Saturday, August 16, 2014

a question about Article 12, section 12.1 of the Mars Hill Church amended bylaws from 11-08-2011 does Mark Driscoll even have an employment agreement with mars Hill Church?

http://wp.patheos.com.s3.amazonaws.com/blogs/warrenthrockmorton/files/2014/03/MHC-Bylaws-11-08-11.pdf
pages 18-19
Article 12
Board of Overseers

Section 12.1. Constitution. In the event that a formal charge and/or accusation is made against the primary preaching and teaching pastor for the Church that, if investigated and found to be true, would disqualify him from his position as an elder in the Church based on the Biblical requirements of an elder, the board of elders shall refer the charge and/or accusation to the board of overseers. The board of overseers shall have authority to investigate any such charge and/or accusation. If the board of overseers determines that the charge and/or accusation is true, the board of overseers can vote to rebuke the primary preaching and teaching pastor or, if warranted, remove the primary preaching and teaching pastor as an elder of the Church (in which case he shall automatically be removed as a member of the board of elders and his employment with the Church shall be terminated for cause under the terms and condition set forth in any employment agreement entered into between the primary preaching and teaching pastor for the Church and the Church) [emphasis added]

Okay, so here's a question. That highlighted section looks interesting.  It says that if the board of overseers determines that if a charge or accusation against the primary preaching and teaching pastor of Mars Hill Church turns out to be true then a rebuke will be made or, if warranted, the Board of Overseers will removed said pastor as a member of the board of elders and his employment with the Church shall be terminated for cause UNDER THE TERMS AND CONDITIONS SET FORTH IN ANY EMPLOYMENT AGREEMENTED ENTERED INTO BETWEEN THE PRIMARY PREACHING AND TEACHING PASTOR for the Church and the Church.

That is a potentially a very big "if".   Driscoll can be thought of as basically self-employed.  It is evident by now that not only is he not planning to quit but nobody can fire him.  In spite of the evidence of plagiarism, in spite of the admission that Result Source was hired, in spite of the admission that a lot of firings happened and that gag orders were used, in spite of all those things there has apparently not been a single thing that has come to light in the last two or three years that either Mark Driscoll or the executive elders or the Board of Advisors and Accountability considered problematic enough to raise any concerns.  Nevertheless "if" there were such charges and such evidence, even what the Board of Overseers could do appears to be entirely contingent on the terms and conditions set forth in any employment agreement entered into between Mark Driscoll as primary preaching and teaching pastor for Mars Hill Church and ... Mars Hill Church. 

Let's revisit that for a bit.  Filing date was back in 1995. 
http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601677819

UBI Number 601677819
Category                            REG
Profit/Nonprofit                Nonprofit
Active/Inactive                 Active
State Of Incorporation     WA
WA Filing Date               12/22/1995
Expiration Date               12/31/2014
Inactive Date 
Duration Perpetual

President
Driscoll, Mark
1411 NW 50th Street
SEATTLE, WA 98107
Secretary
TURNER, JOHN SUTTON
1411 NW 50TH ST
SEATTLE, WA 98107

Treasurer
TURNER, JOHN SUTTON
1411 NW 50TH ST
SEATTLE, WA 98107
Vice President
Bruskas, Dave
1411 NW 50th Street
SEATTLE, WA 98107

So he's had nearly nineteen years since the filing date to have some second thoughts.

Even the technical language of Section 12.1 is predicated on the conditional option of removing Mark Driscoll from employment for cause under the terms and conditions set forth in any employment agreement entered into between Mark Driscoll and Mars Hill Church that we cannot be sure even exists. Does such an employment agreement exist? Then let Justin Dean publish it somewhere for the world to see. If there isn't a formal employment agreement between Mars Hill Church and Mark Driscoll the conditional wording in the by-laws  of section 12.1 might as well be about the proper way to marinade the meat of a unicorn.

No comments: