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Bishop's ruling of law on closure of Embrace

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Bishop Lanette Plambeck was asked for a ruling on the Cabinet Resolution to close Embrace Church/Embrace United Methodist Church that was presented to a called special session of the Dakotas Annual Conference on November 23, 2024. The ruling has been submitted to the Judicial Council for review.

December 19, 2024: At the Called Special Session of the Dakotas Conference held on November 23, 2024, a ruling of law was requested. It read as follows:

“In accordance with ¶¶51 and 2609 of The Book of Discipline, I request a ruling of law in light of ¶¶ 2501 and 2549, Judicial Council Decision 1512, and other relevant church law: Is the ‘Cabinet Resolution to close Embrace Church/Embrace UMC,’ submitted for vote at the Special Session of the Dakotas Annual Conference meeting on November 23, 2024, along with accompanying background and rationale printed on pages 5 and 6 of the Special Session Conference Workbook, consistent with or in violation of ¶¶2501 and 2549 of the 2016 Book of Discipline as interpreted by Judicial Council Decision 1512?”

As resident bishop, having jurisdiction to answer the question, I ruled the request was in order as the following conditions were met:

  • The Question was submitted in writing to me, to the conference secretary, and to the assistant to the bishop for communications and connection,
  • The Question was requested and submitted during the Special Session,
  • The Question was appropriately before the body as it was submitted by Rev. Gary Ball-Kilbourne, retired elder in full connection; Rev. Ball-Kilbourne is a member of the Dakotas Conference of the United Methodist Church.
  • The Question raised by Rev. Ball-Kilbourne pertained to the issues being considered at the Special Session and identified specific paragraphs of The Book of Discipline of the United Methodist Church (2016) to be interpreted. (See: ¶BOD 51, JCD 799, JCD 1103, JCD 1279)

As I have prayerfully reviewed the question and researched the request before me, I rule that the Cabinet Resolution to close Embrace United Methodist Church was consistent with ¶2501 and ¶2549 of The Book of Discipline (2016) as interpreted by Judicial Council Decision 1512.

My decision is based on the following:

  • I determined the provision of ¶2549 Disposition of Property of a Closed Local Church from Chapter Six “Church Property”/Section Six “Local Church Property” of the Book of Discipline (2016), which provides policy and process to close a church and dispose of property was appropriately followed.
  • I determined there was compliance with ¶2549.1, which requires the process to begin with the district superintendent’s recommendation to close a church if they find either of the ¶2549.1 conditions exist. This expectation was met in 2023 when Rev. Rebecca Trefz, former district superintendent of the southeast district recommended to the Appointive Cabinet that we close Embrace Church under 2549.1.a. While this recommendation did come to the appointive cabinet from the district superintendent, engagement of the discernment process and acquiescence of the procedural expectations were held more broadly by conference leadership teams including the southeast district committee on building and location, the conference trustees, the conference committee of finance and administration, the common table, and the extended cabinet. Additionally, this work was done in on-going consultation with the Dakotas chancellors. A formal mediation was also held to aid in the deliberation and discernment.
    • Fulfillment of ¶2549.1.a began in early 2023 when it became clear to the district superintendent and members of the appointive cabinet that Embrace no longer served the purpose for which it was first organized. As conference representatives met with leadership from Embrace Church, there was realization that though constituted as a United Methodist Church, Embrace Church did not reflect the identity, polity, practices, or doctrinal standards and theological task of our connection. Supporting evidence included but was not limited to Embrace Church operating more as a call/congregational system than appointment/itinerant/connectional system. Additionally, conference leadership saw there was misalignment regarding the practice of sacraments, education and accountability required for credentialed pastors, connectional giving through apportionments and shared mission, and membership process.
    • In review of ¶2549.1.b, the United Methodist membership vows, as outlined in ¶217 of the Book of Discipline, state that members will “be loyal to Christ through The United Methodist Church and do all in their power to strengthen its ministries.” Embrace pastors and leadership have been unable to do this. Additionally, Embrace had not received persons into formal membership for the past 11 years. Through our discernment process, we discovered that not only did worshipers not know of the United Methodist relationship, many who held leadership roles also did not know and/or understand the connectional nature that is foundational to the United Methodist identity. Therefore, it was determined that Embrace Church, though a vital congregation, no longer served the purpose for which it was organized—as a United Methodist congregation and was recommended for closure as such.
  • I further determined that procedures outlined in ¶2549.2.a were followed. There was clear and compelling evidence that 2549.2.a(2-4) were cared for through the work between conference leadership and Embrace Church. While it may be perceived that the outlier was ¶2549.2.a (1) – “guiding the congregation in an assessment of its potential” (¶213 – A Process for Assessment of Local Church Potential), conference leadership did meet with the clergy and lay leadership of Embrace to assist them in the study of what it means to be a United Methodist Church offering a way forward as a connectional partner. To that end, despite the efforts that began in early 2023 and concluded with mediation in the fall of 2024, conference leadership determined there was no reconciliation possible as Embrace Church had simply evolved as an entity that was detached from the annual conference and the Wesleyan way of serving Christ through our shared discipline, doctrinal standards and theological task, the ministry of all Christians, the Social Principles, and our organization and administration. As this was the anticipated outcome, I notified those gathered at the Annual Conference session in June 2024 held in Bismarck, North Dakota, that there may be need to call a special session as the conference and Embrace Church concluded discussions.
  • I was notified on October 22, 2024, that conference leadership and Embrace Church were ready to move forward having reached mutual assent on terms of separation. The Dakotas Conference mediation team, trustees, and district committee on church and location agreed to these terms prior to the rendering of Judicial Council Decision 1512. The special session announcement went out October 23, 2024, with a pre-conference session scheduled to ensure fullest transparency with our conference. The Special Session was held remotely on November 23, 2024, meeting the consents required by 2549.2b; the voting members of the Dakotas Conference declared Embrace Church closed as a United Methodist Church by super-majority of 162-22.
  • I do want to note the original motion was amended by the body approving the disposition of the property as outlined in the mediation agreement and in compliance with ¶2549.2c that allows the annual conference to give direction to the board of trustees as to the disposal of closed church property.
  • While I do not see any evidence of deficiency in upholding the process outlined in ¶2549, I find grace in ¶2549.2.d which states that church closures approved by the annual conference are not invalidated if the steps of 2549.2 were deemed incomplete or not followed. 

Regarding Judicial Council Decision (JCD) 1512 and my determination that we did not act outside of compliance with this decision.

  • JCD 1512 says it is a 2549.3 decision not a 2549.2 decision.
  • Even if JCD 1512 was a ¶2549.2 decision, neither the leadership of the Dakotas Annual Conference nor Embrace Church were using ¶2549 as a pseudo-disaffiliation pathway. To be clear, all parties were aware that ¶2553/Disaffiliation was an option and could have been a pathway IF this decision was around human sexuality; it was not. Conference leadership and Embrace Church were in agreement that it would have been an unfaithful pathway to purse ¶2553 when it was available. We found ourselves in an inimitable situation.
  • This was a closure of one specific church that due to its unique circumstances no longer served the purpose for which it was organized, which ¶2549 has always allowed. While the buyer of the property will become a new legal entity, we do anticipate the majority of worshipers will retain their identity as part of that faith community. Fair value is being paid for the property given the debt associated with the property, so the closure and prompt sale at $1.25 million leaves the conference in a better position than had it retained the property and its $8 million debt load.
  • Closure also allows the conference to start new ministries in these communities without these ministries being burdened by large properties or substantial debt.  
  • Even if JDC 1512 is somehow violated by this action, the conference had entered an agreement to terms to dispose of the property prior to the ruling.  Failing to complete the contract could result in further costs/detriment to the conference. My decision to move forward was further informed by ¶2506.1 Conformity With Local Law – Church Corporations. An agreement had been reached, and I believed we were both legally and ethically bound to see that agreement through to resolution – which was taking this before the annual conference for vote to close Embrace Church.
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Bishop Lanette presided over the called special session of the Dakotas Conference via the Zoom webinar platform.

Concluding Thoughts

    The decision to close Embrace United Methodist Church has been a weighty and complex matter, deeply rooted in prayer, discernment, and adherence to the polity and principles of The United Methodist Church. It is never easy to close a church, particularly one that has demonstrated vitality within its community. However, this decision reflects the responsibility of the Dakotas Annual Conference to ensure that all congregations operate in alignment with our shared identity, doctrinal standards, and connectional mission.

    The process leading to this decision was thorough and collaborative, involving mediation, consultation with legal and conference leadership, and engagement with the leadership of Embrace Church. It is evident that every effort was made to reconcile differences and find a way forward that would honor the covenantal and connectional nature of The United Methodist Church. When reconciliation proved impossible, closure became a necessary step to steward the resources and mission of the annual conference faithfully.

    This decision also underscores our commitment to the integrity of our shared ministry and our belief that vital ministry happens within the framework of our Wesleyan tradition. By concluding this chapter with grace and transparency, we open the door for new ministries to emerge in these communities—ministries unburdened by the challenges of misalignment or debt and guided by a clear and faithful vision for making disciples of Jesus Christ for the transformation of the world.

    The decision to close Embrace Church under ¶2549 and honor agreements reached was both a faithful and pragmatic conclusion. With mediation concluded, agreements reached, and the session called prior to the ruling of Judicial Council Decision 1512, I do believe I upheld polity and honored the work of the council. Seeing our process through was an act of care for the soul of the conference and for the mission of The United Methodist Church. I pray that this decision of law will lead to healing for those involved, renewed focus for our annual conference, and fresh opportunities for ministry in the Dakotas. May the Holy Spirit guide us all as we continue to seek to serve Christ together in faithfulness, integrity, and love.

 

UMC

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