2007
PROPOSED AMENDMENTS TO THE
CONSTITUTION OF THE RCA
The General Synod of 2007 adopted the following
amendments to the Constitution of the Reformed Church in
The amendments in the text below are indicated with
proposed deletions stricken out and additions underlined.
1. Judicial Bodies (MGS 2007, R-83, pp. 294-299)
The proposed change would create new permanent
judicial business commissions in classes, regional synods and the General
Synod. These new bodies would conduct disciplinary and judicial business so
acting as the judicatory in the stead of the entire body. The proposal states
how these bodies will be formed and how they will conduct the business assigned
to them. Further proposed changes adjust the disciplinary
and judicial procedures to reflect the creation of
the new commissions.
BCO, Chapter 2, Parts I through III and the Preamble (The Parts, Articles, and Sections to be
appropriately renumbered).
Part I Judicial Bodies
Article 1. Nature of Judicial Bodies
Sec.
Sec. 2. The board of elders shall be the judicatory
in all matters appropriately assigned in the Disciplinary and Judicial
Procedures.
Sec. 3. The classis, regional synod, and the General Synod
shall have a commission on judicial business. This commission acts as the
judicatory and shall execute all judicial authority granted to each respective
body under the responsibilities granted to that body by the Book of Church
Order. Decisions by the commission on judicial business shall be the final
decision rendered in the name of the respective body, and no appeal shall be
made or permitted to the respective body that constituted the commission.
Sec. 4. The clerk of the parent assembly shall act as
clerk for the commission on judicial business. The clerk shall not, however, be
a member of the commission.
Article 2. Composition of Commission on Judicial
Business
Sec. 1. The classis shall elect a commission on
judicial business of nine persons at least five of which shall be elders and
the remainder shall be ministers of Word and sacrament. The classis shall elect
three alternates who may serve if one or more members cannot be present for any
reason. The term of office for a member or alternate shall be for three years,
with one-third of the members’ terms expiring each year.
Sec. 2. The regional synod shall elect a commission
on judicial business of nine persons at least five of which shall be elders and
the remainder shall be ministers of Word and sacrament. The regional synod
shall also elect three alternates who may serve if one or more members cannot
be present for any reason. The term of office for a member or alternate shall
be for three years, with one-third of the members’ terms expiring each year.
Sec. 3. The General Synod shall elect a commission on
judicial business of nine persons at least five of which shall be elders and
the remainder shall be ministers of Word and sacrament. Members shall be elected to represent each
regional synod, with one member being elected at large. The General Synod shall
also elect three alternates who may serve if one or more members cannot be
present for any reason. The term of office for a member or alternate shall be
for three years, with one-third of the members’ terms expiring each year.
Article 3. General Procedures for the Commission on
Judicial Business
Sec. 1. The commission on judicial business shall
elect one person to act as presiding officer.
That officer shall be empowered to render a decision on all motions
brought before the commission. A party may appeal the decision of the officer
to the entire commission.
Sec. 2. If a regular member of a commission is unable
for any reason to participate in a proceeding properly before the commission,
the presiding officer shall randomly select an alternate member holding the
same office to serve as an acting member of the commission. If a regular member
of a commission is unable to complete their term of office, then the assembly
for that judicatory shall appoint a replacement member at its next regular
meeting.
Sec. 3. The presence of seven commission members, or
an alternate for any commission member who is not present or who has a conflict
of interest, shall constitute a quorum to conduct any and all proceedings and
to render any final decision not otherwise the responsibility of the presiding
officer. The affirmative vote of at least five members, or an acting alternate
for a member, shall be required to render any decision. Only commission members
and/or alternate members who were present for the proceeding shall take part in
the deliberations regarding the proceeding. Alternate members may attend the
proceeding but shall not participate in the deliberations if all of the members
of the commission are present.
Sec. 4. The commission on judicial business shall
establish such administrative rules for hearings and trials as it deems
appropriate provided that all procedures be conducted in a fair and impartial
manner.
Sec. 5. The clerk shall notify the assembly of all
disciplinary trials, hearings, and appeals which shall be open to the members
of the assembly on behalf of which the judicial body acts as judicatory, the
parties, counsel for the parties, delegates, and such other individuals as the
judicatory deems appropriate. Disciplinary trials, hearings, and appeals shall
be closed to all other individuals.
Sec. 6. The deliberations of a commission shall be
conducted in a closed session. However, commission counsel, if any, and the
commission clerk may be present.
Sec. 7. The commission on judicial business shall
impose discipline on behalf of its parent assembly. Discipline shall be imposed
as is appropriate for the offense and is consistent with Holy Scriptures and
the Constitution of the Reformed Church in
Sec. 8. The commission shall record its decision,
stating the reasons therefore. Decisions of the body shall be reported to the
assembly on behalf of which it acts. A copy shall be provided to the parties.
THE PREAMBLE
[Paragraph 2, p. 1]
The four basic or focal governmental units in the
Reformed Church in powers responsibilities.
A governmental unit exercising its judicial powers is called a judicatory,
and at all other times the governmental unit is known as an assembly. A
governmental unit exercising executive and legislative responsibilities is
known as an assembly. A governmental unit exercises its judicial
responsibilities through bodies designated in the church order. Deacons exercise a legislative function. . .
Chapter 2, Part I II, Article 4,
Section 3
Sec.
judicatory assembly may also bring a charge.
Chapter 2, Part I II Article 5, Section
1
Sec. 1. The clerk of the judicatory shall issue a
citation (. . .) signed by the president presiding officer and
the clerk, requesting the accused to appear before the judicatory at a
specified time and place. The citation and a copy of the charge shall be provided
to the accused.
Chapter 2, Part I II, Article 5,
Section 11
Sec. 11. Procedural Rules
a. The judicatory shall establish such administrative
rules for the trial as it deems appropriate to ensure that the trial will be conducted
in a fair and impartial manner.
b. No member or groups of the Reformed Church in
America, nor any person connected with the case, shall circulate, or cause to
be circulated any written or printed arguments or briefs upon any charges
before the final disposition of same, including appeals, if any.
c. The required quorum for a judicatory conducting a
trial shall be the same as is required for a regular or stated session of that
assembly.
d. The accuser shall be responsible for moving
forward with the evidence.
e. The charge(s) must be proven with a high degree of
probability.
f. Receipt of evidence shall not be controlled by
formal rules of evidence. However, the president presiding officer
may exclude any evidence if the officer determines that to admit such evidence
would be fundamentally unfair.
g. The only persons who may attend the trial are the
parties their counsel, the members of the judicatory, and such other persons as
the judicatory deems appropriate.
h. Only members of the judicatory shall be present
for the deliberation on the evidence.
However, the counsel for the judicatory, if any, may be present.
Chapter 2, Part I, Article 5, Section 12
Sec. 12. Decision
a. The vote on whether the charge(s)
has been proven shall be by written ballot. A simple majority of those present
and voting shall be required to reach a decision.
b. The judicatory shall record its
decision, stating the reasons therefor. A copy shall be provided to the
parties.
Chapter 2, Part I, Article 5, Section 13
Sec. 13. Imposition of Discipline
a. The judicatory shall impose such discipline as is
appropriate for the offense and as is consistent with the Holy Scriptures and
the Constitution of the Reformed Church in America.
b. The judicatory shall record its actions, stating
the reasons therefor. A copy shall be provided to the parties.
Chapter 2, Part II
Sec. 4. The clerk of the higher judicatory shall,
upon receiving the record, promptly notify its judicial business committee
commission, call a meeting of the committee commission at
a suitable time and place, and give notice of such meeting to all the parties
involved. The committee commission shall determine whether the
case and its attendant papers are in order.
The committee commission shall promptly advise the several
parties if it finds any irregularities. A period of not more than twenty days
shall be allowed to correct such irregularities. The committee commission
may request further written response or arguments to be submitted within the
same twenty days. If less than thirty days remain before the next regular
session of the judicatory to which the committee is to report and the committee
determines that it is unable to prepare an acceptable report, it shall
immediately record this determination and the reasons therefor with the clerk
of such judicatory and request permission to delay its report until the next
session. The clerk shall promptly confer with the officers of the judicatory who
shall promptly rule upon the request.
Chapter 2, Part II III, Article 2,
Section 5
Sec. 5. If the case is in proper order, the committee
commission shall then consider its merits. If the complaint is judged to
be frivolous, dilatory, or clearly without merit, the commission may dismiss
the complaint without a hearing. If the complaint goes forward, the commission
it shall consider the record of the case and such additional arguments
as may have been submitted. It shall also hear the parties together with such
counsel as may be requested by the parties. Counsel shall meet the
qualifications set forth in Chapter 2, Part I II, Article 5,
Section 10. This hearing shall be conducted in a fair and impartial manner with
all parties present. If the complainant in person or by counsel fails to
appear, the committee may declare the case to be defaulted.
Chapter 2, Part II III, Article 2,
Section 6
Sec. 6. The committee shall report in writing its
findings and recommendations to its parent judicatory by a date determined by
the parent judicatory prior to the next stated meeting or a special meeting and
shall furnish a copy of its report to each of the parties. After receiving the
report of the committee the judicatory may request to hear the original parties
in the case with their counsel. The recommendation(s) of the committee may be
adopted, rejected, amended, or
referred back to the committee. The judicatory may
confirm or reverse, in whole or in part, the action of the lower assembly, or
remand the matter to it with instruction. The commission may confirm or reverse, in whole
or in part, the action of the lower assembly, or remand the matter to it with
instructions. The commission shall report in writing its findings to its parent
assembly and shall provide a copy of its findings to each of the parties.
Chapter 2, Part III IV, Article 2,
Section 4
Sec. 4. The clerk of the higher judicatory shall,
upon receiving the record of the case, promptly notify its judicial business committee
commission, call a meeting of the committee commission at
a suitable time and place, and give notice of such meeting to all the parties
involved. The committee commission shall determine whether the
case and its attendant papers are in order. The committee commission
shall promptly advise the several parties if it finds any irregularities. A
period of not more than twenty days shall be allowed to correct such
irregularities. The committee commission may request further
written response or arguments. If
less than thirty days remain before the next regular session of the judicatory
to which the committee is to report and the committee determines that it is
unable to prepare an acceptable report, it shall immediately record this
determination and the reasons therefore with the clerk of such
judicatory and request permission to delay its report until the next session.
The clerk shall promptly confer with the officers of the judicatory
who shall promptly rule upon the request.
Chapter 2, Part III IV, Article 2,
Section 5
Sec. 5. If the case is in proper order, the committee
commission shall then consider its merits. It shall consider the record
of the case and such additional arguments as may have been submitted. If the
appeal is judged to be frivolous, dilatory, or clearly without merit, the
commission may dismiss the appeal without a hearing. If the appeal goes
forward, the commission it shall also hear the original parties,
together with such counsel as may be requested by the parties. Counsel shall
meet the qualifications set forth in Chapter 2, Part I II,
Article 5, Section 10. This hearing shall be conducted in a fair and impartial
manner. Either party may elect not to appear in person or by counsel at the
hearing.
Chapter 2, Part III IV, Article 2, Section
6.
Sec. 6. The committee shall report in writing its
findings and recommendations to its parent judicatory by a date determined by
the parent judicatory prior to the next stated meeting or a special meeting and
shall furnish a copy of its report to each of the parties. After receiving the
report of the committee, the judicatory may request to hear the original
parties in the case with their counsel. The recommendation(s) of the committee
may be adopted, rejected, amended, or referred back to the committee. The
judicatory may confirm or reverse, in whole or in part, the decision of the
lower judicatory or assembly, or remand the case to it with instructions. The
judicatory may confirm or reverse, in whole or in part, the decision of the
lower judicatory or assembly, or remand the case with instructions. The
commission may confirm or reverse, in whole or in part, the action of the lower
assembly, or remand the matter to it with instructions. The commission shall report in writing its
findings to its parent assembly and shall provide a copy of its findings to
each of the parties.
Chapter 2, Part III
Sec. 6. The committee shall report in writing its
findings and recommendations to its parent judicatory by a date determined by the
parent judicatory prior to the next stated meeting or a special meeting and
shall furnish a copy of its report to each of the parties. After receiving the
report of the committee, the judicatory may request to hear the original
parties in the case with their counsel. The recommendation(s) of the committee
may be adopted, rejected, amended, or referred back to the committee. The
judicatory may confirm or reverse, in whole or in part, the decision of the
lower judicatory or assembly, or remand the case to it with instructions. The
judicatory may confirm or reverse, in whole or in part, the decision of the
lower judicatory or assembly, or remand the case with instructions. The
commission shall report in writing its findings to its parent assembly and
shall provide a copy of its findings to each of the parties.
2. Ministers in Union Churches (MGS 2007, R-85, p.
300)
The proposed amendment brings requirements for
ministers in union churches into line with requirements for RCA ministers serving
RCA churches. It also eliminates the possibility that ministers of union
churches can “cherry-pick” the more advantageous pension plan.
Chapter 1, Part I, Article 7, Section 2u (p. 25)
Article 7. Union Churches
u. The minister/s shall participate in the
denominational pension plan of one of the churches. If already participating in
a plan, the minister/s shall remain in that plan. If there has been no
participation in a pension plan, the minister/s shall choose which
denominational plan to join. RCA
ministers serving union churches shall participate in the RCA retirement and
insurance plans as required by the Book of Church Order.
Web
posted: