Overture 04-45. On Adding a New Section D-10.0106 if Amendment 03-G Passes—From the Presbytery of Northern New York.

The Presbytery of Northern New York overtures the 216th General Assembly (2004) of The Presbyterian Church (U.S.A.) to direct the Stated Clerk to send the following proposed amendment to the presbyteries for their affirmative or negative votes:

If Amendment 03-G is approved:

Shall D-10.0106 be amended as follows: [Text to be deleted is shown with a strike-through; text to be added or inserted is shown as italic.

“When a written statement of an alleged offense of sexual misconduct towards a minor under the age of 18 or towards a person it is alleged lacked the mental capacity to consent has been received, the governing body receiving the allegation will immediately place the minister or other employee on administrative leave. provide for the supervision of the accused, and for placing the accused on paid leave of absence after a prompt preliminary investigation, with an opportunity for the accused to be heard, into whether it is probable that the charges have merit and this is a risk of future abuse. Such leave will continue until resolution of the matter in one of the ways prescribed by the Rules of Discipline. While administrative leave is in effect, a minister or other employee may not perform any pastoral, administrative, educational, or supervisory duties, and may not officiate at any function such as Baptisms, funerals or weddings.”

If Amendment 03-G is not approved:

Shall a new section, D-10.0106, be added to read as follows:

“When a written statement of an alleged offense of sexual misconduct towards a minor under the age of 18 or towards a person it is alleged lacked the mental capacity to consent has been received, the governing body receiving the allegation will immediately provide for the supervision of the accused, and for placing the accused on paid leave of absence after a prompt preliminary investigation, with an opportunity for the accused to be heard, into whether it is probable that the charges have merit and this is a risk of future abuse. Such leave will continue until resolution of the matter in one of the ways prescribed by the Rules of Discipline. While administrative leave is in effect, a minister or other employee may not perform any pastoral, administrative, educational, or supervisory duties, and may not officiate at any function such as Baptisms, funerals or weddings.”