The Session received the Complaint and responded on February 9, 2014, denying each specification of error within the Complaint.

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1 Judicial Commission of the Southern New England Presbytery Against the Session of West Springfield Covenant Community Church According to BCO Appendix H part 12, the Commission shall adopt a Written Decision containing four parts: 1. Summary of Facts (chronological summary of relevant history and facts bearing on case) 2. Statement of the Issue(s) (concise framing by the court of specific issue(s) being judged in case) 3. Judgment (definite conclusion rendered on the specific issue(s) being adjudged) 4. Reasoning and Opinion (reasons for judgment rendered and resolution of any disputed facts) RE Bob Sawyer was designated by the Chairman of the Commission to draft this Written Decision, which was subsequently adopted by the Commission per BCO Appendix H part 12. There were no dissenting opinions. Summary of Facts On January 30, 2014, a Complaint was brought by Dr. John Dayton, member of West Springfield Covenant Community Church (WSCCC) against his Session, specifying error in the Session s administration of Pastor Al LaValley s resignation and dissolution of pastoral relationship, and Associate Pastor Rodney Collins s relation to the church. (BCO 43-1 and 43-2) The Session received the Complaint and responded on February 9, 2014, denying each specification of error within the Complaint. (BCO 43-3) The Complainant, Dr. Dayton, then appealed his Complaint to the Southern New England Presbytery on February 12, (BCO 43-3) At the next Stated Meeting of the Presbytery, the Moderator, TE Troy Albee, brought the Complaint to the floor of Presbytery as part of his Executive Team report. After several attempts for substitute motions, the Presbyters approved sending the Complaint to Commission for adjudication. (BCO 43-8) A chronological summary of the case is as follows: A Congregational meeting was held on June 9, 2013 at WSCCC in order to receive the resignation of Pastor Al LaValley, recommend dissolution of his call to Presbytery, and issue a call to Associate Pastor Rodney Collins to succeed TE LaValley as pastor of the church. According to the minutes of that meeting, TE LaValley s resignation was accepted by the congregation along with the request to Presbytery to dissolve the call. The election of TE Collins as Pastor did not receive the 80% required vote, and thus failed. Members of the Session fielded questions from members about the pastoral transition in the ensuing months, including personal meetings and a congregational meeting in which TE Brad Evans of the Southern New England Presbytery (SNEP) was invited as a consultant. TE LaValley tendered his resignation to Presbytery in a letter dated October 22, 2013.

2 Judicial Commission of the Southern New England Presbytery Page 2 of 6 On November 24, a congregational meeting was held to discuss erecting a pulpit committee. That committee was formally elected and approved at a congregational meeting dated January 12, On January 18, 2014, TE LaValley s resignation was brought to Presbytery on the basis of the vote during the congregational meeting on June 6, The aforementioned Complaint against the Session by Dr. Dayton followed on January 30, Facts related to various other parts of the Complaint, such as the administration of TE Collins pastoral relation, are included in the full Record of the Case and are not summarized here. Statement of the Issues The Commission sees the following allegations as the principal issues of the Complaint: 1. The Session s administration of Pastor LaValley s resignation as senior pastor and dissolution of his pastoral relationship is out of order with BCO The Session s administration of Associate Pastor Collins s relation to the Church is out of order with BCO 22-4 and BCO Additionally, the Commission sought to explore the question of whether sections of the Complaint were untimely filed per BCO 43-2 and therefore administratively out of order. The Complainant alleges in his Complaint, his brief, and in his oral argument that the Session mishandled the dissolution of the call of Pastor Al LaValley. He argues that a June 9, 2013 congregational meeting to accept the resignation of TE LaValley, request the dissolution of his call from Presbytery, and elect Associate Pastor Collins as Pastor (which failed) should be considered null and void since all of the motions of the were packaged in omnibus as a Pastoral Transition Plan, and when one failed, they all failed. He further maintains that, despite the failure of the Pastoral Transition Plan, the Session effected the functional demotion of TE LaValley against the will of the congregation. The Complainant also alleges that the Session elevated Associate Pastor Collins as de facto senior pastor by allowing him to open congregational meetings, conduct Sunday worship, moderate session meetings and engage other activities normally reserved for senior pastors, thereby circumventing a vote of the congregation in determining its own pastoral relations. The Respondent denies these allegations in its response to the Complaint. However, in its oral argument at the hearing, the Respondent refused to argue the merits of the case and put forward only an appeal to the Commission to rule the Complaint administratively out of order, claiming that it was untimely filed per BCO Judgment The Commission does not sustain the Complainant s specifications of error described in his Complaint against the Respondent.

3 Judicial Commission of the Southern New England Presbytery Page 3 of 6 Reasoning and Opinion The Commission first took up the following question: Is the Complaint in order? In its oral argument, the Respondent appealed to the Commission to preemptively rule the Complaint administratively out of order. The Respondent claimed there is no action or decision of the Session specified in the Complaint that is within the 60 day time frame required by BCO 43-2, and therefore, the Complaint is improperly before the Commission. Upon review, the Commission finds that the Complaint does not specify any act or decision of the Session that is within the required time period of 60 days following the meeting of the court (BCO 43-2). 1 However, the Commission believes the Complaint is nevertheless properly before this Commission because (a) the Session both received and responded to it, (b) the Complaint was appealed to Presbytery, which considered it, and (c) Presbytery erected this Commission with instructions for the Complaint to be heard and adjudicated. Therefore, a motion was put forward by the Commission in its deliberation in closed session at the hearing, which was seconded and carried, to adjudicate the Complaint on its merits and consider the out of order appeal within the context of the hearing. To the merits of the Complaint: 1. That The Session s administration of Pastor LaValley s resignation as senior pastor and dissolution of his pastoral relationship is out of order with BCO 23-1 In his Complaint, the Complainant charges that Pastor LaValley s resignation and dissolution of call were not in order with BCO 23-1, which requires a congregational meeting to do so. He claims that the motions of the congregational meeting of June 9, 2013 to accept LaValley s resignation and request dissolution of his call from the Presbytery were all invalidated when the election of Rodney Collins as senior pastor failed, because, per verbal instructions at that meeting (not recorded in the minutes), all motions at the meeting were mutually contingent. 1 The Complaint was filed on January 30, 2013, and there does not appear to be an action of the Session specified in the Complaint within the 60 days prior to its submission. The Complainant interprets the motion put forth by the Ministerial and Church Relations Chair at the January 18, 2014 meeting of the Presbytery as the Session s own motion. According to the Complainant s brief, on 1/18/14 the Session made a motion to SNEP The Session s motion was, Motion that Presbytery dissolve TE Al LaValley s Call as Senior Pastor of West Springfield Covenant Community Church, as his resignation was accepted at a Congregational meeting, 6/9/13. However, the minutes of that meeting do not corroborate this interpretation. The motion to dissolve this call was in response to TE LaValley s letter of resignation tendered to Presbytery through its Stated Clerk on October 20, There is nothing in the Record of the Case that specifies the Session motioned Presbytery to this effect. Clearly someone, at some time, must have reported to the Chair of the Ministerial and Church Relations Team that TE LaValley s resignation was accepted at a Congregational meeting, 6/9/13 in order for it to be framed as part of the dissolution motion. However, the Record of the Case reflects no such communication. Regardless of who initiated it, or when such communication may have occurred, the Commission finds the June 9, 2013 acceptance of TE LaValley s resignation by the congregation of WSCCC constitutionally in order. That is, that congregational decision was never vacated or reversed by the congregation in the intervening period prior to Presbytery s action to dissolve the call. Therefore, the dissolution of TE LaValley s call by Presbytery on January 18, 2014 was in order.

4 Judicial Commission of the Southern New England Presbytery Page 4 of 6 The Session alludes to such in its minutes dated June 12, 2013, where it states Al s [TE LaValley s] intent (though not stated in the letter which was read) was that his resignation be contingent upon the vote for TE Rodney Collins becoming senior pastor passed. 2 At a congregational meeting dated September 29, 2013, TE Brad Evans was invited by the Session to address the congregation. The Complaint s personal transcript of that meeting notes that TE Evans and TE LaValley both suggested that the motions approved at the prior congregational meeting on June 9, 2013 were null and void. However, the attested minutes of that September 29 congregational meeting do not comment on the disposition of the votes at the June 9 congregational meeting. No subsequent congregational meeting was called by the Session or requested by the congregation regarding TE LaValley s resignation and dissolution of his call. On October 20, 2013 TE LaValley formally tendered his resignation to Presbytery. On January 18, 2014, the Southern New England Presbytery approved dissolution of TE LaValley s call, as his resignation was accepted at a congregational meeting June 9, No members of the church appeared before Presbytery on that day to contest the dissolution of the call. Reviewing the Record, the Commission does not find reason to believe the June 9, 2013 vote of approval to accept the resignation of TE Al LaValley as Senior Pastor of WSCCC effective 12/31/13, and to request Southern New England Presbytery to dissolve the pastoral relationship between the church and TE Al LaValley as Senior Pastor effective 12/31/13 was constitutionally reversed or vacated. Thus, the dissolution of his call on January 18, 2014 by Southern New England Presbytery appears to be in order. While it may be the case that there existed some common understanding among members of the church that TE LaValley s resignation had not been properly tendered at the June 9 congregational meeting, and that the congregation s vote to request Presbytery to dissolve the call was no longer in effect, and that a new congregational meeting should have been forthcoming to resolve those issues, the Commission finds no constitutional basis in the Record to hold this expectation against the Session as an act or decision 3 of the Session. Had members of the congregation desired a congregational meeting to resolve the perceived imperfections of the June 9, 2013 congregational meeting, they could have requested the Session to call one per the procedure outlined in BCO No meeting was requested. The Commission acknowledges that the Record shows no small degree of confusion among the congregation of West Springfield Covenant Community Church related to the congregational meeting on June 9, 2013 and the resignation of the senior pastor. The Session acknowledges such throughout the Record of the Case, and sought to remedy the situation through various individual meetings and informational congregational meetings. For the Complainant and possibly several 2 Whether Al s intent was also the intent of the Session as a whole is not revealed in the Record of the Case. 3 BCO A complaint is a written representation made against some act or decision of a court of the Church [italics added]

5 Judicial Commission of the Southern New England Presbytery Page 5 of 6 other individual members, the confusion was never satisfactorily resolved decently and in good order. 2. That The Session s administration of Associate Pastor Collins s relation to the Church is out of order with BCO 22-4 and BCO The Commission s review of the Record of the Case found that TE Rodney Collins was elected and installed as Associate Pastor for WSCCC in 2008 conformity with BCO 20 and 21, and has been serving the church in this capacity since that time. The Complainant charges that the Session, of its own doing without reference to the Congregation s will, elevated TE Collins as de facto senior pastor in the period of time following the failed attempt to elect TE Collins as senior pastor on June 9, 2013, and at the same time functionally demoted TE LaValley. The Complainant sees this de facto succession as a violation of BCO 23-1, which notes that associate or assistant pastors may continue to serve a congregation when the pastoral relation of the senior pastor is dissolved, but they may not normally succeed the senior pastor The Complainant lists various evidences of this, including: Failure of TE LaValley to moderate a congregational meeting as required by BCO 25-4 Allowing TE Collins to open congregational meetings Allowing TE Collins to conduct all Sunday morning worship services Allowing TE Collins to moderate Session meetings. The Commission finds no constitutional basis to find these as evidence of maladministration of the Associate Pastor s relation to the church. According to BCO, an associate pastor is a full member of the Session (12-1), may substitute as moderator of the Session (12-4) and may convene or moderate congregational meetings (25-4). The Session as a whole is charged with exercising authority over the time and place of the preaching of the Word and the administration of the Sacraments, over all other religious services, over the music in the services (12-5.e). In its response to the Complaint, the Respondent wonders about the apparent animus driving the assertions made about Pastor Collins by the Complainaint. In his Complaint and in the Record, the Complainant seems to see both the initial election of TE Collins as an associate pastor in 2008 and the candidacy of TE Collins for succession to senior pastor in 2013 as being impelled by the Session rather than the congregation. For example, in a letter to the Session dated September 25, 2013, the Complainant contends The Congregation has the need to know these circumstances concerning Pastor Rodney s initial call before they make further decisions concerning him. And, in the Complaint, Allowing the Associate Pastor to fill in to the extent this is occurring is out of order with BCO As a consequence, the Associate Pastor who was originally called out of order, turned down by the Congregation to become senior pastor, never vetted by a pulpit committee, and whose relation with the Congregation has never been properly determined is now, for all intents and purposes, senior pastor. The Complainant s overall line of reasoning is that the will of the congregation was repeatedly sidestepped by the Session in determining the pastoral relation of the Associate Pastor. The Commission sees the Complainant s frustration with his Session as a driving motivation for his strong words against the perceived elevation of the Associate Pastor to de facto senior pastor. But the Commission finds no evidence in the Record supporting an accusation of animus against the

6 Judicial Commission of the Southern New England Presbytery Page 6 of 6 Associate Pastor, a term the Complainant sees as tantamount to calling him a murderer and having no part in Christ, as noted in the his argument during the hearing. The Commission wonders about the wisdom of making such an inflammatory accusation against the Complainant in response to his Complaint. Conclusion The Commission is grieved by the troubles currently being experienced by the West Springfield Covenant Community Church. It commends the spiritual needs of the church to Presbytery for all proper care and support through its various ministry committees, particularly the Ministerial and Church Relations Team. The Commission also recommends to the Session and Dr. Dayton the pursuit of all necessary repentance, confession, forgiveness and reconciliation with one another and among the members of the church in accordance with Colossians 3:12-15 (ESV): Put on then, as God's chosen ones, holy and beloved, compassionate hearts, kindness, humility, meekness, and patience, bearing with one another and, if one has a complaint against another, forgiving each other; as the Lord has forgiven you, so you also must forgive. And above all these put on love, which binds everything together in perfect harmony. And let the peace of Christ rule in your hearts, to which indeed you were called in one body. And be thankful. Respectively submitted, Bob Sawyer Secretary of the Commission