Significant revision of the Book of Order proposed to this General Assembly

By Carol Shanholtzer

This year three very significant types of business related to revisions of the "Form of Government" portion of the Book of Order will be presented to the General Assembly (GA). The proposed revisions concentrate power in presbyteries and would have other seriously negative consequences for our denomination. The items of business are:
1. Request to authorize appointment of a Task Force to draft a new, radically-different "Form of Government" section to replace the 18 chapters which comprise the current "G" section of the Book of Order.
2. Request for approval to send to the presbyteries for their vote a complete rewrite of Chapter 14 "Ordination, Certification and Commissioning," that has been completed.
3. Request for approval of the "A" group of amendments that make changes in other chapters of the Form of Government that parallel the changes in the rewrite of Chapter 14 plus six proposed amendments in the "B" group amendments. These include moving constitutional questions for officers out of the Form of Government and into the Directory for Worship, and authorizing presbyteries to allow associate pastors and interim pastors to become the next permanent pastor.

If adopted, the proposed changes will have a critical and negative impact on our denominational life.

Problems with authorizing creation of a Task Force to rewrite
an "entirely different kind of Form of Government"

In the "rationale" for this proposal to rewrite the Form of Government, the Office of the General Assembly describes consultations with various groups who requested "dramatic" changes in the Form of Government. The proposal to authorize creation of a task force to write an Aentirely different kind of Form of Government@Cin our current climate of unrestCraises a number of serious concerns.

1. What would happen to ordination requirements? The proposal specifies that G-6.0106b ("fidelity and chastity") and G-8.0201 (all property held for the use and benefit of the Presbyterian Church [USA]) would be excluded from the revision process since overtures proposing changes to both paragraphs are before this assembly. Although the G-6.0106b paragraph related to ordination is critically important, other wording equally vital to ordination standards would not be protected. Section G-6.0108, for example--the subject of the PUP Task Force's proposed authoritative interpretation--contains these requirements:

"It is necessary to the integrity and health of the church that persons who serve in it as officers shall adhere to the essentials of the Reformed faith and polity as expressed in The Book of Confessions and the Form of Government . . . It is to be recognized, however, that in becoming a candidate or officer of the Presbyterian Church (USA) one chooses to exercise freedom of conscience within certain bounds. His or her conscience is captive to the Word of God as interpreted in the standards of the church so long as he or she continues to seek or hold office in that body. The decision as to whether a person has departed from essentials of Reformed faith and polity is made initially by the individual concerned but ultimately becomes the responsibility of the governing body in which he or she serves."

To believe that ordination standards would remain intact if a minimalist Form of Government were to be adopted requires a degree of trust that clearly is lacking in our denomination as it faces relentless attacks on those standards.

2. What would happen to previous "authoritative interpretations" on other topics, such as per capita, when the constitutional document has been replaced? Per capita payments have been authoritatively interpreted to be a voluntary contribution to the work of higher governing bodies. Would the powers of sessions be expressed in the same way in a dramatically different Form of Government? Would the previous "authoritative interpretation" by the GA Permanent Judicial commission stand? The answers to those questions cannot be known.

3. The proposal emphasizes the presbytery as the "central governmental unit" and instructs the task force that the new "Form of Government shall provide sufficient authority and flexibility to allow the presbytery to assist congregations in addressing the changing cultural, economic, and societal challenges in our new millennial world." A sentence was added to G-9.0103 several years ago stating that powers not specifically granted to other governing bodies are given to presbyteries. When that amendment was considered, it was presented as a simple housekeeping matter. That sentence is now being used as a basis for concentrating powers in presbyteries. Presbyterians do not want presbyteries to have "authority" to tell congregations what their mission is or how they should accomplish it! The current Form of Government states that "The session is responsible for the mission and government of the particular church" (G-10.0102).

4. The proposal states that the Task Force to draft the new Form of Government shall be guided by the principles proposed by recommendations 1 - 4 from the Theological Task Force on Peace, Unity and Purity of the Church (PUP). The instructions to the task force to write the new Form of Government further mandate: "They shall incorporate this new Presbyterian ethos into the Form of Government so that it truly functions as the Presbyterian Church (U.S.A.)'s guidebook for mission." The proposal anticipates a "new Presbyterian ethos@" before the General Assembly's action on the PUP Report.

5. The PUP recommendations specified to guide the rewriting include "urge those who plan and moderate meetings of other governing bodies, to explore the use of alternative forms of discernment and decision-making as a complement to parliamentary procedure, especially in dealing with potentially divisive issues" (recommendation 4). Consensus decision-making has not proven helpful in resolving disagreements. Parliamentary procedure was formulated to provide a process to deal effectively with conflicting ideas and allow the majority to prevail while protecting minority rights. It is the process specified in the current Form of Government (G-7.0302, G-9.0302).

The recently introduced "consensus decision making" encouraged by this PUP recommendation has been used in some GA committees in the past. It places pressure on participants to conform to the climate created in the group. It emphasizes persons and feelings rather than creating a fair and safe forum for a contest of ideas. Consensus decision making forces a member to break the unity of the body in order to disagree. This is especially intimidating and emotionally charged when dealing with divisive issues and can effectively allow a persistent minority to determine the outcome instead of the majority.

It cannot be known how the issues raised above would be resolved. That is exactly the problem. The meaning of the new Form of Government would be determined by authoritative interpretations by future GAs and GA Permanent Judicial Commissions. How many Americans would be willing to take the risk of having a replacement proposed for the United States constitution? The identical danger occurs with a proposed rewrite of the Presbyterian Church
(USA) Form of Government. We already have a Form of Government. It may be imperfect, but its meaning is known and the protections and powers it affords to individuals and to governing bodies at each level are clear. Proposing a completely new Form of Government is to invite chaos into a situation already characterized by conflict and lack of trust.

Problems with the rewrite of Chapter 14

A proposed replacement for the entire G-14 chapter ("Ordination, Certification and Commissioning") has been completed. The GA is asked to approve sending this amendment of the constitution to the presbyteries for their vote. The "rationale" provided states the intent to make Chapter 14 "shorter and more flexible in favor of presbyteries."

The "response to referral" which accompanies the rewritten Chapter 14 states that the rewriting "does not intend to introduce new or different provisions or practice." However, this objective was not achieved, since numerous significant changes were incorporated into the proposed wording. Substantive changes remain buried in this long document, making it difficult to see what the changes are and judge what effect they will have. The proposed changes ought to be considered as separate amendments that can be fully evaluated and judged on their individual merits. Some of the significant changes incorporated into the rewrite of Chapter 14 include:

(1) Blurring of the distinctions between officers. Although the significance of "ordination" to our offices of Deacon, Elder, and Minister of the Word and Sacrament is emphasized in the current Chapter 14, the proposed revision completely reorganizes the material, beginning with paragraphs describing "ordained ministry," "certified ministry," and "commissioned ministry" as though they are of parallel significance in our polity (compare the three paragraphs in the current G-14.0100 with the four paragraphs in the proposed G-14.0100). The revision then intersperses Certified Christian Educator information and commissioned Lay Pastor information in with the Deacon, Elder, and Minister of the Word and Sacrament information. This blurs the distinction between officers (Deacons, Elders, and Ministers of the Word and Sacrament) and specialized church workers.

(2) Changes status of Christian Educators. The proposed revision gives Certified Christian Educators a status parallel to Minister of the Word and Sacrament by adding the "constitutional questions" for Certified Christian Educators and constructing the final question to match most of the wording used in the final question for Minister of the Word and Sacrament (see proposed
G-14.0330).

(3) Allows presbytery pre-emptive authority in dissolving pastoral relationships. Although the current Chapter 14 of the Book of Order specifies that either the pastor or the congregation must initiate a request for dissolution of a pastoral relationship (current G-14.0501b), the proposed Chapter 14 revision allows the presbytery to "take pre-emptive action" (wording used in rationale for amendment B6) to dissolve a pastoral relationship without a request from the pastor or from the congregation. The wording in the proposed rewrite as G-14.0511 is:

"The call approved by the presbytery cannot be changed or dissolved except by consent of the presbytery, at the request of the pastor or associate pastor, at the request of the church by action of the congregation or when the presbytery, after consultation with the minister and the congregation, finds that the church's mission under the Word imperatively demands it."

Although the current Form of Government does specify in G-11.0103 that the presbytery has power "to establish the pastoral relationship and to dissolve it at the request of one or both of the parties, or when it finds that the church's mission under the Word imperatively demands it," that concept is not found in the current chapter G-14 where dissolution of pastoral relationships is discussed.
Apparently the authors of the Chapter 14 rewrite found it extremely important to clearly establish this third path to dissolution because they also added as the proposed G-14.0613:

"The presbytery, through its committee on ministry or an administrative commission, may inquire into reported difficulties in a congregation and may dissolve the pastoral relationship if, after consultation with the minister, the session, and the congregation (G-7.0304a(3)), it finds the church's mission under the Word imperatively demands it."

What congregation does not have "difficulties"? Besides those two references to be added as a part of the G-14 rewrite (new G-14.0511 and new G-14.0613), the separate amendment B6 adds yet another sentence at the end of the proposed G-14.0613 paragraph: "The relationship may be dissolved if the presbytery determines that the pastoral/congregational match is incompatible." These provisions would certainly be seen as a threat to congregations and pastors that if they are out of step with the presbytery, their pastoral relationship could be in danger.

(4) Creation of "advisory handbooks." The proposed revision creates "advisory handbooks" to be developed by General Assembly agencies in consultation with the Office of the General Assembly. It removes most of the Inquiry process, Candidacy process, and oversight of the work of ministry from the Book of Order, placing them in "advisory handbooks." Although the "advisory handbooks" are not binding on the presbyteries, the problem is that once material has been removed from the Book of Order and placed in the advisory handbooks, approval by the General Assembly and a majority of presbyteries would no longer be needed to change the requirements.

Presbyteries would be authorized to develop their own requirements and national unity would be lost, because we would end up with conflicting policies across the judicatories. A Form of Government with minimal content would leave a vacuum that would be filled, but the majority of the GA and the majority of the presbyteries would not be able to determine how it is filled, as they do now, since critical content would no longer be a part of the constitution.

(5) Pastoral relationships changed. The proposed revision changes the categories of pastoral relationships, allows new categories to be created to fit individual circumstances (proposed G-14.0550), and changes the wording describing procedures by which these relationships are established. For Associate Pastor, the revision removes the sentence, "The call to an associate pastor shall specify the particular functions to be fulfilled," but retains the sentence, "An associate pastor shall be directed in his or her work by the pastor in consultation with the session" (see proposed G-14.0513).

Problems with the other amendments

The "A2" and "A3" groups of amendments add changes to other chapters of the Form of Government that parallel the changes in the proposed rewrite of Chapter G-14. Materials provided by the Office of the General Assembly state, "If amendment A1 [rewrite of chapter 14] is approved, the following amendments shall be approved." The three "A2a" amendments deal with "advisory handbooks." Amendment A2a(1) adds a definition of "advisory handbooks" to the Preface of the Book of Order. Amendment A2a(2) adds a paragraph about "advisory handbooks" to G-9. Amendment A2a(3) adds a paragraph on "advisory handbooks" to G-11.

Amendment A2b moves the section dealing with dissolution of relationship and renunciation of jurisdiction for deacons, elders, and Ministers of the Word and Sacrament from G-14 to G-6, but retains the current wording. Amendment A2c moves release from exercise of ordained office and restoration from G-11 and G-14 to G-6. The wording is less specific than the current Form of Government and makes restoration to ordained office much easier (dropping the requirement to reaffirm ordination vows and resume a ministry that qualifies for membership in the presbytery). Amendment A2d moves the section on employing ministers of other churches from G-14 to G-11, but retains the current wording. Amendment A2e removes information on validated ministry from G-14 and places reworded information in G-11.

Amendment B1 would move all of the ordination and installation service information and the constitutional questions for officers out of the Form of Government section of the Book of Order and place them in the Directory for Worship. This was defeated previously and should be defeated again. Moving the constitutional questions to the Directory for Worship makes the questions appear to only be part of the liturgy to be used in a service of ordination and installation. The questions belong in the Form of Government to emphasize their importance as containing defining beliefs with which all officers must agree.

Amendment B2 would insert a section into G-14 which would allow a presbytery to grant to a candidate who had completed all requirements for ordination except the exams, a "license to preach" and a "limited license to administer the sacraments." It is not appropriate for the sacraments to be administered by persons who are not ordained. Since a Minister of the Word and Sacrament would be assigned to the licensed person as a mentor and supervisor, that Minister of the Word and Sacrament would be the appropriate person to administer the sacraments for that congregation.

Commissioned Lay Pastors (who are required to be elders and therefore are ordained officers) can already be authorized to administer the sacraments and could provide another option for administering the sacraments in a small church without a pastor. Permitting presbyteries to grant such licenses would allow the functions of Minister of the Word and Sacrament to be performed by persons who may not meet the standards for ordination as a church officer, and could be abused as a way to circumvent those requirements.

Amendment B3 would remove the need for synod approval from the alternative process created by a presbytery for a candidate who had failed one or more ordination exams twice. Although initially this seems innocuous, it is another example of presbyteries being granted expanded powers. The justification that "Synods often simply approve such processes without careful scrutiny" is a poor justification. Our polity wisely provides for higher governing body review and approval to ensure that standards are upheld and that requirements are similar between presbyteries.

Amendment B4 would allow an associate pastor to be eligible to be the next installed pastor or co-pastor with a 2/3 affirmative vote of presbytery. Amendment B5 would allow an interim pastor, interim co-pastor, or interim associate pastor to become the next permanent or designated pastor by a 2/3 vote of presbytery. Allowing the possibility of becoming the next pastor would place both associate pastors and interim pastors in the awkward position of being torn between doing their best work in their current call or positioning themselves to fill the permanent pastor position. This is yet another means of strengthening the autonomy of presbyteries. It would destroy national unity, create confusion, and would be extremely unwise.

Amendment B6 strengthens the option for "pre-emptive action" by a presbytery to dissolve a pastoral relationship without a request from the pastor or from the congregation. It would add the sentence "The relationship may be dissolved if the presbytery determines that the pastoral/congregational match is incompatible" to the newly-created paragraph in Chapter 14. This would create presbytery-initiated dissolutions when neither the pastor nor the congregation has requested an end to the relationship.

While there are some portions of the Book of Order that could be more carefully crafted, no document is perfect. The Form of Government in its present state is very usable. Pastors and Presbyterians are familiar with the constitution as it exists and there is a long history of authoritative interpretations by the General Assembly and the GA Permanent Judicial Commission interpreting the meaning of the current constitution. Expanded powers of the presbytery, woven throughout the proposed changes and paired with the proposed amendments to G-14, strengthen the power of a presbytery. Giving presbyteries power to "pre-emptively" dissolve a pastoral relationship when neither the pastor nor the congregation had requested it raises the possibility for chilling scenarios.

For example, if a session does not pay per capita, would that congregation receive "assistance" in the form of re-education from the presbytery with "authority" over its mission? If the session chooses to support primarily non-Presbyterian Church (USA) missionaries, would that congregation need "assistance" in the form of re-education from the presbytery? If the presbytery did not succeed in re-educating the session to conform to the presbytery's perspective, would those actions result in the presbytery determining that the relationship between the pastor and that congregation needs to be dissolved?

No one can know what the effect of the changes would be, and that is precisely the problem. To authorize the radical changes which are placed before this General Assembly would only serve to upset the peace and unity of the church and would be a significant and needless distraction from the work of ministry so desperately needed in our congregations and our culture. All of the proposed items of business related to amending the Form of Government should be disapproved.

Carol Shanholtzer is an elder at Faith Presbyterian Church in Minnetonka, Minnesota

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