Take It To The Chruch. Options

[Observer]

There has been considerable discussion in regard to whether or not the issues with 3-ABN should be resolved within the denomination (SDA Church) or whether they should be resolved by the civil authorities. I have decided to make some brief comments on those issues:

CHURCH MANUAL: The 2000 edition of the CHURCH MANUAL states: “While there are, in the modern world, occasions foe seeking decrees of civil courts, Christians should prefer settlement within the authority of the church, and should limit the seeking of such decrees to cases that are clearly within the jurisdiction of the civil courts, and not within the authority of the church or for which the church agrees it has no adequate process for orderly settlement. . . . Examples of such cases may include, but are not limited to, the settlement of insurance claims, the issuance of decrees affecting boundaries and ownership of real property, the deciding of some matters involving the administration of estates, and the awarding of custody of minor children. While the church should set up procedures within the constraints of legal practice to avoid the type of litigation referred to in I Corinthians 6, it should constantly be on guard against turning from it gospel mission and taking up the duties of a civil magistrate. (See Luke 12:13, 14 and TESTIMONIES, vol. 9, pp. 216-218.). . .” Pages 181
And:

“Should the church fail to respond to a member’s request for help in reconciling a difference, or if the church acknowledges that the nature of the case is such that it is not within its authority, it should be recognized that the member has exhausted the possibilities of the biblically outlined procedure for the settlement of differences and that what he/she should do beyond that point is a matter for his/her conscience. (See THE SDA BIBLE COMMENTARY, vol. 6, p. 698.)” Pages 181 & 182

And:

“The same princip0les that influence resolution of differences among members apply to the settlement of grievances of members against church organizations and institutions.

A church member should not instigate litigation against any entity of the church except under circumstances where the church has no provided adequate process for orderly settlement of the grievance within the church, or where the nature of the case is such that it is clearly not within the authority of the church to settle.” Page 182

GM Speaking: I agree with the above. The reality is that many of the issues with 3-ABN lie outside of the authority of the denomination to settle. 3-ABN is independent. The church cannot force resolution upon 3-ABN. Some will say that issues should be dwelt with by the local congregation, and the IL Conference. Again, nothing that either would do can be forced upon 3-ABN.

Other issues are clearly in the realm of the civil authorities. The church is not a civil magistrate with the authority to settle issues of bookkeeping, payment of taxes, and EEO complaints. That belongs to the civil authorities.

The church cannot settle criminal issues. If X committed crime, let X be tried for the crime by the civil authorities.

As the church cannot resolve many of the issues, none should be criticized for taking such issues to the civil authorities.

ASI: In a public statement as to why ASI withdrew from any attempts to resolve the issues, Harold Lance said: “We believe we have no jurisdiction to consider internal issues of 3ABN management and the changing of its corporate structure. Those issues must be left to its' board of directors. We believe our inability to resolve the fundamental issue of the divorce and remarriage is disappointing to many. We felt that without agreement on fundamentals with no likely agreement in sight it was necessary for ASI to withdraw. The parties and those concerned are the losers in what could have been a healing clarification of a divisive issue for all who are concerned.”

GM Speaking: It should be noted that in other statements, Mr. Lance identified others issues that he felt ASI could not resolve, and he went on to state could only be resolved in the civil realm

I agree with Mr. Lance on this. There is a very important point here that has not been discussed. We are in pursuit of truth. To achieve that, we must conduct any resolution of the issues in a manner that appears to the public to be fair. That is to say, it must not only be fair, but it must appear to the public to be fair. That applies to Danny Shelton, Linda Shelton, 3-ABN, and any other person involved in this. If the public believes that the process has not been fair to any person, the issues will not be resolved. If it appears not to have been fair to Danny, they will not be resolved. The same is true for Linda, and every other person.

The reality is: Issues of objectivity, fairness, process, and more, can only be achieved for many of the issues in the civil realm.

The Bible: Comments relating to the Biblical passages would expand this post beyond an appropriate length. So, I will not make many comments. There are two sets of Biblical teachings that touch on the issue as to what Scripture teaches. One deals with civil authorities. It tells us that civil government is established by God, that civil government has a proper role in the life of Christians, and that Christians should be under the rule of civil government. This tells me that there is a place for civil government to become involved in some of these 3-ABN issues.

The second Scriptural teaching is in regard to differences being settled by the church. An examination of those passages will show that such applies only when the church has within its membership wise people of good report who have the authority to resolve the issue. As points out my quote from the CHURCH MANUAL, in our modern society, there are many areas of life where only the civil authorities have the authority to resolve the issues.

The U.S. Constitution: Reference has been made to the U.S. Constitutions. In general, those comments have been made about Constitutional provision that apply to criminal prosecution and do not apply to civil affairs. It should also be noted that in the area of sexual misconduct our modern society requires that action be taken to protect people regardless of criminal conviction. There may be no criminal conviction, but society has said we must protect people regardless of that lack of conviction. People who argue otherwise do not understand the law, the U.S. Constitution, or society today.

Prosecution: Some make a large point of the fact that no one has been prosecuted for sexual misconduct. In doing so they fail to understand the situation. Lack of criminal prosecution does not mean innocence. The passage of time and the “statute of limitations” may be a bar to criminal prosecution. That does not mean that steps should not be taken to protect people. For personal reasons victims of sexual assault may simply decide not to prosecute. If you understand the legal system, such is understandable. They should not be criticized for such a position.

[ex3ABNemployee]

Thank you, Observer. I especially appreciate the last paragraph.

This post has been edited by ex3ABNemployee: Jan 31 2007, 07:42 AM

[Observer]

Thank you, Observer. I especially appreciate the last paragraph.

I have professionally worked with abused people. Prosecution with consequent public exposure, and the adversial legal system will often cause men, women, adults, children, and parents to carefully consider the issues. Parents may decide that it is in the best interests of their children not to prosecute. Adults may decide that it is in the best interests of their healing not to expose themselves to an adversial legal system.

Even prosecutors may decide that it is in the best interests of children not to bring them into that process. I am aware of a local situation where a criminal conviction was obtained, and a man sent to prison. But, the prosecutors determined that it was in the best interests of several children if they not be brought into the system. So, he was not prosecuted for those offenses. In this case, the media never got wind of what had happened. So no media attention was ever given to the excluded children.

The bottom line: Society expectes that vulnerable people (adults as well as children) be protected from sexual assualt, regardless of criminal conviction.

Thank you, Observer. I especially appreciate the last paragraph.

While I heve not said much in regard to you, I will do so now: Thank you for your courage in comming forward as you have done.

[PeacefulBe]

I have professionally worked with abused people. Prosecution with consequent public exposure, and the adversial legal system will often cause men, women, adults, children, and parents to carefully consider the issues. Parents may decide that it is in the best interests of their children not to prosecute. Adults may decide that it is in the best interests of their healing not to expose themselves to an adversial legal system.

Even prosecutors may decide that it is in the best interests of children not to bring them into that process. I am aware of a local situation where a criminal conviction was obtained, and a man sent to prison. But, the prosecutors determined that it was in the best interests of several children if they not be brought into the system. So, he was not prosecuted for those offenses. In this case, the media never got wind of what had happened. So no media attention was ever given to the excluded children.

The bottom line: Society expectes that vulnerable people (adults as well as children) be protected from sexual assualt, regardless of criminal conviction.
While I heve not said much in regard to you, I will do so now: Thank you for your courage in comming forward as you have done.

I understand how hard it can be on vulnerable people to enter into the adversarial court arena to testify against a child molestor/sexual abuser. My problem is if no one is willing to prosecute in an effort to protect the witnesses, this allows the abuser to go on to continue abusing new victims. So what can be done to stop the abuse but protect the abused?

And, I will second your praise of Duane's courage for coming forward!

I think a key issue that needs to be brought to the church in general and the donors of 3abn in particular is the concerted effort that some members of the Shelton family and the 3abn board have made to keep the allegations against Tommy Shelton hidden. There needs to be some form of accountability and censure regarding this unethical and grossly unChristian behavior. IMO.

[Observer]

I understand how hard it can be on vulnerable people to enter into the adversarial court arena to testify against a child molestor/sexual abuser. My problem is if no one is willing to prosecute in an effort to protect the witnesses, this allows the abuser to go on to continue abusing new victims. So what can be done to stop the abuse but protect the abused?

And, I will second your praise of Duane's courage for coming forward!

I think a key issue that needs to be brought to the church in general and the donors of 3abn in particular is the concerted effort that some members of the Shelton family and the 3abn board have made to keep the allegations against Tommy Shelton hidden. There needs to be some form of accountability and censure regarding this unethical and grossly unChristian behavior. IMO.

Yes, it is hard. In the specific legal case I mentioned conviction was obtained without the testimony of some of the children. I did not say no children testified. Several did testify. But, the prosecution believed that they could obtain a conviction without the testimoney of several, and they did so. The did that to protect the children involved.

Society does not require a conviction before attempts being made to protect people. Rather, society requires that organizations take steps to protect vulnerable people (to include adults) even without a conviction. But, it is harder to do so.

[Chez]

Observer, I appreciate your comprehensive overview concerning this issue.

Duane, thank you for your courage in coming forward. Please forward my thanks to your brothers. I wept when I first read Roger's letter. You and your brothers have been in my thoughts and my prayers for a while. I also think about how all of you protected your mother from heartache, public humiliation, and turmoil, all at the cost of your own peace of mind. All of you are in our prayers. We love you.

[Rosyroi]

Observer, I appreciate your comprehensive overview concerning this issue.

Duane, thank you for your courage in coming forward. Please forward my thanks to your brothers. I wept when I first read Roger's letter. You and your brothers have been in my thoughts and my prayers for a while. I also think about how all of you protected your mother from heartache, public humiliation, and turmoil, all at the cost of your own peace of mind. All of you are in our prayers. We love you.

All who are members of BLACKSDA forum within 3ABN posting.
Overall I am very pleased with the way most of the people make comments and asking questioning encouraging helping giving each other the benefit of the doubt and other wonderful words made in the 3ABN forum. As you notice I said "most". Too bad a few are so cantankerous and antagonistic and rude and try to get the topics sidetracked. But it does not spoil it for good read and feeling good about watching how people ask questions and/or offer opinions in such Christ-like attitude. Thank you for your loving comments. love the humor also.

[Ralph]

There needs to be some form of accountability and censure regarding this unethical and grossly unChristian behavior. IMO.

Who will bell the cat?

[Johann]

These news come from England. Is it any better elsewhere?

Child protection services 'weak'
Midlothian Council's deputy leader and its social work director have resigned after a damning report found services to protect abused children were "weak".

The HMIE report said social work managers sometimes failed to deal with the problems of the most vulnerable.

Some were left in high-risk situations while those in care or under protection were not seen regularly by staff.

Education Minister Hugh Henry said the problems must be tackled as a matter of "extreme urgency".

The council's deputy leader, Danny Molloy, who is also in charge of the social work department, and Director of Social Work Malcolm McEwan resigned following the publication of the report.
It does identify failings in management, reporting and evaluation which compromised child protection at that time
Danny Molloy


Mr Molloy said: "I have political responsibility for the service and I accept this and have resigned my portfolio and my position within Midlothian Council as depute leader.

"I would wish to add that social workers do a very difficult job under exceptionally challenging circumstances and this HMIE report does not challenge the professionalism, ability or the commitment of social workers.

"However it does identify failings in management, reporting and evaluation which compromised child protection at that time."

Council leader Adam Montgomery said that after receiving verbal feedback from the audit team in September, the council had addressed many of the concerns raised.

It had also set up a group to monitor the situation and its chief executive was now chairing the child protection committee.

Mr Montgomery added: "Responsibility has been accepted and Midlothian Council will ensure that all the improvement actions within the HMIE report are delivered as quickly as possible."


The report, which was carried out between June and September, said although workers stepped in quickly at times of crisis, their input was often too brief and short-term.

"As a result, the needs of many of the most vulnerable children were not always met and some children were left at risk," it said.

"In some cases, insufficient attention had been paid to patterns of previous incidents and accumulating concerns, particularly in cases of neglect."

It said some workers focused on the drug and drink problems of parents but did not pay enough attention to the effect on their children.

The inspectors also said the monitoring and reviewing of child protection care plans, when a child's name was placed on the child protection register, were unclear.

The report found that services to protect children were "weak" and "unsatisfactory" in most areas and concluded that work was urgently needed to develop clear policies.

'Extreme urgency'

The education minister said he had already met council leaders about the situation.

"This needs to be remedied as a matter of extreme urgency and I expect all agencies across Midlothian to act immediately to tackle the issues and to ensure that vulnerable children are not slipping through the net," he said.

Mr Henry added: "I will keep in close touch with progress and developments to be assured that all appropriate steps are being taken to turn this situation round."

Concerns had previously been flagged up in 2005 when a limited internal audit of the service was carried out but the latest report said the issues highlighted had not been addressed.

Communities minister Rhona Brankin, who is also the local Labour MSP for Midlothian, said: "The report sets out starkly the unpalatable fact that some local children are being failed by the system in Midlothian."


Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/uk_n...ast/6318877.stm

Published: 2007/01/31 22:57:12 GMT

© BBC MMVII

[Fran]

These news come from England. Is it any better elsewhere?

Johann;

Things are getting worse. The sinfulness of sin is fading. Now we have to face a different mentality. I am shocked and disgusted at some of the posts that have been posted. I keep saying to myself, "Consider the source", but I can see that Jesus must come soon to stop this evil.

Texas is working on a new idea. They want the death penalty for those who have sexually offended 3 times.

Once, go to jail.

Twice, go to jail for a longer time.

Thrice, you go night, night for a long time.

Let me see, how many have come forward accusing Tommy?

Tommy, come on down to Texas, but wait until this law passes please.

This post has been edited by Fran: Jan 31 2007, 11:05 PM

[Treniece]

Well, Tommy has resigned from 3abn.

[Johann]

Well, Tommy has resigned from 3abn.

With his brother's promise he will return!

[ex3ABNemployee]

Well, Tommy has resigned from 3abn.

And...?

[erik]

And...?

duane,

for some i guess they think that is enough i would say it is very small first step.

erik

[Richard Sherwin]

Agreed. Resigning is simply the first step of making right a wrong. Duane hang in there, we're cheering for ya. (And praying, especially praying)

Richard

duane,

for some i guess they think that is enough i would say it is very small first step.

erik