Overture 14

On Amending D-10.0106 Regarding Administrative Leave—From the Presbytery of Eastern Virginia

The Presbytery of Eastern Virginia respectfully overtures the 217th General Assembly (2006) 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 vote:

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 abuse toward any person under the age of eighteen, or who it is alleged lacked the mental capacity to consent, has been received against a minister of the Word and Sacrament, the stated clerk receiving the allegation shall immediately communicate the allegation to the permanent judicial commission. The moderator of the permanent judicial commission shall within three days designate two members, who may be from the roster of former members of the permanent judicial commission, to determine whether the accused shall be placed on a paid administrative leave during the resolution of the matter. The cost of such shall be borne by the employing entity whenever possible or be shared by the presbytery as necessary. While administrative leave is in effect, a the minister or other employee may not perform any pastoral, administrative, educational, or supervisory duties, and may not officiate at any functions such as Baptism, funerals, or weddings.”

[Sections D-10.0106a and D-10.0106b remain unchanged.]

Rationale

This overture seeks to clarify the language of D-10.0106. The paragraph begins by discussing when a written statement has been received against a minister of the Word and Sacrament and ends by referring to a minister or other employee. There is no apparent reason for adding “or other employee” at this point or any explanation of whom the “other employee” is. There is concern that this could be interpreted to mean that an associate pastor could be included and also not be allowed to perform any of these duties while the pastor was on administrative leave. Others that could possibly be included in this interpretation of “other employee” are certified Christian educators, directors of Christian education, administrative assistants, or any other employee of the church. This paragraph should be limited to the minister against whom the accusation is alleged.