Bell v. Ivory

966 F. Supp. 23, 1997 U.S. Dist. LEXIS 8407, 1997 WL 329589
CourtDistrict Court, District of Columbia
DecidedJune 11, 1997
DocketCivil Action 96-01084(SS)
StatusPublished
Cited by13 cases

This text of 966 F. Supp. 23 (Bell v. Ivory) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bell v. Ivory, 966 F. Supp. 23, 1997 U.S. Dist. LEXIS 8407, 1997 WL 329589 (D.D.C. 1997).

Opinion

MEMORANDUM OPINION

SPORKIN, District Judge.

This matter is before the Court on Defendants’ Motion for Summary Judgment 1 and Plaintiff’s opposition thereto. The Court heard oral argument on May 29, 1997 and has considered all of the parties’ submissions. For the reasons stated below, the Court will grant Defendants’ motion for summary judgment in all respects.

FACTUAL BACKGROUND 2

The Defendant organization Interfaith Impact for Justice and Peace (“IIJP”) was formed in 1990 for the purpose of advancing various public policy concerns. Plaintiff, an ordained minister of the United Church of Christ (“UCC”), was hired in 1991 as executive director of IIJP. Underlying this case is the circumstances surrounding Plaintiff’s June 1995 termination from that position.

*26 The Defendants

The individually named defendants, with the exception of Jerald Scott, are members of the Board of Directors of IIJP (“HJP Board”), each representing various religious denominations. Defendants Elenora Gid-dings Ivory, Lionel Derenoncourt and Vernon Broyles 3 represent the Presbyterian Church (U.S.A.). IIJP Board chair Jane Hull Harvey and Anna Rhee, represent the United Methodist Church. James Lintner represents Plaintiff’s church, the UCC.

IIJP leases space in a building on Maryland Ave., NE, Washington, D.C. owned by the United Methodist Church. The building is managed through the Methodist Church’s General Board of Church and Society (“Methodist General Board”). As well as being chair of the IIJP Board, defendant Harvey is Assistant General Secretary of the Methodist General Board. Former defendant Scott is an employee of the Methodist General Board.

Hiring of Plaintiff

The IIJP Board voted to hire Plaintiff as executive director in June 1991. Plaintiff began working in the position in August 1991. The terms of Plaintiffs employment were memorialized in a October 4,1991 letter to Plaintiff, addressed from Defendant Ivory. 4

In summary, the October 4 letter: (1) welcomed Plaintiff to IIJP; (2) recognized that the local chapter of the UCC would have the ability to review the terms of the agreement; (8) stated that the “terms of [Plaintiffs] employment [would] be governed by the [IIJP] Personnel Policy ... except where modified by this letter”; (4) detailed Plaintiffs salary and social security offset; (5) stated that IIJP would make payments to Plaintiffs UCC pension plan, rather than covering Plaintiff under the IIJP plan; (6) noted that Plaintiff was receiving health coverage from UCC; (7) stated that the IIJP would cover Plaintiffs moving expenses; and (8) stated that benefits not addressed in the letter were to be as set forth in the IIJP Personnel Policy. 5

IIJP’s financial collapse and subsequent RIF of employees

Although there is dispute over who knew what, and when, it is clear that IIJP had various financial problems for most of its existence. These problems came to a head on May 8,1995, when Ivory wrote a letter on behalf of the Presbyterian Church to IIJP Chair Harvey. In the letter, Ivory expressed her church’s great concern at the financial status of IIJP. She informed Harvey that the Presbyterian Church would not provide any funding to IIJP in 1996 and would only complete its 1995 obligations if the IIJP Board took steps to lay off its staff, and pay off its debt. The Presbyterian Church was one of IIJP’s major contributors. In a May 15, 1995 reply addressed to Ivory, Defendant Harvey expressed her disappointment at the Presbyterian’s decision to withdraw financial support, claiming that in doing so, Presbyterian members of the Board had shown a total disregard for the Board’s efforts to find a solution to IIJP’s problems. She went on to state that by publishing the letter to others, the Presbyterians’ had made it “very difficult to raise any new money.”

On June 16, 1995, the IIJP Board held a meeting to discuss its options. Three possi *27 ble courses of action were presented: (1) keeping IIJP operating with a small paid staff, including Plaintiff; (2) terminating the paid staff and keeping the IIJP in operation with a volunteer staff; or (3) terminating all staff. In a straw ballot, 16 of 28 Board members voted for Option 2. The Board then» voted 20 to 6 to accept the results of that straw ballot. Finally, the Board voted 21 to 1, with four abstentions, “to terminate 'imp Bell, as executive director, and the remaining staff as [a] reduction in force as of June 16, 1996.” Minutes of June 16, 1995 IIJP Board Meeting at 6.

In a June 23, 1995 letter to the Plaintiff, IIJP Personnel Committee chair James McDonald confirmed the June 16 RIF and provided details of Plaintiffs severance package,' which included 60 days of salary, four ■vjjgeks of severance pay, two-and-a-half weeks ofp vacation pay and some pension benefits. 6 ' In the letter, McDonald stated “it is my understanding that your contract is in agreement with [the severance provisions of the Personnel Policy manual].”

Alleged removal of furniture from TIJP offices

In July 1995, Defendant Harvey allegedly discovered that several pieces of furniture were missing from the IIJP offices. She raised the matter of the missing furniture at a Methodist General Board staff meeting, asking if anyone knew about the matter. Former Defendant Scott was at the meeting. She reported that on Saturday, June 24, 1995, shortly after Plaintiffs termination, she saw Plaintiff removing furniture from the IIJP offices, using the passenger elevators. Scott claims she spoke to Plaintiff at the time. 7

On July 26, 1995, at Harvey’s request, Scott prepared a memorandum describing the events of June 24. As she had at the meeting, Scott described seeing Plaintiff move furniture. She did not claim that he was moving IIJP furniture and certainly did not claim he was “stealing” anything. Scott did assert that the incident caught her attention because moving furniture in the passenger elevator is generally unauthorized under budding rules.

Although Scott’s memorandum was addressed “to whom it may concern,” it was transmitted to Harvey. Harvey, in turn, transmitted the information to two people: her superior, Martha Cline, Associate General Secretary of the Methodist General Board 8 and Anne Spielberg, IIJP’s attorney.

4 In the same June-August time period, Plaintiff was engaged in correspondence with IIJP, grieving his termination. In a series of letters, Spielberg and Plaintiffs counsel debated the merits of Plaintiffs claims against IIJP. Included in those letters were IIJP’s allegations that Plaintiff had removed furniture that did not belong to him and Plaintiffs denial that he had done so.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nanko Shipping, USA v. Alcoa, Inc.
107 F. Supp. 3d 174 (District of Columbia, 2015)
Spacesaver Systems, Inc. v. Adam
98 A.3d 264 (Court of Appeals of Maryland, 2014)
Lefande v. District of Columbia
864 F. Supp. 2d 44 (District of Columbia, 2012)
Shelton v. the Ritz Carlton Hotel Co., LLC
550 F. Supp. 2d 74 (District of Columbia, 2008)
Daisley v. Riggs Bank, N.A.
372 F. Supp. 2d 61 (District of Columbia, 2005)
Abbey v. Modern Africa One, LLC
305 B.R. 594 (District of Columbia, 2004)
Riggs v. Home Builders Institute
203 F. Supp. 2d 1 (District of Columbia, 2002)
Brug v. National Coalition for the Homeless
45 F. Supp. 2d 33 (District of Columbia, 1999)
GTE New Media Services, Inc. v. Ameritech Corp.
21 F. Supp. 2d 27 (District of Columbia, 1998)
Bell v. Presbyterian Church (U.S.A.)
126 F.3d 328 (Fourth Circuit, 1997)
Bell v. Presbyterian Church
126 F.3d 328 (Fourth Circuit, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
966 F. Supp. 23, 1997 U.S. Dist. LEXIS 8407, 1997 WL 329589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-ivory-dcd-1997.