Memorial #4

On the Adjudication of Misconduct Complaints

WHEREAS, The care of the flock is the charge of Christ to his church;

WHEREAS, The integrity of the church's ministry is critical to its mission;

WHEREAS, Those called to shepherd the flock are accountable to the body for the conduct

of their office;

WHEREAS, Misconduct by ministers of Christ is a sin against both the human victim and

Christ himself; 

WHEREAS, Processes for discipline are a necessary ordering of the life of the church;

WHEREAS, The process of discipline within the church seeks to serve God's people by

seeking the truth in love;

WHEREAS, The discipline of the church should seek not only to cleanse the church by acts 

of admonition, censure, suspension removal and the like but also by the finding of 

fact rendered by committee impaneled for this purpose;

WHEREAS, Due process provides that an accused has the right to face his/her accuser, it

should also provide for the complainant the opportunity for a completed process, 

regardless of any actions taken by the accused, such as resignation;

WHEREAS, In order to protect the record it is essential that witness testimony be obtained

at the time charges are file, therefore be it

RESOLVED, That the Metropolitan New York Synod in Assembly memorialize the

2003 ELCA Churchwide Assembly to charge those who shape and direct the

policies, procedures and protocols governing the processing of allegations of

misconduct to require that once formal charges are filed by a bishop and

notice has been transmitted to the accused, the discipline process must be

followed out to its conclusion, that is, the "finding of fact" portion of the

discipline process whether or not the accused is serving or has resigned from

the ELCA roster; and be it further

RESOLVED, That for those rostered leaders who resign prior to a finding of fact, the

right to appear before a discipline panel and give testimony shall not be abridged

and that failure to appear or answer a charge shall not in itself be construed to 

imply guilt or shall such a failure to appear be held to prevent or limit the

discipline panel form coming to a finding of fact based on the testimony

presented before it.