Richard G. and Anne C. Greene - Page 23

                                   - NEXTRECORD  -                                    
          the DFM communicated with petitioner infrequently while                     
          petitioner served in the foreign field.  Petitioner was not                 
          directly supervised or evaluated by anyone.                                 
               Respondent emphasizes that the DFM maintained control over             
          petitioner through its missions manual that dictated the manner             
          in which petitioner was to conduct his deputational and foreign             
          ministry.  We think that respondent overstates the role of the              
          missions manual.  The missions manual was intended by the DFM to            
          be an informational reference for missionaries, not a set of                
          rules controlling their day-to-day conduct.                                 
               We recognize that the missions manual contains extensive               
          information with respect to foreign ministry; however, most of              
          the manual's provisions provide general information and guidance,           
          rather than impose requirements on missionaries.  To the extent             
          that the missions manual appears to impose requirements on                  
          missionaries, we are reminded of Mr. Burgess' testimony that the            
          DFM never intended to enforce the manual's provisions.                      
               In this regard, the DFM's only method of enforcing the                 
          manual's provisions is to withdraw its endorsement of a                     
          missionary.  We observe that the withdrawal of a missionary's               
          endorsement does not prevent the missionary from serving in the             
          foreign field; rather, it merely precludes the missionary from              
          using DFM's services.  Thus, to a substantial degree, "mandatory"           
          provisions in the missions manual are toothless.  Because the DFM           
          intended that the missions manual be used only as a guideline,              

Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011