ELCA NEWS SERVICE November 17, 2004 ELCA Church Council Commends Rules, Amends Governing Documents 04-213-MRC/JB Friends: Please replace the story, "ELCA Church Council Commends Rules, Amends Governing Documents," issued Nov. 16, with the revised story that appears below. The revision is intended to clarify actions of the Church Council. We are sorry for any inconvenience this causes. Thank you for your consideration. John R. Brooks Director, ELCA News Service Chicago CHICAGO (ELCA) -- The Church Council of the Evangelical Lutheran Church in America (ELCA) recommended 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 proposed 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. In the rules of procedure recommended by the council for the assembly are requirements that a two-thirds majority vote is needed to adopt recommendations from a task force that require amendment of a constitutional or bylaw provision, or establish a practice or policy that is contrary to an existing practice or policy of the ELCA, such as a policy or practice contained in a social statement. 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 report and recommendations will address whether or not the church should bless same-gender relationships and whether or not it should allow people in such relationships to serve the church as professional lay and ordained ministers. The task force plans to share its report and recommendations confidentially with ELCA lay and ordained leaders 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. In a report to the council, the Rev. Kenneth M. Ruppar, Richmond, Va., chair of the council's legal and constitutional review committee, proposed on the committee's behalf that the assembly rules be recommended except for the section regarding task force recommendations, most of which which require a two- thirds majority vote to be adopted. Instead, the committee suggested the section regarding the rules on task force recommendations be considered at the council's April 2005 meeting. But many council members said they wanted to adopt the assembly rules, including task force report rules now -- as the council indicated at its April 2004 meeting -- before the Studies on Sexuality task force report and recommendations were completed and made public. Speaking against the proposal to defer action on the task force rules, 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" with previous churchwide assembly actions, 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 on task force recommendations "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. Council Acts on Official Observers, Council Member Removal Policy The council amended a continuing resolution expanding 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 constitutional provision that allows for 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. Ruppar 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] http://www.elca.org/news