. I am thankful to all those with opinions, but I am most thankful to all those with their honesty. I hope that my experience, as outlined in this book, will lead other churches in a direction that is always pointing to the Will of God.

Chapter 17

Church Discipline

&

Trustee Liability

Church Discipline & Trustee Liability

When the church moves to preserve its purity through church discipline, it risks legal repercussions. Lawsuits for defamation or intentional infliction of emotional distress, for publicly exposing their sins against Christ are common. And such legal battles are not restricted to the church. One Christian was successfully sued for witnessing at work. He was found guilty of creating a hostile work environment by religious harassment.

Generally courts avoid church discipline cases due to First Amendment privilege. However, in recent years the courts are more active in limiting the right of churches to discipline members. The courts are more likely to intervene in three instances:

1.   when church discipline is deliberately malicious in an effort to ruin a member financially, politically, or psychologically,

2.   when church discipline extends to non-members of the church, and

3.   when church discipline is not consistent with church bylaws.

Breach of Fiduciary Duty

In the case of Dausch v. Ryske, a church member claimed that the pastor seduced her during a counseling session. She sued the pastor and the church, claiming that they breached their fiduciary duty to her. The courts dismissed the case stating that it was actually a clergy malpractice suit in disguise. They felt that it was impossible to clearly define the fiduciary duty of the pastor without discussing religious doctrine.

The New Jersey Supreme Court disagreed. It stated that when there is sexual misconduct on the part of the pastor, a claim of breach of fiduciary duty did not need a standard of care. It said that the civil consequences were the same for all offenders, religious or not. Therefore, breach of fiduciary duty is a SECULAR claim, not a clergy malpractice claim.

This most recent position of the courts has opened the way for future claims against the pastor AND the church trustees.

Deliberately Malicious

Seeking membership to a church is a voluntary act. This implies the acceptance of any and all rules of the religion as interpreted by its leaders.

When churches discipline members, and the members believe that the punishment is excessive, they may sue the church trustees for damages. Generally the courts do not get involved. Their opinion is that when a person volunteers to be a part of a group, and that person later disagrees with that group, then he/she should QUIT the group, not sue.

The best case was Snyder v. Evangelical Orthodox Church. A member sued the church for false imprisonment when he was isolated for one week by church leaders in order to repent for his sins. The California court dismissed the case because church doctrine was at the core of the argument. It had no jurisdiction in religious matters.

This attitude also applied to the more extreme cases of indoctrination and brainwashing as with the Unification Church. Such religious matters are immune from legal scrutiny.

Discipline of Non-members

Although a church has a right to discipline any member as it sees fit, this right ceases if the member quits or is expelled from membership. The church no longer has any authority based upon its covenant or bylaws. The best example was Guinn v. Church of Christ in Oklahoma. A member withdrew her membership from the church. However, the church leaders continued to discuss her actions before the church AFTER she had been officially removed from the membership roll. She sued the church leaders for INVASION OF PRIVACY and DEFORMATION OF CHARCTER. The court stated that the church is not immune from prosecution or protected by the First Amendment when it attacks non-members.

The Need for Discipline

There are some church members who will resist Church Discipline. This is out of ignorance or self-righteousness. But these are the same members who resist monetary giving, Bible studies, missions services, witnessing, church visitation, and Sunday School. However, the New Testament Baptist Church would not advance if it waited for 100% acceptance and participation.

Many Churches ignore sin and have no method of dealing with sin, even when it is blatant. The Church must teach that sin is against God. Sin brings public reproach on Christ. Sin mocks the crucifixion of Christ. The Church must repent for its past shortcomings in the area of Church Discipline and set out to teach and practice the WHOLE gospel of God. Anything less than that is unscriptural. 2Thessalonians 3:6 is quite clear in this matter:

"Now we command you, brethren,

in the name of our Lord Jesus Christ,

that ye withdraw yourselves from every brother that walketh disorderly,

and not after the tradition which he received of us"

Our first reason to exercise Church Discipline is TO PLEASE OUR LORD JESUS CHRIST. It is written that Christ shall return. He shall seek the church that is spotless and without a wrinkle. In order to do so, church leaders must SEPARATE themselves AND the church from the lost world. Church Discipline allows this to happen. Revelation 3:19 teaches

As many as I love, rebuke and chasten:

be zealous therefore, and repent

When the Church neglects the Word of God and its teachings concerning Church Discipline, it is an open defiance against the authority of God. It is pure rebellion. On the contrary, the Church should submit to His authority.

The second reason to exercise Church Discipline is TO SHOW LOVE FOR OUR BRETHREN. Corinthians teaches that of the three: faith, hope, and charity (love), it is love that is the greatest. But, what is love without discipline? Can a parent truly love his child if he allows the child to say and do anything he wishes? An act of love also includes correction. This is also true with Church Discipline. Some members are immature, rebellious, or self-righteous. These are not virtues! They must be met with love, but also with admonition because they dishonor the Grace of God. If the Church does not confront this unholy behavior, who will? In fact, all church members should SEEK discipline. It begins on the personal level, where the believer holds himself accountable to matters that no one else knows, such as daily prayer, tithing, witnessing, Bible study, and visiting the sick and shut-in. It extends to Corrective Church Discipline which involves learning and following Baptist doctrine and the Church Covenant. It concludes with Punitive Discipline. This is not a short-cut to kicking him out of church. On the contrary, it teaches believers how to follow a Godly manner of confrontation and admonition of a fellow Christian who has strayed from the faith.

The third reason to exercise Church Discipline is TO RESTORE A FALLEN BRETHREN. The Church is an example for the world. It offers a righteous and holy environment for spiritual and emotional development. Its goal is to evangelize to those who do not know Christ, and to restore those who have fallen from grace. Truly every fallen Christian wants to be redeemed if he is serious about the blood shed on Calgary, as well as his own salvation. In addition, when a church member is disfellowshipped, which is the last resort of Church Discipline, he must eventually reconcile himself to the teachings in Matthew 18:18,

"Verily I say unto you,

Whatsoever ye shall bind on earth

shall be bound in heaven:

And whatsoever ye shall loose on earth

shall be loosed in heaven."

In other words, if the saints of the church cannot tolerate the company of someone because of his selfish, heathen, irresponsible, filth, why would God accept him in Heaven?

The Church has a responsibility to each and every one of its members because when one member sins, then the whole church is guilty. This is the unleavened bread to which the scripture refers. The wayward church member is the unleavened bread that creates the lump for the rest of the bread. Now all the bread is unworthy.

The fourth reason to exercise Church Discipline is TO GIVE A BETTER TESTIMONY TO A LOST WORLD. Even non-believers closely monitor the behavior of Christians. When they see alcohol abuse, whoremongering, public corruption, and foul language among those who claim Jesus as their personal Savior, they are disenchanted. They have no motive to join the Church. However, the Church should be an example to the world. It should always represent the truth and the way. Anytime there is controversy, the Church should be first to step forward and reflect the Way of Christ. When the Church is first to aid the homeless and the sick, the world takes notice. When the Church offers its opinion in business, civic, medical, and legal matters, the world takes notice. This is tremendous testimony, and it provides enlightenment and direction to those without a plan for their lives. Church discipline allows the Church to maintain its dignity. Yes, there are those in the Church that fall short of God’s grace, and they are corrected because they are loved. That is the restorative process at work, and it is great testimony to the fallen world that the Church is alive and well.

Constructive Discipline

The term discipline means to teach or prepare. The New Testament church should equip its members to live a life for Christ, not for themselves. Too many church members are saved, but their lives are not lead by the Word of God. Many do not know the Word of God. They have not been properly trained in the Word. This is like a soldier who does not know how to march, pitch a tent, or survive in the wilderness. The church is obligated to train its members how to serve Christ. The church is that armory with soldiers properly instructed, trained, and disciplined to fulfill the mission of Christ. What is that mission? Matthew 28:19-20 teaches

Go ye therefore, and teach all nations,

baptizing them in the name of the Father,

and of the Son, and of the Holy Ghost:

Teaching them to observe all things

whatsoever I have commanded you:

and, lo, I am with you always,

even unto the end of the world. Amen.

It is not the intent of Christ that His church act as a nursery, restaurant, bakery, bookstore, or a game center. It is a boot camp for Christian soldiers. Any church member, or church leader, who resists training and discipline is not willing to walk in obedience to the faith. Such a member is merely interested in a casual, non-committal, perhaps even an intellectual acquaintance with Christ. However, James 1:22 teaches:

But be ye doers of the word,

and not hearers only,

deceiving your own selves.

Jude 20, 21 teaches:

But ye, beloved,

building up yourselves in your most holy faith,

praying in the Holy Ghost,

Keep yourselves in the love of God,

looking for the mercy of our Lord Jesus Christ unto eternal life.

Another extremely important aspect of Constructive Church Discipline starts at the front door of the church. Faithful members MUST show care regarding the reception of new members into the church. Acts 2:47 says that the Lord added daily to the church those that were saved, or in other words, those who had accepted Christ AND had also repented. An unsaved person has no more business being a church member than a fox being a member of a chicken coop.

Every church should have clear bylaws on how to establish membership. That process should allow each candidate for membership to explain his/her personal relationship with Christ. When did this first occur? What were the circumstances? And what about repentance? For what? Why? Every saved member cannot be a great preacher or teacher, but he/she can offer a testimony. That is the witness that God seeks in His faithful believers. Any alleged believer who cannot witness for Christ, cannot be in the Body of Christ.

Once a witness is accepted as a member, he/she needs to be trained and disciplined. This starts with:

1.   baptism

2.   New Members Class (privileges, rights, responsibilities)

3.   Christian doctrine

4.   the Covenant

Many churches never explain that the purpose of church membership is for the good of the member, good of the church, and the glory of Christ. This is explained in the Church Covenant, a document that is often hidden from new members. There is indeed a covenant that will teach a church member how to live, how to improve the Church, and how to glorify the Christ. Church leaders must clearly explain that the church does NOT offer salvation.

Only Christ can offer salvation.

Many churches have so devalued the Church Covenant for new members that it does not even provide a special induction ceremony. As a result, it has no lasting role or interest in the life of the new member. In addition, he/she fails to realize that the Church Covenant is the first source of discipline, Constructive Discipline, associated with church membership. The covenant disciplines its members on how to manage time, money, talents, family, children, prayers, labor, relationships, speech and stress. Once the Church Covenant is understood and accepted, then other organizations like lodges, clubs, and societies take a back seat in significance. Church life becomes a vital part in the life of each member. This will occur only when church members are properly taught and disciplined according to the teachings of Christ.

Amend bylaws to address specific areas of discipline

The Church should be the friendliest, most welcoming, and most sincere body in the community, but it is NOT a social club! Most Church bylaws include the process of gaining membership, but rarely do they include guidelines or discipline required to maintain membership. There should be clear instructions as to how to lose membership. Here is an example:

Section 10: Qualifications for Loss of Membership

1.   Sexual Immorality (I Cor 5:11)—fornication and adultery

2.   Covetous—excessive materialism and/or the advocating and promoting materialism

3.   Idolatry—adherence to contemporary false religious systems such as the occult, mysticism, or pantheistic systems.

4.   Reviling—slander

5.   Drunkard—habitual substance abuse

6.   Swindling—cheating in business, borrowing without repayment, and all other kinds of stealing.

7.   Unruly life (II Thes 3:6)—refusal to work or go to school despite the clear ability and opportunity to do so.

8.   Division of the local church (Titus 3:10-11)—rebellion, collecting followers in opposition to the established leadership

9.   False teaching (I Tim 1:20)—distortion of a central area of doctrine

10.   Social Violence—repeated domestic violence, rape, assault, child abuse, abortion, premeditated murder

11.   Chronic sexual misconduct—homosexuality, bestiality, exhibitionism, prostitution

12.   Refusal to meet with the GRIEVANCE & DISPUTE COMMITTEE or church to discuss an offense (Mat.18:17)

13.   Flagrantly disruptive, threatening, and physically dangerous enough to cause a risk to the membership

Some churches have had a very ugly history of being unwelcoming to certain people. Their positions have been reflective of social norms and prejudice and totally contrary to the teachings of Christ. For many years it was the Church that publicly resisted racial integration, interracial marriages, and women in the pulpit. At the same time these same churches totally ignored gambling associated with horse-racing or the lottery, extra-marital affairs, and alcoholism, just to name a few. But can a homosexual be denied membership to the church? How about a registered sex-offender? A drug addict? An owner of a bar or strip club? Is the church a social club or a rescue center? Is it tossing out a life-preserver to the drowning victim, or is it fleeing the scene of the crime? The Church has a responsibility to clearly define itself and confront this matter. The bylaws are the perfect place to start. Here is an example:

Section 11: Non-qualifications for Loss of Membership

1.   Marriage with non-Christians

2.   Interracial dating or marriage

3.   Disobedience to church authority

4.   Disagreement with, or criticism of, church authority

5.   Any sin before conversion

6.   sins of omission

Section 12: Criteria for Reinstatement of Membership

1.   Sufficient punishment (sorrow), or

2.   Successful termination of the offense, or

3.   Sufficient restitution for material loss.

In order to be restored to fellowship, the offending member must show adequate evidence of repentance, receive unanimous vote of the church members, and present a RESTORATION PLAN.

How Trustees Can Decrease their Legal Exposure

Of course the path of least resistance is to avoid the discussion of Church Discipline. Many churches behave in this manner. In fact, most churches never disfellowship members. The only violation that might lead to excommunication is long-term failure to attend worship & praise service. As a result, many churches are compromised by continuous and brazen acts of sin by its members.

The church cannot escape addressing sin and church Discipline because discipline is an important part of Christian life.

Hebrews 12:6-7 teaches that God disciplines His children,

For who the Lord loveth he chasteneth,

and scourgeth every son whom he receiveth.

If ye endure chastening, God dealeth with you as with sons;

for what son is he who the father chasteneth not?

1Corinthians 9:24-27 teaches that we should discipline our lives,

Know ye not that they which run a race run all,

but one receiveth the prize? So run that ye may obtain.

And every man that striveth for the mastery is temperate in all things.

Now they do it to obtain a corruptible crown;

but we are incorruptible.

I therefore so run, not as uncertainly;

so fight I, not as one that beateth the air;

But I keep under my body, and bring it into subjection;

lest that by any means, when I have preached to others,

I myself should be a castaway.

1Timothy 3:4-5 teaches that church leaders should be examples of Discipline,

One that ruleth well his own house,

having his children in subjection with all gravity;

(For if a man know not how to rule his own house,

how shall he take care of the church of God?)

Galatians 6:1 teaches that church members should know their role in Discipline,

Brethren, if a man be overtaken in a fault,

ye which are spiritual,

restore such an one in the spirit of meekness;

considering thyself, lest thou also be tempted.

Bear ye one another’s burdens,

and so fulfil the law of Christ.

1 Corinthians 5:9-13 teaches that members should address any hint of scandal within the church,

I wrote to you in an epistle not to company with fornicators;

Yet not altogether with the fornicators of this world,

or with the covetous, or extortioners, or with idolators;

for then must ye needs go out of the world.

But now I have written unto you not to keep company

if any man that is called a brother be a fornicator,

or covetous, or an idolator, or a railer,

or a drunkard, or an extortioner;

with such an one no not to eat.

For what have I to do to judge them also that are without?

Do not ye judge them that are within?

But them that are without God judgeth.

Therefore put away from among yourselves

that wicked person.

The Church must be clear on its position on sin. His church was established to rid the world of sin. If it was not for sin, then there would be no prophets and no scripture. If it was not for sin, then there would be no Christ.

Each candidate for membership of the church must be informed, educated, and trained for a sin-free life. It starts with signed the INFORMED CONSENT during NEW MEMBERS CLASS. This is where candidates for membership are taught church duties and responsibilities. This is where the church reveals its concerns and expectations. This is where the candidate for membership discovers Church Discipline.

Chapter 18

Article XI:

Disputes

Article XI: Disputes

Stealing money from the church is a common event. Most churches hide it from its members. Here is what happened at Christ the King in North Olmsted, Ohio. Lionel Crell was a trusted member who counted the money from the collection baskets each Sunday. However, for seven years he skimmed off $300 for himself. He was charged with stealing more than $110,000 of the church’s money over 6 years.

Church Aid Gets Prison

Plain Dealer, Cleveland, Ohio, Oct. 26, 2006— . . . Church officials videotaped Crell stuffing cash into his jacket pocket on three Sundays. They turned over the case to North Olmsted police . . . Officials from the nondenominational church on Lorain Road appeared in court to witness the sentencing. They were torn by the outcome . . .

What is wrong with this article? It is obvious that Christ the King Church had a problem. After obtaining the necessary evidence, the church officials turned to the criminal court system. Could they have handled this matter internally? Could this church crime have been handled differently? Could it have served as a testimony to confession, repentance, forgiveness, atonement, and reconciliation? Could this have been a model case for restorative justice?

Actually 1 Corrinthian 6:1-3 addresses this concern quite nicely:

Dare any