Overture 22

On Adding a New Section D-2.0104 Outlining a Process to Handle Frivolous Complaints—From the Presbytery of National Capital.

The Presbytery of National Capital overtures the 217th General Assembly (2006) to direct the Stated Clerk to send the following proposed amendment to the presbyteries for their affirmative or negative vote:

Shall a new section D-2.0104 be added, to read as follows:

“An investigating committee or permanent judicial commission, in order to ensure that the judicial process is not abused, must, in every case other than an allegation of sexual abuse, determine whether the complainant or accuser has complied with D-1.0103. If there is no evidence of purposeful compliance, and if there is evidence of bad faith or reckless disregard by the complainant or accuser, the investigating committee or permanent judicial commission can, at its discretion, declare the accusation or complaint to be frivolous, and such finding shall be publicly disclosed. If the investigating committee or permanent judicial commission declares the accusation or complaint to be frivolous, it can, at its discretion, preclude the accuser or complainant from access to judicial process within the Presbyterian Church (U.S.A.), except for an allegation of sexual abuse, for a period of up to one year.”

Rationale

The Rules of Discipline are intended for “building up the body of Christ, not for destroying it, for redeeming, not for punishing” (D-1.0102). Use of judicial process to advance personal or political agendas, or to “punish” positions, statements, or actions that the accuser or complainant disagrees with, undermines and eviscerates the Rules of Discipline. In addition, use of the judicial process to advance frivolous complaints imposes unnecessary costs, both in terms of money and persons, upon the governing body processing the complaint. This new section to the Rules of Discipline would provide a means to ensure that the rules are not abused.