Regarding the Right of an Accuser to Appeal When a District President Fails to Act or Declines to Suspend
((title amended on the floor before approval to add "Or Synod President"))
SUBSTITUTE RESOLUTION 12-01B
Report R65D (CW, p. 301); Overtures 12-01, 12-11-13, 12-15-21, 12-23-27, 12-39-40, (CW, pp. 415, 419-424, 430-431)
WHEREAS, the Commission on Constitutional Matters (CCM) Opinion 16-2791 has indicated portions of the expulsion processes of Synod Bylaws are presently in an unconstitutional state with respect to Const. Art. XI B 1-3 and Const. Art. XIII 2; and
WHEREAS, The Council of Presidents (District Presidents and Praesidium) has expressed an interest in having input in developing bylaws that would address this in a manner consistent with the Constitution and Bylaws of the Synod and its Resolutions; and
WHEREAS, The Synod in Convention has the authority, under exceptional circumstances, to direct the Synod Board of Directors to amend bylaws under Bylaw 7.1.2, which directs the Secretary of Synod to draft such amendments, to be reviewed by the Commission on Constitutional Matters and the Commission on Handbook prior to adoption, therefore be it
Resolved, That the Synod in Convention directs the Synod Board of Directors to act in this manner in order to implement clear bylaw procedures regarding this aspect of ecclesiastical supervision; and be it further
Resolved, That a consultation process shall be designed by mutual agreement of the Chairman of the Council of Presidents and the President of the Synod, by which the Council of Presidents shall have the opportunity to offer the Secretary of Synod input as to proposed mechanisms to implement expulsion processes consistent with and not contradicting the Constitution of the Synod; and be it further
Resolved, That said consultation be accomplished within six months of the close of the 2016 Synod Convention, unless extended by agreement of said Chairman of the Council of Presidents and the President of the Synod; and be it finally
Resolved, That these bylaw changes become effective upon adoption by a two-thirds majority of the Synod Board of Directors, as specified in Bylaw 7.1.2.