The Presbyterian Church (U.S.A.) shall be governed by representative bodies composed of presbyters, both elders and ministers of the Word and Sacrament. These governing bodies shall be called

session

presbytery

synod

General Assembly

1. Governing bodies of the church are distinct from the government of the state and have no civil jurisdiction or power to impose civil penalties.^a They have only ecclesiastical jurisdiction for the purpose of serving Jesus Christ and declaring and obeying his will in relation to truth and service, order and discipline.

2. They may frame symbols of faith, bear testimony against error in doctrine and immorality in life, resolve questions of doctrine and of discipline, give counsel in matters of conscience, and decide issues properly brought before them under the provisions of the Book of Order. They may authorize the serving of the Lord’s Supper in accordance with the principles of the Directory for Worship. (W-2.4012, W-3.6204). They have power to establish plans and rules for the worship, mission, government, and discipline of the church and to do those things necessary to the peace, purity, unity, and progress of the church under the will of Christ. They have responsibility for the leadership, guidance, and government of that portion of the church which is under their jurisdiction.

1. Governing bodies of the church shall be responsible for implementing the church’s commitment to inclusiveness and participation as stated in G-4.0403. All governing bodies shall work to become more open and inclusive and shall pursue affirmative action hiring procedures aiming at correcting patterns of discrimination on the basis of the categories listed in G-4.0403.

2. In implementing this commitment, consideration should be given to the gifts and requirements for ministry (G-6.0106) in persons elected or appointed to particular offices or tasks, and to the right of the people to elect their officers. (G-6.0107)

1. Each governing body above the session shall elect a committee on representation, whose membership shall consist of equal numbers of men and women. A majority of the members shall be selected from the racial ethnic groups (such as Presbyterians of African, Hispanic, and Asian descent and Native Americans) within the governing body, and the total membership shall include persons from each of the following categories:

1. majority male membership
2. majority female membership
3. racial ethnic male membership
4. racial ethnic female membership
5. youth male and female membership
6. persons with disabilities

2. Its main function shall be to advise the governing bodies with respect to their membership and to that of their committees, boards, agencies, and other units in implementing the principles of participation and inclusiveness to ensure fair and effective representation in the decision making of the church.

Advocate and Resource

3. The committee on representation shall serve both as an advocate for the representation of racial ethnic members, women, different age groups, and persons with disabilities, and as a continuing resource to the particular governing body in these areas. The committee on representation shall review the performance of its own governing body in these matters and shall report annually to it and to the next higher governing body with recommendations for any needed corrective action. The committee on representation shall consult with the nominating committee of its own governing body.

4. Prior to nomination or appointment of racial ethnic members to committees, boards, agencies, or other units, the committee on representation shall consult with the appropriate racial ethnic membership through a person or persons designated by that racial ethnic membership. In situations where racial ethnic membership is low, the committee on representation of each governing body shall consult with racial ethnic members, sessions, nominating committees, and persons designated by national racial ethnic membership to discover potential racial ethnic members of such body and to determine achievable representation. Prior to nomination or appointment of women to the above agencies, the committee on representation shall consult with the appropriate constituencies of women through a person or persons designated by those constituencies.

5. The committee on representation shall advise the governing body on the employment of personnel, in accordance with the principles of participation and representation (G-4.0403), and in conformity with a churchwide plan for equal employment opportunity. (G-13.0201b)
6. The committee on representation shall not, in any governing body, be merged with any other committee or designated as a subcommittee of any other committee.

1. Exceptions to the provisions of G-9.0105a requiring a majority of the members to be selected from racial ethnic groups shall be allowed by a governing or electing body only if it is unable to secure the participation or representation of the necessary persons, and this fact shall be made a part of the official record of the governing, electing, or appointing body. No exception is permitted to the requirement that each governing body above the session elect a committee on representation.
2. An exception under G-9.0106a may be allowed for up to one year by governing body action at a meeting. The approval of such exception shall be promptly reported by the stated clerk to the next higher governing body through its stated clerk and committee on representation, which committee shall monitor the lower governing body and its committee on representation during the period of the exception.

1. The moderator possesses the authority necessary for preserving order and for conducting efficiently the business of the governing body. He or she shall convene and adjourn the governing body in accordance with its own action. The moderator may, in an emergency, convene the governing body by written notice at a time and place different from that previously designated by the body.

2. The pastor of a particular church shall be the moderator of the session of that church. In congregations where there are co-pastors, they shall, when present, alternately preside in the session. The moderator of a presbytery shall be elected for such term as the presbytery may determine, not exceeding one year. The moderator of a synod shall be elected for such term as the synod may determine, not less than one year and not exceeding two years. The Moderator of the General Assembly shall be elected at each stated meeting. At the time of election, the moderator of a presbytery, a synod, or the General Assembly must be a continuing member of, or a commissioner to, the governing body over which he or she is elected to preside.

1. The clerk shall record the transactions of the governing body, keep its rolls of membership and attendance, preserve its records carefully, and furnish extracts from them when required by another governing body of the church. Such extracts, verified by the clerk, shall be evidence in any governing body of the church.

2. The clerk of the session shall be an elder elected by the session for such term as it may determine. The clerk of a presbytery, a synod, and the General Assembly shall be called stated clerk, shall be elected by the governing body for a definite term as it may determine, and must be eligible for membership in the governing body.

1. The moderator of a governing body beyond the session shall open all stated meetings during his or her term of office and shall preside until a new moderator is elected. Governing bodies beyond the session may provide by rule who shall preside in the absence of the moderator.

2. All meetings of governing bodies shall be opened and closed with prayer.^b Presbyteries and synods that meet more often than annually shall designate one stated meeting each year, which shall include preaching the Word and sharing the Lord’s Supper. Stated meetings of synods that meet annually or biennially and the General Assembly shall include a time for the preaching of the Word and the celebration of the Lord’s Supper.

1. Written notice of the protest shall be given at the particular session of the governing body during which it arose. The protest shall be filed with the clerk or stated clerk before adjournment.

2. If a protest is expressed in decorous and respectful language, the governing body shall enter it in its minutes in recognition of the person’s right of conscience. That entry does not justify disobedience.

3. A governing body against which a protest is taken may prepare an answer that shall be entered in its minutes. This shall terminate the protest.

1. Mission determines the form of structure and administration. All structures should enable the church to give effective witness to the Lordship of Christ in the contemporary world.

2. The administration of mission should be performed by the governing body that can most effectively and efficiently accomplish it at the level of jurisdiction nearest the congregation.

3. All structures shall be open to the possibility of change and new forms of ecumenical cooperation.

1. Each governing body shall participate through its representatives in the planning and administration of the next higher body.
2. Each governing body shall consult through appropriate representatives with governing bodies below and above it concerning mission priorities, program, budgeting, the establishment of administrative staff positions, equitable compensation, personnel policies, and fair employment practices.
3. Each governing body shall recruit, train, and employ its staff in accordance with the principles of inclusiveness and affirmative action found in G-9.0104.
4. Each governing body above the session shall prepare a budget for its operating expenses, including administrative personnel, and may fund it with a per capita apportionment among the particular churches within its bounds. The presbyteries shall be responsible for raising their own per capita funds, and for raising and timely transmission of per capita funds to their respective synods and to the General Assembly. The presbyteries may direct per capita apportionments to the sessions of the churches within their bounds.

1. The congregation of a particular church and the committees, bodies, and organizations of that church shall report annually all proceedings and actions to the session, which shall review and summarize them and incorporate the summary in its minutes.

2. The moderator, the stated clerk, the councils, commissions, committees, boards, agencies, and organizations of presbyteries and synods shall report annually all proceedings and actions to that governing body, which shall review them.

3. The moderator, stated clerk, the councils, commissions, committees, boards, agencies, and organizations of the General Assembly shall report at least biennially all proceedings and actions to the General Assembly, which shall review them.
4. Every governing body above a session shall review the records of the proceedings of the next lower governing body.

1. Presbyteries shall review the records of sessions annually. If a session shall fail to submit its records for this purpose, the presbytery shall order them to be produced at a specific time.
2. Synods shall review the records of presbyteries annually. If a presbytery shall fail to submit its records for this purpose, the synod shall order them to be produced at a specific time.
3. The General Assembly shall review the records of synods at least biennially. If a synod shall fail to submit its records for this purpose, the General Assembly shall order them to be produced at a specific time.

1. In reviewing the proceedings of a lower governing body, the higher governing body shall determine, either from the records of those proceedings or from any other information as may come to its attention, whether:

1. The proceedings have been correctly recorded;
2. The proceedings have been regular and in accordance with the Constitution;^c
3. The proceedings have been prudent and equitable;
4. The proceedings have been faithful to the mission of the whole church;
5. The lawful injunctions of a higher governing body have been obeyed.

2. When the proceedings of a lower governing body are being reviewed by a higher governing body, the members of the higher governing body who are also members of the lower governing body may participate in discussion but shall not vote.

1. A committee is appointed either to study and recommend appropriate action or to carry out directions or decisions already made by a governing body. It shall make a full report to the governing body that created it, and its recommendations shall require action by the governing body.

2. Committees of governing bodies above the session shall consist of laypersons and ministers of the Word and Sacrament with at least one half the members being laypersons.

1. Commissions appointed by sessions, presbyteries, synods, or the General Assembly may be either administrative or judicial, except in the case of sessions, which may appoint only administrative commissions. The functions ordinarily entrusted to an administrative commission are:

1. to ordain ministers of the Word and Sacrament and to install them in permanent pastoral relations;
2. to organize churches. When such commissions are appointed by a presbytery to organize new congregations (G-11.0103h), the presbytery may authorize that commission to assume any or all powers and responsibilities of a session (G-10.0102) for the benefit and ministry of the new congregation. The presbytery may authorize the commission to delegate such powers and responsibilities to a committee of the new congregation;
1. For immigrant fellowships with roots in the Reformed tradition, if the presbytery determines (1) that its strategy for mission with that constituency requires it and (2) that the chosen lay leadership of the immigrant fellowship is equivalent to elders and session, then the presbytery or its administrative commission may recognize that status as equivalent and proceed to recognize those leaders as elders.  In making this determination the presbytery shall be guided by written criteria developed by the presbytery.  These criteria shall be based upon the description of the nature of ordained office found in G-6.0100 and G-6.0300.
2. For immigrant fellowships the presbytery may, if it determines that its strategy for mission with that constituency requires it, grant designated leader(s) of a fellowship voice and vote in the meetings of presbytery on an annual basis.
3. to merge churches;
4. to visit particular churches, governing bodies, or other organizations of the church reported to be affected with disorder,^d and to inquire into and settle the difficulties therein, except that no commission shall have the power to dissolve a pastoral relationship unless such power has been specifically delegated to it by the appointing body;
5. to receive candidates under the care of presbytery (G-14.0401);
6. in the case of administrative commissions appointed by sessions, to ordain and install elders and deacons, and to visit organizations within a particular church and settle differences therein.
7. To make pastoral inquiry in the event that jurisdiction in a judicial proceeding is ended as a result of the death of, or renunciation of jurisdiction by, the person accused of the disciplinary offense of “sexual abuse of another person.” (D-10.0401b) The inquiry shall:
1. not be a part of the church’s judicial proceedings;
2. be empowered to receive witnesses and to consider evidence; and
3. reach a determination of truth related to the accusation and make a full report to the governing body who appointed it, including recommendations for appropriate action.

2. The functions of a judicial commission are to consider and decide a case of process for the governing body according to the Rules of Discipline. (See D-5.0000 on Permanent Judicial Commissions.)

3. A commission may be assigned additional duties as a committee, the reporting of which shall be handled as is a committee’s report.

1. An administrative commission of a session shall consist of at least two elders and the moderator of the session or other minister of the Word and Sacrament installed in a permanent relationship within the particular church governed by the session.

2. Administrative and judicial commissions of presbytery, synod, and the General Assembly shall be composed of ministers of the Word and Sacrament and elders in numbers as nearly equal as possible. When the commission consists of an odd number of members, the additional member may be either an elder or a minister of the Word and Sacrament. The minimum number and distribution of members shall be:

1. for the General Assembly, not fewer than fifteen members with at least one member from each of its constituent synods;

2. for a synod, not fewer than eleven members with, insofar as practicable, not more than one member from any one of its constituent presbyteries;

3. for a presbytery, not fewer than seven members, with not more than one of its elder members from any one of its constituent churches. For the performance of functions set forth in G-9.0503a(1), a presbytery may reduce the number to five members with not more than one of the elders from any one church.

3. The quorum of an administrative commission shall be a majority of the members, unless the appointing governing body fixes the quorum at a higher number. The quorum of a judicial commission shall be a majority of the members. (D-5.0204)

1. The decision of an administrative commission shall be the action of the appointing governing body from the time of its completion by the commission and the announcement, where relevant, of the action to parties affected by it. Such decision shall be transmitted in writing to the stated clerk of the governing body, who shall report it to the governing body at its next meeting. A governing body may rescind or amend an action of an administrative commission in the same way actions of the governing body may be modified.

2. (1) When an administrative commission has been appointed to settle differences within a church, a governing body, or an organization of the church, it shall, before making its final decision, afford to all persons to be affected by the decision fair notice and an opportunity to be heard on the matters at issue. (See G-9.0503a(4), a(6), G-9.0505b-d) Fair notice shall consist of a short and plain statement of the matters at issue as identified by the commission and of the time and place for a hearing upon the matters at issue. The hearing shall include at least an opportunity for all persons in interest to have their positions on the matters at issue stated orally.

(2) Whenever the administrative commission has been empowered to dissolve a pastoral relationship and the administrative commission chooses to exercise that power, there shall always be a meeting of the congregation at which the commission shall hear the positions of the pastor and the members if they choose to speak. The pastor shall be accorded the right to hear the concerns expressed by members in the meeting and to have reasonable time to respond during the meeting. (See G-14.0610, G-14.0611, G-14.0612, G-11.0103o).

3. In its absolute discretion, a commission may, in particular proceedings, afford additional procedural process such as that afforded in cases of judicial process, either upon motion of persons in interest or on its own motion.
4. In any case where allegations or assertions concerning individuals are allegations of an offense, the procedures in the Rules of Discipline for a disciplinary case shall be followed.

Participation in this process of mediation or conciliation may not be required of any party.

1. The executives of the presbyteries and synods shall be the administrators of those governing bodies, accountable to the governing bodies, through their councils, for the implementation of decisions and matters of strategy, program, and resources. They shall also provide staff services for the agencies and committees of the governing bodies. Additional responsibilities, along with the process of calling, the method of annual review of work, and the matter of reelection or termination of employment, shall be set forth clearly in the manuals called for in G-9.0405, above.

2. Each presbytery may elect an executive presbyter in consultation with synod council, or other unit designated by the synod when there is no council, and may do so jointly with other presbyteries if program and resources make that necessary. Each synod may elect an executive in consultation with the General Assembly Mission Council.

1. Each presbytery and synod shall elect a nominating committee broadly representative of the member churches of the presbytery or presbyteries, with a membership of one third ministers of the Word and Sacrament, one third laywomen, and one third laymen. The nominating committee shall consist of three classes, each serving for a three-year term except where initial classes of one- and two-year terms are necessary to establish regular rotation.

2. The nominating committee shall nominate persons to fill all vacancies on continuing committees (except the nominating committee), councils, boards, and other bodies that require election by the presbytery or synod. Consideration shall be given to the nomination of equal numbers of ministers of the Word and Sacrament, laymen, and laywomen (i.e., one third each), except that women elders and men elders shall be nominated to the committee on ministry to which presbytery functions may be delegated. (G-11.0501, G-12.0102d, G-13.0111, G-13.0202)
3. The nominating committee shall consult, at least annually, with the committee on representation of its own governing body. If the committee on representation of that governing body has been granted an exception under the provisions of G-9.0106, the committee on representation of the next higher governing body shall be invited to participate in that consultation.

4. In nominating persons to particular responsibilities the nominating committee shall observe the relevant provisions of G-6.0106, G-9.0104, G-11.0103d, G-11.0302, G-12.0102d, G-13.0108, and G-13.0202.

1. In the Presbytery

A council for the coordination of mission and program (G-11.0103v)

Committee on Representation (G-9.0105, G-11.0302)

Committee on Ministry (G-11.0500, G-14.0530)

Committee on Preparation for Ministry (G-14.0400)

Nominating Committee (G-9.0800, G-11.0103w)

Permanent Judicial Commission (D-5.0000)

2. In the Synod

A council for the coordination of mission and program. (G-12.0102r) (The only exception to this requirement shall be when a synod chooses to retain the coordinating function for itself.)

Committee on Representation (G-9.0105, G-12.0301)

Nominating Committee (G-9.0800, G-12.0102s)

Permanent Judicial Commission (D-5.0000)

3. In the General Assembly

General Assembly Mission Council (G-13.0200)

Committee on Representation (G-9.0105, G-13.0108)

Nominating Committee (G-13.0111)

Advisory Committee on the Constitution (G-13.0112)

Board responsible for pensions (G-14.0534, G-16.0201t, G-17.0201j)

Permanent Judicial Commission (D-5.0000)