Sunnyside UMC seeks to override trust clause
BY MELISSA LAUBER
UMCONNECTION STAFF
A United Methodist congregation in Frederick County, seeking to take the church building and other property with it when it left the denomination, has sought the assistance of a handful of state lawmakers, who are now
proposing to overturn a legally-binding trust clause.
Sen. Alex Mooney (R) from Frederick County, recently introduced legislation that would negate the
denomination’s and state’s trust clauses for Sunnyside, dismantling, in this instance, a principle at the heart of the United Methodist connectional system.
The Baltimore-Washington Conference opposes such a move. “The trust clause links local churches together in a connectional network called ‘The United Methodist Church.’ It ensures that, within a community, the denomination is never compromised by one dissatisfied congregation. It strengthens the church and enables us all to be faithful to our mission to make disciples for the transformation of the world,” said Bishop John Schol, episcopal leader of the Baltimore-Washington Conference.
Held in trust for future generations
According to church law, all United Methodist properties are held “in trust” for the denomination by the local church. The local church never “owns” these properties.
The Trust Clause was designed to ensure the core values of the United Methodist connectional system were held “in trust” for future generations and that a congregation couldn’t adopt practices that were incompatible with the denomination by, for example,
denying women or ethnic minorities the ability to be pastors in that church by leaving the denomination and taking the building with them.
The Trust Clause, found in paragraph 2501 of the 2008 Book of Discipline, was created by Methodism’s founder, John Wesley, in the 1700s to ensure that Methodist properties “cannot be alienated from their original intent and are not subject to the theological or ecclesiastical fancies of local leadership.” It has been upheld in courts throughout the United States for more than 200 years.
The state of Maryland recognizes this unique relationship between the denomination and its local churches in legislation from the 1970s that states that “all assets owned by any Methodist Church … shall be held by the trustees of the church for The United Methodist Church.”
Sunnyside leaves UM Church
The Baltimore-Washington Conference has been working to reconcile with the Sunnyside congregation since October 2008, when it learned that the church wanted to secede from the denomination.
According to the Rev. Terri Rae Chattin, superintendent of the Frederick District, at that time conference leaders were notified that the church’s pastor, Kenneth Mitchell, withdrew his candidacy for ministry and membership from The United Methodist Church.
An interim pastor, the Rev. Burton Mack, was appointed, but the congregation did not allow him to preach on Sundays. Mitchell continued to lead worship.
In several discussions with
leaders from the congregation, Chattin, members of the Extended Cabinet, and other conference leaders listened to and addressed concerns and attempted to allay fears that the church was
slotted to be closed. “That was never our intention,” Chattin said.
Bishop Schol’s invitations to meet and attempt to settle the dispute were also rebuffed by the congregation.
On Nov. 18, 2009, attorneys representing the conference and Sunnyside met before a judge, who ordered that both sides meet with a mediator. These talks failed to produce a solution.
In instances like these, the United Methodist Book of Discipline and Maryland State law have a clear protocol and the trust clause was invoked.
Upholding the Discipline, Bishop Schol
informed the Sunnyside congregation, through a letter from the conference chancellor’s office on Jan. 8, 2009, that because the congregation had left The United Methodist Church, it no longer served the intention for which it was incorporated, and he consented “to having the Conference Board of Trustees assume possession and control of all Sunnyside’s property, real and personal, tangible and intangible property.”
To prevent the congregation, which has organized as an independent community church, from taking the United Methodist property with them, the Baltimore-Washington Conference named Sunnyside as defendants in a lawsuit, slated to begin Oct. 19.
In response to this move, Sen. Alex Mooney (R) who represents the area of Frederick County where the church is located, introduced Senate Bill 1091 on March 4. The Frederick County Delegation introduced House Bill 1554 on March 15. These proposed bills would negate the Trust Clause specifically (and only) for the former
Sunnyside congregation.
An official synopsis of the proposed legislation states: “Providing that any local church in
Frederick County that is or formerly was affiliated with the Sunnyside United Methodist Church and that withdraws from the United Methodist Conference, specified provisions of law do not prevent the local church from retaining title to any assets controlled by the local church.”
Several members of the conference staff,
testified before members of the state legislature at hearings on the bills.
In his testimony, the Rev. Evan Young, assistant to Bishop Schol, spoke about the conference’s desire to seek reconciliation and to address the concerns of the congregation and the substantial assistance the conference has offered Sunyside in the past.
Young also translated the trust clause into more secular language, stating that “Like most organizations and businesses, a ‘franchise’ cannot walk away form the parent company and take assets. ... Our desire is to continue to practice our understanding of ministry and live out our vision of what it means to be the church,” he said.
Seeking to preserve ministry and mission,
Sunnyside UMC, located in Buckeystown, is an historic African-American congregation that averaged 25 people in worship on Sundays.
In the Frederick County secular press, the struggle between the conference and Sunnyside has sometimes been characterized as a battle between David and Goliath figures, in which the conference sought to close the small family church.
In fact, Chattin said, just the opposite is true. When Chattin became a superintendent in 2005, the church was on a four-point charge, meeting only once a month at the Sunnyside location.
She worked with the congregation and since July 2006 they have been able to meet in their own church every single Sunday with their own pastor, Chattin said.
Today she continues to pray for the congregation. “It’s never too late to turn things around,” said Chattin, who is hopeful that the mission and ministry of The United Methodist Church continues to be strong in that portion of Frederick County.
“The Baltimore-Washington Conference would like to find an amicable solution to this situation before it goes to litigation,” Bishop Schol said. “It is our ultimate hope that Sunnyside returns in good standing to the United Methodist family. This is what we have prayed for all along.”
UMCONNECTION STAFF
A United Methodist congregation in Frederick County, seeking to take the church building and other property with it when it left the denomination, has sought the assistance of a handful of state lawmakers, who are now
proposing to overturn a legally-binding trust clause.
Sen. Alex Mooney (R) from Frederick County, recently introduced legislation that would negate the
denomination’s and state’s trust clauses for Sunnyside, dismantling, in this instance, a principle at the heart of the United Methodist connectional system.
The Baltimore-Washington Conference opposes such a move. “The trust clause links local churches together in a connectional network called ‘The United Methodist Church.’ It ensures that, within a community, the denomination is never compromised by one dissatisfied congregation. It strengthens the church and enables us all to be faithful to our mission to make disciples for the transformation of the world,” said Bishop John Schol, episcopal leader of the Baltimore-Washington Conference.
Held in trust for future generations
According to church law, all United Methodist properties are held “in trust” for the denomination by the local church. The local church never “owns” these properties.
The Trust Clause was designed to ensure the core values of the United Methodist connectional system were held “in trust” for future generations and that a congregation couldn’t adopt practices that were incompatible with the denomination by, for example, denying women or ethnic minorities the ability to be pastors in that church by leaving the denomination and taking the building with them.
The Trust Clause, found in paragraph 2501 of the 2008 Book of Discipline, was created by Methodism’s founder, John Wesley, in the 1700s to ensure that Methodist properties “cannot be alienated from their original intent and are not subject to the theological or ecclesiastical fancies of local leadership.” It has been upheld in courts throughout the United States for more than 200 years.
The state of Maryland recognizes this unique relationship between the denomination and its local churches in legislation from the 1970s that states that “all assets owned by any Methodist Church … shall be held by the trustees of the church for The United Methodist Church.”
Sunnyside leaves UM Church
The Baltimore-Washington Conference has been working to reconcile with the Sunnyside congregation since October 2008, when it learned that the church wanted to secede from the denomination.
According to the Rev. Terri Rae Chattin, superintendent of the Frederick District, at that time conference leaders were notified that the church’s pastor, Kenneth Mitchell, withdrew his candidacy for ministry and membership from The United Methodist Church.
An interim pastor, the Rev. Burton Mack, was appointed, but the congregation did not allow him to preach on Sundays. Mitchell continued to lead worship.
In several discussions with
leaders from the congregation, Chattin, members of the Extended Cabinet, and other conference leaders listened to and addressed concerns and attempted to allay fears that the church was
slotted to be closed. “That was never our intention,” Chattin said.
Bishop Schol’s invitations to meet and attempt to settle the dispute were also rebuffed by the congregation.
On Nov. 18, 2009, attorneys representing the conference and Sunnyside met before a judge, who ordered that both sides meet with a mediator. These talks failed to produce a solution.
In instances like these, the United Methodist Book of Discipline and Maryland State law have a clear protocol and the trust clause was invoked.
Upholding the Discipline, Bishop Schol
informed the Sunnyside congregation, through a letter from the conference chancellor’s office on Jan. 8, 2009, that because the congregation had left The United Methodist Church, it no longer served the intention for which it was incorporated, and he consented “to having the Conference Board of Trustees assume possession and control of all Sunnyside’s property, real and personal, tangible and intangible property.”
To prevent the congregation, which has organized as an independent community church, from taking the United Methodist property with them, the Baltimore-Washington Conference named Sunnyside as defendants in a lawsuit, slated to begin Oct. 19.
In response to this move, Sen. Alex Mooney (R) who represents the area of Frederick County where the church is located, introduced Senate Bill 1091 on March 4. The Frederick County Delegation introduced House Bill 1554 on March 15. These proposed bills would negate the Trust Clause specifically (and only) for the former
Sunnyside congregation.
An official synopsis of the proposed legislation states: “Providing that any local church in
Frederick County that is or formerly was affiliated with the Sunnyside United Methodist Church and that withdraws from the United Methodist Conference, specified provisions of law do not prevent the local church from retaining title to any assets controlled by the local church.”
Several members of the conference staff,
testified before members of the state legislature at hearings on the bills.
In his testimony, the Rev. Evan Young, assistant to Bishop Schol, spoke about the conference’s desire to seek reconciliation and to address the concerns of the congregation and the substantial assistance the conference has offered Sunyside in the past.
Young also translated the trust clause into more secular language, stating that “Like most organizations and businesses, a ‘franchise’ cannot walk away form the parent company and take assets. ... Our desire is to continue to practice our understanding of ministry and live out our vision of what it means to be the church,” he said.
Seeking to preserve ministry and mission,
Sunnyside UMC, located in Buckeystown, is an historic African-American congregation that averaged 25 people in worship on Sundays.
In the Frederick County secular press, the struggle between the conference and Sunnyside has sometimes been characterized as a battle between David and Goliath figures, in which the conference sought to close the small family church.
In fact, Chattin said, just the opposite is true. When Chattin became a superintendent in 2005, the church was on a four-point charge, meeting only once a month at the Sunnyside location.
She worked with the congregation and since July 2006 they have been able to meet in their own church every single Sunday with their own pastor, Chattin said.
Today she continues to pray for the congregation. “It’s never too late to turn things around,” said Chattin, who is hopeful that the mission and ministry of The United Methodist Church continues to be strong in that portion of Frederick County.
“The Baltimore-Washington Conference would like to find an amicable solution to this situation before it goes to litigation,” Bishop Schol said. “It is our ultimate hope that Sunnyside returns in good standing to the United Methodist family. This is what we have prayed for all along.”
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