GUIDELINES for INTERIM MODERATORS Produced by Ministries Council October 2007 Church of Scotland CONTENTS Page 1. The Beginning 1 2. The Appointment of a Locum 1 3. Meeting the Kirk Session 2 4. The Electoral Register 2 5. The Former Minister 2 6. Parish Appraisal 2 7. The Profile of the Parish and Congregation 3 8. Reviewable or Terminable Tenure 4 9. Permission to Call 4 10. The Manse 4 11. Stipend Arrangements 5 12. Removal and Disturbance Costs 5 13. The Nominating Committee at Work 6 14. Ministers from Other Denominations 7 15. Licentiates of the Church of Scotland 7 16. Your Position with the Nominating Committee 7 17. The Induction 8 18. The New Minister 8 ________________________________ Appendix I Meeting with the Kirk Session 9 With the Nominating Committee 9 Appendix 2 Some Guidelines for the Minister whose Demission or Translation has brought about the Vacancy 10 Appendix 3 Check Lists 11 Appendix 4 Locums, Associate Ministers and Assistant Ministers 12 Appendix 5 Guidelines for Manses 13 Appendix 6 Regulations for Manses 14 Procedural Guidelines for Presbyteries on Interim Ministry 16 Interim Moderators' Travel 17 GUIDELINES FOR INTERIM MODERATORS These guidelines are designed to help those who are appointed as Interim Moderators in vacant or soon to be vacant charges. They are offered to the church in the belief that a well-handled vacancy is the best possible start to a new ministry. 1. THE BEGINNING You have been invited to serve as Interim Moderator for a vacancy. Before you start, please ensure that you are registered as having been screened by the Church of Scotland through the Scottish Criminal Records Office. This is particularly important if you are a retired minister or have been appointed as an Elder and, as such, you might have been excluded from the process of application set up by the former Board of Ministry. If you are in any doubt on this matter or need to be SCRO-checked, please contact the Rev Angus Mathieson, Ministries Council [amathieson@cofscotland.org.uk] As Interim Moderator in a vacancy you have been given an important task to do in helping a congregation to pass from one ministry to another. Although you may well find the work time-consuming, you should also find it a worthwhile experience. An Interim Moderator has a dual role to discharge. On the one hand, being the Presbytery’s appointee, the Interim Moderator is expected to help in representing the views of the Presbytery to the congregation. On the other hand, as the congregation’s minister for the time being, the Interim Moderator may be called on to help in representing the congregation’s views to the Presbytery. More is said on this matter in the Section on 'Parish Reappraisal'. Several publications should be found helpful. Of primary importance; this document should be read alongside the Guidelines for Nominating Committees which is also published by the Ministries Council. Act VIII 2003 Procedure in a Vacancy contains the legislation with which you will need to be familiar. The Act and appropriate schedules are printed in full in the Church of Scotland Year Book and may be accessed through the Church of Scotland website, following the links: /extranet/xchurchlaw/downloads/xchurchlaw2003act08.doc It is also possible to download and print the required notices from this source. The cost of purchase of these publications, and indeed all the expenses you incur as Interim Moderator, are to be met by the congregation. 2. THE APPOINTMENT OF A LOCUM It can greatly ease the Interim Moderator’s burden if a Locum is appointed. It can also be of assistance to the congregation to have the same preacher week by week in their pulpit and consequently someone they know performing the essential pastoral duties. A separate leaflet entitled ‘Appointment of a Locum during a Vacancy’ is also included in this pack. If there is no Locum then you will have to ensure that pulpit supply is arranged - continuity and acceptability are both factors which should be considered. You should also ensure that those providing such supply are paid by the Congregational Treasurer on the day when the pulpit is supplied. Guidance on Supply Fees can be obtained from the Ministries Council. See also Appendix 4 paras. 1 to 3, 6 and 7. 3. MEETING THE KIRK SESSION The Kirk Session has an increased pastoral role during a vacancy - this cannot be emphasised too strongly. You should also guide them in what will happen in the weeks which lie ahead in terms of Vacancy Procedure, the appointment and duties of a Locum (where appointed), and your own availability. The Session should be encouraged to see the vacancy as a time of reassessment both of the congregation’s needs and resources and the challenges and opportunities afforded by the parish which they serve. (See Act VIII 2003 Procedure in a Vacancy Section 13) 4. THE ELECTORAL REGISTER This should be prepared by the Kirk Session as soon as possible. Two copies must be submitted to the Presbytery Clerk, one of which the Presbytery will retain, and the other will be attested and returned for use during the vacancy. It is a good idea to have extra copies available for use by e.g. the Session Clerk and the Locum (if one is appointed). The Register may have to be amended in the event of readjustment, or the passage of time. 5. THE FORMER MINISTER It should be made clear to all concerned that the minister who has demitted, been translated or retired has no locus in the vacancy. He or she should neither seek nor expect to take any part in the appointment of a Locum or Interim Moderator nor should the former minister try to influence any reappraisal discussions conducted by the Presbytery. On no account should the former minister seek to influence the congregation in the choice of those to serve on the Nominating Committee or influence the Nominating Committee during the course of its work.. 6. PARISH APPRAISAL Every vacancy is now subject to Act VII 2003 of the General Assembly. However, where the Presbytery Plan has not been agreed in respect of a particular vacancy, proceedings may be sisted while the question of readjustment is considered under the terms of Sections 2 – 7 of Act IV 1984. It is important to consult the Ministries Council for advice if you are in any doubt about how to proceed. They have published guidelines for the use of Act VII 2003 and Act VIII 2003 on the process of transition from Act IV 1984 to Act VII 2003. These Acts may be accessed through the Church of Scotland website, following the link: www./extranet/xchurchlaw/ The congregation will naturally expect the Interim Moderator to explain the Readjustment and Vacancy procedures, and this he or she should readily do. BUT on no account should the Interim Moderator seek to influence the readjustment discussions and vacancy procedures. It can happen that the congregation’s views will differ from those of the General Assembly’s or the Presbytery’s Planning Committee. In these circumstances it may be necessary for the Interim Moderator to speak for the congregation, and this too he or she must be prepared to do whatever may be his or her personal opinion or those of the Presbytery. But the Interim Moderator must on no account see it as his or her function to champion the congregation’s cause or, of necessity, vote for it in Presbytery. The Interim Moderator is well advised to maintain a neutral position throughout any readjustment proceedings. The Interim Moderator must of course ensure that all edicts and formal intimations which have to be served from time to time are properly served, signed and recorded. If in doubt on any matter, it is wise to consult the Presbytery Clerk. 7. THE PROFILE OF THE PARISH AND CONGREGATION Vacancies are a good opportunity for congregations to reassess their strengths and weaknesses and the challenges which face them. It is important that candidates for the vacancy are given an open and honest picture of the charge under consideration. The Guidelines for Nominating Committees clearly states that, “It is the duty of the Kirk Session to prepare the parish Profile and this should be an honest statement (negative as well as positive) of the life, work and witness of the congregation and parish. It should refer to the past history and present situation of the congregation, drawing particular attention to any major changes or disruptions which have taken place in recent times. This may be in the form of a readjustment, a conflict or a difficult parting of the ways between minister and congregation. It serves no purpose to try to sweep significant issues under the carpet.“ The profile of the parish might include things like: number of houses and type of housing, population (accurate figures please!), age structure, ethnic composition and religious adherence, industrial or agricultural activity, schools, colleges, hospitals - all the features which contribute to the character of the parish and the task which will confront the new incumbent. The profile of the congregation might include a brief history, numbers on the role and a profile of their ages, details (and perhaps photographs) of the church buildings and manse, details of local constitutions if applicable, organisational life, the composition of the Session and the financial court. A copy of the accounts and a summary of the last Professional Fabric Report should also be prepared for distribution. Every applicant should be given this information and every member of the Nominating Committee should have a copy with which they should become familiar. All congregations (through Sessions Clerks) have now been issued with a CD with population figures for the parish through our 'Statistics for Mission' Project. They would be a helpful resource for preparing a Parish Profile and a useful addition to the resources given to a new minister. If there is (or there is envisaged) a team ministry in the parish, all candidates should be told. It would also be helpful for them to see any existing contracts or agreements between members of the team. 8. REVIEWABLE OR TERMINABLE TENURE If the right of call involves a Basis of Reviewable Tenure this must be made clear to all applicants. The Nominee must have the conditions made clear to him/her before he/she is expected to accept the invitation. 9. PERMISSION TO CALL When a Presbytery has decided to grant permission to call, either using Act VII 2003 or Act IV 1984, the Presbytery will appoint a Presbytery Advisory Committee (3 people) to meet with the Kirk Session and the Nominating Committee. The Convener of this Presbytery Advisory Committee should contact the Interim Moderator to arrange these meetings. The task of the Presbytery Advisory Committee is to develop discussion about the strengths and weaknesses of the congregation, the problems and opportunities offered by the parish and the input which can reasonably be expected of the new minister. A note of topics which might be covered is given in Appendix 1. 10. THE MANSE It is essential for tax reasons that every parish minister is provided with a manse be it owned or rented by the congregation. It is also extremely important that the manse thus provided is of a good standard. It is only possible to offer a minister the opportunity of living in his/her own house in exceptional circumstances. The conditions for such an arrangement must be placed before the Manse Adjudication Committee who may approve an arrangement whereby the minister’s own house may be rented by the congregation as the manse. It is important to note that, in such circumstances, the congregation would be expected to pay the full market rent while, at the same time, maintain the wherewithal to provide a manse for any successor in office. BEFORE considering this possibility, contact MUST be made to both the Ministries Council and the Presbytery. Details of procedure in applications to the Manse Adjudication Committee are available from the Ministries Council; email: ministries@cofscotland.org.uk No new Manse Allowances will be agreed. (General Assembly 1991). The manse should be inspected immediately it becomes vacant preferably by a professional surveyor. At the time of a vacancy, every congregation must complete a Manse Condition Schedule. This document will be issued by the Ministries Council and should be used to ensure that information about the manse and its decoration and repair is up-to-date and that a schedule of work has been approved by the Financial Board. Ensuring that the Manse Condition Schedule is complete will make conversations with prospective ministers much easier. The last Quinquennial Report on the manse should also be consulted. The Interim Moderator should also advise the Presbytery’s Fabric Convener that the manse is now vacant and that the Presbytery Property Committee should be engaging jointly with local office bearers to complete the Manse Condition Schedule. The aim should be to carry out all major repairs before a new minister arrives with the proviso that redecoration should wait until a minister is elected and his/her views sought on the matter. The clerk of the financial court should advise the insurance company when the manse is vacated. The clerk should also inquire about relief from the Council Tax while the manse is unoccupied. Arrangements must also be made to ensure adequate frost protection, security, insurance etc. If it is expected that the vacancy may be a prolonged one, a Caretaker Occupancy Contract (provided by the General Trustees) might be considered, or the possibility of a short assured tenancy might also be considered. If it is thought appropriate to sell the present manse and buy or rent a new manse, an early consultation should be encouraged with the Presbytery Clerk so that the various legal steps can be taken. It should also be noted that, at the General Assembly of 2007, a Joint Report of the Ministries Council and General Trustees indicated that sympathetic consideration would be given to congregations who made application to acquire accommodation which was appropriate to the needs of a particular minister. The context of this consideration is included in the “Guidelines for Manses” which are attached as Appendix 5 of this booklet. These guidelines should be read together with the Manse Regulations (Appendix 6) and are extremely important documents for consideration at the time of a vacancy. The General Assembly in 1991 instructed "that Presbyteries, before considering a Call to a vacant charge, shall have in their possession a written report from the Presbytery’s Fabric Committee indicating that all necessary work on the Manse, as earlier detailed and agreed by the Presbytery, has been fully and satisfactorily completed". Use of the Manse Condition Schedule will make this a much easier task to carry out. In all matters relating to the Manse the Interim Moderator is asked to be proactive and wherever possible to act as a facilitator between the Nominee and the Board or Committee responsible for the maintenance and upkeep of the Manse. 11. STIPEND ARRANGEMENTS Before a minister can be inducted there must be agreement to contribute to the National Stipend Fund of the Church at the prescribed level. This agreement takes the form of a Vacancy Schedule. You should make arrangements with the Presbytery’s Ministry Convener to have this processed. As well as being put before the financial court(s) of the congregation(s) it must also be agreed by Presbytery and the appropriate Committee of the General Assembly. All these steps must be completed prior to the induction. The minister who is nominee will receive his/her stipend based on the National Stipend Scale as declared annually. 12. REMOVAL AND DISTURBANCE COSTS Remember that the new minister must receive his/her removal expenses and the Disturbance Allowance. For 2007 the Disturbance Allowance has been set at £1,680. In addition, until the new stipend scheme is fully implemented, the Ministries Council will: * meet the removal and disturbance costs of all charges with an average income base below £30,000; * where the income base is between £30,000 and £60,000, provide either a loan in the first instance or a grant, where considered appropriate, based on the congregation providing an application for assessment. Congregations with an income above £60,000 are responsible for meeting these costs. 13. THE NOMINATING COMMITTEE AT WORK The Requirements of the Act VIII 2003 Procedure in a Vacancy are set out in Section 16 and these should be noted with care and attention. In carrying out this work, the traditional approach has been to acquire a list of applicants and recommended candidates following advertisements in the national press, Life & Work and Minister’s Forum. The Nominating Committee has then decided (where geography allows) to send out small groups to listen to these ministers conducting public worship. Sometimes their visit is announced and sometimes not. The 'secret' approach can often be embarrassing for a minister who is not considering a move. It can also mean a fruitless journey if it turns out that the minister is not taking the Service that day. This 'scouting party' approach can involve several rounds of visits when varying opinions are delivered. The arbitrary nature of this approach does not commend it for use at a time when fairness demands a more open and transparent approach. In the interests of open and fair procedures, the Ministries Council recommends the following approach: * the vacancy be advertised, as before, through a variety of publications and on the Church website; * if people are recommended, but do not formally apply, they should be contacted by letter and asked if they wish their name to be considered; * all the names which the Committee is asked to consider, however submitted, should be supported by a curriculum vitae. Instead of setting out to listen in small groups the Committee should instead invite a list of people in whom they are initially interested to an interview and a look round the church, halls and manse. Some congregations have split the Committee into two - one asking questions for, say, half an hour, the other answering questions for the same time. Another group of office bearers offers the 'conducted tour'. In this way it is possible with good management to process perhaps three or four candidates in an evening. Some thought should be given to the assessment which will follow this process so that the same questions should be asked of each interviewee. If references are called for at this stage the Committee might ask the referees to comment on specific areas of the minister’s work and character. This long leet can then be reduced to a short leet of, say, three. These would then be heard on successive Sundays by the entire Nominating Committee with an interview following immediately. It is probably best to use a 'neutral' church for these occasions. A Nominee should then be selected. This approach has the potential of greatly reducing the time span of the 'search' process by homing in more accurately on the right person. (It is appreciated that those in, for example, island charges, will need to modify any system to their own special conditions). Further detailed information on how Nominating Committees should proceed and, in particular, how they should exercise fairness and propriety in their dealings with all applicants is available in the Ministries Council’s Guidelines for Nominating Committees. Particular attention is drawn to Appendix I in the Guidelines for Nominating Committees, where advice is given on how to proceed where there is an existing member of staff. 14. MINISTERS FROM OTHER DENOMINATIONS Ministers of other churches should not be approached directly either by the unsolicited sending of parish profiles or by ‘head-hunting’. Respect should be paid to the procedures used in other churches for the placement of ministers as some do not allow a direct approach to be made to a minister by a congregation. It is not appropriate to seen to be ‘poaching from another Church’. The Ecumenical Relations Committee can give guidance on these matters. It is also of the utmost importance that if your Nominating Committee does pursue the interest of a minister from another denomination in any part of the world, then they should alert that minister that he/she must open a parallel application for admission to the Church of Scotland ministry. Such applications are made directly to the Ministries Department who will deal directly with the applicant. At no stage should it be assumed that this process is a formality and it must certainly not be assumed that acceptance by a Nominating Committee means that The Ministries Council will concur. 15. LICENTIATES OF THE CHURCH OF SCOTLAND Should the Nominating Committee be approached by a licentiate of the Church of Scotland, they should alert the licentiate that he/she must open an application for an assessment of training needs by the Ministries Council. All licentiates who have not been ordained within five years of their licensing must apply directly to the Ministries Council (which also maintains a list of known licentiates) for this assessment to be made. The purpose of this requirement is to ensure that any licentiate seeking ordination is properly equipped to do so. 16. YOUR POSITION WITH THE NOMINATING COMMITTEE Although not a member of the Committee the Interim Moderator has the right to be present at each meeting - a right which should be exercised to ensure: * all the procedures in the Act of the Assembly are correctly followed; and * applicants are given equal protection under Church procedure as they would under civil law. You may be asked to be Convener or Clerk of the Committee. This may be appropriate where there are potential divisions within the group. However, it is strongly advised that only in exceptional circumstances should the Interim Moderator act as Convener or Clerk to the Nominating Committee. Whatever your decision with regard to the Nominating Committee, as Interim Moderator you must, on no account, seek to influence the choice of the Nominating Committee. Applicants should be allowed to deal directly with the Committee. When applicants are interviewed by the Committee, it is recommended that, even if the Interim Moderator is chairing the Committee s/he should not be present. You should also ensure that all candidates are in a position to accept the call if it is offered to them e.g. has the probationer had his/her probationary period sustained; has the minister in his/her first charge served five years; is there any need for a Certificate of Eligibility to be lodged; is there a question of a disciplinary case pending? If you are unsure on any of these points consult the Presbytery Clerk. In all the workings of the Committee two things must always be emphasised: 1. Confidentiality: this must be a binding rule for every Committee member from the beginning to the ending of the process. Remember that, when the vacancy has been filled, all the relevant paper work not already handed over to the Presbytery Clerk must be destroyed. 2. Communication with candidates must be prompt, accurate, and polite. There may be several tense applicants awaiting the outcome of the Committee’s decisions. 17. THE INDUCTION Arrangements for the Induction Service are the responsibility of the Presbytery. The Clerk will give guidance on local policy. 18. THE NEW MINISTER The Interim Moderator has an important part to play in supporting and encouraging the new minister from the election to the induction and, if possible, beyond. The new minister, if entering a first charge, will be given a Pastoral Adviser by the Presbytery. The Interim Moderator should also remind the Kirk Session, and through them the congregation, of the importance of their pastoral role towards the minister and his/her family. They are as susceptible as any other family to the stresses and strains that affect family life such as illness, bereavement or even breakdown.