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Proposed Amendments.
D-6.0101 A remedial case is
initiated by
Method of the filing of a complaint with the
Initiation stated clerk
of the governing
body
within the Primary Synod
(Auburn or Westminster), having
jurisdiction over the moving
party.
D-6.0102 (Unchanged)
D-6.0103 (Unchanged)
D-6.0201 In a remedial case the party or parties
Parties
filing the complaint shall be known as
the
complainant or complainants and
the
party or parties against whom the
complaint is made shall be known as the
respondent
or respondents. To bring a
remedial
case in either Primary Synod
(Auburn or Westminster), the complainant
and respondent must both be aligned with
the
same Primary Synod (Westminster or
Auburn) in which the action is filed. The
Permanent Judicial Commissions of the
Primary Synods (Auburn and Westminster)
shall have original jurisdiciton over the
complainants and respondents aligned
with that Primary Synod
(Westminster or Auburn). The
General Assembly Arbitration Board only
has
jurisdiction by appeal and only in
matters and issues not involving
ordination standards, definitions
of marriage, Statements of Faith,
church planting, evangelism
methods, and educational
materials used.
D-6.0202 A complaint of an irregularity or a
Who May
complaint of a delinquency may be
File a filed by one or more persons
or
Complaint governing bodies subject to and
submitting to the jurisdiction of a
governing body aligned with the
same Primary Synod (Westminster
or Auburn), as the Complainant
and
the Respondent.
Against a. In the instance of a complaint against
Presbytery, a Presbytery, a Sub-Synod, or by a
Sub-Synod, governing body against another
or governing body at the same
level
Governing and aligned with the same Primary
Body at the Synod (Aubun or
Westminster), a
Same Level complaint of an irregularity shall be
filed within ninety days after the
alleged irregularity has occurred;
and a complaint or a delinquency
shall
be filed within ninety days
after the failure or refusal of
respondent to cure the alleged
delinquency
at its next meeting,
provided that a written request
to do so as been made prior to
said meeting. Those eligible
to file such a complaint are:
(1) a minister or an elder enrolled
as a member of a presbytery concerning
an irregularity or a delinquency during
that period of enrollment against
a Presbytery or Sub-Synod aligned
with the same Primary Synod
(Westminster or Auburn) as the
complainant.
(2) a commissioner to a Sub-Synod,
concerning an irregularity or a
delinquency during the commissioner's
period of enrollment, against a
Sub-Synod, aligned with the same
Primary Synod as the complainant
(Auburn or Westminster), filed
with
the Stated Clerk of their
Primary Synod (Westminster
of Auburn).
(3) a session against a Presbytery
aligned with the same Primary
Synod (Auburn or Westminster)
as the session, and filed with their
respective Sub-Synod, aligned
with the same Primary Synod as
the session.
(4) A Presbytery against a Sub-Synod
aligned with the same Primary Synod
(Westminster or Auburn), as the
Presbytery, and filed with the Stated
Clerk of their Primary Synod
(Auburn or Westminster)
(5) any governing body against
any other governing body immediately
higher than the governing body
complained against which is aligned
with the same Primary Synod
(Westminster
or Auburn) as
the complainant,
(6) a person who is an employee
of a Presbytery, a Sub-Synod, or an
entity of a Presbytery or a Sub-Synod,
claiming
to have sustained injury or
damage
to person or property by
the governing body or entity against
the
Presbytery aligned with the same
Primary Synod as the complainant,
filed with their Sub-Synod, aligned with
the same Primary Synod as the
complainant, or against the Sub-Synod
with
the Stated Clerk of the Primary
Synod, with which all of the parties
are aligned (Westminster or Auburn).
Against b.
In the instance of a complaint against
Session or a session, their respective Primary Synod
their Primary (Auburn or Westminster), or an entity
Synod or of
their respective Primary Synod, a
Entity complaint
of an irregularity shall be
filed within ninety days after the
alleged irregularity as occurred; and
a complaint of a delinquency shall be
filed within ninety days after failure
or
refusal to respondent to cure the
alleged delinquency at its next meeting,
provided that a written request to do
so
has been made prior to said
meeting. Those eligible to file
such complaint are
(1)
a member of a particular church against
the session of that church, with their
respective Presbytery, which is aligned with the
same Primary Synod (Westminster
or Auburn) as the church (congregation).
(2) a session, a Presbytery, or a
Sub-Synod against their Primary Synod
with which they are aligned (Auburn
or Westminster), or an entity of
their
Primary Synod,
(3) a person who is an employee
of the Primary Synod's General
Council or an entity of the
Primary Synod's General Council,
claiming to have sustained injury
or
damage to person or property
by the Primary Synod General
Council or an entity of the
Primary Synod's General
Council, with the Stated
Clerk of the Primary Synod
(Westminster or Auburn).
(4) a person who is an
employee
of a particular
church claiming to have
sustained
injury or
damage by the session
or an entity of the session
against the session of the
church,
with their respective
Presbytery,
aligned with
the
same Primary Synod
(Auburn or Westminster)
as the church (congregation).
D-6.0301 (Unchanged)
Statements
in
Complaint
D-6.0302 When a governing
body, the Primary
Committee Synod General Council (Auburn or
of Counsel
Westminster), or an entity of the
Primary
Synod (Westminster or
Auburn), becomes either a
complainant or a respondent,
it shall designate no more than
three persons to be a committee
of counsel, representing the
Primary Synod (Auburn or
Westminster). The committee
shall
represent the complainant
or respondent in the case until
final decision is reached in the
highest governing body to which
the case can be appealed, based
upon the issues involved.
Provide by a. A governing body, te Primary
Rule
Synod General Council
(Westminster or Auburn), or
an entity of the Primary Synod
(Auburn
or Westminster), may
provide by rule for the
appointment of a committee
of counsel.
Shall b. The
clerk of session, the stated
Not clerk,
or executive of Presbytery,
Serve or
their Sub-Synod, shall not
serve on a committee of counsel
of the governing body served.
Committee c. The Committee on Representation
on
members must be from the same
Representation Primary Synod (Westminster or Auburn),
Members unless
the case is being brought
before the General Assembly's
Arbitration Board whose jurisdiction
to hear any case is limited by
D-2.0104 of these proposed
amendments.
D-6.0303 (Unchanged)
Answer
to
Complaint
D-6.0304 When the Complaint and answer
Procedure have been filed with the stated
Prior to
clerk of the higher governing
Trial
body, the stated clerk shall
transmit them at once to the
officers of the Permanent
Judicial Commission of the
governing
body aligned with
the same Primary Synod
(Auburn
or Westminster)
as the complainant and
respondent, and shall give
notice to the parties that
the case has been
received.
D-6.0305 Upon receiving the papers, the
Examination
moderator and the clerk of the
of Papers Permanent Judicial Commission,
of
the appropriate governing body,
that is aligned with the same Primary
Synod (Westminster or Auburn)
as the complainant and
respondent, and that will try the case,
shall promptly examine the papers
to
determine whether
a. the governing body has jurisdiction;
b. the complainant has standing to
file the case;
c. the complaint was timely filed;
d. the complaint states a claim upon
which relief can be granted
D-6.0306 The moderator and
clerk of the
Preliminary governing body of the Primary
Questions Synod
(Auburn or Westminster)
Determined shall report the findings to the
parties
and to the permanent
judicial commission.
a. If a challenge is made to
the findings of the moderator
and clerk within thirty days
after
receipt of those
findings, either by a party
to the case or by a member
of the Permanent Judicial
Commission aligned with
the same Primary Synod
as the Complainant and
Respondent, opportunity
shall be provided to present
evidence
and argument on
the findings in question.
Parties shall be invited
to submit briefs prior to
the hearing on the
jurisdictional questions.
b.
If a hearing is necessary
to decide the finding in
question, that hearing
shall be scheduled at least
thirty days prior to the
trial on the complaint, unless
the circumstances, including
monetary considerations,
render available the disposition
of the preliminary questions
immediately
before the trial
on the complaint.
c.
If the Permanent Judicial
Commission of governing
body of the Primary
Synod
aligned with the same
Primary
Synod as the
Complainant and Respondent
(Westminster or Auburn),
determines
that any point
listed
above in D-6.0306
has been answered in the
negative, the Permanent
Judicial Commission shall
dismiss the case.
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