Policy for the Dissolution of Pastoral Ties Responsibility Following Dissolution

Clerks Consultation April 11-14, 2016 Policy for the Dissolution of Pastoral Ties 2015 Susan Shaffer Associate Secretary Ministry and Church Vocations

Policy Overview approved by GA 1998 and 2015 legal counsel purpose: direction – presbytery dissolves tie and decides # months congregation must continue to support minister financially applies after decision to dissolve tie sets out terms of dissolution, including transition period: # months congregation provides transition allowance: same stipend and allowances “bridge” while minister searches for call or employment or fulfills presbytery requirements follows an income continuance model

Foundation Theological Basis: Guiding Principles: Church’s participation in Christ’s one ministry Relationships of responsibility and accountability 3-way covenant Guiding Principles: Commitment to love and justice Pastoral care Presbytery knowledgeable and competent Presbytery provides minister and congregation with appropriate information and support Fair, orderly, caring

When does the policy apply? Presbytery dissolves tie when minister has requested dissolution for reasons such as: another call study family care retire work outside church resign (long-term disability claim approved) term of call or appointment completed Presbytery dissolves tie when minister has not requested dissolution: Category 1: pastoral relationship (review of ministry) Category 2: $$$ Category 3: term appointment(s), continuous service of 3 or more years Category 4: serious offence NO YES

More “NO” and “YES” Contexts Term appointment, minister has not asked to leave congregation, but less than 3 years continuous service : Assistant Minister, term completed Stated Supply Minister, term completed Interim Minister, 2-year term completed Interim Minister, term of less than maximum 2 years completed Early termination clause used before end of term (Stated Supply or Interim Minister) Presbytery treats as Category 1 (pastoral relationship not viable) but no review of ministry because session refuses: session and minister say pastoral relationship not viable; presbytery dissolves tie on that grounds session and minister say pastoral relationship not viable; presbytery accepts minister’s resignation in that context More “NO” Contexts More “YES” Contexts

Context matters! Categories are context-dependent. What is the context in which the presbytery has decided to dissolve the pastoral tie? Category 4 (serious offence): minimal requirements Therefore discipline first: All disciplinary processes must be completed before presbytery decides which category applies.

Who? Policy applies to: “Minister” refers to: ministers serving in congregations (call and induction or presbytery appointment) ministers serving as executive staff of presbyteries, synods or General Assembly agencies “Minister” refers to: ordained Word and Sacraments Order of Diaconal Ministries lay missionary appointed by presbytery

Matters to be addressed providing pastoral care seeking legal advice setting terms of dissolution preparing settlement agreement informing minister of decisions of presbytery informing session of decisions of presbytery and securing session acceptance of settlement agreement securing acceptance of settlement agreement by minister  

Terms of Dissolution dates: return church property, vacate church premises (office, manse) unused annual vacation entitlement proposed plans for con ed funds transition period schedule for repayment of housing loan restrictions on minister’s certificate presbytery support plans for minister

Transition Allowance Transition Period congregation provides same stipend and allowances: stipend manse or housing allowance travel if part of stipend group benefits plan pensionable service increments possibly 50% con ed funds new employment income may reduce transition allowance: above 10% of transition allowance always room for grace 1 month per year in congregation 4 – 12 months: 0-4 years: 4 months 5-12 years: 5-12 months 12+ years: 12 months new employment income may shorten transition period: 100% of transition allowance congregation provides transition allowance for 2 months: minister does not sign new employment income replaces transition allowance before end of month 2 always room for grace How much? How long?

Resources APPENDIX A: Preventative Measures APPENDIX B: Appeals APPENDIX C: Bibliography  APPENDIX D: Sample Settlement Agreement

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