Attorney General's Office declines to act on complaint against BSC

By Steve DeVane

BR Managing Editor

The state Attorney General's Office has told a N.C. Baptist pastor that his complaint against the Baptist State Convention (BSC) appears to be a private matter.

Gene Scarborough, pastor of North Rocky Mount Baptist Church, filed the complaint Feb. 9 with the Attorney General's consumer protection division. He asked the office to render an opinion as to whether the BSC acted in violation of its constitution by calling on a subsidiary financial policy to exclude McGill Baptist Church in Concord from its membership.

Barbara L. Fillion, a specialist in the consumer protection division, sent Scarborough a copy of the BSC's response.

"After reviewing the response, it appears that this is a private legal matter," Fillion told Scarborough in a letter dated March 31. "You may wish to consult a private attorney if you desire to pursue this matter further."

Scarborough said he doesn't have the money to take such action. He said his only likely recourses would be to take the matter to the BSC's Constitution and Bylaws Committee. Other than that, all he can do is to "shed light" on the issue, he said.

Portions of the BSC's response were provided to the Recorder by both Scarborough and BSC officials.

The response, which was written by Glenn E. Harder, the executive leader for the BSC's business services, first said that actions in Scarborough's complaint were taken by the convention, which is "an unincorporated religious society."

The BSC response says the BSC's trustees are incorporated, but the corporation does not carry on any ministries.

"Rev. Scarborough is complaining of actions taken by the Convention and not by the Corporation; the Corporation did not have any involvement in these actions," Harder's response said. "Any reference by Rev. Scarborough to actions taken by the Corporation is incorrect; all actions were taken only by the Convention."

BSC officials have discussed incorporating the convention.

Scarborough said the fact that the trustees, but not the convention, are incorporated is "mysterious."

"This whole thing to me is a great frustration," he said. "I have to admit I see (Fillion's) limitation in dealing with an unincorporated religious body."

Scarborough said he is asking Fillion to be ready to deal with the BSC's "inconsistencies" if the BSC should seek to become incorporated.

The BSC's response also said that the BSC has a right to determine which churches can affiliate with it.

"Just as the Convention cannot say to any other Baptist entity that it has to be affiliated with the Convention, so no other Baptist entity whether a college or a church can require the Convention to be affiliated with it," the response said.

Scarborough said in his complaint that the BSC's use of the financial policy to exclude McGill Baptist Church deprived the church "of its autonomy and representation at the annual meeting." After receiving a copy of the BSC's response, Scarborough said he is concerned about how BSC officials define autonomy and how the General Board made such a major decision on polity without input from messengers to the BSC's annual meeting.

BSC Executive Director-treasurer Jim Royston released a short statement about the issue.

"I am very pleased with the response of the Attorney General's Office and do not plan any further response at this time," he said.