RESOLUTION 12-09
Overture 12-42 (CW, pp. 432–35)
A. To Add “Appeal Panel” to Bylaw Section 2.14 Definitions
Rationale
When Res. 7-12A was adopted by the 2013 convention incorporating an appeal panel process into the Synod’s expulsion processes, the inclusion of a definition of “Appeal Panel” Bylaw 2.14.2 was overlooked. The Commission on Handbook proposes the following addition to this bylaw, identical to the definition of “Appeal Panel” in Bylaw 1.10.4 for the dispute resolution process, which addition to Bylaw 2.14.2 will also pertain to the expulsion processes provided in Bylaw sections 2.15 and 2.17.
Proposed Action
Therefore be it
Resolved, That Bylaw 2.14.2 be amended as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
B. To Clarify Bylaw 1.10.2 re Availability of Dispute Resolution Process
Rationale
The Synod strongly values its process for dispute resolution and requires that disputes between eligible parties be adjudicated using the process outlined in Bylaw section 1.10. Over the course of time, certain wording of current Bylaw 1.10.2 has been identified as potentially causing confusion regarding who is eligible to use the process.
The bylaw includes “persons involved in excommunication” among parties for whom the Synod’s conflict resolution procedures are designed. However, the only other mention of cases involving excommunication in Bylaw section 1.10, Bylaw 1.10.10.2, which identifies four situations in which district reconcilers may be used, speaks of “procedural questions involved in excommunication cases.” The current wording of Bylaw 1.10.2 often leads parties involved in excommunication to have unrealistic expectations, including the expectation that the process will deal with the issues which led to the excommunication rather than only addressing procedural questions.
In addition, because the persons involved may be lay persons who are not under “ecclesiastical supervision” as defined in Bylaw 1.2.1 (i), they have no ecclesiastical supervisor to consult with as directed by Bylaws 1.10.5 and 1.10.6. The following simple changes will help to provide clarity on both counts.
Proposed Action
Therefore be it
Resolved, That Bylaws 1.10.2, 1.10.5, and 1.10.6 be amended as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
C. To 1 Update Bylaws re Appointment and Replacement of District Reconcilers
Rationale
Current Bylaws 1.10.10 and 1.10.10.1 contain requirements for the appointment and replacement of district reconcilers that are no longer reasonable or practicable. These bylaws will better and more accurately read as proposed.
Proposed Action
Therefore be it
Resolved, That Bylaws 1.10.10 and 1.10.10.1 be amended as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
D. To Update Bylaws re Appointment and Replacement of Hearing Facilitators
Rationale
Current Bylaws 1.10.12–1.10.12.3 provide for the appointment and replacement of dispute resolution and expulsion process hearing facilitators. These bylaws require updating and will better and more accurately read as follows.
The Commission on Handbook therefore proposes the following changes:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
E. To Strengthen Bylaw 1.10.2 Requiring Members to Honor Dispute Resolution Procedure
Rationale
Members of the Synod (ministers of religion—ordained or ministers of religion—commissioned and congregations) by their membership agree to honor dispute resolution decisions (Bylaw 1.10.2). On occasion, member congregations that have received an unfavorable result from the dispute resolution procedure have disregarded binding decisions, relinquished membership, and received support for such actions from a civil court, the court failing to comprehend the nature of membership in the Synod.
Short of proposing a constitutional amendment to make clear the binding nature of the dispute resolution procedure on members of the Synod, the Commission on Handbook proposes that Bylaw 1.10.2 be amended to make even more clear this requirement of membership in the Synod.
Proposed Action
Therefore be it
Resolved, That Bylaw 1.10.2 be amended as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
F. To Provide Opportunity for District Presidents to Appeal Hearing Panel Decisions
Rationale
Current Bylaws 2.14.7.9, 2.14.8, 2.17.7.9, and 2.17.8 do not grant to the involved district president the same right to request examination of a decision of a Hearing Panel to an Appeal Panel as they grant to the 1 member who has been suspended by the district president and the President of the Synod (if a question of doctrine or practice is involved). One of the participants most involved in these important processes is thereby not granted the same important opportunity as the other.
The Commission on Handbook, believing that this was an oversight when the appeal process was incorporated into the Bylaw 2.14 and 2.17 dispute resolution processes by a convention, proposes that the involved district president also be provided opportunity to appeal a Hearing Panel decision by amending these bylaws as follows.
Proposed Action
Therefore be it
Resolved, that Bylaws 2.14.7.9, 2.14.8, 2.17.7.9, and 2.17.8 be amended as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
G. To Remove Detail Regarding Expense Responsibilities from Bylaw 2.14.7.8 (e)
Rationale
Recognizing its responsibility to provide for “the ongoing maintenance and management of the Handbook” (Bylaw 3.9.4), the Commission on Handbook proposes that such detail in the Synod’s expulsion process that assigns responsibility for expenses would be better addressed in the general rules section of the Standard Operating Procedures Manual provided by the Commission on Constitutional Matters for each procedure.
Proposed Action
Therefore be it
Resolved, That Bylaw 2.14.7.8 (e) be removed from the Bylaws of the Synod as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
H. To Add Definition of Standard Operating Procedures Manual to Pertinent Bylaws
Rationale
Current bylaws governing dispute resolution assume the existence of regular updating of a Standard Operating Procedures Manual for each of the dispute resolution processes in the Bylaws of the Synod but fail to define what such manuals are and the purpose they serve.
The Commission on Handbook proposes that the following definition inserted into the definitions sections of the two primary dispute resolution processes in the Handbook of the Synod be adopted by the 2016 convention of the Synod.
Proposed Action
Therefore be it
Resolved, That the following new paragraphs be inserted into Bylaws 1.10.4 and 2.14.2, as follows:
PRESENT/PROPOSED WORDING
See resolution for proposed wording
