Analysis of the Amendments

The five amendments, 03-A.1-5, cover timing for budgets, timing for reporting and reviewing records, the number of Assembly commissioners, terms of office and timing for amendments to the Book of Order.

03-A.1 removes the word “annual” from the provisions for preparing and adopting a budget.

The Advisory Committee on the Constitution (ACC) advised that the Assembly and its entities could still present annual budgets, even if the word “annual” were removed.

The Assembly Committee on General Assembly Procedures recommended approval of the two changes by 53/0/2 (for/against/abstain) and 54/0/1. The Assembly approved the committee’s recommendation by voice vote.

03-A.2 would bring the reporting and review of records into line with biennial Assemblies.

The Assembly Committee on General Assembly Procedures recommended approval by a vote of 53/0/2, and the Assembly approved the recommendation by voice vote.

03-A.3 would increase the number of commissioners to General Assembly by roughly 45-50 percent. This helps offset the reduced participation inherent in holding assemblies every two years. It also has the effect of reducing the proportion of advisory delegates (e.g. Youth Advisory Delegates, Theological Student Advisory Delegates, Ecumenical Advisory Delegates) because these numbers would remain the same. Advisory delegates have voice and vote in Assembly committees, but only voice with an advisory vote in the full Assembly.

In an aberration of timing, these new numbers would not take effect until after the first biennial assembly in 2006, because the PC(USA) had already planned to meet at the same time and place (Birmingham, Ala.) as the Cumberland Presbyterian Church and the Cumberland Presbyterian Church in America, and hotel and meeting facilities in Birmingham would not hold the larger numbers.

The ACC said the delay of this provision appeared necessary. The Assembly Committee on General Assembly Procedures recommended approval by 52/2/1 and the Assembly approved the recommendation by voice vote. The Assembly turned back attempts to increase the number of advisory delegates.

Pro: This significant increase in commissioners will keep the participation level up among ministers and elders, the primary decision-makers and communicators of Assembly actions. The reduced proportion of advisory delegates could mean voting commissioners will have more influence in debates on the floor of the Assembly.

Con: The higher number will result in higher cost, and one major reason for going to biennial Assemblies was to reduce cost. The reduced proportion of advisory delegates could mean young people will have less say in decisions made. Fewer future leaders will be able to participate and have the spiritual experience that can come through an Assembly.

03-A.4 would merely bring into line the terms of office of members of Assembly boards, agencies and committees.

The Assembly Committee on General Assembly Procedures recommended approval of the changes by votes of 53/0/2, 48/0/1, 50/0/2 and 53/0/0 respectively, and the Assembly approved the recommendation by a voice vote.

03-A.5 would enable amendments to the Book of Order approved by a majority of the presbyteries to take place one year following the Assembly that approved them. Currently, amendments take effect at the end of the subsequent Assembly.

The Assembly Committee on General Assembly Procedures recommended approval by a vote of 53/0/2, and the Assembly approved the recommendation by a voice vote.

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03-B would make clear that an administrative commission is required to hold only one hearing with the congregation when the commission chooses an involuntary dissolution of the pastoral relationship.

This amendment originated with a request for an interpretation of the Book of Order. The director of Constitutional Services in the Office of the General Assembly took the request to the ACC, and the ACC recommended the change. The Assembly Committee on General Assembly Procedures recommended approval by 55/0/0, and the Assembly approved the recommendation by voice vote.

03-C would make adjustments in who participates in synod, its council and its committees. The proposed amendment would change commissioners to synod from a minimum of one elder OR minister to a minimum of one elder and one minister from each presbytery.

On the synod council, the amendment would change membership from a minimum of one elder or one minister from each presbytery, to a system rotating elder or minister membership among presbyteries. It would also permit the election to council of elders and ministers who are not commissioners to synod. The amendment allows an entity other than the synod nominating committee to oversee requirements for inclusivity, balance and representation.

On committees, the amendment would change membership from a minimum of one elder or one minister from each presbytery, where feasible, on each permanent committee, to fair representation of presbyteries for all committees, preserving the inclusivity provisions of the Book of Order.

This amendment originated with an overture from Living Waters Synod. The ACC recommended alternative language. The Assembly Committee on Church Polity recommended approval of the overture, with amendment, by a vote of 53/1/0, and the Assembly approved the recommendation as part of a consent agenda.

03-D would increase the number of commissioners required to call a special meeting of the General Assembly. The current requirement is for 25 elders and 25 ministers who were commissioners to the previous General Assembly and meet a certain geographic distribution. The amendment would increase the number to 25 percent of the elders and 25 percent of the ministers who were commissioners to the previous General Assembly and meet the geographic distribution requirements.

The amendment originated with an overture from Baltimore Presbytery during a year in which controversy arose over an attempt by conservatives to call a special meeting, which has never taken place in the history of the denomination. The ACC advised that if the Assembly wished to increase the number, the language recommended should accomplish that. The Committee on the Office of the General Assembly and the Advocacy Committee for Racial Ethnic Concerns weighed in, supporting the higher number. The Assembly Committee on General Assembly Procedures recommended approval by a vote of 50/5/0, and the Assembly approved the recommendation by 436/67/0.

Pro: Calling a meeting of the General Assembly is costly in dollars, effort and time. Fifty people are too few to allow to cause such an expenditure, and after the start of biennial Assemblies, 50 would represent an even smaller percentage of commissioners. The overture rationale said that while it is important to provide flexibility to handle important issues and protection to minorities, “The stability, unity and peace of the church require that decisions made or accepted by a significant majority be allowed to stand until such time as they may be amended” through normal means.

Con: This amendment is being offered because a conservative group came close to requiring a called meeting in 2003. This meeting was thwarted only by unusual action by the Moderator. It is difficult enough to find 25 elders and 25 ministers to agree to a called meeting. Minority voices need to be heard in our inclusive and diverse church lest they be alienated from the body.

03-E would expand the meaning of the ecumenical term, “in correspondence” to include those churches with which the PC(USA) has “formal ecumenical dialogue approved by the General Assembly.” Already included in the term are churches with which the PC(USA) has historical relations outside the U.S., and those that are members of ecumenical bodies in which the PC(USA) holds membership. The PC(USA) is also in “full communion” with yet other denominations.

This proposed amendment originated with the General Assembly Committee on Ecumenical Relations. The ACC proposed an alternate resolution. The Assembly Committee on Catholicity and Ecumenical Relations recommended approval of the ACC version by a vote of 55/0/0, and the Assembly approved the recommendation by a voice vote.

Pro: The expanded language would allow the PC(USA) to be in dialogue with the Catholic Church, in accord with a request by the 213th General Assembly (2001).

Con: None.

03-F would establish procedures requiring the stated clerk of a governing body to forward a request for a stay to members of the permanent judicial commission (PJC) of that governing body. It also establishes procedures for members of the PJC to communicate their decision back to the stated clerk.

The proposed amendment sprang from a request from Miami Presbytery (Ohio) for interpretation of the Book of Order. The language was drafted by the ACC. The Assembly Committee on Church Polity recommended approval of the ACC language by 54/0/0 and the Assembly approved the recommendation as part of the consent agenda.

Pro: The new language is needed to establish additional procedures for handling requests for a stay and to avoid problems that have arisen in the past.

Con: The proposed amendment takes understandable language and obfuscates it, making the section very hard to follow. Shoot this goose before it roosts, and let the ACC try again next year.

03-G would apparently mandate that a minister or other employee be immediately placed on administrative leave when a written allegation of sexual misconduct is received by the appropriate clerk when the alleged offence is toward a person under 18 or a person who allegedly “lacked the mental capacity to consent.”

The use of “will” rather than “shall” makes it unclear if this is mandated. The preface to the Book of Order establishes words for emphasis: shall, is to be, and are to be indicate a practice that is mandated; should indicates a practice that is strongly recommended; is appropriate indicates a practice that is suitable; may indicates a practice that is permissible but not required. “Will” here apparently is the equivalent of “shall.”

The proposed amendment originated with an overture from Hudson River Presbytery. The ACC offered an alternate resolution and, while expressing great concern for issues of sexual abuse, communicated strong reservations about denying officers due process before restricting them or removing them from office.

The Advocacy Committee for Women’s Concerns (ACWC) requested that the overture be referred to them for inclusion in its study of the PC(USA) sexual misconduct policy.

In a related action (Item 04-08) prior to the Assembly’s vote on this overture, the Assembly had approved provisions whereby presbyteries are urged to assume immediate supervision of the accused and to hold a prompt preliminary investigation, with an opportunity for the accused to be heard, into whether the charges have merit and there is further risk of abuse. After this investigation, a minister could be placed on leave of absence if appropriate.

The Assembly Committee on Church Orders and Ministry went against the ACC advice and recommended approval of the original overture by a vote of 54/0/0. The Assembly amended the language to include persons with an alleged lack of mental capacity to consent, and approved the amended recommendation by a show of hands.

Pro: Heightened awareness of sexual offenses against children in other denominations calls the PC(USA) to decisive action. The risk of doing permanent damage to innocent ministers, officers and employees in doing so is necessary, and the abrogation of due process for them is justified. To maintain the tension between swift action and due process places children at risk.

Con: Due process protects ministers, elders and employees against false accusations. The procedures approved by the Assembly in the related matter (Item 04-08) provide adequate safeguards for the accused and swift action for alleged victims. While grave concern is expressed for abused children, more time is needed to draft a proper amendment to the Book of Order that maintains the tension between swift action and due process.

03-H would allow a time extension for an investigating committee to file charges when civil authorities have become involved.

The proposed amendment originated with an overture from Donegal Presbytery. The ACC recommended an alternate resolution. The ACWC requested that the overture be referred to them for inclusion in its study of the PC(USA) sexual misconduct policy. The Assembly Committee on Church Polity recommended approval of the ACC’s alternate resolution (with re-lettering) by a vote of 56/0/0, and the Assembly approved the recommendation by a voice vote.