RESOLUTION 12-04

Report R65 (CW, pp. 297–298); Overture 12-42 (CW, pp. 432–435)

Rationale

Bylaw 1.10.1 speaks of disputes, disagreements, or offenses as “a grave concern for the whole church” that “should be resolved promptly.” An oft-voiced concern regarding the current dispute resolution and suspension/ expulsion processes is that they take overly long to complete.

In addition, current time frames vary between the bylaws governing dispute resolution and those governing suspension/ expulsion processes, often for identical steps in the processes. The following changes to Bylaw sections 1.10 and 2.14 will conserve time and provide uniformity. The changes to Bylaw section 2.14 are also, upon adoption by the 2016 convention, to be applied to the 2.15, 2.16, and 2.17 processes as shown in the addendum to this report.

Also proposed is an addition to Bylaws 1.10.4 and 2.14.2 to accommodate unforeseen circumstances that at times make strict adherence to time frames impossible, also providing authority to the administrator of the process to grant exceptions and to report intentional non-compliance to the President of the Synod.

Finally, an additional source of potentially lengthy delay has been the difficulty experienced by the Commission on Theology and Church Relations in responding within the time frames established by bylaws to requests for opinions regarding theological issues surfaced by the dispute resolution and expulsion processes. Included in the proposed actions below is a bylaw solution that would authorize the executive committee of the commission to render these opinions within the established time frames.

Therefore be it

Resolved, That the following changes be made to Bylaw sections 1.10 and 2.14 to expedite and provide uniformity throughout the Synod dispute resolution and suspension/expulsion processes, it being understood that changes to the Bylaw section 2.14 process will be applied to the Bylaw sections 2.15, 2.16, and 2.17 processes during preparation of the 2016 Handbook.

PRESENT/PROPOSED WORDING

See resolution for proposed wording

and be it further

Resolved, That, to provide incentive for adhering to the time frames embedded in these bylaws, the following new definition paragraphs be added to Bylaws 1.10.4 and 2.14.2:

See resolution for proposed wording

and be it finally

Resolved, That Bylaw 1.5.3.2 be amended and a new Bylaw 3.9.5.2.3 be added to authorize the executive committee of the Commission on Theology and Church Relations (CTCR) to function on behalf of the commission and respond to dispute resolution and suspension/expulsion process requests for opinions:

See resolution for proposed wording