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Reasons to Discipline a member ( # 10 )
Reason  to  Discipline  a  Member - # 10
# 10  -  “Persistent refusal to recognize properly constituted church authority or to submit to the order and discipline of the church.”   Church Manual, page 62
This page was created in answer to a real event at a real Disciplinary Hearing where a member of Manhattan Church  was disfellowshipped on Aug. 3, 2013 based on this charge made by the Church Board.
Click here to see both letters from the church board
Notice there are actually two reasons combined in Reason # 10 on page 62 of the Church Manual.  Let us look at each of these reasons closely.
  The reason presented to the church at the business meeting was “Persistent refusal to recognize properly constituted church authority or to submit to the order and discipline of the church.”  This conduct is not a sin but it is a valid reason for discipline found on page 62 of the church Manual. To find out why we need to look at the section for Settlement of Disputes. Let's focus on the phrase "refusal to recognize properly constituted church authority." in reason # 10.
We find this phrase also on page 60 in the church manual
Members who demonstrate impatience and selfishness by their unwillingness to wait for and accept recommendations of the Church in the settlement of grievances against other church members may properly be subject to the discipline of the church (see pp. 58, 59)because of the disruptive effect on the Church and their refusal to recognize properly constituted Church authority.
Church Manual, page 60
  This is about disputes between members where a member starts litigation in court without waiting for a church process and for “recognition” that the biblically outlined procedure has been exhausted. The church manual says, they “may properly be subject to discipline of the church.” Since it is written as a reason to be disciplined on page 60, it is included in the list of reasons for discipline found on page 62.
  The charge in the second letter goes on to say,  “ . . . or to submit to the order and discipline of the church.”  This pertains to when a member is censured and continues his wrong doing, he does not repent and the church board feels it is necessary to take it to the next level which is disfellowship. The reason both are found on the list of reasons for discipline, even though they are not related to each other. They are combined into Reason # 10 because both are not sins that are covered as special circumstances in other places of the church manual.
In conclusion this charge should not have been applied to the situation at Manhattan Church because the church did not previously ask the member to submit to any order of the church and the member was not under censure.
Reading the second letter from the church . . .
Letter from Church Board to Mario                                                  Dated:   July 27, 2013

  In our July 15, 2013 letter we gave a general reason why the Church Board made the recommendation and would have given all the particulars at the Business Meeting. In this letter we are giving you the specific reason as stated in the Church Manual. The specific reason why the Church Board has recommended to the Business Meeting disciplinary action is as follows: “Persistent refusal to recognize properly constituted church authority or to submit to the order and discipline of the church.” (Church Manual, page 62).
Signed by Church Clerk
 I received this letter on July 31, 2013
  The specific reason has nothing to do with the “general reason” which they stated in the first letter.  But it is even easier than that, just look at the date on the letter, July 27th does not give the two weeks notice that is listed as a fundamental right of a member, a basic protection that church manual afforts to members to allow them to prepare a defense.. 
Fundamental Rights of the Members —
Members have a fundamental right to prior notification of the disciplinary meeting and the right to be heard in their own defense, introduce evidence, and produce witnesses. No church should vote to remove a member under circumstances that deprive the member of these rights. Written notice must be given at least two weeks before the meeting and include the reasons for the disciplinary hearing.
Church Manual, page 64
The letter was dated July 27th and the envelope it came in shows a USPS stamp on July 30th and it reasonable to expect Priority Mail was delivered the next day, Wednesday, which was two days before the Sabbath and only three days before the hearing
The first letter (dated July 15th ) does give proper notice and therefore this first charge is the only charge that does not violate a member's right to receive proper notice.
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