Overture 83

On Directing the General Assembly Council (GAC) to Bring Its Policies for Termination into Conformity with the Form of Government—From the Presbytery of New York City.

The Presbytery of New York City respectfully overtures the 217th General Assembly (2006) to direct the General Assembly Council to bring its policies for the termination of any of its employees into conformity with the Form of Government (G-9.0705 and G-11.0410) and, with due safeguard of the rights of its executives to recommend terminations, that the assembly mandate that termination benefits should not be contingent upon secrecy and denial of all rights to appeal on the part of terminated employees.

Rationale

The present personnel policies of the General Assembly Council allow its executive to terminate employees of the General Assembly Council (GAC) without rights of appeal mandated in the Book of Order for employees of official bodies of the Presbyterian Church (U.S.A.).

These policies not only deny rights of appeal, but are currently also sanctioned by the denial of all termination benefits, such as termination pay and health insurance, if and when the employee should resort to such appeal or should in any way communicate to others the causes and terms of his or her dismissal.

Such policies seem clearly to conflict with rights of appeal granted presbytery and synod employees in the Form of Government, G-9.0705.

Section G-11.0410 clearly requires that “... changes in the terms of the call or dissolution of the relationship [of a minister in any valid church calling] shall be reported to the presbytery” of which the minister is a member.

The denial of all termination benefits, in the event of an appeal, amounts to economic intimidation and cutting off of all review, in any level of the church, concerning the justice of the termination, in violation of the Presbyterian principle that “a representation of the whole should govern and determine … every part” (G-1.0400).