Saturday, March 28, 2015

for the sake of review, the amended 2011 by-laws on the role of the BoAA in distributing/selling assets in "not in the ordinary course of business".

http://wenatcheethehatchet.blogspot.com/2014/10/some-observations-about-sale-of-real.html
https://marshill.com/files/2014/09/04/MHC_2012_Bylaws.pdf
http://wp.patheos.com.s3.amazonaws.com/blogs/warrenthrockmorton/files/2014/03/MHC-BYLAWS-1.pdf
ARTICLE 7
BOARD OF ADVISORS & ACCOUNTABILITY

Section 7.16. Powers

In addition to those powers required to be exercised by the board of advisors & accoutnability under the Act, the board of advisors & accountability possesses the following enumerated powers:


(a) Alter, amend, or repeal and adopt new Articles of Incorporation or Bylaws;
(b) Oversee an evaluation of the performance of the executive elder team and approve the annual compensation for each member of the executive elder team;
(c) Appoint, retain, compensate, evaluate and terminate the Church's independent auditors;
(d) Establish the annual budget for the Church;
(e) Alter, amend, or repeal and adopt a new Conflict of Interest Policy for the Church;
(f) Indemnify an officer (or former officer), or make any other indemnification other than as authorized in the Articles of Incorporation and Bylaws in accordance with the Act;
(g) Adopt a plan of merger or adopt a plan of consolidation with another corporation;

(h) Authorize the sale, lease, or exchange of all or substantially all of the property and assets of the Church not in the ordinary course of business;

Let Wenatchee The Hachet red letter this next section for people who might miss the significance of this enumerated power ...

In other words, folks, if the BoAA were going to sell a ton of real estate while Mark Driscoll was on leave that wouldn't be a betrayal of Mark Driscoll, it would be the Board of Advisors & Accountability actually seeming to do its job for a change.  And who would have updated the bylaws in this way?  "Probably" Sutton Turner, who said in an interview that Mark Driscoll wasn't into updating bylaws or putting together policies and procedures and that's what Turner did for the church.  So if anyone at Mars Hill has heard that real estate may have been put on the market without any input from Driscoll during his leave of absence, maybe thank Sutton Turner for making that possible.  That is, of course, if Mars Hill made any decisions to sell off Martian real estate without consulting Mark Driscoll.  But under normal circumstances, well, be patient, we'll get to that inevitable observation in time.  Let's get back to the enumerated powers of the BoAA.

(i) Authorize the voluntary dissolution of the Church or revoke proceedings therefor;


(j) Adopt a plan for the distribution of the assets of the Church; or


(k) Make a material tax election under the INternal Revenue Code affecting the Church.

Any power not reserved for the full council of elders pursuant to Section 6.9 or the obard of advisors & accountability pursuant to this Section 7.16 shall be reserved for and be decided by the executive elder team.

So for those who may have wondered, the people authorized to sell, lease or exchange all or substantially all of the property and assets of the Church not in the ordinary course of business wouldn't be Justin Dean, couldn't be Justin Dean.  He's never been on the BoAA and has never been one of the legal officers of the church that can be documented.  The only people explicitly authorized to distribute or sell assets, if the by-laws count, would be members of the Board of Advisors and Accountability.

So whoever is currently on the Mars Hill Board of Advisors & Accountability... it would seem to be them.  News coverage and blogging has tended to focus on names like Dean, Driscoll, Gross, and folks who had little to do with the initial authorization that would have been necessary.  If Dean was given the information to distribute Dean wasn't a member of the BoAA and would have had to have gotten permission or authorization from someone on the BoAA to be able to distribute the list, if Dean had a list to distribute.

Or at least it seems like it would help clear things up.  Justin Dean's even being in a position to speak about a list seems to necessitate asking how he was in a position to either have a list of names that could be sold or know about a resource that was selling the list.

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