Overture wants
confidentiality
in church disciplinary cases
By John H.
Adams
The Layman
Online
Thursday,
October 9, 2003
An overture
to the 216th General Assembly calls for a constitutional amendment that
would require Presbyterians to "hold in prayer and confidentiality"
all aspects of a disciplinary case "until disposition is made by
the appropriate governing bodies or commissions."
If approved by the General Assembly and a majority of the presbyteries
in the Presbyterian Church (USA), the overture from the Presbytery of
Western North Carolina would subject Presbyterians who file cases and
those who are the targets of those cases to disciplinary action for
revealing what was transpiring.
The effect of the overture would also be to place Presbyterian media
reporters in peril for following the proceedings of a disciplinary case
while non-Presbyterians could report on the case with impugnity, because
they are not subject to the Presbyterian courts.
The overture would not necessarily cover all cases – only those
deemed "necessary" by investigating committees and church
courts – but there no guidelines for what might be deemed "necessary."
The overture would insert a 38-word sentence at the conclusion of
D-1.0103 in the Book of Order. That section, with the insertion
in italics, would read as follows:
- D-1.0103
The traditional biblical obligation to conciliate, mediate, and
adjust differences without strife is not diminished by these Rules
of Discipline. Although the Rules of Discipline describe the way in
which judicial process within the church, when necessary, shall be
conducted, it is not their intent or purpose to encourage judicial
process of any kind or to make it more expensive or difficult. The
biblical duty of church people to "come to terms quickly with
your accuser while you are on the way to court...." (Matthew
5:25) is not abated or diminished. It remains the duty of every
church member to try (prayerfully and seriously) to bring about an
adjustment or settlement of the quarrel, complaint, delinquency, or
irregularity asserted, and to avoid formal proceedings under the
Rules of Discipline unless, after prayerful deliberation, they are
determined to be necessary to preserve the purity and purposes of
the church. If after prayerful deliberation the formal
proceeding of church discipline seems necessary, every church member
should hold in prayer and confidentiality all aspects of the
disciplinary case until disposition is made by the appropriate
governing bodies or commissions."
The full text of the overture is as follows:
Overture 04-6 On Amending D-1.0103 to Add a Call to
Prayer and Confidentiality-From the Presbytery of Western North
Carolina.
The Presbytery of Western North Carolina overtures the General Assembly
to send to the presbyteries for their approval the following amendment
to the Book of Order:
- Insert at the end of D-1.0103
"If after prayerful deliberation the formal proceeding of
church discipline seems necessary, every church member should hold
in prayer and confidentiality all aspects of the disciplinary case
until disposition is made by the appropriate governing bodies or
commissions"
so that the full text would read:
- D-1.0103
The traditional biblical obligation to conciliate, mediate, and
adjust differences without strife is not diminished by these Rules
of Discipline. Although the Rules of Discipline describe the way in
which judicial process within the church, when necessary, shall be
conducted, it is not their intent or purpose to encourage judicial
process of any kind or to make it more expensive or difficult. The
biblical duty of church people to "come to terms quickly with
your accuser while you are on the way to court...." (Matthew
5:25) is not abated or diminished. It remains the duty of every
church member to try (prayerfully and seriously) to bring about an
adjustment or settlement of the quarrel, complaint, delinquency, or
irregularity asserted, and to avoid formal proceedings under the
Rules of Discipline unless, after prayerful deliberation, they are
determined to be necessary to preserve the purity and purposes of
the church. If after prayerful deliberation the formal
proceeding of church discipline seems necessary, every church member
should hold in prayer and confidentiality all aspects of the
disciplinary case until disposition is made by the appropriate
governing bodies or commissions."
Whereas, church discipline is the exercise of authority in the
manner and name of Christ, and
Whereas, discipline is for the direction, control and nurture of the
people of God, and
Whereas, in church discipline "members are to be accorded
procedural safeguards and due process" (D-1.0101)
Whereas, confidential information can be revealed "when there is a
risk of imminent bodily harm to any person (G-6.0204)
therefore the call to prayer and confidentiality guides individuals who
are involved in the discipline process and those who have information
about a discipline procedure or case. The overture upholds the biblical
principles on which the "Principles of Church Discipline" are
founded. |