PERMANENT JUDICIAL COMMISSION

The Permanent Judicial Commission (PJC) report to the 43rd General Assembly of its work during 2022-2023, plus recommendations for consideration by the Assembly.

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Summary of Work
Summary of Recommendations
Work of the Committee
Recommendations (Detailed)
Committee Members
Meeting Dates

Yvonne Chapman

Moderator
RE, Presbytery of the Central South

SUMMARY OF WORK

PJC 23-01: Examined recommendation from the National Leadership Team to amend Book of Discipline (BOD) 1-1, Definition of Church Discipline. (See G.21-3D.2a.)

PJC 23-02: Examined the Ascending Overture from the Chaplains Work and Care Committee (CWCC) to amend Book of Government 9-5E and 9-11B. (See G.21-3D.2a.)

PJC 23-03: Examined recommendation from the National Leadership Team to amend Rules for Assembly X.10-1, to add a Permanent Committee on Disaster Relief. (See Rules for Assembly X.10-1.)

PJC 23-04: Reviewed National Leadership Team question regarding interpretation of Book of Government 17-5. (See G.21-3D.1a.)

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RECOMMENDATIONS

43-04 The Permanent Judicial Commission recommends that the 43rd General Assembly approve the recommendation of the National Leadership Team to amend Rules for Assembly X.10-1 to form a Permanent Committee on Disaster Relief as edited by the PJC in section X.10-1.J.2a.

43-13 The Permanent Judicial Commission recommends that the 43rd General Assembly decline the interpretation of Book of Government 17-5 offered by the National Leadership Team. Instead, the PJC recommends that the 43rd General Assembly amend Book of Government 17-5, 6-8D, and 18-3H.

43-14 The Permanent Judicial Commission recommends that the 43rd General Assembly approve the proposal of the National Leadership Team, as modified by the PJC, to amend Book of Discipline (BOD) 1-1, Definition of Church Discipline.

43-16 The Permanent Judicial Commission recommends that the 43rd General Assembly approve the proposed amendments to the Book of Government 9-5E and 9-11B from the Chaplains Work and Care Committee, as edited by the PJC.

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WORK OF THE COMMITTEE

PJC 23-01

Date: March 28, 2023

Matter before the Commission: Recommendation from the National Leadership Team to amend Book of Discipline (BOD) 1-1, Definition of Church Discipline by adding a third paragraph, as follows: “Church Discipline does not supersede the responsibility to report cases of suspected abuse to civil authorities according to local and state requirements.”

Issue for PJC Consideration: Once the Stated Clerk refers a proposed amendment to the Permanent Judicial Commission, the PJC “shall examine the proposed amendment for clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church.” The PJC “shall report its findings to the General Assembly along with its recommendations, which may include an amended version of any proposed constitutional changes as well as advice to accept or decline the proposals referred to the Commission.” G.21-3D.2.

Discussion: The Moderator suggested that the word “legal” be inserted before “responsibility.” Upon further discussion by Commissioners, two additional changes were proposed:

1. Insert after “supersede,” the phrase “or negate” and
2. Edit the word “Discipline” to the lower case “discipline.”

PJC Decision 23-01, ON MOTION: Recommendation 1: The PJC recommends that the 43rd General Assembly of the EPC accept the proposal of the National Leadership Team, as modified by the PJC, to amend Book of Discipline (BOD) 1-1, Definition of Church Discipline, by adding the following as a third paragraph: “Church discipline does not supersede or negate the legal responsibility to report cases of suspected abuse to civil authorities according to local and state requirements.”

This decision of the PJC is unanimous.

Members of PJC present and voting: Yvonne Chapman, Don Flater, Jeff Hollingworth, Forrest Norman, Ken Roberts, Brian Wyatt.
Present, not voting: Dean Weaver, Stated Clerk; Bob Garment, Chief Parliamentarian.

PJC 23-02

Date: April 17, 2023

Matter before the Commission: Ascending Overture from the Chaplains Work and Care Committee (CWCC) to amend Book of Government 9-5E and 9-11B. Note: See Appendix B for the original text of the Ascending Overture from the CWCC.

Issue for PJC Consideration: Does the amendment proposed by the CWCC satisfy the requirements under G.21-3D.2 for clarity, consistency of language, and compatibility with other provisions of the Constitution?

Discussion: Once the Stated Clerk refers a proposed amendment to the Permanent Judicial Commission, the PJC “shall examine the proposed amendment for clarity and consistency of language and for compatibility with other provisions of the Constitution of the Evangelical Presbyterian Church.” The PJC “shall report its findings to the General Assembly along with its recommendations, which may include an amended version of any proposed constitutional changes as well as advice to accept or decline the proposals referred to the Commission.” G.21-3D.2.

The PJC reviewed Rules for Assembly X.10-1I in its entirety to ascertain the duties and authority of the CWCC as well as those of the Chaplain Endorser. Chapter X.10-1I of the Rules for Assembly establishes the CWCC as a permanent committee with the following responsibilities:

a. Oversee and conduct the chaplain endorsement process,
b. Develop and implement policies and procedures for EPC chaplain ministry,
c. Provide for pastoral care for endorsed chaplains and their families. (See Rules X.10-1I.2.)

The Chaplain Endorser is a designated, representative position accountable to the Office of the Stated Clerk, but has no authority itself. Therefore, by including the Chaplain Endorser as a party with authority, the proposed amendments are not consistent with Chapter X.10-1I.3.

PJC Decision 23-02, ON MOTION: Recommendation 2: The PJC recommends that the 43rd General Assembly of the EPC accept the proposed amendments from the CWCC, as edited by the PJC, as follows:

1. Add the following as a final sentence to G.9-5E: “All Teaching Elders serving as Chaplains must obtain endorsement from the Committee on Chaplains Work and Care.” (See Rules for Assembly X.10-1I.)
2. Add the following as provision C, following G.9-11B: “C. Commissioned Pastors approved by their Presbytery to serve as a Chaplain must obtain endorsement from the Committee on Chaplains Work and Care.” (See Rules for Assembly X.10-1I.)
3. Renumber subsequent paragraphs of G.9-11 accordingly.

This decision is unanimous.

Members of PJC present and voting: Yvonne Chapman, Don Flater, Jeff Hollingworth, Gordon Miller, Forrest Norman, Ken Roberts, Brian Wyatt.
Present, not voting: Dean Weaver, Stated Clerk; Bob Garment, Chief Parliamentarian.

PJC 23-03

Date: April 17, 2023

Matter before the Commission: NLT Recommendation to amend Rules of Assembly, part X-10, to add a Permanent Committee on Disaster Relief. Note: See Appendix C for the original text of the NLT recommendation for a Permanent Committee on Disaster Relief.

Issue for PJC Consideration: Does the PJC recommend that the General Assembly accept the NLT recommendation to form a Permanent Committee on Disaster Relief as drafted?

Discussion: If approved, this would add a new section, J, to Rules for Assembly, Chapter X. Currently, the National Leadership Team has administrative oversight in responding to emergency and disaster situations. (See Rules for Assembly, Chapter X.10-1A.3b(2), Book of Order page 163.) The PJC determined that the General Assembly should not designate specific agencies with which the committee should coordinate when assigning duties; the committee itself, working through its members and others qualified in areas of emergency management and disaster relief, should determine with which agencies to work. Therefore, the PJC recommends edits to section 2a of the provision proposed by the NLT.

PJC Decision 23-03, ON MOTION: Recommendation 3: The PJC recommends that the 43rd General Assembly of the EPC accept the amendment to Rules of Assembly to form a Permanent Committee on Disaster Relief, as edited by the PJC in section X.10-1J.2a, as follows:

X.10-1J Committee on Disaster Relief

1. Membership is comprised of 9 members on a three-year, three class system, including 3 Teaching Elders, 3 Ruling Elders, and 3 who need not be elders. Non-elders should be qualified in areas of emergency management, disaster relief mobilization, or other areas essential to the duties below. The Committee will be divided into three classes each with three-year terms. The Committee may utilize input from EPC sources outside the continental United States when considering disaster relief plans for The Bahamas or Puerto Rico.
2. Duties

a. To develop a plan to implement an emergency response to disasters in cooperation with local EPC congregations, appropriate governmental agencies, and other relief organizations.
b. To produce and distribute a guide to requesting disaster help to all Sessions, Presbyteries, and other EPC agencies, which would include emergency aid contacts to use in the event of a disaster situation.

This decision is unanimous.

PJC 23-04

Date: April 17, 2023

Matter before the Commission: NLT question regarding interpretation of Book of Government 17-5. Note: See Appendix D for the original text of the NLT proposal to interpret G.17-5.

Issue for PJC Consideration: Does G.17-5 need clarifying language to assure there is no confusion that the EPC does not require a local church to conduct an audit of the finances of the church? If clarity is needed, how would the General Assembly best accomplish the desired result?

Discussion: Questions regarding interpretations of the Book of Order “shall be referred by the Stated Clerk.” (See G.21-3D.1a.) “The Permanent Judicial Commission, acting as a committee (s)hall review all referrals and shall recommend to the Assembly its interpretation, along with reasons. The Assembly shall act as it deems wise.” (G.21-3D.1a.) The provision in question follows:

G.17-5 Treasurer

A. Where the responsibility for the finances of the local church falls to the Board, it shall appoint a Treasurer to handle the financial matters of the congregation. This person may or may not be a Deacon.
B. Where the Session retains responsibility for financial matters, it shall follow this stipulation: the Treasurer shall report to the appointing body at each stated meeting, keeping a careful record of financial matters. The appointing body shall be responsible for an annual audit of the finances of the church.

The PJC determined that G.17-5 is confusing; as the section on Treasurers is embedded in the chapter on the Board of Deacons, there is ambiguity as to its scope, such as whether it is intended to be applicable only to boards of deacons, or to the local church governance as a whole; additionally, it creates differences of opinion as to whether the EPC requires each local church to conduct an annual audit of its finances. Moreover, a local church determines how it manages its financial issues through its bylaws, state laws, and actions of its congregation.

Through the content of its recommendation, the NLT has determined that financial accountability is essential to maintaining the integrity of congregations within the EPC. To that end, regular audits or financial reviews are strongly encouraged; however, the EPC does not require Sessions to conduct such audits or reviews. Nevertheless, the PJC has determined that adopting these statements in an effort to clarify G.17-5 does not resolve the overarching confusion of G.17-5 itself. Therefore, the PJC does not recommend adoption of the interpretation presented by the NLT. Instead, the PJC recommends amendments to the Book of Order as indicated in its decision that follows.

PJC Decision 23-04, ON MOTION: Recommendation 4: The PJC recommends that the 43rd General Assembly of the EPC decline the interpretation of G.17-5 offered by the NLT. Instead, the PJC recommends that the Assembly amend the Book of Order as follows:

• Strike G.17-5 in its entirety;
• Amend G.6-8D by deleting this parenthetical comment: (“or if Deacons have not been given the responsibility of property”);
[The provision currently states: If a local church does not elect Trustees (or if Deacons have not been given the responsibility of property), the Session, or a designated portion of the court, shall serve as the Trustees of the local church.]
• Amend G.18-3H by substituting this language: to determine and oversee the finances of the local church, including its budget and benevolence objectives.
[The provision currently states: To determine the budget of the church and the benevolence objectives of the congregation]

This decision is unanimous.

Appendix A

Appendix B

Appendix C

Appendix D

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RECOMMENDATIONS (DETAILED)

RECOMMENDATION 43-04

The Permanent Judicial Commission recommends that the 43rd General Assembly accept the recommendation of the National Leadership Team to amend the Rules of Assembly to form a Permanent Committee on Disaster Relief, as edited by the PJC in section X.10-1J.2a, as follows:

X.10-1J Committee on Disaster Relief

See PJC Decision 23-04 and Appendix C in Work of the Committee for additional details.

RECOMMENDATION 43-13

The Permanent Judicial Commission recommends that the 43rd General Assembly decline the interpretation of Book of Government 17-5 offered by the National Leadership Team. Instead, the PJC recommends that the Assembly amend the Book of Order as follows:

See PJC Decision 23-05 and Appendix D in Work of the Committee for additional details.

RECOMMENDATION 43-14

The Permanent Judicial Commission recommends that the 43rd General Assembly approve the proposal of the National Leadership Team, as modified by the PJC, to amend Book of Discipline (BOD) 1-1, Definition of Church Discipline, by adding the following as a third paragraph:

“Church discipline does not supersede or negate the legal responsibility to report cases of suspected abuse to civil authorities according to local and state requirements.”

See PJC Decision 23-01 in Work of the Committee for additional details.

RECOMMENDATION 43-16

The Permanent Judicial Commission recommends that the 43rd General Assembly accept the proposed amendments from the Chaplains Work and Care Committee, as edited by the PJC, as follows:

See PJC Decision 23-03 and Appendix B in Work of the Committee for additional details.

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