By James Rimmel
Moderator, 10th EPC General Assembly
The EPC Constitution recognizes nine rights reserved to the local church. These rights have been part of our EPC constitution from the very beginning, as the founders sought to avoid the problems and abuses experienced in other denominations.
One of the rights of local congregations is the right to seek dismissal. The relevant provision is found in G.6-7, which reads:
“The local church has the right to withdraw from the Evangelical Presbyterian Church with its property following the process described in G.5-10 and in accordance with applicable constitutional and civil law.”
This right to seek dismissal differs dramatically from the PC(USA), in which the denomination has an ecclesiastical claim on all church property. As a result, many congregations seeking dismissal were forced to pay an exit fee — amounting to thousands or even millions of dollars — in order to leave with their property. In some cases, dismissals were contested by the PC(USA), resulting in civil lawsuits.
By contrast, the EPC makes no denominational claim on church property. Congregations seeking dismissal from the EPC face a simple and straightforward process, outlined in the Book of Order G.5-10and captioned, “The dismissal of a local church to another body or to independence.” The phrase, “another body,” is not limited to bodies with which the EPC has fraternal relations but should be read as “another Christian church body.”
When a local church is seeking dismissal, it is the duty of the Session to advise the Presbytery of the church’s “desire to be dismissed.” The Session is not required to provide any reason or rationale for seeking dismissal to the Presbytery, but simply to notify the Presbytery.
Once notified, the Presbytery is to “take no action to dismiss, dissolve, or divide the local church and its elders until all proceedings … are fully completed.” This proviso is intended to allow the local church to proceed through the withdrawal process without untoward Presbytery interference or intervention.
Presbytery can, however, seek “reasonable means of access to the Session or church members to present its position.” Typically, Presbytery access to church members occurs during one or both of the two congregational meetings that are required by the withdrawal process.
Although the Presbytery is prevented from taking action during the dismissal process, there are exceptions. Paragraph A of G.5-10 provides that the withdrawal process does not “prohibit the presbytery from taking action under the book of discipline on matters unrelated to the dismissal.” In other words, Teaching Elders are expected to fulfill the terms of their call and responsibilities under the EPC Constitution during the dismissal process and do nothing that might require church discipline.
At the first of two duly called meetings of the congregation (with at least two Sundays’ notice), representatives from the Presbytery are present and have privilege of the floor. Paragraph B of G.5-10 provides that “the motion to request dismissal shall be put, [properly seconded] and discussed.” No vote is to be taken at this first congregational meeting; instead, the meeting is to be recessed “for no less than three months and no more than six months, to a date determined at the [initial] meeting.” The primary purpose of the initial meeting is for the Session to place a withdrawal motion before the congregation, along with the rationale for seeking dismissal.
At the second congregational meeting, “the congregation shall reconvene, with representatives from the Presbytery present and having privilege of the floor, and the request to dismiss shall again be put to the congregation and the floor opened for debate” (Paragraph C of G.5-10). While a motion to table for a definite period at the initial meeting would appear to be simpler, G.5-10 requires a motion to be made and seconded at the reconvened meeting.
Once made and seconded, the request motion is open for discussion and vote. The vote is to be by written ballot, with a two-thirds majority required for passage. If the motion passes, G.5-10C succinctly states that “the Presbytery shall dismiss the congregation as requested with all of its property and assets.”
Finally, paragraph C of G.5-10 provides a procedure for local church members who do not wish to leave the EPC to request Presbytery to help them find “other [nearby] congregations of the Evangelical Presbyterian Church.”
Should the motion requesting dismissal fail, paragraph D of G.5-10 provides that “the process of dismissal (G.5-10) may not be repeated until at least 12 months have elapsed following the vote.”
As a final recordkeeping measure, each active member should be required to sign a membership roster before receiving a written ballot at the second, reconvened congregational meeting. Each local church requesting dismissal from the EPC should also consider obtaining local counsel regarding compliance with any nonprofit incorporation requirements arising from dismissal.
Leave a Comment