ELCA NEWS SERVICE

November 16, 2004

ELCA Church Council Commends Rules, Amends Governing Documents
04-213-MRC

     CHICAGO (ELCA) -- The Church Council of the Evangelical
Lutheran Church in America (ELCA) commended the "Rules of
Organization and Procedure for the 2005 ELCA Churchwide
Assembly," and amended the church's "Constitution, Bylaws and
Continuing Resolutions" to add two "observer categories" at
churchwide assemblies, and provide for a course of action to
"remove with cause" a voting member of the council.
     The Church Council is the ELCA's board of directors and
serves as the legislative authority of the church between
churchwide assemblies. The council met here Nov. 11-15.
Assemblies are held every other year; the next is Aug. 8-14,
2005, in Orlando, Fla.
     The council commended Rules of Organization and Procedure
for the 2005 Churchwide Assembly, and it defeated an attempt to
defer action on possible additions to a section of the rules on
voting to adopt "certain recommendations" from ELCA task force
reports. The addition states that a two-thirds majority vote is
required to adopt recommendations from a task force that requires
amendment of a constitution or bylaw provision.
     The council's discussion on churchwide assembly voting rules
took place in light of a report and recommendations coming from
the ELCA task force for the Studies on Sexuality in January. The
task force plans to share its report and recommendations
confidentially with ELCA lay and ordained ministers through
e-mail on Jan. 12. It plans to release the report and
recommendations publicly on Jan. 13, with a news conference here
at the Lutheran Center.
     Speaking against the motion to defer action Linda J. Brown,
council member, Fargo, N.D., said, "It is critical that we act on
the rules of procedure independent from upcoming recommendations
to protect our integrity." Initiating a two-thirds rule "is
consistent," she said.
     "This is not a neutral recommendation," said Ellen T. Maxon,
council member, Washington, D.C., who spoke against implementing
the two-thirds rule. The rule "sets a high bar and sends a clear
message that, if you want change, it's going to be harder" to
achieve, she said. The "cleanest way" to avoid sending that
message is by letting a simple majority vote prevail. "Let the
assembly do what it wants and not have the church council decide
for it," Maxon said.
     Joseph G. Crippen, council member, Northfield, Minn., asked
whether or not "a two-thirds majority vote is consistent with
other things of this of this nature. If we leave this out and
not deal with it in April, can the assembly" determine its own
voting procedure? The council's next meeting takes place here
April 8-11, 2005.
     In response to Crippen's question, the Rev. Lowell G. Almen,
ELCA secretary said the two-thirds majority vote "appears to be
consistent with present language. All of the rules are being
proposed by church council" and "are subject to amendment by the
churchwide assembly."
     In an interview following the council meeting, Carlos Pena,
Galveston, Texas, ELCA vice president and chair of the council,
said there were many "different factors" involved in the
council's decision to accept a two-thirds rule "versus a simple
majority for accepting [a] task force report."
     Pena said some members of the council "felt that maybe it
just needed a simple majority, that we were actually changing the
rules of procedure in anticipation of the task force report."
Another "side of the argument" questioned whether or not the rule
was "changing or could have the impact of changing church
governing documents" and whether or not there was precedent, he
said.
     Pena added that the council's action is "important because
it allows us not to be swayed one way or the other by what the
task force report" may yield. "It certainly sets the rules in
place, before we even know what" recommendations may be
forthcoming. "So, it makes it more neutral," he said.
     In a separate resolution, the council expanded the
churchwide assembly's observer category to include "seminary
faculty resource persons" and "congregation observers."
     One faculty representative from each of the eight seminaries
of the ELCA will have voice but no voting power in plenary
sessions of an assembly, if permitted by assembly rules. Faculty
representatives will be appointed by seminary presidents.
     Congregational observers will have neither voice nor voting
power at churchwide assemblies. Congregations identifying
observers must register with the church's secretary by May 31 of
an assembly year.
     In a separate resolution, the council recommended that the
2005 ELCA Churchwide Assembly adopt a provision that allows the
removal of a council voting member at "a duly held regular
meeting" called by the council with a two-thirds vote. A written
notice will be given to each member of the council 30 days prior
to the meeting, and the meeting's agenda must reflect the removal
of a specific member of the council.
     The Rev. Kenneth M. Ruppar, Richmond, Va., chair of the
council's legal and constitutional review committee, said "no
provision for the justifiable removal" of a council voting member
existed in the church's constitution.
     The statute under which the ELCA is incorporated provides
that a corporation may establish in its "corporate bylaws"
provision for the removal of a board member in "the event that
such a step becomes necessary in the judgment of the board."

For information contact:
John Brooks, Director (773) 380-2958 or [log in to unmask]
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