wfn.org | ELCA Church Council Commends Rules, Amends Governing Documents

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ELCA NEWS SERVICE

November 17, 2004

ELCA Church Council Commends Rules, Amends Governing Documents
04-213-MRC/JB

Friends:

Please replace the story, "ELCA Church Council Commends Rules, Amends
Governing Documents," issued Nov. 16, with the revised story that appears
below. The revision is intended to clarify actions of the Church Council.
We are sorry for any inconvenience this causes.  Thank you for your
consideration.

John R. Brooks
Director, ELCA News Service
Chicago

     CHICAGO (ELCA) -- The Church Council of the Evangelical
Lutheran Church in America (ELCA) recommended the "Rules of
Organization and Procedure for the 2005 ELCA Churchwide
Assembly," and amended the church's "Constitution, Bylaws and
Continuing Resolutions" to add two "observer categories" at
churchwide assemblies, and proposed a course of action to "remove
with cause" a voting member of the council.
     The Church Council is the ELCA's board of directors and
serves as the legislative authority of the church between
churchwide assemblies.	The council met here Nov. 11-15.
Assemblies are held every other year; the next is Aug. 8-14,
2005, in Orlando, Fla.
     In the rules of procedure recommended by the council for the
assembly are requirements that a two-thirds majority vote is
needed to adopt recommendations from a task force that require
amendment of a constitutional or bylaw provision, or establish a
practice or policy that is contrary to an existing practice or
policy of the ELCA, such as a policy or practice contained in a
social statement.
     The council's discussion on churchwide assembly voting rules
took place in light of a report and recommendations coming from
the ELCA task force for the Studies on Sexuality in January.  The
report and recommendations will address whether or not the church
should bless same-gender relationships and whether or not it
should allow people in such relationships to serve the church as
professional lay and ordained ministers.
     The task force plans to share its report and recommendations
confidentially with ELCA lay and ordained leaders through e-mail
on Jan. 12.  It plans to release the report and recommendations
publicly on Jan. 13, with a news conference here at the Lutheran
Center.
     In a report to the council, the Rev. Kenneth M. Ruppar,
Richmond, Va., chair of the council's legal and constitutional
review committee, proposed on the committee's behalf that the
assembly rules be recommended except for the section regarding
task force recommendations, most of which which require a two-
thirds majority vote to be adopted.  Instead, the committee
suggested the section regarding the rules on task force
recommendations be considered at the council's April 2005
meeting.
      But many council members said they wanted to adopt the
assembly rules, including task force report rules now -- as the
council indicated at its April 2004 meeting -- before the Studies
on Sexuality task force report and recommendations were completed
and made public.
     Speaking against the proposal to defer action on the task
force rules, Linda J. Brown, council member, Fargo, N.D., said,
"It is critical that we act on the rules of procedure independent
from upcoming recommendations to protect our integrity."
Initiating a two-thirds rule "is consistent" with previous
churchwide assembly actions, she said.
     "This is not a neutral recommendation," said Ellen T. Maxon,
council member, Washington, D.C., who spoke against implementing
the two-thirds rule.  The rule "sets a high bar and sends a clear
message that, if you want change, it's going to be harder" to
achieve, she said.  The "cleanest way" to avoid sending that
message is by letting a simple majority vote prevail.  "Let the
assembly do what it wants and not have the church council decide
for it," Maxon said.
     Joseph G. Crippen, council member, Northfield, Minn., asked
whether or not "a two-thirds majority vote is consistent with
other things of this of this nature.  If we leave this out and
not deal with it in April, can the assembly" determine its own
voting procedure?  The council's next meeting takes place here
April 8-11, 2005.
     In response to Crippen's question, the Rev. Lowell G. Almen,
ELCA secretary, said the two-thirds majority vote on task force
recommendations "appears to be consistent with present language.
All of the rules are being proposed by church council" and "are
subject to amendment by the churchwide assembly."
     In an interview following the council meeting, Carlos Pena,
Galveston, Texas, ELCA vice president and chair of the council,
said there were many "different factors" involved in the
council's decision to accept a two-thirds rule "versus a simple
majority for accepting [a] task force report."
     Pena said some members of the council "felt that maybe it
just needed a simple majority, that we were actually changing the
rules of procedure in anticipation of the task force report."
Another "side of the argument" questioned whether or not the rule
was "changing or could have the impact of changing church
governing documents" and whether or not there was precedent, he
said.
     Pena added that the council's action is "important because
it allows us not to be swayed one way or the other by what the
task force report" may yield.  "It certainly sets the rules in
place, before we even know what" recommendations may be
forthcoming.  "So, it makes it more neutral," he said.

Council Acts on Official Observers, Council Member Removal Policy
     The council amended a continuing resolution expanding the
churchwide assembly's observer category to include "seminary
faculty resource persons" and "congregation observers."
     One faculty representative from each of the eight seminaries
of the ELCA will have voice but no voting power in plenary
sessions of an assembly, if permitted by assembly rules.  Faculty
representatives will be appointed by seminary presidents.
     Congregational observers will have neither voice nor voting
power at churchwide assemblies.  Congregations identifying
observers must register with the church's secretary by May 31 of
an assembly year.
     In a separate resolution, the council recommended that the
2005 ELCA Churchwide Assembly adopt a constitutional provision
that allows for the removal of a council voting member at "a duly
held regular meeting" called by the council with a two-thirds
vote.  A written notice will be given to each member of the
council 30 days prior to the meeting, and the meeting's agenda
must reflect the removal of a specific member of the council.
     Ruppar said "no provision for the justifiable removal" of a
council voting member existed in the church's constitution.
     The statute under which the ELCA is incorporated provides
that a corporation may establish in its "corporate bylaws"
provision for the removal of a board member in "the event that
such a step becomes necessary in the judgment of the board."

For information contact:
John Brooks, Director (773) 380-2958 or news@elca.org
http://www.elca.org/news