Mills v. Standing General Commission on Christian Unity

39 Misc. 3d 296, 958 N.Y.S.2d 880, 2013 NY Slip Op 23025, 2013 N.Y. Misc. LEXIS 299
CourtNew York Supreme Court
DecidedJanuary 29, 2013
StatusPublished
Cited by1 cases

This text of 39 Misc. 3d 296 (Mills v. Standing General Commission on Christian Unity) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mills v. Standing General Commission on Christian Unity, 39 Misc. 3d 296, 958 N.Y.S.2d 880, 2013 NY Slip Op 23025, 2013 N.Y. Misc. LEXIS 299 (N.Y. Super. Ct. 2013).

Opinion

OPINION OF THE COURT

Charles E. Ramos, J.

In motion sequence 005, defendants Standing General Commission on Christian Unity and Interreligious Concerns (GCCUIC) and Stephen J. Sidorak, Jr. move pursuant to CPLR 3212 for summary judgment to dismiss the action.

Background

This case arises from the alleged improper termination of the employment of the plaintiff W Douglas Mills (Mills) as associate general secretary of dialogue and interfaith relations (associate general secretary) for the GCCUIC, a program-related agency of the United Methodist Church (the Methodist Church).1 The Book of Discipline of the United Methodist Church (2008) (the Book of Discipline) established the GCCUIC and describes its purposes, responsibilities, organization, church authority and powers. The Book of Discipline sets forth the law and doctrine of the Methodist Church. The introduction to the Book of Discipline describes it as:

“[T]he instrument for setting forth the laws, plan, polity, and process by which United Methodists govern themselves . . . It is the most current statement of how United Methodists agree to live their [298]*298lives together. It reflects our understanding of the Church and articulates the mission of the United Methodist Church . . . [It] defines what is expected of its laity and clergy as they seek to be effective witnesses in the world as a part of the whole body of Christ.
“This book of covenant sets forth the theological grounding of [the Methodist Church]” (Book of Discipline at v; Sidorak aff, exhibit A).

As established by the Book of Discipline, the GCCUIC is an agency that addresses the interreligious and ecumenical concerns of the Methodist Church. The Book of Discipline describes the purpose of the GCCUIC as follows:

“Purpose — The [GCCUIC] shall exercise its ecumenical leadership role in seeking to fulfill two major responsibilities in the context of the search for the unity of the human community and the renewal of creation:
“1. To advocate and work toward the full reception of the gift of Christian unity in every aspect of the Church’s life and to foster approaches to ministry and mission that more fully reflect the oneness of Christ’s church in the human community.
“2. To advocate and work for the establishment and strengthening of relationships with other living faith communities, and to further dialogue with persons of other faiths, cultures, and ideologies” (id. at 676, ¶ 1902).

Organizationally, the GCCUIC has a Board of Directors, under which sits an Executive Committee, followed by other standing committees. The general secretary sits on the Executive Committee and the associate general secretary works under the general secretary.

The terms of Mills’ employment as associate general secretary are found in the Book of Discipline and in the personnel policies and procedures (the Personnel Manual) as enacted by the GCCUIC. The Book of Discipline describes the associate general secretary as the “associate staff officer” of the GCCUIC, an “executive staff” position (id. at 476, ¶ 703.7). Individuals hired to this position are elected by the GCCUIC, but the Book of Discipline provides conflicting information with respect to the timing of elections. Prior to 2008, paragraph 713 of the Book of Discipline provided for the election of associate general secretaries to occur annually (rule 19-a statement ¶ 25).

[299]*299In 2008, this provision was amended to provide for election of associate general secretaries to occur quadrennially. This contradicts paragraph 1905.6 which provides that associate general secretaries shall be elected by the general commission “annually by ballot” (Book of Discipline at 679, ¶ 1905.6; Sidorak aff, exhibit A). The Book of Discipline does not contain any reference to duration or term of employment post-election.

As a prerequisite to employment, the Book of Discipline requires that associate general secretaries shall be “professing members of The United Methodist Church” and

“shall be persons who model themselves after the servanthood of Jesus Christ. They shall be persons of genuine Christian character who love the Church and are committed to the oneness of the body of Christ, are morally disciplined and shall uphold the doctrinal and ethical standards of The United Methodist Church as set forth in the Doctrinal Standards and Social Principles, and are competent to administer the affairs of a general agency” (rule 19-a statement ¶ 29).

A detailed description of the associate general secretary’s duties is outlined in a GCCUIC internal memo that the defendants submitted in support of their motion (Traub aff, exhibit E, exhibit 18 to Mills deposition). In deposition testimony, Mills confirmed that the memo contains a job description for the position for which he later applied (Traub aff, exhibit E at 190). As described in the memo, the focus of the position is to “promote and further theological dialogue with other Christian Communications and interfaith partners” (id. exhibit 18). The memo lists duties and responsibilities for the position such as “Organizes work in bilateral dialogues and interfaith relations,” “Develops plan of action for dialogues in cooperation with partners,” and “Represents the agency, as required.”

Under the heading “Skills and Education Desired,” the memo indicates that a Master’s level education in theology, experience with ecumenism and interfaith relations, and “[tjheological acumen” are required (id.). Finally, the memo describes the position as a “Decision Making Role” and lists job duties that include making recommendations for “educational and programmatic resources,” conferring with the general secretary concerning ecumenical concerns and making recommendations to various committees, and conferring with other GCCUIC staff and with “ecumenical partners on critical issues concerning the expansion of dialogue initiatives” (id.).

[300]*300Regarding employee termination, the Book of Discipline provides that the councils, boards, committees, or commissions elected, authorized, or provided for by the General Conference, including the GCCUIC:

“[Sjhall have full power and authority to remove and dismiss at their discretion any member, officer, or employee thereof:
“1. Who has become incapacitated so as to be unable to perform official duties.
“2. Who is guilty of immoral conduct or breach of trust.
“3. Who for any reason is unable to or who fails to perform the duties of the office or for other misconduct that any council, board, committee, or commission may deem sufficient to warrant such dismissal and removal” (Book of Discipline at 488, ¶ 711; Sidorak aff, exhibit A).

Additionally, the Personnel Manual contains the following “at will” language:

“All employees of the GCCUIC are employed at will and not by contract. Employment at will means you and the GCCUIC are each free to terminate the employment relationship at any time without notice and for any reason.

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

Related

Church Mutual Insurance Co. v. Ma'Afu
657 F. App'x 747 (Tenth Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
39 Misc. 3d 296, 958 N.Y.S.2d 880, 2013 NY Slip Op 23025, 2013 N.Y. Misc. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mills-v-standing-general-commission-on-christian-unity-nysupct-2013.