Overture 04-2. On Amending D-10.0401c, Time Limits, When Utilizing Alternative Dispute Resolution—From the Presbytery of South Louisiana.

The Presbytery of South Louisiana overtures the 216th General Assembly (2004) to direct the Stated Clerk to send the following proposed amendment to the presbyteries for their affirmative or negative vote:

Shall D-10.0401c be reinstated with the addition of the phrase “, not to exceed two years.” Section D-10.0401c shall read as follows:

“If an alternative form of resolution is initiated, the time limits herein provided shall be extended for the duration of the process, not to exceed two years.”

Rationale

The presbytery’s permanent judicial commission recommended a negative vote on Amendment 02-E, and the presbytery concurred.

The rationale was expressed as follows:

"The PJC, after studying Amendment 02-E, the information found in The Presbyterian Outlook of January 13-20, 2003, and the recommendations from the General Assembly Committee on Church Polity, feels Amendment 02-E in its present form, if not ratified by the Presbyteries, or if ratified, removes a Statute of Limitations which would allow alternate means designed to bring resolution in disciplinary cases to provide a means by which one could extend alternative resolutions indefinitely; prohibiting action by an Investigating Committee to prosecute charges, brought by individuals, Sessions, or Presbyteries before the PJC in a decent and orderly manner, thus causing additional negative feelings concerning the inability of our Governing Bodies to effectually govern and guide the Church.

However, it is the opinion of the PJC that no time limit provides a means for procrastination, diluting the validity of Governing Bodies to act in disciplinary cases.

Therefore, we encourage Presbytery to adopt this recommendation and to overture the 216th General Assembly to amend D-10.0401c.”