To Establish an Independent Appeals Panel in Cases involving the President’s Decisions

Ov. 10-07

To Establish an Independent Appeals Panel in Cases involving the President’s Decisions

WHEREAS, Holy Scripture warns against partiality and instructs that accusations against elders be handled with great care and fairness (1 Tim. 5:19–21); and

WHEREAS, Our Lord teaches that judgment within the Church must be carried out with humility and awareness of our own sin (Matt. 7:1–5); and

WHEREAS, The Synod Constitution and Bylaws provide for due process and appeal in matters of ecclesiastical discipline, so that decisions may not rest solely on one person’s judgment; and

WHEREAS, It is a fundamental principle of justice and good order that one should not be the sole judge in his own case, nor should final appeals be structurally dependent on the very office whose decisions are being challenged; and

WHEREAS, In cases where the President of the Synod or his office is the originating or decisive authority in a disciplinary action, the perception that appeals are heard and decided by bodies closely tied to that same office can undermine confidence in the fairness and independence of the process; and

WHEREAS, For the sake of the consciences of pastors and congregations, it is beneficial that appeals in such cases be heard by an independent body clearly distinct from the Office of the President (OTP); therefore be it

Resolved, That the Synod affirm the importance of genuine, independent appeals in cases of ecclesiastical discipline, especially where the decisions of the OTP are at issue; and be it further

Resolved, That the Synod direct the Commission on Handbook to propose b ylaw amendments establishing an Ecclesiastical Appeals Panel (or similarly named body) which:

• is appointed by the Council of Presidents (COP), with representation from across the Synod;

• includes both ordained ministers and laypersons known for their confessional fidelity and wisdom;

• does not include current staff of the OTP or current members of the Synod’s Board of Directors;

• has the responsibility to hear and adjudicate appeals in disciplinary cases in which the President or his office served as the final decision-maker at the first level;

and be it further

Resolved, That such bylaw amendments:

• provide that decisions of this appeals panel be issued in writing with stated reasons;

• specify whether and how such decisions may themselves be reviewed by a broader body (e.g., convention or COP by a defined supermajority), thereby ensuring both accountability and independence;

and be it further

Resolved, That the President of the Synod be encouraged, as a matter of evangelical practice even prior to formal bylaw amendment, to delegate the hearing and adjudication of appeals in cases directly involving his office’s decisions to an independent panel appointed by the COP; and be it finally

Resolved, That the Synod commend all who serve in supervisory offices to the Lord’s care, praying that such structural safeguards may assist them in carrying out their duties in a manner above reproach and worthy of the trust of Christ’s flock.

Our Savior, Arlington, VA; St. John’s, Alexandria, VA;

Trinity, Lexington Park, MD;

Circuit 8 (Washington, South), Southeastern District