No. 2012-2016-11 BEFORE THE JUDICIAL COUNCIL OF THE AFRICAN METHODIST EPISCOPAL CHURCH RE: REQUEST FOR DECLARATORY DECISION- BISHOP SAMUEL L. GREEN, SR., PETITIONER The Judicial Council delivers the opinion Per Curium. HOLDING The Judicial Council DENIES Petitioner s request for Declaratory Decision regarding the involuntary location of itinerant preachers by the Annual Conference, who do not receive six month notice in advance of location. The Judicial Council holds the issue does not meet the requirements established for a declaratory decision. Therefore, the Judicial Council lacks jurisdiction. The Judicial Council DENIES Petitioner s request for a Declaratory Decision regarding the authority to remove a located minister from location and restore him/her to his/her former status. The Judicial Council holds the issue does not meet the requirements established for a declaratory decision. Therefore, the Judicial Council lacks jurisdiction. The Judicial Council DENIES the request for a Declaratory Decision regarding the rights and privileges that may be exercised by a located Bishop. The Judicial Council holds the issue fails to meet the established requirements to accept jurisdiction under this provision. The Judicial Council, therefore, lacks jurisdiction. The Judicial Council GRANTS the Petitioner s appeal based on a final decision made by the Council of Bishops regarding the succession rights of located Bishop E. Earl McCloud, Jr. as it relates to his eligibility to exercise the duties and privileges of the Office of Bishop. The Judicial Council holds that Bishop E. Earl McCloud, Jr., based on his location, is an inactive Bishop in the African Methodist Episcopal Church. As an inactive bishop, Respondent McCloud lacks the authority to exercise the rights and privileges of an active Bishop. Based on the status of an inactive Bishop, he is not eligible to hold any office on the Council of Bishops nor may he remain in the rotation for the succession to the presidency of the Council of Bishops, during the period of his location by the General Conference. PARTIES Bishop Samuel L. Green, Sr. ( Petitioner or Bishop Green ), the Presiding Prelate of the Twelfth Episcopal District. Bishop E. Earl McCloud, Jr. ( Respondent McCloud or 1
Bishop McCloud ) a located Bishop of the African Methodist Episcopal Church, and the Council of Bishops (African Methodist Episcopal Church) under the leadership of Bishop Sarah Davis, its President (Respondent Davis or Council of Bishops ). The Petitioner filed a request for a Declaratory Decision raising matters of concern regarding involuntary location of itinerant elders, their reinstatement and the effect of location on Bishops as to their ability to exercise duties and privileges associated with the Office of Bishop. Specifically, Petitioner references the Public Statement by the Council of Bishops agreeing that the location of Respondent McCloud should not deprive him of his place in the rotation for the presidency of the Council of Bishops. The statement further referenced the commencement of preparation for his investiture next year in Atlanta, Georgia. JURISDICTION In order for the Judicial Council to grant a Declaratory Decision pursuant to the provisions of Part XI, Section XX of the African Methodist Episcopal Church, Discipline 2008 (hereinafter Discipline ), and, more specifically, Subsection H, paragraph 10, page 316, the following prerequisites must exist: When the General Conference shall have passed any act or legislation that appears to be subject to more than one interpretation, or when any paragraph or paragraphs of the Book of Discipline of the African Methodist Episcopal Church seems to be of doubtful meaning or application, any authority in the Church or any member in good and regular standing affected thereby shall have the right to appeal to the Judicial Council under the law of the church from any action of any conference, connectional board, or ruling of a bishop based upon an act of legislation which appears to be subject to more than one interpretation. In such a case the Judicial Council shall make a ruling in the nature of a declaratory decision and the effect of such an act, legislation, paragraph or paragraphs of the Book of Discipline of the African Methodist Episcopal Church and the decision shall be final, subject to the approval of the General Conference. Petitioner requests an emergency Declaratory Decision pertaining to issues of location as they relate to itinerant ministers and Bishops. Bishop Green alleges the language, as outlined in Section XII, Located Ministers, pages 130-131, of the Discipline (2008) is subject to more than one interpretation and seems to be of doubtful meaning or application, thereby preventing equality in its application. He argues the provision fails to state (1) when, how, or why a located minister may be restored to his/her office of itinerant status; nor (2) does it state how location would be applied to a Bishop or whether Bishops would be treated differently from other located ministers. In his request, Bishop Green specifically refers to the location status of Bishop E. Earl 2
McCloud, Jr. and the public statement of the Council of Bishops regarding the presidency succession within the Council of Bishops. The Judicial Council does not find the provisions of Part V, Ministry, Section XII, The Located Ministers, pages 130-131, Discipline (2008), to be doubtful in meaning or application, and/or open to more than one interpretation. The Judicial Council finds said language as outlined to be clear as to meaning and procedure. The language as articulated in the aforementioned provision clearly and concisely expresses the process for location, the body having authority to activate this provision as well as the steps for removal from location. Merely because one does not properly apply the provisions of a law does not create doubt in its meaning or application. The Judicial Council lacks jurisdiction to hear Petitioner s request for an emergency declaratory decision. The provisions as enumerated in the Discipline (2008), Part VI, General Governmental Divisions and Authority, Section II, Authority of Active Bishops, subsection F (Retired Bishops) paragraph 3-5, page 139 require no further interpretation. Nothing in the provisions creates a doubtful meaning or application. Therefore, the Judicial lacks jurisdiction to grant a request for a declaratory decision under the facts as presented in this matter. The jurisdiction of the Judicial Council to hear this matter as it pertains to located Bishop McCloud is conferred in Part XI, Section XX, A, pages 313-314 of the Discipline (2008): The jurisdiction of the Judicial Council shall relate to and be restricted to all final appeals from any adverse decision by any bishop, board, commission, group, pastor, or any other regularly constituted party or body empowered to make a decision which affects the right of any members, church or body of the A.M.E. Church. Having reviewed the evidence submitted, we take jurisdiction by virtue of the Council of Bishops having rendered a final decision affecting the rights and privileges of a located Bishop, specifically, Respondent Bishop McCloud. STATEMENT OF THE ISSUES 1. Whether an itinerant minister can be involuntarily located, if the Annual Conference votes to do so for cause for the good of the church, without being afforded six months advance notice? 2. Who has authority to remove a located minister from location and restore him/her to his/her former status? 3
3. Whether a Bishop may exercise any of the duties and privileges of the Office of Bishop while in a location status, including office succession as part of the Council of Bishops? STATEMENT OF FACTS 1. On July 4, 2012, Bishop E. Earl McCloud submitted a request to the Episcopal Committee for location during the 49 th Quadrennial Session of the General Conference of the African Methodist Episcopal Church. In his request, Bishop McCloud provided no specific reason. Further, his request concluded with a statement of his intention to request that the next General Conference retire him as a Bishop. 2. On July 4, 2012, during the Consecration and Closing Business Session of the aforementioned General Conference, the Episcopal Committee recommended to the body of the General Conference that Bishop McCloud s location request be granted. The motion locating Bishop McCloud carried. 3. On June 24, 2013, Bishop Sarah Frances Taylor Davis was installed as the new President of the Council of Bishops in Kingston, Jamaica. 4. On June 25, 2013, the Council of Bishops issued a public statement indicating the body decided that Bishop McCloud s location should not deprive him of his place in the rotation for the presidency of the Council of Bishops. The statement further indicated that preparations for Bishop McCloud s investiture in Atlanta, Georgia next year had commenced. 5. On or about July 2, 2013, Petitioner requested an emergency Declaratory Decision on the issue of location as it relates to restoration of status for itinerant ministers. The request identified concerns about location status as it relates to the Episcopacy. In his request, Bishop Green specifically raised the ability of located Bishop McCloud to serve as President of the Council of Bishops. 4
6. On July 15, 2013, Bishop McCloud responded to the petition by providing medical documentation from his doctor clearing him to resume his duties as a Bishop. On or about July 31, 2013, Bishop Jeffrey Leath submitted a response in an amicus curie brief requesting the Judicial Council deny Petitioner s request for Declaratory Decision as it relates to Bishops and issue a ruling as it pertains to location at the annual conference level. 8. On July 31, 2013, Bishop Gregory Ingram and Bishop Reginald Jackson responded in support of Petitioner s request. ANALYSIS AND DISCUSSION As previously discussed in the section on jurisdiction, the Judicial Council lacks jurisdiction to hear the issues of location as submitted by Petitioner as a request for Declaratory Decision. It will, however, invoke jurisdiction of this matter based on a final decision made by the Council of Bishops to allow a located Bishop to rotate in the succession into the position of President. Respondent McCloud requested location from the Episcopal Committee at the 49th Session of the General Conference of the AME Church. Nowhere in his request does he provide any medical or other reason for location. The Episcopal Committee recommended acceptance of Respondent McCloud s location and the General Conference approved the recommendation of Episcopal Committee on July 4, 2013 officially placing him in location status. The Discipline (2008) in Part XVI, Glossary, page 677 defines located as: The action of the appropriate Annual or General Conference for an ordained member to become inactive. Only the General Conference of the African Methodist Episcopal Church is duly authorized to locate a bishop, thereby placing said Bishop in an inactive status. On July 4, 2013, the General Conference by virtue of its action placed Respondent Bishop E. Earl McCloud in an inactive status. Respondent Mc Cloud argues that though he is located, he still should be considered an active Bishop, referencing the Discipline (2008), Part VI (General Governmental Divisions and Authority), Section III, Authority of Active Bishops, subsection F (Retired Bishops), paragraph 3, page 139, which specifically refers to a Bishop impaired by reason of health being temporarily unable to perform, being released from the obligation to travel for one quadrennium. While the language does not utilize the word location, the act of release requires action by the constituted body of authority, i.e. the General Conference. The action of the General Conference is tantamount to placing said Bishop in an inactive status. 5
It should be noted that the request by Respondent McCloud to the Episcopal Committee failed to contain any reference to his health. However, the General Conference granted the recommendation of the Episcopal Committee to locate him by virtue of his request. Because of his location request, the Episcopal Committee gave him no Episcopal District assignment, no ecumenical, or special assignment nor any other duties. In order to receive assignments other than to an Episcopal District, the Bishop must be active. See Discipline (2008), Part VI (General Governmental Divisions and Authority), Section III (Authority of Active Bishops), subsection C (Assignments of Bishops), paragraph 5, page 136. Under the foregoing circumstances and analysis, the Judicial Council finds that a located Bishop does not fall under the status of an active Bishop. Therefore, we conclude that Respondent Bishop McCloud, by virtue of his location at the 49 th Session of the General Conference, currently carries the status of an inactive Bishop. The issue before the Judicial Council now reverts to what privileges and entitlements remain with a located Bishop? The Discipline (2008), Part VI, General Governmental Divisions and Authority, Section II, Authority of Active Bishops, subsection G (Council of Bishops) paragraph 1, page 140, states: The Council of Bishops of the AME Church is the executive branch of the Connectional Church and is designated by name and title as The Council of Bishops of the African Methodist Episcopal Church. The Discipline (2008), Part VI, General Governmental Divisions and Authority, Section II, Authority of Active Bishops, subsection G (Council of Bishops) paragraph 6, page 141, provides authority for this body as follows: The Council of Bishops shall have the authority to administer the affairs of the AME Church as authorized by the General Conference, but in no case shall the Council of Bishops administer the affairs of the church contrary to the positive law of The Book of Discipline of the African Methodist Episcopal Church. Based on the cited reference to the Discipline (2008) and the action of the General Conference, Respondent McCloud is currently inactive Bishop. When the Episcopal Committee presented its recommendation, for all practical purposes, Bishop McCloud could not be assigned any position or given specified duties by virtue of his inactive status. To permit an inactive Bishop to serve as the head of the Executive Branch of the Church totally negates the action of the General Conference. 6
Consistent with the aforementioned analysis, the Judicial Council finds that Respondent McCloud is an inactive Bishop and may not exercise thel rights and privileges afforded to active Bishops within the African Methodist Episcopal Church. Based on our finding, Respondent McCloud cannot serve in the succession of the presidency to the Council of Bishops while in a status of location. CONCLUSION The Judicial Council DENIES Petitioner s request for Declaratory Decision regarding the involuntary location of itinerant preachers by the Annual Conference, who do not receive six month notice in advance of location. The Judicial Council holds the issue does not meet the requirements established for a declaratory decision. Therefore, the Judicial Council lacks jurisdiction. The Judicial Council DENIES Petitioner request for a Declaratory Decision regarding the authority to remove a located minister from location and restore him/her to his/her former status. The Judicial Council holds the issue does not meet the requirements established for a declaratory decision. Therefore, the Judicial Council lacks jurisdiction. The Judicial Council DENIES the request for a Declaratory Decision regarding the rights and privileges that may be exercised by a located Bishop. The Judicial Council holds the issue fails to meet the established requirements to accept jurisdiction under this provision. The Judicial Council, therefore, lacks jurisdiction. The Judicial Council GRANTS the Petitioner s appeal based on a final decision made by the Council of Bishops regarding the succession rights of located Bishop E. Earl McCloud, Jr. as it relates to his eligibility to exercise the duties and privileges of the Office of Bishop. The Judicial Council holds that Bishop E. Earl McCloud, Jr., based on his location, is an inactive Bishop in the African Methodist Episcopal Church. As an inactive Bishop, Respondent McCloud lacks the authority to exercise the rights and privileges of an active Bishop. Based on the status of an inactive Bishop, he is not eligible to hold any office on the Council of Bishops nor may he remain in the rotation for the succession to the presidency of the Council of Bishops, during the period of his location by the General Conference. Opinion rendered on this 3 rd day of September2013 7