Sacramento Presbytery and an administrative commission

I am ashamed to announce that on Saturday, the twentieth of September, the Sacramento Presbytery will be voting on a resolution to ask the Synod of the Pacific to appoint an administrative commission to act on behalf of the Presbytery regarding the suits by the First Presbyterian Church of Roseville and Fair Oaks Presbyterian Church. It can be found on the Sacramento Presbytery page.

It will hopefully be remembered that the Presbytery had settled the dismissal of those Churches in a gracious manner until a complaint was filed by the pastors of Westminster Church in Sacramento. When the Churches then won their case in court and the Presbytery voted not to appeal the pastors once again filed a complaint.

I wrote about that here A Dis-heartening Action involving the Synod of the Pacific . In light of the passage of item 04-28 a "gracious witness resolution" offered by General Assembly commissioner Robert Austell and passed by the GA, this is becoming a shameful episode in our presbytery's life.

Because the Presbytery Docket file is so large I am placing the resolution here:

"RESOLUTION RELATING TO
FIRST PRESBYTERIAN CHURCH OF ROSEVILLE V. PRESBYTERY OF SACRAMENTO
AND
FAIR OAKS PRESBYTERIAN CHURCH V. PRESBYTERY OF SACRAMENTO

WHEREAS, the Fair Oaks Presbyterian Church and First Presbyterian Church of Roseville (collectively, the "Plaintiffs") have heretofore initiated the above-captioned suits (collectively, the "Original Suits") against the Presbytery of Sacramento (the "Presbytery") to quiet title in certain real property; and

WHEREAS, the Original Suits have been consolidated in the Superior Court of the State of California for the County of Placer as Case No. SCV 20758; and

WHEREAS, the Synod of the Pacific (the "Synod") has filed a motion for leave to file its complaint in intervention in connection with the Original Suits, which motion has been granted; and

WHEREAS, on September 11, 2008, a judgment was entered in the Original Suits in favor of the Plaintiffs; and

WHEREAS, if an appeal (the "Appeal") is to be taken, notice of appeal must be filed no later than 60 days after the entry of judgment, which will be November 10, 2008; and

WHEREAS, certain other churches have threatened suit or may in the future initiate suits to quiet title in certain other real property (the "Additional Suits"); and

WHEREAS, the Presbytery has incurred substantial expenditures in connection with the defense of the Suits and is financially incapable of funding the Appeal and/or the defense of the Additional Suits; and

WHEREAS, the issues in the Original Suits and the Additional Suits (collectively, the "Suits") involve or may involve the validity and enforceability in the State of California of the trust clause of the Constitution of the Presbyterian Church (U.S.A.) (G-8.0200) and, upon appeal, it is likely that the law of the State of California will be interpreted in a way that will establish precedent applicable to Presbyterian churches throughout the State of California; and

WHEREAS, the Synod of the Pacific is a regional governing body of the Presbyterian Church (U.S.A.) that has jurisdiction over six presbyteries within the State of California and is "responsible for the mission of the church throughout its region," (G-12.0102), having the responsibility and power "b. to initiate mission through a variety of forms in light of the larger strategy of the General Assembly; . . .e. to develop and provide resources as needed to facilitate the mission of its presbyteries. . . . j. to provide services and programs for presbyteries . . . . within its area that can be performed more effectively from a broad regional base;" and

WHEREAS, for the reasons set forth above, it is more appropriate that the Synod, as a higher governing body, having access to greater resources and having a larger territory of jurisdiction
within the State of California, be responsible for the defense of the Trust Clause by means of the Appeal;

BE IT RESOLVED THAT:
The Presbytery hereby petitions the Synod to appoint an administrative commission under G-9.02503, with the power to act on behalf of the Presbytery in all matters related to the Suits, including the Appeal and to provide or obtain funding in connection therewith..
# 5604578_v2 "

A good answer to this problem of property is offered by Rev. Mark Roberts here The PC(USA) and Church Property, Part 4

Please pray for Sacramento Presbytery.