To Amend Bylaw 2.13.3.2 to Make Restriction Appeals Public Record and to Allow Further Review

Rationale A district president placed a pastor on restricted status. In response to the question, why was the letter written, the pastor replied, “to defend my children,” and referred to the scene in Braveheart where the man defended his wife. The letter was written five years prior, to someone else. The district president, a week later, felt threatened and publicly announced to the entire Synod that the pastor was placed on restricted status. In the appeal hearing with three other district presidents, unrecorded, the ruling was in favor of the first district president, even though he admitted he acted in violation of the Synod Constitution and normal practice by ruling on his own case (although the clause forbidding ruling on a matter where the district president was a party has since been removed), and rendering a judgment far in excess of the original offense. Therefore be it

Resolved, That the entire appeal must be recorded, with a transcript given to the parties and placed in Synod and district files as a permanent public record; and be it further

Resolved, That the Praesidium of the Synod (the President and vice-presidents) have authority to review and discipline district presidents that violate their oath of office to uphold the Scriptures, Confessions, and Constitution of the Synod; and be it further

Resolved, That Bylaw 2.13.3.2 be amended as follows: PRESENT/PROPOSED WORDING Removal of Restricted Status and Limitations … 2.13.3.2 Such petition for removal of restricted status shall be addressed solely to the Council of Presidents through the office of the President of the Synod. The Council of Presidents shall rule on such petition within six months from the date of receipt. … (e) The hearing before the panel shall be private public, attended only by the parties and the witnesses who can substantiate the facts relevant to the matter in dispute. The panel shall establish the procedure to be followed in the hearing and the relevancy of evidence so that each party shall be given an opportunity fully to present its respective position. The entire appeal must be recorded, with a transcription given to the parties and placed in Synod and district files as a permanent public record. … (g) The decision of the hearing panel shall be the decision of the Council of Presidents and shall may be final with nothe right of appeal to the Praesidiumof the Synod that has authority to review and discipline district presidents that violate their oath of office to uphold the Scriptures, Confessions, and the Synod Constitution.