To Encourage Transparency and Accountability in Legal Judgments and Settlements

Ov. 8-17

To Encourage Transparency and Accountability in Legal Judgments and Settlements

WHEREAS, Constitution Articles VII and XI establish the Synod as a voluntary association acting on behalf of its member congregations and vest final human authority in the Synod in convention; and

WHEREAS, The Bylaws of the Synod charge the Board of Directors (BOD) with fiduciary responsibility for the Synod’s

business and financial affairs (Bylaw 3.3.4.4 –5) and require reporting to the Synod in convention concerning the administration of those affairs (Bylaw 3.3.4); and

WHEREAS, These and other Bylaws of the Synod establish an accountability structure that depends upon the keeping and reporting of official records and financial information for the governance of the Synod, while permitting appropriate confidentiality through exec utive session, personal privacy, and legal privilege; and

WHEREAS, When legal judgments or settlements impose closeddoor processes, sealed statements, or broad nondisclosure obligations, the Synod’s ability to exercise that accountability is materially diminished; therefore be it

Resolved, That the Synod affirms a presumption of transparency in the negotiation and approval of legal judgments and settlements entered into by or on behalf of the Synod, such that material information concerning the nature and resolution of matters is not unnecessarily concealed from congregations of the Synod; and be it further

Resolved, That this presumption of transparency shall be exercised with Christian care and prudence, permitting confidentiality as necessary to protect personal privacy, especially of victims or minors, pastoral or medical information, and privileged legal communications; and be it further

Resolved, That the Synod shall not enter into legal judgments and settlements that prevent those charged with ecclesiastical governance and supervision from receiving the information reasonably necessary to carry out their responsibilities on behalf of the Synod; and be it further

Resolved, That the financial terms of legal judgments and settlements entered into by the Synod shall ordinarily be subject to disclosure to the Synod, except where limited confidentiality is necessary to protect personal privacy or required by law; and be it further

Resolved, That the BOD provide a regular, appropriately redacted summary report to the Synod in convention of all legal judgments and settlements entered during the preceding triennium, sufficient to inform the Synod of their general nature, scope, and financial i mpact, without imposing undue administrative burden;

and be it finally

Resolved, That for the purposes of this resolution, “sealed” or “concealed” information shall include legal judgments and settlement provisions that prohibit the retention of records necessary for governance and supervision, broadly restrict disclosure of material facts to congregations of the Synod, or impose nondisclosure obligations that effectively prevent meaningful reporting, while not including narrowly tailored confidentiality necessary for the protections named above.

Circuit 27 (Livonia)

Michigan District