To Amend Bylaw 1.10.2 to Render Dispute Resolution Non-Exclusive Remedy

Ov. 10-17

To Amend Bylaw 1.10.2 to Render Dispute Resolution Non-Exclusive Remedy

WHEREAS, Dispute resolution of the Synod is addressed in Bylaw section 1.10, and Bylaw 1.10.2 states, “It shall be the exclusive remedy to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues …”; and

WHEREAS, This prohibits legal action by those who have suffered actual harm; and

WHEREAS, Staff, c ongregations, districts and Synod can do anything without risk of legal consequences; and

WHEREAS, D ispute Resolution Panel (DRP) reconcilers (see Bylaw 1.10.4 [e]), as normal sinful people subject to error, can and

do misjudge and ignore real harm to victims and show deference to powerful perpetrators; and

WHEREAS, This may leave victims of harm no way to seek redress, apology, amendment of harm, and no way to enforce the award of monetary damages; and

WHEREAS, Anything and everything may be secret and undocumented; and

WHEREAS, The DRP is effectually a trial and passes judgment on the validity of the complaint; the DRP may damage the career of the accused or leave the complainant further victimized; and

WHEREAS, In Scripture, the C onfessions, and normal standards of the secular world, the accused is to see and hear the evidence and both parties receive an impartial, complete examination; and

WHEREAS, DRP reconcilers are normal sinful people with varying abilities and have absolute power over the careers of rostered staff and over the individuals who make complaints; and

WHEREAS, N o report is made concerning DRP reconcilers ’ success or failure; and the members of the district are unaware and unable to evaluate them for appointment and reappointment; and

WHEREAS, DRP is forced arbitration and enforced by nondisclosure under penalty of dismissal from Synod membership and civil judgment; and

WHEREAS, DRP forbids the parties from seeking satisfaction in civil courts even though Synod itself takes action in c ivil courts;

therefore be it

Resolved, That all non-disclosure clauses, including those in the past, are no longer in effect and forbidden in the future; and be it further

Resolved, That no one is, as a condition of membership in Synod, forbidden to seek redress in the courts; and be it further

Resolved, That each time a reconciler is involved, the parties are to be asked for their evaluation and recommendation about the reconciler to be continued in their position; and be it further

Resolved, That a report be made before reappointment of the success/failure rate for each reconciler; and be it further

Resolved, That Bylaw 1.10.2 be amended as follows:

PRESENT/PROPOSED WORDING Purpose 1.10.2 … It shall be the exclusive suggested remedy to resolve such disputes that involve theological, doctrinal, or ecclesiastical issues except those covered under Bylaw sections 2.14 –2.17 and except as provided in Bylaw 1.10.3, and shall be binding on all parties. It is applicable whether the dispute involves only a difference of opinion without personal animosity or is one that involves ill will and sin that requires repentance and forgiveness. No person, congregation, or agency to whom or to which the provisions of this dispute resolution process are applicable because of their membership in the Synod may render this procedure inapplicable by terminating that membership during the course of the dispute resolution process. Since monetary damages that can only be awarded by civil court, the Dispute Resolution Panel cannot be used as a defense to prevent issues from being heard in the courts.

Circuit 3 (Baltimore East)

Southeastern District