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Hello…

I’ve had an opportunity to review the 2022 report and have 2 questions:

Pensions: Did the per member cost decrease from $37.20 from $42.96 and with the base starting at $7,704 for 207 members rather than $9,840 for 229 members, or are the former numbers for the USA Pension Plan?

Total Cash Salary: Why is the quartile chart 2022 the same as the one for 2021?

Yours in Christ,

Lubbert

********

Lubbert van der Laan, Clerk, Council, 

Trinity Christian Reformed Church

Hi Majorie...

Since I prepare an annual compensation report, it would be helpful to understand the rationale for aligning the Canadian pension assessment with the US assessment to when the report is presented at the Personnel Committee and Council.

Secondly, I would appreciate if the 2021 Quartile Salary Chart in the Report be updated to include the 2022 data. The information is pertinent as guideline to reviewing the pastor's salary grid, but more so as the church starts a recruitment process due to a retirement. Can I be emailed the data?

Though one can appreciate the COD / Canadian Ministries is working to address the alignment of CRC ministries with CRA / charity legislation – key to understanding developments on this matter are the reservations that have been expressed in communications to Synod 2020, but also in the Banner, Network, etc. To-date Canadian Ministries / COD has dismissed those expressed reservations. 

 

Now reservations are being expressed by a number of classes that the COD / CRCNA Canada Corp. / Canadian Ministries is operating outside of the parameters of Church Order as an appointed body of Synod, the oversight assembly. One might argue that the COD / CRCNA Canada Corp. / Canadian Ministries is appropriating “deliberative” functions that more properly belong with delegates at Synod, as one of three “assemblies” of the CRCNA. In particular see:

 

Postma, Gayla R. “Classis Watch: Fall 2020” Banner 2020-12-08

https://www.thebanner.org/news/2020/12/classis-watch-fall-2020

Classis Toronto will send a request to Synod 2021 to halt all proceedings related to the administrative restructuring of the Canadian CRCNA churches “as the actions taken by Canadian representatives serving on the denomination’s Council of Delegates and the CRCNA’s Canada Corporation are in violation of Church Order Article 27(a) and Article 28(c).” Classis Alberta South & Saskatchewan will send a similar request, as “such a move is unnecessary as the Canadian Revenue Agency (CRA) has not communicated that the CRCNA Canada is in violation of current tax law.”

Good afternoon...

My comments assume there is some missing information that might be helpful in providing an answer. The question indicates that the church is "technically" vacant, as per Church Order, even though it has two pastors. My assumption is that these pastors are not yet ordained CRC pastors.  As such, the classis to which the church belongs should have assigned a church counselor to provide advice on the calling of a pastor; and classical pulpit supply, if requested by the church to deal with baptisms, communion, etc. I would recommend your church council contact the appointed church counselor to seek their advice on how to more forward on this matter. Alternatively, classis is also required to appoint church visitors to each church for advice and counsel. Your church council could also seek their advice.

Rather than addressing the question of "membership" directly with a scriptural reference, I would like to suggest that there is a problem with the "Safe Church Policy" if a principal requirement is "membership in the church." What constitutes membership?

1. baptized;

2. completed profession of faith, but under 18;

3. active professing member, over 18;

4. inactive professing member; or

5. lapsed member.

Is a baptized child a member in the sense of being an "active professing member," i.e. one who has made profession of faith; has full voting rights at congregational meetings; can stand for office, etc. Do members in #2. & 3.- #5. meet the former criteria, even if they are membership categories. One might still want #2. - #3. to participate in the life of the church where the Safe Church Policy applies.

Secondly, can you think of a situation where someone might be worshipping with you for a short or longer period from another denomination who holds their membership where enfolding them into the membership of the Body of Christ on an interim basis only makes sense.

A Safe Church Policy should non-discriminatory in applying to members and non-members alike. 

I hope this take on the issue is of some assistance.

PS Maybe there's a deeper story behind the stance on membership. Personally, I know of someone who did not transfer their membership from their previous church due hurts arising in the former church and saw membership as problematic but wanted to be part of a worshipping community. 

CONFIDENTIALITY OATH

Section:         Administration                                                         File No.              3050-73

Draft:              [PC 2012.01.01/00]                                                Effective Date:  January 01, 2012                                                                                                                                

Coverage:     Staff                                                                           Review Date:    January 2014 AC

I, the undersigned, hereby agree not to divulge any information or records concerning any church and/or staff member without proper authorization in accordance with the Trinity Christian Reformed Church policies and procedures. I recognize that any discussion of. or release of, information concerning a church and/or staff member, to any unauthorized person is forbidden and may be grounds for legal and/or disciplinary action.

During the performance of my assigned duties, I will have access to confidential information required for the effective coordination and delivery of services. I agree that all discussions, deliberations, records, and information generated or maintained in connection with these activities will not be disclosed to any unauthorized person.

_____________________________________        _____________________________________

                                   Signature                                                      Name (Please Print)

Date: _______________________________

 

_____________________________________         _____________________________________

                     Clerk, Council, Trinity CRC                                        Name (Please Print)

Date: _______________________________

 

Reference: Trinity CRC – Protection of Personal Information Policies and Procedures

When serving on boards in Canada see: https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-1-individuals/series-1-individuals/income-tax-folio-s1-f5-c1-related-persons-dealing-arms-length.html 

In terms of this question, it is probably relevant to note that there is an ecclesiastical and civil law component to the question.

Church Order, Article 37 "...Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law" indicates that councils are also bound by civil and criminal law. (see also Church Order, Article 32, Supplement, Article 32-d) Since Duncan CRC is in British Columbia, the Society Act, etc. is applicable in this instance, and in particular Duncan CRC's Constitution & Bylaws. 

The elders and deacons are the directors of the corporation under civil law, and form the council under Church Order. The executive committee which may include elders and deacons constitute the officers of the Board under civil law. As noted below, the pastor may be part of the executive committee as an elder, but has ex-officio status being an employee, i.e. an non-voting member under civil law.

There may be occasions where the executive committee and/or board/council need to go into executive session which would require the staff/employees, i.e. pastors, etc. (non-voting members) to leave the room. Executive session is not the same thing as mutual censure. 

 

Though one would want to solicit input from all members in the congregation, the question of voting vs professing membership probably boils down to what the church Constitution & Bylaws define as who has voting rights which is guided by civil law. Church Order, Articles 4-c and 37 perhaps also give some guidance inasmuch as they refer to "adult" and "entitled."

Henry's observation "So that leaves it to the Church Order and local council to decide ecclesiastically rather than the more legal route of Articles of Incorporation.  Typically provinces and states allow congregations to decide this matter in its own way without dictating any particular voting age" is more than a little problematic.

Members who have "voting rights" would also be able serve as council/board members who can enter into legal contracts, hire employees, etc. which individuals under the age of majority, i.e. under guardianship cannot do. 

As such, civil law overrides ecclesiastical law. Or to put it another way, ecclesiastical law needs to follow civil law. In the same way Church Order, Article 27 requires council members to comply with the law, e.g. "Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law."

Regarding the matter of Articles of Incorporation (Constitution) versus Bylaws, the province of British Columbia has recently brought into force a new Societies Act which will require all NGO's, e.g. churches to revise their Constitution & Bylaws. Most matters that were formerly included in the Constitution will be required to move into the Bylaws.  

 

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