Fernandez compared the voluntary relationship churches and pastors have with the Florida Baptist Convention to that of lawyers’ required membership in the Florida Bar.  In contrast to Baptist pastors and their relationship to the convention, attorneys are required to be members of the bar, which stipulates its members must attain and maintain certain educational standards, are licensed and can have their license removed. Nevertheless, the Florida Bar cannot be sued if one of its members violates the law.

The Florida Baptist Convention has filed two post-trial motions seeking reversal of an “inconsistent” jury verdict in May that found it liable for sexual abuse committed by a former church planting pastor. While the jury found the convention liable for sexual abuse of a minor committed by the pastor, it also agreed with the convention’s contention that the pastor was not its employee.

“You can’t make a finding that we’re responsible for, in essence, behavior that is associated with someone who’s under my employ and then turn around and make a decision factually that the person was never under my employ,” E.T. Fernandez III, who is representing the convention, said in a June 7 interview with Florida Baptist Witness.

“Legally, we call that an inconsistent verdict,” Fernandez, of Jacksonville, explained. Fernandez has filed a motion for a new trial and a motion for “judgment notwithstanding the verdict.”

Lake County Circuit Judge G. Richard Singletary has scheduled an Aug. 1 hearing to consider the convention’s motions, as well as a motion from the plaintiff seeking a final judgment on behalf of his client, Fernandez said. Although Fernandez is not optimistic the judge will rule favorably on the motions, he said the judge “would have to realize there is a flaw in the verdict.”

If the post-trial motions fail, Fernandez said the convention would appeal the verdict. Such an appeal, though, would not happen until later because a separate trial to determine possible damages has yet to commence. The previous judge in the case ruled liability and damages had to be tried individually.

After the plaintiff’s presentation of its case during the trial, Fernandez said he moved for a directed verdict in favor of the convention on the basis that even before his defense the plaintiff failed to prove its case. The motion was denied. Fernandez said the verdict attempts to “create new law” with the plaintiff seeking damages from a “bigger organization that would have greater resources than either a local association or the church that might employ a pastor.”

After a two-week trial in May, the jury found Lake County Baptist Association and Bay Street Baptist Church at least partially at fault, although each party had previously settled with the plaintiffs, according to Fernandez. Douglas W. Myers, 63, is serving a seven-year sentence for molesting a 13-year-old boy in 2005 while Myers was pastor of Triangle Community Church in Eustis. He pled guilty in 2007. The boy’s mother filed the lawsuit in 2006. Fernandez told the Witness, “At the time these alleged events occurred, there is no dispute [Myers] was on a mission of his own. He worked for his own church. He was not associated with the local county association. He didn’t make requests from the convention for any kind of financial support.”

Myers acknowledged he was not the convention’s employee, Fernandez said. The convention did provide a grant to the Lake County Baptist Association for the planting of Harbor Baptist Fellowship in Howey-in-the-Hills in 2002. Both Harbor Baptist and Triangle, both formerly led by Myers, now are defunct.

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