TBC messengers reject Belmont offer; vacate trustees

by Lonnie Wilkey                                                                                      Vol. XIX, No. 5, June/July 2006

[Editorial Introduction: As in several other states, Tennessee Baptists face efforts by various state-supported entities to separate from the state convention as the conservative resurgence has moved forward in that state. Belmont University has been a leader in this liberal effort to steal state assets. This article describes the most recent development in the long running process. TCP]

Tennessee Baptist Convention messengers turned down a $5 million settlement offer that would have basically severed all ties with Belmont University and then proceeded to vote to pursue any future relationship with the university using “any and all means deemed necessary” to “protect and enforce all the rights of the convention relating to Belmont University.” Messengers also voted overwhelmingly to declare each office of trustee on the Belmont board vacant.

The May 9 meeting at Two Rivers Baptist Church here drew 1,754 registered messengers. It was the first called meeting of the convention since 1979 when 1,396 messengers gathered at Belmont Heights Baptist Church, also in Nashville, to deal with a matter related to Tennessee Baptist Adult Homes.

The majority of the morning session dealt with a motion from the TBC Executive Board that the convention accept a settlement offer of $5 million from Belmont, terminate its relationship with the university pursuant to TBC bylaws, release “all its rights and remedies under the 1951 agreement with Ward-Belmont College (predecessor to Belmont), and authorize and direct its officers to finalize, execute, and deliver, in the name of the Tennessee Baptist Convention, any and all documents necessary to effectuate these actions.”

While the motion came from the Executive Board, it became apparent that not all board members were in agreement with or grasped the reason for the recommendation that was crafted the day before in closed session from which the Baptist and Reflector was excluded.

Board leadership, including convention attorney Randle Davis, made it clear later in the meeting that the Board had no choice but to recommend the motion. “For you to have an offer on the floor it had to be referred with a recommendation of approval from the Executive Board,” Davis said. “Do not conclude that this committee (Belmont Study Committee) or the Executive Board is not in concert with your feelings, your beliefs, because they brought this recommendation to you,” he continued.

TBC President Phil Jett, pastor of Englewood Baptist Church, Jackson, opened the meeting by reminding messengers, “None of us has chosen this day. This day has chosen us.”

Clay Austin, pastor of First Baptist Church, Blountville, served as chairman of both the Belmont Study Committee and the Executive Board. In presenting the recommendation, Austin said “the historical relationship with Belmont has come to an end.” Austin observed that Belmont leadership felt the need to expand beyond Baptist life and “include non-Baptist Christians” on its board of trustees.

On Nov. 10 of last year Belmont University unilaterally (emphasis added) changed its charter, officially taking the Tennessee Baptist Convention out of the election process. “We do not think it is in the best interests of Tennessee Baptists to have a relationship with an institution when we cannot elect its trustees,” Austin told convention messengers.

Issue debated

Bill Seale, a messenger from First Baptist Church, Morristown, and member of both the study committee and Executive Board, spoke in favor of the motion. Seale said the committee “has looked at all the issues anyone could come up with.” The committee also understood that Belmont’s settlement offer of $5 million “is not the $58 million the TBC has given (through the Cooperative Program) to Belmont for 55 years.” Seale noted that Belmont has sent out many students throughout the convention “who have become great witnesses for the Lord. We have received many good things in return.”

Tim McGehee, pastor of Grace Baptist Church, Tullahoma, and a member of the Executive Board, spoke against the recommendation. Acknowledging that the Bible plainly speaks against lawsuits, McGehee also noted “the Bible says thou shalt not steal and thou shalt not lie. We’ve caught Belmont both lying and stealing from us.”

Bill Sherman, pastor of First Baptist Church, Fairview, observed the world is watching the actions the convention will take. “I hope we can be Christians first. The best thing we can do is accept the recommendation,” he said.

Larry Reagan, second vice president of the Tennessee Baptist Convention and pastor of Adam’s Chapel Baptist Church, Dresden, spoke against accepting Belmont’s offer:

Reagan acknowledged the “heartfelt thought” of the study committee and their efforts to “avoid a lawsuit.” He commended Tennessee Baptists for gathering “to help us do the right thing in the right way.” However, Reagan questioned, “What is the right way? God has entrusted Belmont to the Tennessee Baptist Convention.” “If you believe Belmont is and has been doing the right thing, then you should vote for the proposal (to accept Belmont’s offer). If you believe Belmont has not been doing the right thing, you should vote against the proposal.”

L. Joseph Rosas III, pastor of Crievewood Baptist Church, Nashville, favored the recommendation, noting that the convention has been unable to dramatically increase dollars going to the colleges. He also added that all three schools have requested broadening the trustee selection process over the years. “This proposal is in the best interest of all parties,” Rosas said.

Phillip Senn, messenger from Blessed Hope Baptist Church, Troy, spoke against the recommendation. He said he didn’t think it was “about $58 million.” Senn observed that relinquishing Belmont is like relinquishing a church. That should not be done “simply for the sake of not allowing dissension in our community. “Belmont University is not Tennessee Baptists’, not the trustees of Belmont University. It is the Lord’s,” said Senn. “I oppose any illegal act to remove it from the control of Tennessee Baptists who have directed it over the years,” he concluded.

Randa Perry, a member of Friendship Baptist Church, Friendship, questioned why the convention was acting “powerless” in response to the actions of Belmont and “seeking peace at any price.” Tennessee Baptists have invested much time and money in the school, she said. Perry encouraged the convention to act “with all vigor to restore back” the property, money, and authority taken from it by Belmont.

Harold Curtis, pastor, Delano Baptist Church, Delano, said if the convention votes for the recommendation it would send the message to the other two Tennessee Baptist colleges that they could sell them to the convention for $5 million. “Are we willing to sell our three institutions for $15 million?” he asked.

André Dugger, pastor of Grace Baptist Church, Nashville, and member of the Executive Board, said the recommendation was not what is best for Tennessee Baptists. “Some folks in here are afraid if we disagree we don’t love each other. Folks, we’re Christians, we’re adults, we’re able to share (our disagreements). In my heart of hearts, I do not believe this is in the best interest of the convention.”

Several others debated the issue back and forth before the question was called late in the morning. A ballot vote was taken before adjournment for lunch. After lunch, Jett announced the recommendation had been defeated by a 923-791 vote or 54-46 percent.

Alternate motion

The Belmont Study Committee was prepared in case the first motion failed. Austin presented an alternate motion authorizing and directing the Belmont Study Committee (which would be expanded to 14 members) of the Executive Board “to carry out all rights, powers, actions, and remedies of the convention with respect to Belmont University through any and all means deemed necessary, including, but not limited to, private negotiations/settlement, mediation, arbitration, and/or litigation, in order to protect and enforce all rights of the convention relating to Belmont University, including, without limitation, all of the convention’s rights and interests under applicable governing documents, under the 1951 agreement, and under the Tennessee Nonprofit Corporation Act.”

Concerns were voiced by messengers about the language of the new recommendation as to whether it would allow for a monetary settlement which the convention had voted against earlier.

Jameson Work introduced an amendment which would require another special called meeting of the convention so the messengers could approve any agreement reached before it was enacted.

Convention leadership explained that such a motion would legally take mediation and arbitration out of the options because in mediation both parties must have the authority to accept a decision and in arbitration the final ruling is binding and enforceable in court.

An attempt to amend Work’s amendment to give the committee all options except surrender of the institution failed.

Others spoke both for and against the amendment before it was defeated overwhelmingly.

Roger “Sing” Oldham, pastor of First Baptist Church, Martin, asked the convention attorney if he thought the TBC would prevail in litigation.

Attorney Randle Davis said the convention would have at least two causes of action. The first would be the governing documents and applicable state law — “We’d say what they (Belmont) did was unlawful. That’s the same argument the Georgia Baptist Convention used against Shorter. They (GBC) prevailed after four-and-a-half years of litigation. But they prevailed by a 5-4 vote in the Georgia Supreme Court. This is unchartered territory in Tennessee. In Missouri, it’s the same thing only against five institutions. They’ve been in litigation a little over four years. My best guess is it’s a 50/50 chance we’d prevail.”

The second cause of action, Davis continued, would be the 1951 agreement. “Belmont’s position is that this is an historical document. TBC’s (position) is that it’s a legal document and still binding. What we’ve determined so far under this cause, it’s more a 75/25 chance that the TBC would prevail”.

Oldham responded, “I believe this committee and our attorney have demonstrated tremendous integrity. Belmont has taken unilateral action. “Irrespective of all problems with how and why they (Belmont) did what they did, it potentially severed relations.”

The question was later called and a ballot vote taken. The alternate motion passed by a margin 1,383 to 103 or 93-7 percent.

Messengers then proceeded to vote to declare each trustee office at Belmont vacant. TBC bylaws require that each trustee position be dealt with separately so messengers were given a handout with each trustee listed and an opportunity to vote yes or no on whether to remove each one.

The votes varied slightly on each, but it was reported that each position was vacated by at least a 10 to 1 margin.

Elzie Danley of Jackson, chairman of the Executive Board’s Program and Budget Committee, then presented a motion that the first $100,000 from any overage of this year’s budget be used for expenses in resolving the Belmont issue. The motion was approved.

[This article reprinted from the Baptist and Reflector, 17 May 2006.]