|
.Presbyterian
Association of Musicians Professional
Conduct in Adversity
|
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| TABLE OF CONTENTS | ||
| Introduction | ||
| Signs of Conflict and Resolution | ||
| On the Brink of Termination | ||
| Following Termination | ||
| For Further Reading | ||
| Appendix | ||
| A. PAM Code of Ethics | ||
| B. Sample Employment Agreement | ||
INTRODUCTION
The Executive Board of the Presbyterian Association of Musicians (PAM)
frequently encounters instances in which musicians, pastors and sessions
have come into conflict. Workshops focusing on professional concerns
at PAM sponsored Worship and Music conferences are well attended with
lively conversation about potential or realized conflict situations.
Persons in this stressful situation often do not find it easy to think
clearly and objectively. Responses of musicians range from paralysis
to over-reaction.
This publication is intended to help church musicians identify early warning
signals that may suggest the onset of dysfunction in an employment relationship,
to provide practical recommendations for dealing with conflicts, to help
manage the termination process and help church musicians to survive a
termination and continue to grow and move forward in ministry and service.
PAM gratefully acknowledges the permission and generosity of the Association
of Anglican Musicians in allowing PAM to adapt their booklet, "Conflict
and Closure: Professional Conduct in Adversity" for Presbyterian use.
This adaptation of that booklet is offered to the church (musicians, pastors,
sessions, and presbyteries) with the hope that it will help further the
peace, unity, and purity of the church, as we seek to be faithful disciples
of Jesus Christ the Lord.
(Return to
Table of Contents)
SIGNS
OF CONFLICT AND RESOLUTION
Events rarely occur in a vacuum.
Although many musicians who are "suddenly" faced with the prospect of
termination or radical alteration of their job descriptions contend that
the actions of their church came "out of the blue." In actuality
this is rarely the case. Below are a number of questions which, depending
upon the answers, can indicate whether a musician's relationship with
the church is healthy or heading for trouble.
A. Has there been any unexplained reduction in your
levels of contact, cordiality or communication with the pastor(s) of your
church?
During particular seasons of the church year there
may be a reduction in the frequency of communication among staff members.
However, if this pattern continues, there is cause for concern.
It is important that the musician recognize changes in the nature of the
employment relationship and act quickly to determine the root causes for
these changes. A church musician should make time for, and request
regular private meetings with clergy for discussions of job performance
and other issues related to the church in order that small problems do
not become major concerns.
It is equally important that the church musician conduct regular "reality
checks" to make sure that what he or she is saying, whether to clergy
or to lay persons, is being comprehended and understood as intended.
The vocabulary of the conservatory or of the seminary is not necessarily
the vocabulary that is best calculated to convey clear and ready meaning
to choirs, parents or even supervising clergy. In any relationship,
but particularly in the relationship of shared ministry, it is vital that
persons who communicate with each other agree upon a common vocabulary
and common ground upon which to meet.
Problems and conflicts do not improve or go away simply because they are
ignored, denied or avoided. Failure to confront them only permits
them to fester and contributes to a build-up of hostility and frustration.
Failure to confront these problems can trigger arguments over apparently
insignificant problems.
B. Has there been any increase in the apparent
or expressed level of dissatisfaction on the part of your pastor with
your performance or the church's music program?
The regular review of job performance by supervisors
is an integral part of the employment relationship. Constructive
criticism offered orally and privately in the dialogue central to such
review should be welcomed by the church musician. When a supervising
pastor cares enough about any issue to communicate directly to the musician
about it, the musician may assume that it is an important matter, regardless
of the merit or taste of the suggestions or criticism involved.
Those with whom we work must know that we take their concerns seriously.
When the nature of criticism changes, the church musician should take
note. For example, when the Pastor publicly criticizes the musician
for taking all the hymns so fast that no one can sing them, it is a clear
signal that communication between pastor and musician is breaking down.
The net result of that breakdown, where persons talk at, rather than to
and with, each other, is conflict.
A written criticism or instruction often suggests that a record is being
kept for purposes of building
justification for subsequent action in a personnel file. While a
memo about the hymns for Holy Week is basically innocuous, a memo giving
a church musician precise instructions on how the Holy Week music is to
be played and setting specific restrictions on volume, tempo and the like
takes on a decidedly different character. In all circumstances where
criticism is becoming public and documented, and is occurring outside
the agreed-upon channels in the employment relationship, the musician
should determine what has impaired the communication process.
C. Are there any rising political or theological
factions in the congregation whose needs and agendas are in conflict or
competition with the music programs?
The church musician shares with the clergy the responsibility
for feeding and nurturing all of the faithful in the institution in which
he or she is employed. Respect for all persons, regardless of musical
taste or achievement, is a prerequisite for successful music ministry.
Musicians can expect the same respect from hiring institutions and the
persons they serve. The musician's working agreement with the hiring
institution should clearly express the occasions and opportunities which
will be available for the musician to exercise his or her skill and training
to best advantage. Such occasions should be monitored and discussed
as part of the musician's regular job performance evaluation.
The training of the church musician affords a unique position to educate,
mold and form the musical sophistication of the church's members.
If a church musician uses skill and training as an instrument of intimidation,
rather than of education, the only likely outcome will be anger and resentment.
It is vitally important for the musician to make sure that what is perceived
about what he or she is doing is what is intended. Musicians should
be aware that the visibility of the church's music program renders it
more susceptible to "scapegoating" by groups in a congregation who are
unhappy with matters completely unrelated to music but choose the music
program as the most accessible target for hostility. An environment
of open communication is essential throughout the church to ensure that
differing perspectives are respected and encouraged peaceably to co-exist.
This communication is the responsibility of all church leaders.
D. Is there some other musical competitor who
wants your job and may be working to undermine your position in the congregation?
In a perfect world, this would not be a problem.
We do not, however, live in a perfect world. PAM and the American
Guild of Organists have specific ethical guidelines that address this
type of conduct by musicians. The session and pastor(s) should be educated
by church musicians as to the ethical standards applicable to church musicians
and about conduct which breaches such standards. Church musicians
should be unhesitating in taking other musicians to task when there is
real evidence of improper conduct. Generally, reliance upon the
grievance mechanisms of professional organizations will be more productive
than undertaking personal action in this regard. There are potentially
legal remedies available as well, particularly if the musician holding
the position coveted by another musician is under a contract or employment
agreement with the church.
E. Is there any general or fundamental incompatibility
between you and the Pastor(s)?
Experience teaches that both clergy and musicians may
ignore overt danger signals that should provide clues to potential trouble
in an employment relationship. Also, persons can change with time
and it is not inconceivable that a musician who has stayed with the same
pastor for ten years finds that the pastor has changed, thus changing
the relationship. Musicians themselves change with time as well.
A significant area of incompatibility may be between the respective theologies
of the musician and pastor concerning the role of music in worship.
A musician may feel passionately that music in worship is for the glory
of God and, as such, should always be the best, most exalted and highest
quality offering possible. A pastor may feel, with equal passion,
that music in worship primarily serves an enabling function for the worship
of the faithful and that music needs to meet people "where they are."
If the musician's and pastor's concepts do not precisely coincide, potential
for conflict exists. This, as in all other aspects of shared ministry,
is an area in which loving compromise, open communication and focus on
common goals can permit the expression of both ideals.
When
a musician investigates a vacant position, he or she will seek conversations
with persons who know the reality of that post. When interviewing
for a position, the musician should encourage serious discussions about
the theology of worship.
Minor differences may be resolved by an agreement to disagree and to avoid
subsequent conflict over the issue. Major incompatibilities will
require someone to change. In the best of situations, the change
will occur on all sides, with everyone giving a bit and receiving a bit.
However, this is not always a possible solution. The musician, pastor,
and session must remember that decisions regarding worship are made collaboratively
between all three parties.(W-1.4000) The session and pastor
have authority over certain parts of the worship enterprise. (W-1.4004-4006)
The Directory for Worship also presumes that there will be regular conversation
between the pastor and the musician, with the session responsible for
seeing that these conferences take place "appropriately and on a regular
basis." (W-1.4005b)
F. Are you in a congregation that is between pastors?
A church musician is particularly vulnerable in the
period of time in which a congregation is between
pastors. During this interim time, the musician may be faced with
direct supervision from lay members of the parish or may be afforded greater
control over worship, music and liturgy than would ever be the case when
an installed pastor is in place.
Where the departure of a pastor has been the result, directly or indirectly,
of conflict and strife in the congregation, the unrest and anger generated
by such conflict may become refocused on the musician or the musical program
of the institution. The period between pastors is an excellent opportunity
for factions within an institution to vie for control. A musician
may be drawn into, and subsequently become a casualty of, such battles.
A prudent musician will avoid being drawn into the conflict.
The departure of a pastor for happy reasons can still be the occasion
of risk for the church musician. Well-intentioned lay persons may
demand pro forma resignations from institutional staff to afford a new
leader "a clean slate" with which to work. Such resignations are
not required of lay staff by the Book of Order. Prudence suggests
that provisions governing this situation be included in the musician's
employment agreement.
A musician working without a written employment agreement may find it
useful to work out a "bridge" contract with the institution pending the
installation of a new pastor. The provisions for this agreement
would be the same as for any regular employment agreement for the musician,
except that it will need to address specifically the term of the musician's
employment after the arrival of the new pastor.
It is important to remember that all non-ordained staff of a local congregation
are hired by the Session. (G-10.0102n) While an incoming installed pastor
may have a great deal of influence regarding the hiring and retention
of the staff, particularly the non- ordained staff, it is ultimately the
Session's responsibility.
G. Are there problems in the music ministry in
the congregation?
It is generally expected that problems in job performance
will be honestly identified and dealt with by the musician, particularly
when discussed in performance reviews. Musicians should recognize
that it is no sign of weakness to discuss problems in their programs with
clergy and other program staff. Such discussions not only foster
the sense of shared ministry in a congregation but afford the musician
support and an assurance that he or she is not working in a vacuum.
Some of the factors that may suggest that there are problems in a congregation's
musical program
are:
1. reduced attendance and/or participation by volunteers;
2. repeated comments from clergy, lay staff or members
of the congregation that the musician's
programs do not support the
other ministries of the church.
3. insubordinate or "seditious" choir members or parishioners
with an ax to grind;
4. recognition that the musician would rather avoid
conflict than confront a problem situation
forthrightly in the context
of ministry, i.e., running from a problem, or hiding from the
problem, rather than meeting
it with direct communication and a sincere desire to seek
a solution.
5. resistance to change by participants in musical
programs arising from unhealthy loyalty to or
nostalgia for prior musicians
or other staff persons.
H. Budget considerations
Economic trends affect the income of religious institutions
just as they do for workers and professionals in commerce and business.
Churches are not immune to economic pressures and when revenues are declining
in an institution, music programs are vulnerable to budget cuts.
The session may be tempted to cut program costs and reduce musicians'
salaries. Some think that church music can be done by volunteers
as well as by paid staff. When budgets need to be cut or resources
reallocated, the music program is a tempting target. Many in the
congregation may not understand the musician's job.
A church musician can help everyone understand his/her work by the simple
expedient of keeping an accurate daily log of activities, tasks performed,
practice undertaken, calls to volunteers, etc. being done. This
log should include all time spent by the musician on behalf of the church,
including time at home at a piano keyboard, time spent listening to recordings
of new music for choirs, time spent reviewing single copies, library and
administrative tasks.
Thus, the musician will be able to answer with precision the question
"Just what do you do with your time?" The musician may also surprise him-
or herself, as well as the church, by the amount of time that is actually
spent in performing the job, justifying salary increases or allocation
of some duties to other staff.
The fairness and appropriateness of institutional perceptions and actions
are widely and vigorously debated. However, these perceptions and actions
represent the reality with which church musicians must deal. Accordingly,
the church musician should consider the following factors as potential
warning signs:
1. Are congregational revenues declining?
2. Has music been funded by trust or investment funds
that are in a reduced income state
because of current interest
or return rates?
3. Does a reduction in your music budget reflect dissatisfaction
with your program?
4. Is your position being redefined into a form you
would not accept, whether by reduced
time and compensation or increased
duties with no increase in compensation?
5. Do your pastor and session understand the relationship
between the hours of service
required by your position and
the money allocated to compensate you?
6. Do your pastor and session have a true understanding
of what it takes in time, skills and
effort to do your job?
7. Is your salary or budget being cut to allow addition
of other clergy or staff?
I. Is the music program "too" successful and making
clergy or staff look inadequate by comparison?
It is a regrettable fact of human nature that jealousy
can undermine any personal or professional relationship. In an institution
in which some programs are faltering or have become completely dysfunctional,
a successful music program can attract unfavorable attention because it
forces comparison between that program and other aspects of the institution's
operations. The musician can become the focus of anger, suspicion
and hostility from supervising clergy or other staff whose job performance,
for whatever reason, does not appear to be achieving the same level of
results.
When
a music program significantly outshines other programs in a congregation,
the musician should be aware of the potential for trouble and be especially
attuned to the need for close communication with clergy and staff so that
a sense of teamwork is fostered. It is vital for the musician to
seek to integrate music with the overall ministry of the congregation,
rather than having the program function as a separate and distinct aspect
of the congregation's ministry.
J. Are there issues in your personal life which
affect your relationship with the pastor, the session and/or the congregation?
A number of intensely personal factors may affect the
manner in which the job performance of a church musician is perceived.
These include age, marital status, sexual orientation, substance abuse,
political affiliation and the state of the musician's physical or emotional
health.
It is beyond the scope of this document, and certainly beyond the ability
of PAM, to resolve or even to explore fully the vast range of debate that
such issues present. A church musician must remain sensitive to
the currents and tides of issues in the institution in which he or she
is employed. A church musician must constantly assess the extent
to which his or her actions, conduct or job performance may come into
conflict with deeply held beliefs, political agendas or other objectives
of one or more groups within the congregation, or of the congregation
itself.
The questions listed here along with other suggestions are offered with
the hope that any and all conflicts can be addressed and resolved.
Most often they can be. Resolution takes hard work, open communication,
flexibility, and perseverance, all in keeping with faithful Christian
discipleship. The result can be better working relationships which
grow out of greater understanding and deeper respect among colleagues.
The community of the church of Jesus Christ calls for no less.
(Return to Table of Contents)
ON
THE BRINK OF TERMINATION
Despite sincere efforts, conflicts are not always resolved,
even with hard work. Sometimes, church musicians will find themselves
in a position where it appears that termination is imminent. In
such situations, a resignation may have been requested, or a musician
may have been advised that, by a certain time, new employment should be
obtained. Addressing the following questions may help the musician
survive the shock and stress of termination so that she/he can move forward
with health and confidence towards the net stage of a professional career.
A. Personal risk assessment--is the fight worth
the prize?
It is natural and instinctive for any person to wish
to fight to keep that which the person believes rightfully belongs to
them. Yet, any fight or conflict carries risks. Some conflicts,
arising over moral, spiritual or personal welfare and safety issues, have
to be fought regardless of the risks involved. Rarely, however,
are the issues involved in termination as clearly defined in absolute
terms.
A musician considering whether to fight to keep a job must undertake a
complete analysis of the
risks that attend such a conflict. Legal counsel may be retained
to help with risk assessment. Issues
for consideration include:
1. Personal risks: these include financial, invasion
of privacy, potential embarrassment,
consumption of time and energy,
and if legal action is taken, financial resources as well.
The musician must decide if
he or she has the will and stamina to see the fight to the end.
2. Professional risks: these include an unfavorable
reference or employment history, acquiring
a reputation as a "trouble
maker," general publication of unfavorable reports concerning
professional competence and
job performance and even the public questioning of your
moral fitness to be employed
by a religious institution. The musician risks a working
relationship with the congregation
if the musician wages such a fight and prevails.
3. Program risks: Division and conflict may destroy
completely any good work previously
done in the congregation.
4. Risks to institutional integrity: In some instances,
a fight for a job may entail direct conflict
between the musician and significant
political factions within a congregation. If the musician
is popular, respected, well-loved
and of long standing in an institution, a real threat exists that
the institution could be severely
damaged or further divided by such conflict.
This list of considerations does not mean that it is necessarily inappropriate
or even damaging for a church musician to make a stand for fairness in
the employment relationship or to seek to keep a position that is, for
wrongful reasons, being taken away. It may require the assistance
of personal legal counsel for a church musician to evaluate the potential
risks and benefits of fighting to keep a job. Every such situation
shares common factors with other such situations, but also presents unique
factors which could make comparisons with other apparently similar situations
unhelpful. It might also be helpful to seek out conversations with
trusted church musicians and/or pastors to ensure keeping perspective.
B. Where will support come from if you decide
to fight for your job?
The musician must ask and answer:
1. What level of support is there for the musician
in the congregational programs over which the
musician has control, i.e.,
from choristers, parents, etc.?
2. What level of support does the musician anticipate
from the session?
3. What level of support does the musician anticipate
from other program and/or ordained staff?
4. What level of support does the musician anticipate
from the congregation?
5. What level of support does the musician anticipate
from organizations and structures
outside the congregation?
C. Reality testing--what usually happens versus
what you hope for
In the course of crisis intervention, assessment of likely
support for a church musician in an employment conflict tends to be somewhat
more optimistic than ultimately results. Certain basic operative
facts need to be kept in the forefront of the support and risk analysis
process:
1. Presbyteries do not, as a matter of course, interfere
with staff decisions in congregations.
2. Sessions tend to support incumbent pastors no matter
how long or short a time they
have served in the institution.
3. Congregational indignation is short-lived and generally
ineffective to reverse staff decisions
made by pastors and sessions.
4. Encouraging dissension within the membership of
a congregation is most often
counterproductive, especially
when it occurs after adverse decisions have already been made.
Considerations of fairness and justice notwithstanding, these factors
reflect the realities of job conflict in the religious institution.
There will usually be a greater willingness on the part of the institutional
membership to sacrifice an employee in the interest of maintaining the
semblance of unity and order within the institution.
D. What are the church musician's best options
for surviving conflict?
1. Written employment agreements
The first line of defense for conflict management and survival of the
church musician is to insist, at the outset of employment, upon a written
employment agreement that makes specific provisions for regular review
of job performance, mechanisms for the amicable resolution of conflict
and which details the means by which employment may terminate and the
responsibilities of both the musician and the hiring institution upon
the occurrence of that contingency. (Note: State laws vary with
respect to employment contracts and employment agreements.) If the church
has written personnel policies, the musician should be thoroughly familiar
with them.
2. Regular job performance evaluation
The second line of defense against job conflict is an insistence upon
regular job performance evaluation by the session and pastor. If
change in the musician's job performance is needed in order to meet the
needs of the institution and the musician is willing to make such changes,
the process should be carefully detailed and a timetable should be worked
out for the reasonable implementation of all requested changes.
A committee of representative persons may help ensure fairness in the
process.
If it is apparent that the only resolution of the job conflict will be
the termination of the church musician, the adage that "the best defense
is a good offense" is well taken. This is not to suggest launching
a broadside attack upon the hiring institution or individuals in it.
Instead, the musician whose employment is manifestly and irrecoverably
in jeopardy should seek to gain some measure of control over the process
of termination by cooperating with the institution to work out a plan
for constructive transition.
This plan should be agreed upon between the musician and the leadership
of the institution. It should set out specific goals to be achieved
in the closure of the musician's tenure, both by the musician and by the
institution. The agreement should establish a specific timetable
for closure of the employment relationship and the financial terms for
severance. This plan should also involve the oversight of a representative
committee to monitor and evaluate the progress and fairness of the closure.
(Return to Table of
Contents)
FOLLOWING
TERMINATION
When a church musician has been terminated, for whatever
reason, shock and grief on the part of the musician are natural and inevitable
consequences. Knowledge that the phenomenon of grieving will occur
does not necessarily mitigate the harshness of its effect. That
knowledge, does, however, help a person to plan for support. Failure
to deal with the grieving process and to test reactions against unpleasant
realities may result in a complete personal and professional paralysis.
A. Stages of grief
Grief occurs in discernible and differing stages.
These stages have been described with great lucidity and insight in the
book On Death and Dying by Elisabeth Kubler-Ross:
1. Denial and isolation
This stage of grieving presents considerable danger to the church musician,
as it occurs at the onset of the grieving process and will usually be
coincident with the initial aftermath of the news of termination.
This is a point in time in which the musician must necessarily make a
number of difficult decisions concerning whether to contest a termination
decision, how best to negotiate conditions of severance and how to smooth
the road ahead for the next career move.
This is also the time in which the musician will need the loving support
of friends and colleagues, yet
will, because of denial and the tendency towards self isolation, be least
likely to seek out that
support. As difficult as it may be for the musician, no significant
decisions should be made about
professional matters in this stage without seeking the advice of personal
legal counsel and/or trusted
friends and colleagues.
It has been observed in termination situations that potential for achieving
mitigation of the disastrous
impact of termination upon the musician has been lost in the first twenty-four
to thirty-six hours after
notice of termination has been given. This underscores the importance
of making adequate contingency plans for coping with worst-case circumstances
so that the outcome of a termination situation does not rest, by virtue
of surprise and default, completely in the control of the terminating
employer.
2. Anger
Grieving involves anger provoked by the loss. Anger may be directed
towards the external agency
viewed responsible for the loss, towards self and towards the job lost.
When employment is lost, an immediate and natural reaction is to be angry
with the employer for taking away one's job or for
imposing conditions on the employment that were, in the estimation of
the employee, impossible to
fulfill or so unreasonable as to make the termination inevitable.
Many persons have doubts and insecurities concerning whether termination
could have been
avoided if more effort was applied to the job performance. These
doubts may lead the musician to
assume an unreasonable and disproportionate amount of blame and responsibility
for the conflicts
leading to termination and the consequences of the termination itself.
Finally, the musician may focus
anger on the nature of the job itself or the failure of the profession
he or she has undertaken, feeling
failed and abandoned by a calling to which he/she has been faithful.
3. Bargaining (action and reaction)
Out of frustration and a sense of being powerless to make any headway
against the terminating
institution, the musician may seek to "bargain" with the situation in
angry and destructive ways.
Whether couched as an effort to achieve "justice" or simply as a last
vain hope to regain what
appears to be lost, much of the activity that occurs at this stage takes
on the nature of rage, tantrums or passive-aggressive efforts to enlist
parties external to the conflict to assist in the fighting of the musician's
already lost battle.
No matter how unfair, unjust or arbitrary the actions of others may be,
we must insure our actions
and our reactions to others focus on the redemptive and resurrective possibilities
that are at the
foundation of our faith. Walking in the way of Christ means our
actions at his time should promote
the concepts of love and justice by which we want all our employment relationships
to be governed.
4. Depression
The clinical effects of depression are well documented and in general
currency in modern
knowledge. They include sleeplessness, constant tiredness, dramatic
reduction in the ability of
individuals to cope with stress and adverse circumstances, difficulty
in thinking clearly in abstractions
and a general lassitude with respect to making decisions and performing
actions.
All of these are conditions which will interfere with the terminated musician's
ability to make clear
judgments and right decisions for future actions. The tendency towards
depression in this context
underscores the value of seeking support and counseling from professional
colleagues, counsel and
even mental health professionals. Avoiding the instinct towards
isolation at this stage of grieving may
also provide significant mitigation of the effects of depression.
5. Acceptance
Acceptance of reality is a first step towards receiving the gift of grace.
It is an essential prerequisite
for the enabling of healing and for an adequate closure of an employment
relationship. It is also the
ultimately liberating step for the grieving individual. The denial
of reality through the maintenance of
anger, grudges and ill will imprisons and wounds only the individual who
maintains the state of denial, not the persons towards whom the anger
may be directed. The Gospel is filled with teachings that illustrate
the healing power of forgiveness, not only for the forgiven but for the
forgiving. The worth of a person can only be defined through a vertical
relationship with God, not through the perceptions of other persons with
whom an individual may have horizontal relationships through employment
or otherwise.
B. The practical implications of termination
Even while dealing with the personal and spiritual
implications of termination, the church musician
must not ignore the practical aspects and consequences that will accompany
an unplanned or
unanticipated change in employment. A number of questions need to
be addressed regarding the
individual's decision whether to contest termination or how best to manage
the process of closure.
These questions include:
1. Financial implications of termination
What are the musician's current financial obligations? How will those
obligations be met in the
absence of salary? What resources will be available until new employment
is obtained? How are
the musician's needs addressed by any proposed severance package? Does
a new job mean
relocation to a new city or state? Do the musician's personal circumstances
render it impractical to
leave a present location, sell a house, etc.?
2. Professional implications of termination
Does termination from the position attach any stigma to the musician?
How can management of the
termination situation result in improved prospects for the musician in
other jobs? Is the musician's
professionalism equal to the task of maintaining status quo at a minimum
in all programs underway at the employing institution during a period
of transition and closure?
3. Personal implications of termination
How will the musician deal with the feelings of failure and inadequacy
that termination will bring?
How will the musician deal with the anger at what will almost certainly
be perceived as unfair and
unjust actions on the part of the employing institution? Will the musician
have access to counseling to assist in working out constructive approaches
to the problems and conflicts that the termination
situation creates? How will the emotional roller coaster of termination
affect intimate relationships,
spouses and friends?
C. Severance and legal issues
1. Provisions of the employment agreement
In the event that termination occurs while the musician is working under
a written employment
agreement, it is likely that the provisions of that document will control
the process of termination. If
the agreement is silent as to termination, severance and dispute resolution,
the musician will generally have little if any ground upon which to challenge
adverse actions taken by the employing institution.
2. Advice from independent counsel
Consulting with independent personal legal counsel can have a number of
benefits for the musician
who is being terminated from employment. The attorney can, of course,
provide advice concerning
the legal issues of the termination and what recourse the law may be able
to offer the musician. The
attorney will also be an advocate for the musician while not being so
emotionally involved in the
termination process that objectivity and independent judgment are clouded.
An attorney may be able to assist the musician in negotiating a severance
package that is fair and just or which will significantly mitigate the
financial disaster of termination.
3. Severance compensation
Even in terminations where healthy process has not been followed and anger
and hurtful actions
have been allowed to cloud underlying reasons for conflict and render
reconciliation impossible, most religious institutions find it appropriate
to offer some form of severance package to terminated church musicians.
Ideally, severance is governed by contract through the written employment
agreement.
A terminated musician may be pressed for an immediate decision regarding
tendering a resignation
or acceptance of termination with severance. A musician may be threatened
with a withdrawal of
any severance benefits if the musician consults with counsel or even takes
time to reflect on events
before making a decision. For all of the reasons noted in the discussion
of grieving above, it is
crucial for a musician confronting termination not to make any immediate
decisions when given notice of termination and not to yield to pressures
to make an immediate decision concerning severance.
D. Role of PAM
An obvious question for a PAM member confronting termination
will be "What help and support
will PAM give me during this traumatic time?" The answer to that question
is a continually evolving
one, but certain basic principles have become clear to the Executive Board
over the years of its
existence:
1. Support versus intervention
Intervention seeking to mediate disputes between employing institutions
and musicians is not
effective unless it has been solicited by both the musician and the institution.
In most instances the Executive Board has found it to be helpful to focus
on proactive measures to
encourage conflict ventilation and resolution before termination becomes
the only possible outcome.
The Executive Board has also assisted terminated musicians in focusing
on the need for achieving
damage control and minimizing adverse professional impact on the musician.
2. Education
Through its conferences, its Journal, (Reformed Liturgy and Music), annual
meetings and the
resources of the membership, PAM provides extensive opportunities for
the education of members
in areas of professional concerns, conflict resolution and professional
conduct. PAM is willing to
provide, through its Executive Board, consultation to hiring institutions
who were experiencing
difficulties with their musicians and wished to explore avenues of professional
growth and dispute
resolution with their musician, rather than simply terminating the musician.
The resources of PAM are available to every member and to the institutions
served by the
members. PAM has been instrumental over the years, in educating
congregations concerning written employment agreements, fair termination
provisions, pro forma resignations and compensation packages. It
is a challenge to every member and to PAM to continue this educational
effort in the areas of dispute resolution and professional handling of
the closure of employment relations.
It is also, on occasion, the difficult task of the Executive Board to
educate a terminated musician
concerning the actions and inactions which have placed the musician into
unemployed status. It has
consistently been the philosophy of the Executive Board that it would
not reflexively take the side of
a musician in a conflict situation merely because the musician was a member
of the Association and
requested support. While insisting that procedures associated with
termination and severance be fair and just, the Executive Board has never
hesitated to acknowledge proper PC(U.S.A.) authority or to encourage terminated
musicians to accept their rightful share of responsibility for adversely
resolved conflicts. At the same time, the Executive Board has striven
to educate those musicians in
skills and techniques that would help them to avoid similar problems in
the future.
3. Employment networking
The employment service offered by PAM (operated through the Association's
Office in Louisville,
Kentucky) is an invaluable resource for members who need to find new employment.
The scope of
the services affords access to full and part-time employment opportunities.
Any member who feels a need at any time to explore employment opportunities
is welcome to use this service for a small fee.
4. An ear for listening, a shoulder for crying
PAM offers compassion and help through its Professional Concerns Committee.
Members of this
committee are available to receive telephone calls and letters from members
who are in troubled
situations. The Committee exists to serve the membership, and is
available to listen to the problems
of members and to attempt to help members in troubled circumstances sort
out their options and
responsibilities. The membership of the Professional Concerns Committee
represents a wide range
of experience and expertise.
F. Easter triumph, Easter joy
As Christians, we are people deeply ingrained with
resurrection theology. We look, as a matter of
faith, for triumph in adversity and for redemption, by God's grace, of
even the most evil situations.
Even at the grave, we make our song: Alleluia, alleluia, alleluia.
The termination of a church musician's employment, wrongful or justified,
fairly or unfairly done,
presents to the musician opportunities by which the adversity may be redeemed
and triumph
realized. Did the termination of a musician result in a complete
reappraisal of professional and
interpersonal skills by the musician, leading to further training and
significant changes in outlook and
approaches to job performance? If so, there is resurrection. Did
the unfair termination of a musician
and the resulting hurt and division in the employing institution cause
the leadership of the institution to reassess and change the means by
which it maintains its employment relationships? If so, there is
resurrection.
Termination presents dual and seemingly contradictory challenges to the
musician. No one can
safely or in faith permit self worth and esteem to be determined by perceptions
of others or to be
diminished by the wrongful actions of others. On the other hand,
Christian individuals are obliged to
accept responsibility for their actions and to learn from adversity, using
the knowledge and
experience gained from what seems to be death to bring forth new life
and hope. If a musician
accepts and lives these challenges through a termination, then, again,
there will be resurrection.
(Return to Table of
Contents)
FOR
FURTHER READING:
Halverstadt, Hugh F., "Managing Church Conflict"
Westminster/John Knox Press, Louisville, KY
Fisher, Roger, Ury, William, "Getting To Yes"
Penguin Books, New York, NY
Leas, Speed B., "Discover Your Conflict Management Style"
The Alban Institute, Mount St. Alban, Washington, DC
Leas, Speed B., "Moving Your Church Through Conflict"
The Alban Institute, Mount St. Alban, Washington, DC
(Return to Table of
Contents)
CODE
OF ETHICS
for
members of the Presbyterian Association of Musicians
1. All individuals shall be eligible for membership
and participation in the Presbyterian Association of Musicians.
The Presbyterian Association of Musicians -its Headquarters,
Executive Board, and Chapters- shall not discriminate on the basis of
race, national origin, age, religious affiliation, gender, marital status,
sexual orientation, disability or medical condition (including, but not
limited to, Acquired Immune Deficiency Syndrome).
All members of PAM are entitled to enjoy the privileges and are expected
to accept the
responsibilities of membership. Members shall be considered equally
for PAM offices and
participation in PAM activities. Members shall abide by the Code
of Ethics, the Guidelines for the
Employment of Church Musicians in Presbyterian Churches, the Constitution
of PAM and the
bylaws of their local chapters.
In PAM's Referral Service, referrals for prospective employment shall
be based solely upon
professional competence and availability.
PAM shall consider members' physical disabilities when choosing sites
for its activities, and PAM
shall endeavor to make printed materials accessible to members with visual
disabilities.
2. PAM members shall strive to promote good working
relationships within this organization and within their employing institutions.
PAM members shall observe both the spirit and the letter
of the Code of Ethics in their dealings with PAM, with individual members,
with musicians under their supervision, and in their relationships with
employing institutions.
Members shall address differences of opinion within this organization
(PAM) through appropriate
channels, including its Executive Board. Members shall address differences
of opinion with
employing institutions (local church) through appropriate channels, including
its Personnel
Committee, as provided by their individual employment agreements.
3. PAM members shall respect the employment of
colleagues.
PAM members shall not apply for a position, appear
to be soliciting a position, engage in discussion about possible employment
or attempt to place a student or colleague in a position until the incumbent
shall have resigned or been notified of termination by the institution.
It is the responsibility of the member to determine whether the incumbent
has been notified. Furthermore, members shall not undermine or attempt
to dislocate an incumbent.
A PAM member may accept a performing engagement only when such an engagement
has been
approved by the incumbent musician. It is the responsibility of
the member to determine whether
approval has been granted.
In cases where such a performing engagement for a wedding, funeral, or
other occasional service
has been requested by a third party, it is appropriate for the third party
to offer the incumbent the
customary fee as a professional courtesy.
4. PAM members shall respect the legal rights
of others.
PAM members shall respect the property rights of composers,
authors, and publishers by being
aware of and complying with the copyright laws and attendant procedures
regarding performance,
reproduction, and performing rights.
PAM members shall respect the employment rights of others by being aware
of and complying with
all laws and procedures pertaining to immigration and work permits.
(Return to Table of
Contents)
SAMPLE
EMPLOYMENT AGREEMENT
Name of church
_________________________________________________
hereby engages _________________________________________________
name of musician _________________________________________________
for the position of _________________________________________________
title of position _________________________________________________
beginning _________________________________________________
date _________________________________________________
The annual salary for this position is ____________________________
payable at the rate of _________________ per _____________.
The
position carries these additional benefits:
_____________________________________________________________________________________
Social Security
Pension
plan
name of plan
_________________________________________________
Life
insurance
name of company _________________________________________________
Health
insurance
name of company _________________________________________________
Vacation
with pay
number of weeks _________________________________________________
Moving
expenses
amount $_______________
Car
allowance
____ cents per mile
Housing
allowance
Amount $ ______________
Utilities
Amount $ ______________
Continuing
education allowance
Amount $ ______________
After ________________ (e.g., one year from the date of employment), this agreement may be terminated by either party upon 90 days written notice and may be changed at any time by written agreement of the parties. The recommendations of the Presbyterian Association of Musicians will be followed for the music program of this church.
Signature of church official _________________________________________________
Signature of musician _________________________________________________
Date _________________________________________________
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