Washington Law and Dustin Kensrue to Mars Hill Church: Release the Bylaws

Former Mars Hill Church Director of Worship Dustin Kensrue resigned on Monday. His letter of resignation was posted yesterday. In it, Kensrue offered several suggestions to current members. I want to focus on his suggestion about church bylaws: Kensrue wrote:

What Else Can You Do?
• Ask questions and share your concerns with your pastors, especially your lead pastor.
 Ask to see the bylaws and study them yourself. If any church will not share it’s bylaws, it’s probably not safe to trust that church. MH has gone so far as to deny the current bylaws to elder candidates (myself included) on the explicit order of Sutton Turner, and when I wanted to see them as an elder, I had to look online where they had been “leaked.” (emphasis added)

This blog is one such place where one can review the Mars Hill bylaws (click the link).
Consistent with Kensrue’s report, I have been told by current and former members that requests to see the bylaws have been denied by Mars Hill pastors. However, keeping people (see below, Mars Hill elders) away from the bylaws may violate Washington law. According to the Washington Nonprofit Corporation Act, members must have access to organization bylaws:

24.03.135
Required documents in the form of a record — Inspection — Copying.
Each corporation shall keep at its registered office, its principal office in this state, or at its secretary’s office if in this state, the following documents in the form of a record:
(1) Current articles and bylaws;
(2) A list of members, including names, addresses, and classes of membership, if any;
(3) Correct and adequate statements of accounts and finances;
(4) A list of officers’ and directors’ names and addresses;
(5) Minutes of the proceedings of the members, if any, the board, and any minutes which may be maintained by committees of the board.
The corporate records shall be open at any reasonable time to inspection by any member of more than three months standing or a representative of more than five percent of the membership.
Cost of inspecting or copying shall be borne by such member except for costs for copies of articles or bylaws. Any such member must have a purpose for inspection reasonably related to membership interests. Use or sale of members’ lists by such member if obtained by inspection is prohibited.
The superior court of the corporation’s or such member’s residence may order inspection and may appoint independent inspectors. Such member shall pay inspection costs unless the court orders otherwise.
[2004 c 265 § 14; 1986 c 240 § 24; 1967 c 235 § 28.] (emphasis added)

Most churches have their bylaws readily available for review. Mars Hill Church leaders keep them under cover. This should be a huge red flag.
About a week ago, I asked Dan Busby, the president of the Evangelical Council for Financial Accountability, if member organizations were allowed to keep bylaws from members but he did not reply. Guidance for churches on the ECFA website appears to require disclosure of bylaws:

Standard 5 – Transparency – Every member shall provide a copy of its current financial statements upon written request and shall provide other disclosures as the law may require. The financial statements required to comply with Standard 3 must be disclosed under this Standard. (emphasis added)

Washington law requires bylaws be available for review. Unless there are special exemptions for churches, it appears that Mars Hill Church is at odds with state law and out of compliance with ECFA guidelines. I should also point out that the seven member self-perpetuating Board of Advisors and Accountability can change the bylaws without approval of the Full Council of Elders or the congregation.
Additional Information: In re-reading the post, there is a component of the story that I should have included the first time around. While it does not change the general thrust of the post, I need to add some information to this call to release the bylaws.
It seems apparent that the authors of the Mars Hill Church bylaws were familiar with WA state law. In Article 4, the bylaws distinguish between “spiritual” members and members for the purpose of state law.
Article4
Mars Hill Church calls people who take the membership covenant “members” but not “members for state law purposes.” Even though the people who agree to the membership covenant are supposed to tithe, give money beyond their tithes, volunteer, support the pastors, etc., they are not “members for state laws purposes.” In other words, they are not entitled to get bylaws and other information that the actual members are supposed to get. In this case, the bylaws labels elder as being “members for state law purposes.” I wonder how many “members” not “for state law purposes” know that they aren’t really legal members of the church? Give time, talents and tithes, support the pastors but members can’t vote or even have access to the rules which govern the body to which they pledge a covenant.
As noted in Kensrue’s resignation letter, the leadership of Mars Hill Church has kept the bylaws even from the legal members which appears to be a violation of state law and ECFA guidance. It seems to me that congregation members could challenge the viability of their membership covenant since they really aren’t joining an organization where they have any participation in governance.
Kensrue also discussed how the bylaws inform the examination of charges against Mark Driscoll. In a related post, later today, I will look at what Kensrue has to say about that in comparison with the bylaws.

Mars Hill Church Director of Worship Dustin Kensrue Resigns

One of the nine elders who called on Mark Driscoll to enter an elder directed restoration process has resigned from Mars Hill Church. Director of Worship Dustin Kensrue resigned on Monday and issued a statement today. Reportedly, two other signers of the letter addressed to their peers at Mars Hill have also resigned. Sources in a position to know tell me that Gary Shavey and Adam Ramsey have also resigned. With these resignations, four of the original nine have now either resigned or been relieved of their position.
Kensrue was the leader of the band Thrice and also led worship at Mars Hill Orange County until he moved to Seattle in 2012 to take on the job of leading Mars Hill Music. Kensrue’s artist profile remains up on the Mars Hill website but his pastor profile has been removed (see it via Google cache).
The statement is at the link and provides an explanation for why Kensrue is resigning now. Rather than take parts of it here or reproduce the whole thing, I recommend that you click through and read it for yourself.


UPDATE: After having read the letter, I want to punctuate it with several segments. Kensrue essentially validates the concerns I have expressed repeatedly as have others. The Mars Hill Church Full Council of Elders has almost no authority and cannot bring accountability to the situation. Kensrue wrote:

So, what’s the answer to the question “what can your elders do?” Simply put, sadly not much. This is why we’ve looked pained when you’ve have asked us what we are going to do about all of this. There is nothing we’ve been able to do except bring the issue to our lead pastor. He in turn can bring it to his lead pastor coach. The coach in turn can bring it to the EE. As far as I’ve seen, if it ever reaches this point the concern is generally ignored and floats away into the ether. At other times recently, we have been told that certain subjects (e.g. the church’s
polity in general) were off the table completely.
This should concern you. Your pastors, who are on the ground with you, who know you, who care for you, who pray with you, and in whom you trust – these men have essentially no voice and no vote in what happens with your church as a whole, and the leadership is actively trying to limit the voice that they do have. If your pastors had a voice and a vote, do not think that the last year would have looked a bit different? Do you not think they would have done something? While the problem with the lack of transparency is huge, the problems with our broken view of eldership and our broken bylaws are more foundational problems.

The clear message from Kensrue is that nothing has changed and the process is rigged. I didn’t say it, he did.
 

Former Mars Hill Church Members Speak Out About Church Finances

I recently talked with a couple who were members and leaders at Mars Hill Church from 2003 to 2012.* The couple was involved in leading Community Groups and the wife served as a Deacon in the counseling ministry. While there, they donated to the both the Global Fund and the General Fund and assumed that much of the money given to the Global Fund was going to support international mission efforts. The wife told me:

We definitely had an expectation that our gifts were going to global missions. My husband and I have always had a heart for missions. We have adopted from Uganda and for years tried to encourage the church to start an adoption or orphan care ministry. I started my career in international development and now work in social enterprise. We were always trying to encourage the church to do more in the area of mercy and justice. So when they announced the global fund we were hopeful it was the beginning of something.

When Sutton Turner introduced the Ethiopian ministry to the church in 2012, many assumed the Global Fund was going to be the international mission outreach of the church (just as the church said on its website). And as I have demonstrated with Mars Hill’s own video promotions, the leaders told the members that Mars Hill Global was the church’s ministry for international missions. It is no surprise that the members took that at face value. One former staffer in the finance department went on the record to say that the fund was a restricted fund. However, the church has not made an accounting of those funds available to donors or the media.
The couple had other concerns as well. The wife said they had questions about transparency around the church’s finances:

When we joined Mars Hill, there was an open book policy regarding church finances. We felt comfortable giving both because we trusted the Elders at the time and because we knew we could see how money was being spent if we had questions. This all changed. By the time we left the church in 2012, we felt upset about the secrecy surrounding Executive Elder salaries and spending on music videos, world travel, music and video production equipment, not to mention the promotion of Mark Driscoll’s books. We were frustrated that the church was cutting support for programs that were meeting real needs in our community, such as coat drives for the homeless.
At Mars Hill, we were taught that everything we have belongs to God and we are called to be stewards. This is how we try to live our lives, and we assumed our church would be doing the same. We feel both sad and discouraged as we discover more about how church has spent money from both the General Fund and the Global Fund.

The couple referred to a story I continue to explore. Multiple sources have told me that one Seattle campus was discouraged from holding a drive to donate coats to homeless individuals because other core functions were insufficiently met in the eyes of the executive pastors. Of course, Mars Hill won’t comment and those who have first hand knowledge prefer not to go on the record. However, the story is one I frequently hear.
Currently, members are being asked to give more to help make up for a financial short fall. The church is blaming the decline on “negative media attention.” However, in addition to problems which are now documented, I suspect giving is suffering because some members wonder where their donations are being used. In addition, I recently spoke to three current members who simply asked their pastors for a copy of the church by-laws. According to these members who remain anonymous because they fear retaliation, their request was refused. This is difficult to understand, and probably does not inspire confidence or enthusiastic support financial or otherwise.

*Due to concerns about a conflict of interest involving a current employer, the couple prefers to remain unnamed.

Briefs and Updates: Uganda, Scott Lively, Mars Hill Church, IOTC and Steven Sotloff

I am not surprised that Uganda’s Parliament will again debate an Anti-Homosexuality Bill. The world famous bill passed Parliament late last year and was signed by President Museveni earlier this year only to be thrown out by a Ugandan court due to a procedural problem during passage.
[youtube]http://youtu.be/F5Jll-VG0JA[/youtube]
Scott Lively says he’ll drop out of the MA governor’s race if his tea party opponent wins the GOP nomination. Reaction from the rest of MA? Crickets.
In light of Mark Driscoll’s 6 week break, September’s Mars Hill Church vision breakfast has been cancelled.
Instead of executive elder Dave Bruskas, Josh McPherson of Grace City Church in Wenatchee, WA will preach this Sunday at Mars Hill Church – Bellevue.
I note the following tweet and am working to confirm:


 
MD Del. Herb McMillan wants to make it very clear that he does not endorse Michael Peroutka for Anne Arundel County Council. If only GOP Attorney General candidate Jeffrey Pritzker would be as vocal. In light of Peroutka’s statement impying that Pritzker agreed with his views, I wrote Pritzker a couple of days ago for a clarification. So far no answer.
Join me in prayer for the family of Steven Sotloff.

Mars Hill Bellevue Pastor Thomas Hurst Calls Church to Rebuild From Top Down or Close

Mars Hill Bellevue’s pastor Thomas Hurst posted a message to his Bellevue congregation which has appeared this morning on various Facebook pages and Reddit.  The note is reflective and interesting for those who are trying to make sense of the many recent moves at Mars Hill. To read the entire note, see the Reddit posting. I will pull out a few points of interest to me but with little commentary. The note is striking in that Hurst does not criticize much. Rather he calls leaders to repentance.

While we must always keep a long view of God’s story, we absolutely cannot in any way overlook, dismiss, ignore, or pretend that we are not where we are and that we, the leaders of this church, past and present, from top to bottom have to take individual and collective responsibility for where we are today as a church without excuse. We must own our sin, seek repentance and reconciliation. We must do this not so it will allow us to leave the storm, but because the storm will not leave us until we repent and change.

Hurst rightly says the process of dealing with the many allegations will not be a “quick fix.” This is because there are many allegations, and the people called to examine them are busy, some with full-time jobs. In addition, he does not believe the church should curtail evangelism activities. Hurst asserts:

At the same time we are still called as a church to preach and teach the word and manage the day-to-day needs of 15 churches that exist in five states. Do not get me wrong – this process has to be our highest priority, but we must also keep the preaching of the gospel, reaching people, and loving them well as a high priority also. We cannot rush through this process by assuming all the accusations are insignificant or label them as criticism, nor can we shutdown the church to only focus on accusations. We must do both at the same time, with the leaders we have today and of whom are best suited to help us walk through this healing process in an honest, faithful, detailed way. I believe the men we have today are the best men right now.

I suspect he would get some debate on that last point from some of the ex-Mars Hill pastors and perhaps some of the current ones. However, Hurst assures the congregation that he will speak up if he comes to believe the elders charged with examining the charges are not doing so fairly. Hurst disagrees with the method of raising charges used by the nine elders who wrote their letter quoting Paul Tripp. However, he adds:

Also, I want all of you to know that I do not believe there is anything wrong with these men having different convictions or beliefs about the state of our church, the quality of leadership that currently exists, or what steps we should take to be healthy. While I don’t agree with them on every issue and I may even stand on different sides with my own convictions, that does not make these men bad or wrong in their convictions, and it does not preclude them from continuing in their current roles as elders. It makes us brothers disagreeing on how best to battle for the same thing – owning our sin and seeing healing and repentance in and outside our church so the Gospel can go forth without barriers from within.

In many organizational conflicts where leadership is on one side and a group calling for change is on the other side, another group emerges composed of people who can see good points on both sides. Often they see enough good on each side that they cannot align with either one. They see the conflict as the problem (“barrier from within”), and hope to resolve that without one side losing. Here Hurst validates the nine pastors who signed the letter calling for Driscoll to enter a restoration plan, even as he expresses disagreement with them on certain unspoken points. Hurst closes his note by calling for a new foundation and expressing hope that the church will change or close:

Lastly, in the end there are only two outcomes I will continue to partake in – seeing our church faithfully rebuilt, with love and grace from the top down, or turning off the lights and locking the doors if God brings our church to an end. As a Christian who has experienced God’s ability to move mountains in the hearts of men, I do not think it is very wise for us to look at yesterday and then presume we know what tomorrow will bring. God will show us what tomorrow will be and we will make our decisions then. In the meantime we are family and I have hope for our family because I have hope for our God.

 It is perhaps ironic to close with a quote from Mark DeMoss who was recently called in to assist the church with crisis management:

We believe what most consider to be “PR problems” are really management problems that have become public.

The bold move taken by the nine pastors has changed the atmosphere at Mars Hill. They asserted their belief that there is a need to rebuild from the top down. Those beliefs have now become public. Now that the problems are apparent, what will the church do? According to Hurst, ultimately the church must be rebuilt from the top down or it should close. For related posts, click the link – Mars Hill Church.