Wednesday, May 09, 2012

CME Judicial Council Declares
Missionary Council President 
Exempt from Automatic Retirement

JUDICIAL COUNCIL OPINION


Justice Lampkin delivered the Opinion for the Council.


                                                                      Jurisdiction

This matter comes before the Judicial Council by way of a petition for declaratory judgment from Bishop Lawrence L. Reddick III, presiding prelate of the First Episcopal District and Patron Bishop of the Women's Missionary Council of the Christian Methodist Episcopal Church.  The petition is submitted in accordance with paragraph 805.2, § § 1 and 2 which state:


§1. Members of the CME Church with a justiciable interest in the meaning and
application of a specific paragraph (s) or section of the Discipline may petition the Judicial Council for a declaratory decision.

§2. Petitions shall specify the paragraph, article and/or section of the Discipline
for which the decision is sought, be dated, signed by the petitioner(s), and forwarded to the President and Clerk of the Council.


Bishop Reddick, however, in both his oral and written presentations made it clear that while he is a bishop in the College of Bishops, he came before the Judicial Council as an individual.  He opined that he believed that the relevant statutes listed below were "open to more than one interpretation" and that he therefore sought clarity from the Judicial Council.


                                                        Issues Presented For Review

Bishop Reddick asks that the following paragraphs of The Book of Disciples, Revised 2010, that relate to the Office of President of the Women's Missionary Council be interpreted:


¶210. The General Conference shall elect General Officers, except the president of
the Women's Missionary Council, who shall be elected by the Quadrennial Assembly of the Women's Missionary Council.

¶1001.1. The General Officers of the Christian Methodist Episcopal Church shall
be: ...The President of the Women's Missionary Council.


¶1140, Article III, §8. The Women's Missionary Council shall elect its officers,
secretaries, and chairpersons at the Quadrennial Assembly by ballot.  The President of the Women's Missionary Council shall maintain the status of General Officer.

¶450, §2. Members of the Judicial Council, General Officers, Presiding Elders,
Pastors and all other of the clergy rank shall be automatically retired at the Conference of authority nearest their seventh-fourth (74th) birthday ...


Specifically, Bishop Reddick posed the following question in the petition submitted to the Judicial Council on June 27, 2011, and during his oral and initial written presentation on September 28, 2011: [W]hether paragraph 450, §2 means that a General Officer who is President of the Women's Missionary Council 'shall be automatically retired' at the General Conference nearest that persons 74th birthday, or whether the Quadrennial Assembly should be considered 'the Conference of authority' for retirement purposes." [Emphasis in original.]

In a revised written submission, dated October 13, 2011, Bishop Reddick rephrased his question, as follows: Is the President of the Women's Missionary Council, who is a General Officer, subject to or exempt from being "automatically retired at the Conference of Authority nearest [her] seventy-fourth [74th] birthday," as stated in paragraph 450, §2? [Emphasis in original.] As all of these questions were raised in this petition, our opinion will address all of the questions presented.


                                                                       RULING

In September, 2011, the Judicial Council held a public hearing on Bishop Reddick's petition.  Oral and written presentations were accepted from Bishop Reddick, Retired Bishop Othal H. Lakey, Women's Missionary Council President Mrs. Princess Pegues, Dr. Yvonne Kennedy, Dr. Velma Lois Jones and several other interested persons.  We have reviewed relevant portions of The Book of Discipline, Revised 2010, the Bylaws of the Women's Missionary Council (ratified by the 2006 General Conference) and have considered the oral presentations, the written submissions, and have looked to general rules of statutory construction to arrive at our holdings.

Bishop Reddick's position, in summary, is as follows.

Historically, the records of the CME Church confirms that the Women's Connectional Missionary Council was authorized by action of the 1918 General Conference and therefore the General Conference has final authority over the Council.  He further argues that in 1934, the General Conference adopted a constitution of the Women's Connectional Council.  Paragraph 258 §3 (b), relevant to his position, states, in part:


(b) The Council shall enact its own by-laws, make provisions for a
constitution and for by-laws for Conference and Missionary Circles, all of which shall be in harmony with the laws of the Colored Methodist Episcopal Church.  


Bishop Reddick argues that because the Women's Missionary Council is a creation of the General Conference and, in as much as the Constitutions and Bylaws were authorized subject to their being in harmony with all laws of the CME Church, these Constitutions and Bylaws of the Women's Missionary Council have been and always are in deference to the higher authority of The Book of Discipline.

We do not and cannot disagree with this interpretation of our law.  The Constitution of the CME Church provides for a General Conference, for the Episcopacy and for the judiciary.  It does not provide for General Officers.  Article 2 of the Constitution, however, provides that "[t]he General Conference shall have full powers to make rules and regulations for the church ***.  [Emphasis added.] 

Furthermore, the law of the church, as reflected in The Book of Discipline, is a result of the actions (full power) of the General Conference, the legislative or law making branch of government that has the authority to enact rules for the denomination.  As such, no one can contest the fact that the General Conference has the authority to enact legislation and to permit and/or authorize exceptions to any legislative action it chooses.  It also has the full power to delegate authority to other bodies as it chooses. 

Paragraph §210 is a perfect example.  This paragraph mandates that General officers shall be elected at the General Conference, except the president of the Women's Missionary Council, who shall be elected by the Quadrennial Assembly of the Women's Missionary Council. [Emphasis added.]  This legislative enactment indicates a decision by the General Conference to treat the President of the Women's Missionary Council different from all other General Officers as to both the time and place of their election.  The General Conference has the full power to do this.  Additionally, paragraph 1140, article III §8 indicates a legislative decision by the General Conference to have all officers, secretaries, and chairpersons of the Women's Missionary Council elected at the Quadrennial Assembly.  This section specifically provides that the President of the Women's Missionary Council shall maintain the status of General Officer. 

Paragraph 1001.1 provides that the General Officers of the CME Church shall be *** The President of the Women's Missionary Council and paragraph 450 §2 provides that members of the Judicial Council, General Officers, Presiding Elders, Pastors and all other of the clergy rank shall be automatically retired at the Conference of Authority nearest their seventy-fourth (74th) birthday ***


A review of this legislation, adopted by the General Conference, demonstrates several ambiguities.  First, the President of the Women's Missionary Council according to paragraph 1001.1 "shall be" a general officer but under paragraph 1140, article III §8, she "maintain(s) the status of General Officer."  There is a difference in language because, as will be discussed later, as a "General Officer," the President of the Women's Missionary Council, is legislatively treated differently.  This difference in treatment has been by approval of the General Conference.  A further ambiguity is seen when we consider paragraph 210 that provides for the President to be elected by the Quadrennial Assembly (for a four year term), paragraph 804.2 that provides for Judicial Council members to be elected by the General Conference, paragraph 1000.5 that says General Officers are to be elected by the General Conference and compare them with paragraph 450 that provides for automatic retirement at the Conference of Authority nearest their 74th birthday for classes of persons (Judicial Council members, General Officers, Presiding Elders, Pastors & all other clergy rank). 

When there is ambiguity among different sections of legislation covering the same or similar subjects, the first rule of statutory construction is to look at the legislation and to attempt to read it in such a fashion that every portion of the legislation can be read in harmony and can reflect the intent of those who enacted it.  The presumption is that legislators know what they have enacted and meant the enactments to be read harmoniously.  Another rule of statutory construction is that ambiguous enactments should not be read in such a manner as to render an absurd result.  Legislation is looked at in a way to preserve the original intent of the drafters and in consonance  with any subsequent actions that further the consistency in interpretation.  If we read the "Conference of Authority" for purposes of retirement to mean the President of the Women's Missionary Council must retire at the General Conference, then a President of the Women's Missionary Council who was age eligible under this paragraph would always leave office with one year (25%) of her term incomplete.  This would yield an absurd result, and one clearly not intended by the General Conference.

Bishop Reddick argues that the question of mandatory retirement in the CME Church has been settled for all bishops, all general officers and all itinerant preachers without exception.  Our  review of our prior and current Discipline beginning as early as 1914 and continuing until 1978 demonstrates that the question of the retirement age for bishops was constantly in flux.  At various times, even though the General Conference had enacted a retirement age, exceptions would be made on the floor of the General Conference to extend the age of retirement for select Bishops.  We again emphatically state, the General Conference always had and maintains full power to make exceptions.

In regards to itinerant ministers and General Officers, other than the President of the Women's Missionary Council, the law is clear, that is, they must retire at the "Conference of Authority" nearest their 74th birthday, provided, however, that if they are ministers who have been in the itinerant service for 10 years or more and are 65 they can exercise the right to
retirement. 

Ministers upon approaching or reaching age 74 (or qualifying for the 10 year service, age 65 exception) have retired at their annual conferences (the Conference of Authority over them) and General Officers over the years, when they approached the General Conference nearest their 74th birthdays have retired at the General Conference.

In contrast, our research reveals that the President of the Women's Missionary Council has never retired or completed her 4 year term of office at the General Conference.  The questions that are raised by this observation, are these:


(1) What is the "Conference of Authority" for the President of the Women's
Missionary Council;

(2) Is the President of the Women's Missionary Council exempt from the
"automatically retired" language of paragraph 450 §2.


Simply put, the answer to the first question is beyond debate.  If we look at what body has final authority over the President of the Women's Missionary Council, then the Conference of Authority is always the General Conference.  The General Conference created the Women's Missionary Council (as it did all other General Departments of the Church) and has the full authority to do away with it.  However, as stated earlier, the General Conference has full power to make whatever rules it chooses and can make exceptions, modifications, delegations, etc., whenever it chooses to do so. 

The General Conference has the power to and has allowed the President of the Women's Missionary Council to be treated differently from other General Officers.  For example, the General Conference has allowed the Women's Missionary Council to have their own constitution and their own bylaws which have been ratified by the General Conference.  Indeed the Women's Missionary Council's Constitution is included within The Book of Discipline.

By that ratification, the General Conference has determined that instead of being elected at the General Conference like all other General Officers, the President of the Women's Missionary Council will be elected at a different place and time.  The President of the Women's Missionary Council and all other Council officers are elected at the Quadrennial Assembly meeting the year following the General Conference.  Another distinction among General Officers approved by the General Conference, is that a General Officer who is also an itinerant minister and has served 10 years in the ministry can retire at 65.

Another example of an intent to treat the President of the Women's Missionary Council different than other General Officers is the fact that all other General Officers report annually to the General Connectional Board (see Chapter 44) while the President of the Women's Missionary Council has its own Executive Board to which she makes her annual report at a different place and time (see Chapter 51).

A compelling example of an intent to treat the President of the Women's Missionary Council different than other General Officers, is the Retirement Plan of the CME Church.

Paragraph 1039.1 mandates that all active Bishops, General Officers, Presidents & Dean of Theological Seminaries, Presiding Elders & salaried pastors of the CME Church, who are
under 74 years of age shall mandatorily enroll in the CME retirement plan.  However, a President of the Women's Missionary Council cannot enroll in the CME retirement plan because they can never meet the qualifications for retirement benefits, as is illustrated below.

Paragraph 1039.4 provides that a serving General Officer who retires in office, pursuant to the retirement laws of the CME Church, shall be entitled to benefits as follows:


§1. A General Officer who served twelve (12) consecutive years or more, and retires while actively in office as such General Officer, shall be entitled to a sum equal to one-half (½) of a General officer's salary at the time of retirement.

§2. A General Officer who serves a minimum of eight (8) consecutive years or more, and retires while still acting as such General Officer, shall be entitled to a sum equal to one-third (1/3) of the salary of a General Officer at the time of retirement.


The President of the Women's Missionary Council can never retire under subsection one because she cannot serve 12 years consecutively and because she can never serve a minimum of 8 consecutive years or more and retire while still acting as such General Officer, she cannot retire under subsection two.  She can only serve 8 consecutive years.  She cannot ever be "still acting as General Officer."  Therefore, she cannot participate in the pension fund.

Because the President can't participate in the retirement fund, a Special Gift Fund was set up for Past Council Presidents, Treasurers & Editors of the Missionary Messenger, which they are eligible for after 2 terms of office (see page 161, paragraph 1140, Article VII § 2 of the Book of Discipline 2010).  The amount of the gift is subject to a determination by the Finance Committee of the Women's Missionary Council based upon the availability of funds which must be confirmed by the Women's Missionary Council Executive Board.  This allowance or gift was made effective in 2004.  

The answer to the second question flows from our consideration of the first question.  It is the opinion of the Judicial Council that the President of the Women's Missionary Council is exempt from the "automatically retired" language of paragraph 450 §2.

As was earlier stated, the General Conference has full power to enact laws, to modify or make exceptions to them and to delegate authority to other bodies.  An example of General Conference delegation of authority can be seen in the creation of the General Connectional Board (paragraph 1000 through 1000.7) with authority granted to it to act between General Conferences.  Authority was also granted to the Women's Missionary Council to enact its own constitution and bylaws.  The Women's Missionary Council's Constitution and Bylaws were
thereafter ratified by the General Conference.  In fact, the Women's Missionary Council's Constitution has been incorporated in the Book of Discipline.  Furthermore, at the General Conference in 1998, per resolution #98-08-132, the General Conference voted to allow the Women's Missionary Council to amend, add to, delete or modify its bylaws.  Those Bylaws specifically set out the qualifications and terms of office for President. 

They are, in part, as follows:

A.                                                        President
1.                                 Qualifications

a.         The President shall be active member of the Local Church, the District Conference, and the Annual Conference Women's Missionary Society.  She shall have had consistent experience in a comparable office at other levels of missionary work in the Christian Methodist Episcopal Church.  [Emphasis added.]

b.         She shall not be otherwise gainfully employed.

c.         She shall have a background of higher education, demonstrated administrative ability, organizational skills, a gift of effective human relations, a presence of consistent dedication, and spiritual disciplines.


Section 5:                                 Terms of Office

A.        Council Officers, Department Secretaries, Standing Committee Chairpersons, and the Chairperson of the Commission on Christian Social Relations shall be elected quadrennially and shall not succeed themselves after two (2) terms of four (4) years each, or a
total of eight (8) years.

B.         All vacancies occurring during a term of office shall be filled by the Executive Committee of the Women's Missionary Council.

C.        Should the office of President become vacant, the Vice-President shall assume the duties of the office of President until the next Executive Board meeting, at which time the Patron bishop and the Executive Committee shall recommend an appointee.


A fair reading of these Bylaws as well as the actions of the General Conference in ratifying them, leads to but one conclusion.  Because the President is to have all these
qualifications i.e., served as the president of the local, district and annual conference Missionary Society (clearly an accomplishment that can take years to obtain), not be otherwise gainfully employed (indicating a requirement that the person seeking the office must have completed their professional career), and must have a background of higher education, demonstrated administrative ability, organizational skills, a gift of effective human relations, etc. (again, indicating a person who has spent many years in preparing themself in all aspects of their life, personal, professional and spiritually to serve as President), it is obvious that there was no intent to impose an age limitation on who may serve as President; the limitation on service, as evidenced by the mandated qualifications without regard to age, is a term limitation.  The President is prohibited from serving more than two terms (4 year terms) or a total of eight years.  There is no provision for retirement during a term of office

As was stated earlier, to require a President to leave office with twenty-five percent (25%) of her term left would lead to an absurd result.  This could not have been the intent of the General Conference nor would this tortured reading of all the relevant statutes we reviewed result in giving full effect to all the enactments. 

Finally, to reiterate, the General Conference has full power to enact legislation, to make exceptions to it, to modify it and to delegate authority to other bodies.  It is the Opinion of the Judicial Council that the President of the Women's Missionary Council, who is a General Officer, subject to the final authority of the General Conference, which is her "Conference of Authority" is exempt from being "automatically retired" as stated in paragraph 450 §2.  If the General Conference wants to change this interpretation they have the authority to do so.  The General Conference meets in 2014.  They can either adopt our interpretation or amend The Discipline if they disagree with us.  Our Opinion will be subject to review by the General Conference in two years, before it would affect the President of the Women's Missionary Council.


            Respectfully submitted,


                                                  Justice Roland Johnson, Jr., President
                                                   Justice Pamela Bethel-LeDuff, Clerk
                                                            Justice Barbara Nichols
                                                              Justice Lawson Adjei
                                                               Justice Leo Douglas
                                                         Concurring in the Opinion


                           Justices Bernard Snell and Jerry Woodfolk, Sr., respectfully dissent.

                                     *Justice Kapel Kirkendoll took no part in this decision.

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