Rev. Dr. William David Lee v. Sixth Mount Zion Baptist Church of Pittsburg

• Decision Date: 22 August 2017
• Docket Number: Civil Action No. 15-1599
• Parties: REV. DR. WILLIAM DAVID LEE, Plaintiff, v. SIXTH MOUNT ZION BAPTIST CHURCH OF PITTSBURG d/b/a SIXTH MOUNT ZION MISSIONARY BAPTIST CHURCH, et al., Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

REV. DR. WILLIAM DAVID LEE, Plaintiff, v. SIXTH MOUNT ZION BAPTIST CHURCH OF

PITTSBURG d/b/a SIXTH MOUNT ZION MISSIONARY BAPTIST CHURCH, et al., Defendants.

Civil Action No. 15-1599

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

August 22, 2017

Hon. Nora Barry Fischer

MEMORANDUM OPINION

I. INTRODUCTION

This case involves an employment dispute between a Pastor and the Church that hired him to lead it and then terminated his employment. Specifically, Rev. Dr. William David Lee ("Plaintiff," "Rev. Lee" or "Pastor") sued for breach of a written contract of employment, naming as defendants the Sixth Mount Zion Baptist Church of Pittsburg¹ d/b/a the Sixth Mount Zion Missionary Baptist Church ("Defendant" or "the "Church"), as well as eleven of its deacons, whom he sued individually.² (Docket No. 1). Presently before the Court is Plaintiff's Motion for Summary Judgment. (Docket No. 76). The Court held argument on the matter on May 12, 2017. (Docket No. 92).³

Plaintiff's Motion has been fully briefed by the parties in accordance with Local Rule 56. After reviewing the filings of the parties, including the Complaint, the Church's Amended Answer, Lee's Motion for Summary Judgment and Brief in Support, the Church's Response in Opposition, Lee's Concise Statement of Material Facts, the Church's Responsive Concise Statement of Material Facts, and the transcript of oral argument, and considering the standards for granting such a motion under Federal Rule of Civil Procedure 56(b) and the matters addressed before the Court at the hearing on May 12, 2017, including matters raised and addressed pursuant to Federal Rule of Civil Procedure 56(f), namely application of the ministerial exception under the First Amendment's Free Exercise Clause and excessive entanglement under the First Amendment's Establishment Clause, Plaintiff's motion will be denied and this matter will be dismissed for the following reasons.

II. FACTUAL BACKGROUND⁴

The Court must first address a matter regarding the parties' filings related to the concise statement of facts before addressing the relevant facts for purposes of the motion for summary judgment. Lee, as the moving party, filed his concise statement of material facts. The Church, as the nonmoving party, responded admitting certain facts, denying certain facts, and providing its own concise statement of facts in response with supporting documentation. Lee, for whatever reason, did not file any response to the Church's concise statement of facts.

Local Civil Rule of Court 56.B.1 requires that the party moving for summary judgment file a separate concise statement of material facts and that the party cite "to a particular pleading, deposition, answer to interrogatory, admission on file or other part of the record supporting theparty's statement, acceptance, or denial of the material fact." LCvR 56.B.1. The moving party also must file an appendix with the documents supporting that party's concise statement of material facts. LCvR 56.B.3. The opposing party is to provide a separately filed concise statement admitting or denying the facts in the moving party's concise statement, LCvR 56.C.1.a, setting forth the basis for any denial with reference to the record, LCvR 56.C.1.b, and providing any additional material facts that are necessary for the court's ruling on the motion. LCvR 56.C.1.c. Local Civil Rule of Court 56.E specifically provides that the facts claimed to be undisputed and material in "the moving party's Concise Statement of Material Facts or in the opposing party's Responsive Concise Statement, which are claimed to be undisputed, will for the purpose of deciding the motion for summary judgment be deemed admitted unless specifically denied or otherwise controverted by a separate concise statement of the opposing party." LCvR 56.E (emphasis added).

The Church supported their concise statements of fact with sufficient evidentiary materials in their appendix in support of their denials and their stated facts, (Docket Nos. 115, 121), in compliance with Local Civil Rule of Court 56.B.1 and 56.B.3. Rev. Lee, however, did not respond to the Church's supported statement of facts. Under these circumstances, in accordance with Local Civil Rule of Court 56.E, and for purposes of the present motion for summary judgment, the Church's Fact Nos. 23-49 provided in its response to Lee's Facts and the additional facts provided in response to Lee's Fact Nos. 6, 7, 11 and 13 will be deemed admitted by Rev. Lee. See 714 Ventures, Inc. v. Nat'l Oilwell Varco, L.P., No. CV 15-925, 2016 WL 5919934, at *1 n. 1 (W.D. Pa. Oct. 11, 2016) (deeming facts admitted for violation of Local Rule 56.E).

According to the Complaint and Charter of Incorporation attached as Exhibit A to the Complaint, the Church is a longstanding church in Pittsburgh, received its original Charter of Incorporation in 1915, (Docket No. 1, Ex. A), and is overseen by its Pastor and Deacon Board. (Docket No. 1 at ¶ 19). On December 1, 2012 the Deacon Board recommended Rev. Lee for the position of Pastor. (Docket No. 83 at ¶ 1; Docket No. 87 at ¶ 1). The Church's Findings Committee presented a "Point-by-Point Report" on Rev. Lee and the Church's Pulpit Committee recommended Rev. Lee for the position of "Pastor of the Church" at a December 1, 2012, meeting called by the Findings Committee. (Docket No. 83 at ¶¶ 2, 3 & Ex. A; Docket No. 87 at ¶¶ 2, 3). On December 12, 2012, the Church voted unanimously to accept Rev. Lee as Pastor of the Church, (Docket No. 83 at ¶ 4 & Ex. A [76-3 at 2, 5]; Docket No. 87 at ¶ 4). On or about March 2013, the Church retained the legal services of Attorney Candace Ragin ("Attorney Ragin") of the Law Firm of Candace Ragin, LLC, to provide various legal services to the Church, including the drafting of an agreement between the Board of Deacons and the Church's new Pastor, Rev. Lee, regarding his employment ("Employment Agreement" or "contract"). (Docket No. 83 at ¶ 5 & Ex. C; Docket No. 87 at ¶ 5). On March 20, 2013, the Employment Agreement was executed by Rev. Lee, Timothy Ralston, then Chairman of the Church's Deacon Board, and Jimmy Barley, then Trustee of the Church. (Docket No. 83 at ¶¶ 6, 11 & Ex. C; Docket No. 87 at ¶¶ 6, 11, 23). The parties understood and agreed that the Church congregation ("the Congregation") had to approve the Employment Agreement in order for it to become effective. (Docket No. 83 at ¶ 6; Docket No. 87 at ¶¶ 6, 24; Docket No. 88-1 E).

The Employment Agreement⁵ contains the following pertinent provisions:

2. Employment and DutiesThe pastor's duties and responsibilities under this Agreement ("PASTORAL DUTIES AND RESPONSIBILITIES") are as follows:

2.1 The pastor will perform all duties assigned to him by the CHURCH from time to time, including but not limited to . . . sacerdotal functions and administrative duties . . . .

2.2 The pastor shall devote such of his time and energies as may be necessary for the performance of all PASTORAL DUTIES AND RESPONSIBILITIES.

2.3 As the CHURCH finds its headship under the Lord Jesus Christ and in its pastor, the pastor will be the chief executive officer (CEO) of the Board and has sole authority and control of hiring/firing and supervising all CHURCH'S paid staff.

Pursuant to his supervisory authority, the pastor will also oversee and govern the invitation of any speaker, teacher, or minister to any meeting or gathering held by the CHURCH. . . .

2.4 The Pastor will be the ex-officio chairm[an] of the CHURCH Board of Deacons, and ex-officio chairm[an] of all standing Church boards, auxiliaries and/or committees throughout the term of this Agreement. . . .

2.5 The pastor shall lead the pastoral ministries of the CHURCH and shall work with the Deacons and CHURCH staff in achieving the Church's mission of proclaiming the Gospel to believers and unbelievers. The pastor shall be a member of the CHURCH, and serve as moderator at business meetings of the members.

3. Term and Renewal

3.1 The initial term of this AGREEMENT shall be for a period of twenty (20) years, beginning on December 1, 2012 and expiring on December 31,2013 ("INITIAL TERM"), subject to the termination provisions of this AGREEMENT.

3.2 Unless the CHURCH, after congregational vote, notifies the pastor in writing, at least (90) days before the expiration of the INITIAL TERM that the CHURCH does not desire to extend the terms of the AGREEMENT, the terms of this AGREEMENT shall automatically extend for an additional period of ten (10) years.

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7. REPRESENTATIONS AND WARRANTIES

DR. LEE warrants and represents that he:

a) Is a minister of the gospel in compliance with the requirements of CHURCH and in compliance with federal, state and local laws;

b) Is an experienced pastor, having pastor [sic] churches other than the CHURCH and is qualified to serve as the pastor of the CHURCH;

c) Will abide by the employment policies and procedures existing or established by the CHURCH from time to time; and

d) Will attend all regularly scheduled CHURCH meetings and other official job functions unless illness or emergency makes attendance impossible or impractical.

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11. Equitable Relief

The parties agree that each of the terms of paragraphs 7 through 11 above is a material term of this Agreement which is intended to be for the Church's benefit and enforceable directly by the Church. Pastor agrees that in the event of his breach of any of the provisions of paragraphs 7 through 11 above, any remedy at law (including money damages) is insufficient to protect the Church's interests and the Church will be entitled to specific performance hereof or injunctive relief against Pastor, or both, in addition to money damages or other relief to which the Church may be entitled, and Pastor further waives any requirement for the securing or posting of any bond in connection with obtaining such equitable relief.

12. Termination

12.1 Automatic Termination: This AGREEMENT will automatically terminate, and any further obligations of

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