Parliamentary time bombs?

There's been some discussion, lately, about how local congregations ought to transition to the new Form of Government, that's due to take effect on July 10, 2011. I've been hearing, in particular, about one alarmist critique of the nFOG, that suggests there are a couple of hidden parliamentary time bombs in there that are all ready to blow local churches sky-high if somebody doesn't get in there like MacGyver and defuse them.

In particular, say the alarmists, there are two things local churches need to do, pronto:

1) Set the quorum for congregational meetings, and
2) Establish the most recent edition of Robert's Rules of Order, Newly Revised as the parliamentary basis for congregational meetings

Everyone's agreed that, because the nFOG doesn't explicitly adopt these two standards in the case of local churches, congregations do need to vote on these two items at some point, if their By-Laws don't already address these issues. The question is whether this is a matter of such urgency that Sessions need to rush to call a congregational meeting prior to July 10, when the nFOG takes effect. The doomsday scenario - raised by partisans who are no friends of the nFOG and have been opposing it - is that if congregations allow July 10th to come and go without formally adopting the 10% quorum that was in the old book, then they will for all practical purposes be unable to ever meet again, because they'll need to roust out 50% of their membership in order to conduct any business.

The problem with that argument is that it's self-contradictory. If we accept that, after July 10th, the default 50% quorum from Robert's Rules applies to congregational meetings, but we also accept that Robert's has no constitutional basis for congregations after July 10th - unless and until congregations specifically act to adopt it as such - then, how can Robert's impose a 50% quorum from the get-go?

If a congregation can't, or doesn't want to, meet before July 10th, then all it has to do at its first meeting is to adopt a rule stating that, in accordance with former practice, the quorum for a congregational meeting is 10%. Then, it can go on to adopt a second rule, stating that Robert's Rules is the parliamentary authority for all matters not addressed by the Constitution of the PC(USA).

There's actually an easier way to handle this, though, with a single motion (as I describe below).

Furthermore, this is a classic case in which "Jenkins' Law" applies. The late Fred Jenkins was, at one time, our executive presbyter here in Monmouth Presbytery. Fred - who was both an attorney and a minister - left Monmouth to go on to fame and glory as Director of the Office of Constitutional Services in Louisville. Fred had a question he habitually asked, in certain situations in which a council (what we used to call a "governing body") was about to get itself tied up in knots. His question was: "Who's going to sue?"

Let's say a congregation's By-Laws make no mention of either quorum or Robert's Rules - or, worse yet, that a congregation doesn't have any By-Laws at all. Let's also say that congregation tarries, and doesn't hold a meeting until after July 10th. If it makes a good-faith effort at that time to set a reasonable quorum (especially the 10% quorum that, as years of minutes will show, they've been following since forever), and then goes on to establish Robert's as its parliamentary authority (which many successive Books of Order likewise show has historically been our steadfastly reliable guide), then there's not a court in this country, ecclesiastical or otherwise, who's likely to throw a wrench into the works because of such a technicality. And besides, as Fred would say: WHO'S GOING TO SUE, anyway? Who even cares about such a nit-picky point of procedure, when a congregation that takes the steps I've outlined above is doing the most reasonable thing, based on years of past precedent, in order to get through a transitional time?

Now, on to the solution...

Here's what I think all clerks of session ought to do, as we make the change:

1) Find the By-Laws, blow the dust off them, and see what they say about quorum and Robert's Rules. If they already address these matters, you're home free.

2) Failing that, at the next Congregational meeting, have someone propose this motion:

"With respect to any item that the new Form of Government leaves to be set as policy at the discretion of the Congregation, which was formerly included as part of the 2009-2011 Form of Government as amended by the 219th General Assembly (2010), that item is temporarily adopted as Congregational policy until superseded by further action of the Congregation."

Presto! You've just re-established everything that was in the old Book of Order with respect to how congregational meetings operate.

I wouldn't advise keeping that action in place forever, though. If you do, you'll eventually be carrying around a tattered, yellowed copy of the 2009-2011 Book of Order, with all the pages falling out, along with your latest copy of the nFOG. The intent of the change is that every council (formerly "governing body") of the church will go through a careful, deliberate process of writing a policies manual. (From the Presbytery, we'll be sending out guidelines and suggestions in the coming months to help you do so.) This enabling motion is just to buy some time to go through that process in a measured, unhurried way.

The Session ought to to adopt a similar version as well:

"With respect to any item that the new Form of Government leaves to be set as policy at the discretion of the Session, which was formerly included as part of the 2009-2011 Form of Government as amended by the 219th General Assembly (2010), that item is temporarily adopted as Session policy until superseded by further action of the Session."

If you want to, you can add a sunset clause to the end of the motion, saying that it remains in effect until, say, December 31, 2012. But, that's optional.

I think this is a reasonable way to proceed. If you're still concerned about it, of course, you could always suggest to the Session that they call a special congregational meeting before July 10. There's still plenty of time to do that.

Check Your Church's Wireless Microphones

OK, this item may seem a bit far afield from Clerk of Session concerns, but it does have to do with legal matters - so, I figure it's worth mentioning.

I've recently learned, from alert reader Bill Morris, that an FCC-imposed deadline is looming for any churches that use wireless microphones that broadcast in a certain frequency range. The government has reassigned that range - the 700MHz range, which extends from 698 to 806 MHz - to certain public safety agencies (police, fire departments, first aid squads, etc.). It can no longer be used for wireless microphones after June 12, 2010.

A series of special web pages on the FCC website provides more detail on this. The Frequently Asked Questions (FAQ) page at that site warns that serious consequences could result from continuing to use wireless equipment in this frequency range: "Using the 700 MHz Band for a wireless microphone (or similar device) after June 12, 2010 could be extremely dangerous and could even be life threatening. Police and fire departments, and other public safety groups, use frequencies in the 700 MHz Band. Interference from wireless microphones can affect the ability of public safety groups to receive information over the air and respond to emergencies. Harmful interference to these communications could put you or public safety personnel in grave danger."

If your church has a sound system, chances are there's a "techie" member who takes charge of it. It would be a good idea to remind that person to check any wireless microphones the church may have, and make sure none of them broadcasts in the 700MHz range. In some systems, the microphone's frequency can be seen on a little digital window in the microphone's battery pack. In others, it may be engraved on a small plate attached to it, or perhaps on the base unit.

In some systems, the frequency can be recalibrated by the user. In others, the unit may need to be sent in for service. In a few cases, it may be necessary to purchase new equipment.

If your wireless system is fairly new, chances are it's just fine. This change has been known about for several years now, and many microphone manufacturers have been planning for it. If your wireless system is an older one, though, there could be a problem. It's worth looking into.

More information may be found in this online article from Christianity Today magazine.