SBC Abuse Task Force Curiously Selects Guidepost Solutions While Ronnie Floyd Hedges on Waiving Attorney-Client Privilege

Spiral galaxy NGC 3254, NASA/Hubble

“We all want progress, but if you’re on the wrong road, progress means doing an about-turn and walking back to the right road; in that case, the man who turns back soonest is the most progressive.” CS Lewis


When I was in Switzerland, I visited Jungfrau, also known as the Top of Europe. The first thing most folks do is to go out on the glacier and start throwing snowballs at one another. However, there is a surprise that would be hard to detect while playing on the glacier. Below your feet is the stunning Ice Palace which was cut into the glacier. There are some coming posts, including this one, in which what you see at a glance is not the full picture.

Confusion over the current preeminence of Guidepost Solutions in the SBC

Some of the confusion in the SBC about the Sex Abuse Task Force rests with the communicators. For example, I admire Rachel Denhollander and have given her book to others. But I became confused when she recommended Guidepost Solutions to JD Greear when he was faced with the problems swirling around Bryan Loritts and his role in the seeming coverup of his brother-in-law’s Peeping Tom incident which you can read about in a post that I wrote. JD Greear, Bryan Loritts, and the Guidepost Solutions Investigation: Moving Quickly From Caring Well to Couldn’t Care Less

The fact that he was exonerated was not a surprise to me since I had written about Guideposts Solutions and their illustrious clients like  Harvey Weinstein, ARod, and Dominique Strauss-Kahn who I wrote about in Is Guidepost Solutions Really the Solution to Investigations in the SBC? I was quite confused by this development and felt better when I discovered that I wasn’t the only one.

Ronnie Floyd and BFFs are concerned about the legal liability of the Executive Committee surrounding their treatment of sex abuse claims in the SBC.

Julie Roys featured  an informative post: Head of SBC Executive Committee Questions Direction of Abuse Investigation

Ronnie Floyd, president of the Southern Baptist Convention’s Executive Committee, wrote an essay describing the leadership structure of the nation’s largest Protestant denomination.

In the essay, he cited a cherished ideal held by Southern Baptist pastors: “The local church is the headquarters of our Southern Baptist Convention.”

It appears to me that Floyd (known as Armani Ronnie due to his sartorial prowess) was emphasizing that folks better not try to upset the apple cart. It has been known for a long time that SBC could be considered a hierarchical denomination by the courts which would open them up to legal liability. That structure is even now being debated in the courts.

Here is the crux of this post.

Now, an investigation into the Executive Committee’s handling of sexual abuse claims over the past two decades may test Floyd’s commitment to that ideal.

Abuse advocates and victims had something to say.

Abuse advocates claimed that SBC leaders themselves had to answer for mistreatment of abuse survivors and how they mishandled claims of abuse. Those claims were repeated in letters from former Baptist ethicist Russell Moore, which became public after his departure from the SBC’s Ethics and Religious Liberty Commission.

The messengers to the SBC Convention, 2021, made their wishes clear and the leaders of the SBC Executive Committee have a serious problem.

the messengers instructed SBC newly elected President Ed Litton, an Alabama pastor who holds a mostly ceremonial role, to appoint a task force to oversee an independent investigation of the Executive Committee. That committee, according to a motion approved by the messengers, is responsible for hiring an outside firm for the investigation and setting the boundaries of the investigation.

Now for another “Yikes.”

The task force was also directed to agree to follow best practices suggested by the outside firm they hired, “including but not limited to the Executive Committee staff and members waiving attorney client privilege in order to ensure full access to information and accuracy in the review.”

Sex Abuse Task Force (SATF)

Let’s take a short break from The Roys Report and mosey on over to the SATF website in the FAQ section.

Why Guideposts? I still don’t have the answer to my question. How could they pivot from Harvey Weinstein to conservative Baptist theology?  I still don’t know. I have gone to the Guideposts Solutions site and it makes me nervous. However, I reminded myself I am no long Southern Baptist so I can sit back and watch the proceedings.

After extensive reviews by the Task Force, Guidepost was unanimously voted to retain as the third-party firm. Guidepost has selected a highly specialized team for this task and will continue working closely with the Task Force in ensuring that the structure and process is carried out as voted by the Messengers, while retaining full independence in its investigation and conclusions.

Broad information on the firm is available at guidepostsolutions.com, and Task Force updates will continue to provide information and further details on the team and process.

Money… my favorite subject. Who’s gonna pony up? Looks like it is coming out of the mission’s budget.

Where is the funding for the external investigation coming from?
The motion passed by the SBC in June called for the investigation to be paid from Cooperative Program Funds. The Executive Committee is responsible for figuring out how this is to be done, but the Task Force is suggesting that the EC use its reserve funds to pay for this mandated audit. Through careful management of Cooperative Program dollars, the EC has put aside a significant reserve for a rainy day. This mandated investigation certainly qualifies as a rainy day. The funds could be replenished over several years with no impact on this year’s Cooperative Program funding for all of our missionaries and seminary students. 

Is the Task Force being paid?
Neither the members of the Task Force nor its advisors are being paid. Travel expenses are being reimbursed when in-person meetings are required. All of the members are pleased to donate their time to serve the SBC and to serve the Kingdom of God in this endeavor.

However, the rest of this document discusses why attorney privilege should be waived.

Here is just a little of what they have to say.

Unfortunately, some organizations also misuse attorney-client privilege and deliberately try to hide information by including an attorney in the conversation or the document chain, to allow them to argue that the information of mishandling abuse or preventing reform is “privileged” and therefore hide it from being seen.

While we do not know whether any of these dynamics have taken place in the Executive Committee, we do know that they are common dynamics and that the third-party firm cannot do the job the Messengers have overwhelmingly asked them to do, if information is hidden under attorney-client privilege.

Can attorney-client privilege be waived?
Yes. The client is the holder of the privilege. This means that the client can choose to disclose communication with the attorneys and require the attorneys to disclose that information as well. The Executive Committee and its members therefore have every legal right and ability to waive privilege. It is important to note as well that the scope of the investigation is clear and limited – cooperation by members and staff of SBC Executive Committee for this assessment will not result in questioning or reporting on immaterial and irrelevant personal subjects.

Should the members of the SBC Executive Committee agree to waive attorney-client privilege?
Yes. The SBC Executive Committee should agree to waive attorney-client privilege for many reasons, including but not limited to the following:

Ronnie Floyd is not playing ball at this point.

Back to The Roys Report.

Floyd has not committed to waiving the committee’s attorney-client privilege in its contacts with Guidepost. Floyd also raised questions about whether doing so would violate SBC bylaws.

Floyd did not respond to specific questions. But according to a letter he wrote to the Executive Committee, Floyd said that statements by the task force should not be considered legal advice, adding that the committee had to decide whether or not to follow the best practices outlined by Guidepost.

The Washington Post posted Head of SBC Executive Committee questions messengers’ resolution in abuse investigation.

In this article, Floyd remains non-committed to waiving that privilege.

“We should seek to understand these best practices before we decide which practices to apply,” he said. “For example, if we do this incorrectly, will we be as a nonprofit organization, denying our rights to effective counsel in the middle of litigation?”

Floyd proceeds, in my opinion, to take a dig at the SATF.

Floyd also downplayed the role of the abuse task force, saying its only role was to hire an outside firm, wait for that firm to issue a report and then report back to the messengers.

Grant Gaines, who drafted the motion at the SBC meeting in June, believes that the Executive Committee must waive that right or they will be in conflict with the intent of the messengers.

Gaines drafted the motion at the SBC’s June meeting calling for the independent investigation, and when action on the motion was delayed, he appealed to messengers to overrule that decision. That appeal was successful, and the motion passed by a wide margin.
He said that waiving privilege is essential to making sure that investigators have access to all the information they need. Gaines said he hopes the Executive Committee will abide by the will of the messengers.
“I expect the Executive Committee to vote to waive privilege when they meet in September,” Gaines said.
Failing to do that, Gaines said, would put the Executive Committee in conflict with the clear statement by church messengers.

Does the Executive Committee think that sex abuse advocates are being misled by the devil?

Uh oh!  Is this why they ignored Jules Woodson’s request to deal with Steve Bradley who has never responded to letters from Jules. She submitted her slam dunk request to the Credentialling Committee (under the Executive Committee.) But good old Steve has a big Baptist church and given the decline in Baptist membership, they have to keep the big boys happy. Steve Bradley (Stonebridge Church) Who Didn’t Report Jules Woodson’s Abuse and Refuses to Speak With Her, Was Commended By the Credentialing Committee For Exemplifying SBC Faith and Practices

Religion News posted Southern Baptists approve abuse task force, say abusive pastors should be banned

The article gives examples of possible mishandling of sex abuse cases by the Executive Committee. Even worse

In early June, leaked letters from former SBC ethicist Russell Moore became public. Those letters included allegations that abuse victims had been mistreated by leaders of the Executive Committee. A leaked “whistleblower report” included an audio clip of Executive Committee president Ronnie Floyd, saying he was not concerned about what abuse survivors say about the SBC’s response to abuse.

“I am not worried about that,” he said. “I’m thinking about the base. I just want to preserve the base.”

A recent report from Rehoboth Baptist Church in Georgia also alleged SBC leaders had failed to look into allegations of abuse against a former staffer at the church who had moved on to allegedly abuse children at other churches. Executive Committee staffers have also been criticized for mishandling the case of abuse survivor Jennifer Lyell. A leaked email from a former Executive Committee staffer referred to abuse advocates as being misled by the devil.

What happens if the Executive Committee splits in its response or doesn’t play ball with Guidepost Solutions?

Here’s the problem. The Executive Committee is not sure they will waive this privilege. If they do not, there will be explosions. Realistically, what does Ronnie’s refusal to waive privilege say to you? Simply put, it says to me that they are hiding something. Surely they know this. My prediction is that, in the end, they will play ball because Guidepost Solutions will do what they did so effectively with Bryan  Loritts…N.O.T.H.I.N.G. This group is dedicated to making their clients happy. They will come up with a slap on the wrist or a light kick to the butt, a moment of repentance, and all will be well.

Do you think I’m wrong?

And what is the deal with Guidepost Solutions?

Comments

SBC Abuse Task Force Curiously Selects Guidepost Solutions While Ronnie Floyd Hedges on Waiving Attorney-Client Privilege — 41 Comments

  1. Makes me wonder if Armani Ronnie has some skeletons in his closet, sandwiched in between his high-end suits and shoes. I believe he’s never been anything more than a one-trick show pony anyway.
    ……. And the rest of the committee members …….. are they all hiding something, or is the goal just to make the SBC as a whole look sweet, innocent, and oh, so holy?? Maybe both?

  2. I was reading about present-day vicars who, when they were in their teens, got molested or beaten by christian leaders of those days, and now want to talk about it, but their minders (sometimes churchwardens) say they mustn’t.

    In this bunch of cases whether any actual attorneys would be supportive of clients waiving their privilege or not, the danger is that hierarchs may argue against allowing the client that discretion, both on the grounds that attorney knows best and that attorney mustn’t be seen as knowing best.

    Melodramatic corporate hiring of corporate attorneys and boasting that it was their own decision that their elbow (and all our elbows) got jogged, is core business, pastoring souls never got a look in.

  3. “Floyd has not committed to waiving the committee’s attorney-client privilege in its contacts with Guidepost. Floyd also raised questions about whether doing so would violate SBC bylaws.”
    +++++++++++++++++++

    SBC Executive Committee:

    So, who among you actually has courage, anyway??

    Stand up and say “No, Ronnie.”

    I imagine there’s at least one of you who isn’t a Yes-man.

    Stand up straight and tall, dissent loud and clear…

    i reckon at least a few others will stand with you.

    it just takes one independent thinker with the courage of his/her convictions.

  4. Excellent post.
    IMHO it outline what is exactly the problem with Church organizations.. They want to play the hard core, American Corporation approach using the American legal system, yet, at the “drop of the hat”, play the Spiritual card (i.e. the advocates supporting the sexual abuse victims are “of the devil”).
    You can not play it both ways. Or should I say, SBC is trying to play it both ways, but, it just exposes who they are really serving. The NT, in both the words of Christ, and all of the other books paint a unified message of supporting the oppressed, bringing truth to light, and exposing “bad players”. The American business-legal partnership is to minimize liability as much as possible and protect the business.. nothing wrong with that, but a clear DIFFERENT goal that Christ teaches the Church should be.

  5. The problem with trying to cover up rot is that it isn’t a long-term solution. If you don’t root it out, it spreads. Soon all your time, attention, and resources are devoted to keeping one step ahead of ruin. I hope there is still a core of sound believers in the SBC who will see what’s going on at the top and find ways to redeem what is still worth saving.

  6. Jeffrey J Chalmers: The NT, in both the words of Christ, and all of the other books paint a unified message of supporting the oppressed, bringing truth to light, and exposing “bad players”.

    My comment. Repeat of his comment, referencing JC & the NT.

    Problem (for some): JC & NT are not big money makers.

  7. SMull: . I hope there is still a core of sound believers in the SBC

    I’m closely connected to people (family and long-time friends) in 6 SBC churches – I am a previous member of 3 of those churches and still on the roll of the 4th.
    Ther are some sound believers left, but very few of them keep track, or even have a clue what’s going on. The few that do know the facts rarely share any information. Some are almost ashamed for others to know, but mostly others just don’t want to hear it.

    Of those 6 churches, only two of them send messengers to the conventions. People in only one of those churches discuss any SBC business —- and those discussions are very rare.

  8. Whether one likes Floyd or not, he would be insane to waive privilege in the face of this developing debacle.

    elastigirl:
    “Floyd has not committed to waiving the committee’s attorney-client privilege in its contacts with Guidepost. Floyd also raised questions about whether doing so would violate SBC bylaws.”
    +++++++++++++++++++

    SBC Executive Committee:

    So, who among you actually has courage, anyway??

    Stand up and say “No, Ronnie.”

    I imagine there’s at least one of you who isn’t a Yes-man.

    Stand up straight and tall, dissent loud and clear…

    i reckon at least a few others will stand with you.

    it just takes one independent thinker with the courage of his/her convictions.

  9. Waiver of attorney client privilege in the face of people who seek your destruction, dissolution and professional dismemberment would be an exercise of insanity.

  10. Scott Shaver,

    hmmm…. 2 things come to mind (for starters).

    1) gawd, i hate cliches but what do you think Jesus would do? honest question.
    .
    .
    2) Mitch Little is an attorney, a church elder and an advocate for abuse victims.

    He made the following comment in an interview with Julie Roys:

    “Nobody who is an elder at a church should have any aspect of their identity wrapped up in either the role of being an elder or in the success or failure of the organization. What I’ve told people is, “If you are not ready to blow yourself or the organization up in five seconds flat, you need to find a different hobby.””

    https://julieroys.com/podcast/lawyer-for-bill-hybels-victims-shares-inside-story/
    .
    .
    my take-away: why is the success of an organization (that calls itself christian but does egregiously corrupt things that destroy lives) more important than right and wrong and coming clean with nothing to hide on the side of what’s right?

  11. elastigirl,

    My take is there are darker motives at work here than some SBC leaders coming clean. Jesus, IMO, would tell them to be wary as serpents and harmless as doves. Perhaps he might even mention selling their cloaks and buying themselves a sword. In other words, lawyer up.

  12. elastigirl: why is the success of an organization (that calls itself christian but does egregiously corrupt things that destroy lives) more important than right and wrong and coming clean with nothing to hide on the side of what’s right?

    ‘Cuz titles, position, serving one’s ego, &/or playing cute little social games surpass empathy for the downtrodden.

    At times dismissiveness, at times maliciousness, in any case self-serving and cold, but sometimes downright evil.

  13. Ava Aaronson,

    Because if you check objectively, the history of Christianity and The Church has never been all pretty, sociably acceptable, and undefiled by both blood and sin.

    But it is the only earthly institution to which the presence and power of God is promised. And The Gospel has always been redemptive in nature.

  14. Scott Shaver,

    “never been all pretty…”

    True.

    “only earthly institution to which the presence and power of God is promised…”

    Also true, with the caveat of what is an “institution” or what is necessary to be church? “Two or three gathered together in My Name” said Jesus, which disqualifies, not based on numbers, but purpose.

    Dr. Arthur Rouner does a nice explanation here, with the story of the founding of the Congregationalists separating from the King & Church of England. 2-3 in JC’s name being enough.

    https://godspeedinstitute.podbean.com/e/the-congregational-church-with-arthur-rouner/

    Empathy for the downtrodden is on the Pilgrim’s path of blessedness according to JC, and Psalm 1.

  15. Scott Shaver: But it is the only earthly institution to which the presence and power of God is promised.

    I think that similar promises are made in Judaism and other religions as well.

  16. Scott Shaver,

    At least they wisely went into Ex Comm to confer with their attorneys per the advice of Guidepost. Now they probably should exercise their fiduciary responsibilities and refuse to waive privilege.

  17. Scott Shaver,

    I think and hope I understand you… I hung up on the word “promised.” Those promises of Christ apply to Christians like you and me. I also believe that God has not forsaken the Chosen People. God remains present in Jewish worship services.

    Beyond that, other religions do make claims similar to those of Christianity; they do not have Christ, but they have worship and prayer and belief. We can afford to acknowledge that, I think.

  18. Friend,

    I acknowledge but am not influenced by what other world religions claim as truth unless it lines up with Scripture and the witness of the Holy Spirit..

  19. Scott Shaver,
    Scott Shaver,
    ++++++++++++++

    I hear you saying that the SBC (as representative of the Christian Church institution) is too big to fail. Just like the banks that were bailed out in the 2008 financial crisis.

    I hear you saying that the institution is what matters, not the individual.

    I hear you saying that financial responsibilities trump all other things a christian leader is duty-bound and honor-bound to fulfill.

    I hear you saying that the ends justify the means is an appropriate faith statement for the christianity.

    please clarify as needed.

  20. Probably because you hear only what you WANT to hear.

    elastigirl:
    Scott Shaver,
    Scott Shaver,
    ++++++++++++++

    I hear you saying that the SBC (as representative of the Christian Church institution) is too big to fail.Just like the banks that were bailed out in the 2008 financial crisis.

    I hear you saying that the institution is what matters, not the individual.

    I hear you saying that financial responsibilities trump all other things a christian leader is duty-bound and honor-bound to fulfill.

    I hear you saying that the ends justify the means is an appropriate faith statement for the christianity.

    please clarify as needed.

  21. Scott Shaver: it is the only earthly institution to which the presence and power of God is promised

    Well, since neither appears to be in place in this thing we call “church”, perhaps Christianity needs to pause and reflect on what exactly we are doing, who it is we are worshiping, and where we are going … in order to get back under the promise.

  22. Friend,

    Crappie fishing was good. Caught several, with some keepers for the fry pan. May deep-fry some tonight in peanut oil with fries and hush puppies.

  23. elastigirl,

    Friend’s recipe is essentially the one we use. They go great with deep-fried crappie or catfish fillets. Legend has it that the name “hushpuppy” originated during the Civil War when Confederate soldiers tossed fried cornbread to their dogs to silence their howls.

  24. Max,
    Friend,

    Hush puppies
    ++++++++++++++

    Do you fry them in a regular frying pan? How much oil?

    Or do you use a deep fryer? (I’m sort of afraid of those….)

  25. This is, like, the ultimate safe topic.

    We could also talk about ice cream again.

    Yesterday I had honey cornbread ice cream — it was outrageously good!

  26. Elastigirl,

    I gave up frying a while ago… no matter what Max thinks. 😉

    Max, you mentioned peanut oil, which is the best. Do you have a deep fryer, or do you use a dutch oven or stock pot?

  27. Friend,

    Deep fryer (electric). My father used a large cast iron pot over a propane burner … I can still taste his fried catfish, hushpuppies, and fries cooked in that rig at family reunions.

  28. Friend,

    And since you asked, I caught two more messes of crappie today. Fillets are in the freezer. Stocking up for winter while the fall crappie bite is hot.

  29. Scott Shaver: Which promise specifically?

    The presence and power of God, of course! No one with any spiritual sense would include the Christian Industrial Complex of experiencing that promise right now.