Mars Hill's Non-Disparagement Clause, the Attorney General, and Blowing Whistles in ECFA Organizations

For a long time, Mars Hill Church used non-disclosure and non-disparagement clauses to keep departing staff and pastors quiet about problems at the church. As it turns out, the church might have been violating Evangelical Council for Financial Accountability guidance in yet another way by the used of what former pastor Dave Kraft called a “gag order.” The ECFA provides a template for a church whistleblower policy. If the guidance in this policy (and elsewhere) is observed, whistleblowing should not lead to adverse consequences. However, former employees have described intimidation and threats and so it is clear that the ECFA guidance has not been followed.
Even though, the ECFA has been a paper tiger throughout the many revelations about Mars Hill, the guidance is worth examining. The ECFA provides a sample policy that churches such as Mars Hill can use. I am open to correction but I have not heard from any former pastor or employee that such information was ever communicated. The policy begins:

SAMPLE POLICY FOR A LARGER CHURCH

Policy on Suspected Misconduct, Dishonesty, Fraud, and Whistle-blower Protection
XYZ Church is committed to the highest possible standards of ethical, moral, and legal conduct. Consistent with this commitment, this policy aims to provide avenues for employees to raise concerns about suspected misconduct, dishonesty, and fraud and to provide reassurance that they will be protected from reprisals or victimization for whistle-blowing in good faith.

A reporting procedure is suggested:

Reporting
Employees and any other person who has a concern relating to suspected misconduct, dishonesty or fraud may make a report. The XYZ Church wants to hear of possible problems in these areas.
Concerns or suspected misconduct, dishonesty or fraud may be reported by telephone, email or regular mail, at the employee’s or reporter’s preference:
An employee may telephone: (—) — —-. We have retained an independent company to receive calls and descriptions of possible issues. Reports they receive will be forwarded to the Chairman of the Audit Committee.
An employee can email directly the Chairman of the Audit Committee at: _________.
An employee may write a letter to the Chairman of the Audit Committee at the following address:

The organization must provide a safe environment for blowing the whistle:

SAFEGUARDS

No Retaliation
No pastor, officer, or employee or other person who in good faith reports a violation shall suffer harassment, retaliation or adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This policy is intended to encourage and enable employees and others to raise concerns within the organization prior to seeking resolution outside the organization.
Additionally, no employee shall be adversely affected because they refuse to carry out a directive which, in fact, constitutes corporate fraud, or is a violation of state or federal law.
Confidentiality
Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation. Every effort will be made to protect the complainant’s identity.

This policy relates to people on the job. However, all former Mars Hill employees I have spoken with tell me that they never felt safe to press their questions or concerns very far. When Dalton Roraback asked questions about salaries and other financial matters, he was relieved of his position. Where was the ECFA when this happened?
According to the sample policy, there are clear issues at Mars Hill which could have been reported internally:

For purposes of this policy, the definition of misconduct, dishonesty, and fraud includes but is not limited to:

  • Acts which are inconsistent with ministry policy

  • Theft or other misappropriation of ministry assets

  • Misstatements or other irregularities in ministry records

  • Incorrect financial reporting

  • Misuse of ministry resources

  • Illegal activities

  • Immoral or unbiblical activities

  • Forgery or alteration of documents

  • Any other form of fraud

The Global Fund bait and switch, Result Source, year end offerings which were actually “hail Mary” offerings to bail out the general fund, using ministry funds to further Mark Driscoll’s book marketing, etc., are all issues that aroused concerns among staff and pastors.
As noted, the guidance above is aimed at existing employees. What about former employees? Recently, the ECFA removed two pages with guidance for the public (which would include former employees) from the organizational website. However, for now, a short section of guidance is on the FAQs page:

How does ECFA handle complaints?

Every day, ECFA receives inquiries from the public regarding ECFA member organizations. Occasionally, ECFA receives communication asserting inappropriate conduct on the part of a charity. We believe you should contact the ministry directly in an attempt to get a satisfactory answer from the ministry. Misunderstandings may easily be clarified with a telephone call, email or letter.
As a membership organization, ECFA will only accept complaints against member organizations. (Complaints against nonmember organizations should be directed to the state attorney general’s office.) The complaint should be in writing and signed. A request for anonymity will be honored. ECFA will be happy to discuss complaint issues over the phone, but will be unable to initiate any action based on a verbal complaint alone.
Complainants should identify the member organization and the standard violated. ECFA addresses and works through all complaints received. However, since membership is based on adhering to our Seven Standards of Responsible Stewardship™, ECFA can only take action against a member organization if it is shown that the ministry violated an ECFA standard.
Credible complaints relating to an ECFA Standard against member organizations will be investigated thoroughly. Complainants, however, must be aware that ECFA, through its Standards Committee and Board of Directors, interprets ECFA Standards, makes judgments relating to compliance with those standards, and determines a course of action if noncompliance is revealed. ECFA will not take punitive action in cases when it is not warranted.

What is the procedure for making a complaint or raising a concern about an ECFA member?

We believe you should contact the organization directly in an attempt to resolve the matter. Misunderstandings may easily be cleared up with a telephone call, email or letter.
If the matter cannot be handled by directly contacting the ministry, ECFA will accept a complaint against a member organization if the complaint is in writing and signed. If requested, your identity will be protected.
ECFA asks that the complainant identify a possible standard the ministry violated. ECFA addresses and works through all complaints received. However, since membership is based on adhering to our Seven Standards of Responsible Stewardship™, ECFA can only take action against a member organization if it is shown that the ministry violated an ECFA Standard. (emphasis added)

If an organization is not an ECFA member, the ECFA directs the public to the Attorney General’s office. This appears to be a subtle warning to non-member organizations. If you are not a part of the ECFA, complaints should go to the AG’s office.
As we have learned complaints to the ECFA don’t go very far. Partly as a consequence of the ECFA inaction and silence, some may now go to the AG in Washington. Joel Connelly, a Seattle Post-Intelligencer columnist, has called on the Washington AG’s office to investigate Mars Hill’s fundraising. At least one person who contacted the AG’s office was told that the office would investigate complaints against the church. I am aware of former members who have filed complaints.
In the end, the church may face the same consequences as if it had not been an ECFA member organization. One could make a case that this is fitting since they ECFA has not been transparent about the enforcement of its own standards with Mars Hill.
 
 

No Institute on the Constitution Club at Logan High School

Recently, the Institute on the Constitution used a video of an unidentified teacher to claim they had established another American club in a public school. (See below)

More recently, the IOTC posted a better produced video of the same teacher (an intervention specialist at Logan High School) and a student discussing how easy it is to start an American club in the public school.

As it turns out, the claim is false. The high school in question is Logan (OH) High School and there is no American Club at this school.
On Friday, I spoke with Jim Robinson, principal at Logan High School. He had not heard of the club and told me that no clubs by that name or with the themes of the American club had applied to be recognized at the school.
This false claim is not the first time the IOTC falsely claimed to have an American Club at an institution. In May 2014, the IOTC said an American Club had been formed at Calvin College. The college administration flatly denied that claim:

Bob Crow, Dean of Student Development, informed me that the Institute on the Constitution’s Director Michael Peroutka met with a small group of students when he visited campus. However, about an American Club, Crow said, “I can confirm that no such student organization exists at Calvin College.” Furthermore, given the affiliation of Mr. Peroutka with the neo-Confederate League of the South, Mr. Crow said, “it is unimaginable that such a group could exist here.”

Peroutka and the IOTC are using the American Club concept to raise “a money bomb.”

Prospective donors should know that there is no evidence that IOTC is a non-profit organization which means donations are not deductible. Furthermore, it is hard to know how donations could help establish American Clubs since it costs nothing to establish one in a school.
And in this case, there is no club.

More Specifics About Changes at Mars Hill Church: Localized Governance, Financial Clarity, Culture Change

Lone executive elder Dave Bruskas gets more specific about changes in the works at Mars Hill Church in this message on The City (and the website):
MarsHill Weekly101414
 
The full statement is here:

From Pastor David Bruskas:
Mars Hill,
While most of the recent attention surrounding our church has been focused on accusations against Pastor Mark, I along with your Lead Pastors, are painfully aware that we have an unhealthy culture in our church, and many of us have contributed. We love you very much Mars Hill, and it is our deep desire to begin a new chapter focused on new values. We ask for forgiveness from those who have been hurt by this church because of the culture we contributed to. We wish to move forward together knowing that we are a broken and repentant church in need of a forgiveness and restoration that only Jesus provides.
We are determined to honor the past work that Jesus has done through this church and those that have labored with us, while correcting and setting a new course for the future where he can be most glorified as we move ourselves out of the way.
During this time of transition, we have enacted a previously established plan in which I have committed to fulfill the role of interim Preaching Pastor, doing so as one of many voices on Sundays along with your Lead Pastors. However, I will not be functioning as a remaining Executive Elder, or even as a “first among equals”, but I will be working to facilitate decisions among many leaders.
As we work through needed changes, your Lead Pastors and I have committed to focus on three areas during this transition: localized governance, financial clarity, and cultural change. We will communicate with increasing detail in these three areas in the weeks to come.
Localized Governance
Going forward we intend to pursue a more localized governance and oversight model in our churches. As we move toward a new structure there is no desire to consider a continuation of the current model of leadership, including the Executive Elder roles and the Board of Advisors and Accountability. We are currently not considering an option where I would take over in Pastor Mark’s previous role. We intend to provide more self-determining freedom to our local churches in a way that empowers local leaders to direct the future of their churches.
Financial Clarity
In mid-November we will be releasing our 10th annual independent audit of our financial statements from this past fiscal year. This had been delayed as the auditors awaited the conclusion of the investigation into the allegations against Pastor Mark. We will be posting them to our website at marshill.com/stewardship and our desire is to continue providing better financial clarity going forward. Our hope and anticipation is that we will receive a good report. But if that isn’t the case, we will work openly and diligently to correct any problems.
Culture Change
We want to be leaders who are humble, repentant, accountable to you and each other, and who communicate openly and regularly to our members. We want to be known not only for preaching the truth, but also for living it out by loving others well. As the Board of Elders continue to glean the lessons learned during this season, we are confident this will lead to greater church health through deep cultural change. Please pray for us. Jesus is our Senior Pastor. He loves you dearly and we as your elders desire to serve you better. We need his gospel and the empowering presence of the Holy Spirit to become Jesus’ faithful under shepherds.
How You Can Participate
As we work towards a new future together in service to Jesus, we are still called to be the people of God in every arena of life. This means that it will be more important than ever that each one of us that calls Mars Hill Church home continues to operate in faithfulness through serving God’s people, giving generously to God’s work, and loving one another well.
We need your patience and prayers as we seek to live out our commitment to these areas of significant change in our church. Sunday we will again gather with our churches and worship, open the Bible and hear about Jesus and what he has done on our behalf.
Pastor Dave Bruskas

Bruskas indicated that the structure would not include the executive elders and Board of Advisors and Accountability but he was less than clear about his own status. From reading material from people who supported the old paradigm, I am aware that some Mars Hill members don’t want change. However, for those who do want change and to help bring along the entire group, it seems that even more openness is going to be required. For instance, the status of Mark Driscoll’s termination is still unclear. Did the Board of Elders find him to be disqualified? If so, then why did the BoAA lighten the verdict in such a way to allow Driscoll to resign with benefits? So many church members have taken sides over the past few months, it would be healing for them and others to know the facts.

Mark Driscoll Gets Prophetic Word at Gateway Conference

At the Gateway Conference this past week, Mark Driscoll took the stage for the first time since he left Mars Hill Church. There he proclaimed that he was looking for some “wise counsel” even as he had avoided the wise counsel of his Mars Hill Church elders.
Another highlight of the conference was a prophetic word from Jimmy Evans about Driscoll. According to a tweet from conference attendee Ashley Greenwood, Evans proclaimed that Driscoll’s best days are ahead of him:


If you click the Instagram link in this tweet, you will come to a picture of Evans talking to a standing Driscoll in the front row of the crowd. According to Greenwood, Evans said:

You lead a great movement as a brother, you will lead a greater one as a father, your later years will surpass your younger.

DriscollPropheEvans
The nice thing about prophetic claims is that they can be checked. If Evans is referring to Mars Hill Church as “the great movement as a brother,” then the claim is debatable given that Driscoll left the church in disarray and about to fragment. If Evans meant Acts 29 Network, then it obvious that the claim is wildly inflated in light of the network’s removal of Mars Hill due to Driscoll’s actions. In light of the facts, one could easily predict that his later years will surpass his younger.
Any port in the storm I guess. The apostolic crowd appears eager to incorporate Driscoll into their tribe.

Beginning Again at Mars Hill Church?

David Fairchild is lead pastor at the West Seattle location of Mars Hill Church. He posted a note to his congregation that somebody who is in charge of the website thought should be read by the rest of the Mars Hill community. While I am not interested in criticizing for the sake of being critical, I must confess that after the hopeful feedback from members yesterday, this communication seemed more like old school than change.
You can read it and draw your own conclusions. However, I surely wouldn’t bring up giving to this congregation unless there was some information provided first. Fairchild says:

3) GIVE. This is a sensitive subject during such a tumultuous time. But if we’re going to have a future church that is healthy and reproducible, the whole church needs to worship through giving. I know many have held their giving until the end of this investigation, but I want to encourage you to begin again. We’ll need a strong foundation to discern how to move forward. We want to make decisions that are based on accurate giving data which reflects where we truly are. Giving is an act of worship and good for our own soul.

Based on the outrage that hit my inbox today, this did not go over well.
I mainly post this to follow up on yesterday’s hopeful post about change. Apparently, we aren’t going to get a substantial statement as a follow up to the pastors’ meeting described by members earlier in the week.