Several attempts have been made to procure the current contact list for Executive Committee members. But the Ohio Conference has not been forthcoming with the names and addresses of these important committee members. This committee represents us--the members of God's remnant church in Ohio. The decisions they make affect every one of us. It should not be difficult to obtain the current contact information for the Executive Committee. This information should be posted on the conference website. Therefore, under the circumstances, I present the following letter to the members of the Executive Committee for their prayerful consideration:
February 25, 2011
Executive Committee
Ohio Conference of Seventh-day Adventists
2 Fairgrounds Road
Mt. Vernon, OH 43050
Dear Members of the Executive Committee,
I write this letter in Christian love, and with sincerity of heart. I humbly ask that you reconsider and reverse your prior decision to discontinue the bivocational pastor program in Ohio. I do so not out of self-serving motives, but rather for the two following reasons:
1. The decision is not in the best interest of the sisterhood of churches in Ohio
2. The decision is not at all necessary, in order to be compliant with the FLSA
Firstly, there are many small churches in Ohio who, as of April 1, will find themselves to be a part of a district scenario, with a pastor whom they did not choose. In all fairness, a decision of this magnitude should be made with the engagement of the people of this Conference, and not merely by a committee. I highly recommend that you call a general meeting and invite the members of Ohio to attend. Give them a voice. Allow them to express their concerns and to share their suggestions. We have a lot of talented and devoted people in our Conference. Please give them a voice, and engage them in meaningful discussion. A meeting of this kind could be carried out in a tactful, courteous manner, and it would be very rewarding and fruitful. To be sure, there are probably other issues about which members have concerns. But that is all right. We have nothing to fear from frank and open dialogue. The current structural changes would be the principal issue at hand. The people would deeply appreciate such an opportunity to share, and a meeting of this sort would do much to mitigate against the notion that they are being cut off from expressing themselves.
It is not prudent to make sweeping changes of this sort, without giving the churches involved any say whatsoever. This gives the appearance that the Conference does not want the input of its members, and I know that this was not your intention.
Secondly, on February 17 I talked with Elder G. Alexander Bryant, Secretary of the North American Division. I figured that he would know the facts better than anyone else, since he was right at the center of the policy-making, regarding bivocational pastors. Here is a summary of what Elder Bryant shared with me:
1. He said it is true that bivocational pastors are “non-exempt”, and must be paid by the hour, according to the minimum-pay law of their state.
2. He said that originally they (the NAD) had two options for the conferences: they could start paying all the pastors a full salary, full-time and part-time alike. This, he said, would be out of the question in most cases. He said the second option would be to discontinue the bivocational program entirely.
3. Then Elder Bryant continued, saying that he knows the value of bivocational pastors, because he used to be the president of a small conference, and they used bivocational pastors in that conference successfully. He said that God was gracious, in that He showed his team at the NAD a third option, regarding bivocational pastors. He was very pleased with this third option, and he said he praised the Lord for revealing this to them.
4. The third option was for conferences to pay bivocational pastors the minimum hourly wage for a small stated number of hours per week, adding mileage reimbursement on top of it. He said that pastors would have to keep track of their hours and the conferences would have some added paperwork on their part, but that this option would definitely work.
5. He said that this third option is actually what they (the NAD) recommended to the conferences in November; this was the ideal way to go. They did not recommend that conferences completely discontinue their bivocational programs. I gave Elder Bryant a hypothetical scenario which involves bivocational pastors streamlining their work in such a way that they were only reporting a given number of hours per week, and the Conference would be paying them the minimum wage for those hours. Elder Bryant said that this would certainly work, and no one would ever give the Conference any trouble legally. He said that this is exactly the kind of scenario that they (the NAD) envisioned for the conferences, so that they could retain the services of their bivocational pastors.
I then checked with two individuals at the Department of Labor, on both the federal level and the state level. The first person I talked with is Bob Duffy, who works for the federal Department of Labor office in Cleveland. His number is 614-469-5678. Here is what he said: "Churches and other non-profit organizations are exempt from the FLSA. We have no jurisdiction over part-time or full-time church employees. The FLSA does not apply to churches, regarding its ministers." He then told me, to be safe, I should talk with someone at the state DOL office. So this is what I proceeded to do.
The second person with whom I talked was Jackie Clark, who works for the state Department of Labor, in Columbus. Her number is 614-728-5019. Here is what she said: "Even though the FLSA does not have any federal jurisdiction regarding churches, from the state perspective, the FLSA does have jurisdiction. Part-time pastors who make under $455 per week would have to be paid the $7.40 per hour wage for the hours they work." Then I further asked "If a pastor who works only 15 hours per week was paid the minimum wage for those specific hours, would this be legal in the eyes of the state of Ohio?" She said that yes indeed that would be legal. She said they do not get involved with how many hours a part-time employee works; that this is a matter for an employer to decide. She said the overtime rule would only come into effect if the pastor worked more than 40 hours in one week.
I asked Ms. Clark also about "professional" issues, such as degrees, experience, etc. She said it did not matter what degrees a part-time pastor has or doesn’t have, and that they do not involve themselves with comparisons between full-time and part-time pastors. She said this is not an issue. They only look at the $455 per week test. Anything under that is considered "non-exempt" and the minimum wage law applies. In other words, it does not matter to the Department of Labor how many hours a bivocational pastor works, or how many hours a full-time pastor works, or how similar or dissimilar their work habits are.
If the Ohio Conference paid its bivocational pastors the minimum wage of $7.40 per hour for 15 hours per week—they would be paying the workers LESS than what they currently pay them. In this scenario, the hourly pay ($444) plus $350 or so for mileage, brings us to about $794 per month. This is a little less than what we currently receive per month. This would actually represent a savings for the Ohio Conference. In addition, under this scenario, the Conference would be “legal” in the eyes of the Department of Labor. This is what Ms. Clark confirmed, and this is also what Elder Bryant indicated in our conversation of February 17.
It is true that bivocational pastors, in the above suggested format, would have to keep track of their hours, as would the Conference. It is also true that these pastors would need to adjust as they go—each week would be slightly different in terms of how they utilized and allocated their hours. For instance, if a funeral or hospital visit becomes necessary, the pastor would follow through with this unforeseen need, and take away that time expenditure from some other area of ministry that week. This is quite doable, and not at all infeasible. We all make quick adjustments in our lives all the time. This would be no different.
Bivocational pastors are not identical to full-time pastors. They typically are more efficient with their time, just for the sake of survival. It is not fair or even necessary to say that bivocational pastors need to take the exact same time to prepare a sermon as a full-time pastor, for instance. This a non-issue to the Department of Labor. In addition, bivocational pastors cannot be expected to do everything that a full-time pastor does, in terms of ministry. They are by definition part-time employees, and as such they will not put the same amount of time into their ministries as their full-time counterparts. But this is not to say that their ministries are less meaningful or less important than those of the full-time workers. The small churches of this state who are currently served by bivocational pastors would tell you that they deeply appreciate the personal attention and focus they get from their pastors.
Therefore, in summary, I sincerely recommend the following:
1. Reverse your recent decision to discontinue the bivocational program, because it is not necessary.
2. Implement a new hourly pay system for the current bivocational pastors, paying $7.40 per hour for 15 hours weekly. This is in keeping with the advice of Elder Bryant, and it ensures that the Conference is compliant with the FLSA.
3. Invite the members of this Conference to come to a general meeting with the leadership, for people who are not heard do not have a voice; and this breeds discontent. Harness the creativity and convictions of the people.
Thank you for your prayerful consideration of these matters. I am very grateful for your attention and time. I think that my fellow bivocational colleagues would also be grateful. God bless you richly with His grace and wisdom.
Yours in Christ,
Pastor David Sullivan
Delaware Seventh-day Adventist Church