10-26

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

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Official Workbook overture source text

Overture: 10-26

Workbook page: Contents page xiii; overture page 514

Source pages: Contents page xiii; overture page 514

Source status: source checked / public

10-26 
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 privatepublic, 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 shallmay be final with nothe right of 
appeal to the Praesidium of 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. 
Circuit 3 (Baltimore East) 
Southeastern District 
2026 Convention Workbook
514 ECCLESIASTICAL SUPER VISION AND DISPUTE RESOLUTION

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