Erdman v. Chapel Hill Presbyterian Church

• Decision Date: 04 October 2012
• Docket Number: No. 84998–6.,84998–6.
• Citation: 286 P.3d 357,175 Wash.2d 659
• Parties: Angela ERDMAN, Respondent, v. CHAPEL HILL PRESBYTERIAN CHURCH; Mark J. Toone, individually; and the marital community of Mark J. Toone and Jane Doe Toone, Petitioners.
• Court: Washington Supreme Court

175 Wash.2d 659

286 P.3d 357

Angela ERDMAN, Respondent,

v.CHAPEL HILL PRESBYTERIAN CHURCH; Mark J. Toone, individually; and the marital community of Mark J. Toone and Jane Doe Toone, Petitioners.

No. 84998–6.

Supreme Court of Washington, En Banc.

Argued May 5, 2011.

Decided Oct. 4, 2012.

William A. Coats, Attorney at Law, Daniel C. Montopoli, Attorney at Law, Tacoma, WA, for Petitioner.

Robin Williams Phillips, Sean Vincent Small, Lasher Holzapfel Sperry & Ebberson PLLC, Seattle, WA, for Respondent.

Bradley Alan Maxa, Gordon Thomas Honeywell, Tacoma, WA, Amicus Curiae on behalf of Presbytery of Olympia.

MADSEN, C.J.

[175 Wash.2d 660]¶ 1 An employee of a church who maintains she was harmed by actions of a church's minister brought numerous claims against the church and the minister. At this stage of the proceedings, the case involves her negligent retention, negligent supervision, and Title VII sex discrimination claims against the church. The Court of Appeals, reversing the trial court's grant of partial summary judgment, ruled that these claims are not barred by the First Amendment to the United States Constitution as the trial court had determined.

[175 Wash.2d 661]¶ 2 We reverse the Court of Appeals and reinstate the trial court's grant of summary judgment on the negligent retention and supervision claims. Under the First Amendment, allowing these claims to go forward would violate the First Amendment right of the church to select and supervise its ministers as well as the First Amendment right of a hierarchical religious organization to be free of government involvement in the decisions made by its ecclesiastical tribunals. We remand the Title VII claims for further proceedings.

FACTS

¶ 3 Plaintiff Angela Erdman was an elder of Chapel Hill Presbyterian Church (Chapel Hill; Church). She became Chapel Hill's executive for stewardship, facilitating the development of vision, goals, and strategies for Chapel Hill, providing strategic leadership, helping to make decisions regarding the financial and development strategies and goals of Chapel Hill, and creating a major donor development plan for Chapel Hill. She reported to the church's senior pastor, Dr. Mark Toone, who was responsible for evaluating Ms. Erdman's work. Ms. Erdman took ordination vows agreeing to be bound by the disciplinary procedures of Chapel Hill and to seek reconciliation and resolve disputes according to church procedure.

¶ 4 Dr. Toone taught classes for church members on several topics and led tours of religious and historical significance to supplement the subjects he taught. Toone used personal vacation time when he led the tours. In June 2007, Ms. Erdman questioned whether the tours would adversely affect Chapel Hill's tax exempt status. Dr. Toone advised her not to pursue the matter until he returned from sabbatical later that summer, but she disregarded the advice and removed a tour announcement from a church bulletin after Toone had approved it. Ms. Erdman also discussed the tours with the church's accountant.

[175 Wash.2d 662]¶ 5 When Dr. Toone returned, Ms. Erdman raised the matter again, telling him about the church accountant's concerns and possible accounting issues. Toone assured her that the tours were consistent with the church's mission and were comparable to tours conducted by other churches. He told Erdman that they did not put Chapel Hill at risk but said he would discuss the matter with his accountant and review information that Ms. Erdman presented. In the meantime, he told her, he would not alter the way the tours were managed and the matter was out of her hands.¹

¶ 6 According to the defendants, Toone's accountant agreed with Toone that the tours did not threaten the church's tax exempt status. Dr. Toone sent Ms. Erdman a message stating that he was satisfied the tours were properly conducted and that he wanted the matter closed. Ms. Erdman responded by asking to discuss the matter and seeking information as to how the decision had been made.

¶ 7 On October 17, 2007, Toone met with Erdman and told her the tours were proper and did not jeopardize the church's tax exempt status. Toone again told Erdman that she need not concern herself about the tours. He also said that her continued challenges on the subject were insubordination and that she had unfairly impugned his reputation. Ms. Erdman, in turn, accused Toone of intimidation. She threatened to quit rather than abide by his directions. ²

¶ 8 Toone suspended promotional activity for the next tour and agreed to turn the matter over to the Session, which is the governing body of Chapel Hill. He appointed a committee of Session members to review the tours and the conflict with Ms. Erdman. This appointment accorded with Session Committee Principles and the Presbyterian Church (U.S.A.)'s Book of Order, which outlines the form of church government, the church's philosophy, and member and officer discipline and conflict resolution processes. Dr. Toone agreed to accept the decisions of the Session Committee. On October 18, 2007, the Session Committee met with Ms. Erdman to address the interpersonal issues between her and Dr. Toone. The committee also sought the opinions of experts as it began to evaluate the educational tours. The Session Committee's efforts to mediate the dispute did not go well. According to Chapel Hill, animosity that Erdman expressed toward Toone made it difficult for the two to work together.

¶ 9 In the meantime, Erdman went on sick leave from October 17 until October 22, when she requested medical leave due to stress. Toone granted her request and she formally took medical leave. According to the defendants, in November 2007, Ms. Erdman's attorney contacted a committee member and threatened to damage the church by publicizing Ms. Erdman's allegations unless a severance package was provided. Subsequently, Ms. Erdman's attorney sought a full year of severance pay for her, saying that unless this occurred, Ms. Erdman would return to work on December 3, 2007. On November 30, 2007, Erdman contacted Chapel Hill, advising that her physician had cleared her to return to work. The church placed Ms. Erdman on administrative leave without pay, pending resolution of the church's investigation.

¶ 10 While the Session Committee was still investigating, Ms. Erdman filed a grievance with the Presbytery of Olympia, the church's governing body for the region that includes Chapel Hill. She filed her complaint in accord with the Book of Order. The grievance concerned the tour issue and allegations that Toone intimidated her, verbally abused her, and threatened her in connection with her employment. Ms. Erdman alleged numerous violations of the Book of Order and scripture.

[175 Wash.2d 664]¶ 11 On December 27, 2007, the Session Committee issued its report, recommending that Erdman be immediately terminated. According to Ms. Erdman, Toone made the decision to fire her and made this recommendation to the Session Committee.

¶ 12 The committee concluded that Ms. Erdman had “failed to follow the scriptural teaching concerning our relationships within the body of Christ,” Clerk's Papers (CP) at 1015, and violated her ordination vows. It determined that Ms. Erdman had included inaccurate allegations in her December grievance that violated the Book of Order, and that her communications included false and misleading statements about the tours and Dr. Toone's conduct. Among other things, the committee believed that Erdman had misrepresented the facts underlying the tours to the church's accountant as not being part of the church's ministry. The committee concluded that there was no evidence that Toone had unlawfully harassed Erdman as she claimed. The committee also found that Erdman had threatened to dishonor the church in an attempt to receive a severance package.

¶ 13 Early in January 2008, Ms. Erdman resubmitted her complaint with the Presbytery of Olympia using a proper Form No. 26, again in conformance with the Book of Order. In the Form No. 26 grievance, Ms. Erdman accused Dr. Toone of violating scripture and church law, misusing church property for personal gain, physically intimidating her, verbally abusing and harassing her, and retaliating against her. She alleged that significant portions of the Session Committee's report were “inaccurate and reflect bearing of false witness and distortion of truth.” CP at 845.

¶ 14 In response to the grievance, over a period of months a Presbytery Investigative Committee examined the allegations. It conducted interviews with witnesses and evaluated numerous records and documents. On May 27, 2008, it concluded that Ms. Erdman's allegations could not be reasonably proved and declined to file charges against Toone. Under the Book of Order, Ms. Erdman had the right to appeal this decision, but did not.

¶ 15 On June 12, 2008, Ms. Erdman filed suit against Chapel Hill and Dr. Toone, asserting numerous claims, including claims of negligent retention of Toone, negligent supervision of Toone, and Title VII claims of violation of 42 U.S.C. § 2000e–2. After hearing argument, the trial court determined that it lacked sufficient facts to decide whether Ms. Erdman was herself a minister subject to the “ministerial exception” to a Title VII suit and declined to rule in the defendants' favor on this claim. The court dismissed all claims based on facts set forth in the Form No. 26 grievance to the Presbytery of Olympia on the ground that under the First Amendment a civil court cannot consider claims submitted to a hierarchically organized church's ecclesiastical tribunal. These included the negligent retention and negligent supervision claims. Erdman voluntarily dismissed other claims, and then appealed.

¶ 16 The Court of Appeals affirmed the trial court's dismissal of several of Ms. Erdman's claims but, among other things, reversed the trial court's dismissal of her negligent supervision, negligent retention, and Title VII claims...