Guidelines for Dealing with Appeals
Guidelines for Dealing with Appeals
1. Right of Appealβ€π
βIf anyone complains that he has been wronged by the decision of a minor assembly, he shall have the right to appeal to the major assembly; and whatever may be agreed upon by majority vote shall be considered settled and binding, unless it is proven to be in conflict with the Word of God or with the Church Orderβ (Art 31 CO).
2. Submitting an Appealββ€π
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When a member of one of the churches appeals to Classis according to Art. 31 CO, he must submit this appeal to the convening church of the next Classis at least eight weeks before the convening of Classis.
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The convening church shall place the appeal on the agenda.
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The convening church shall give a copy of the appeal to the Committee for Appeals appointed by Classis.
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An appeal has to contain at least the following elements:
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A rendition of the decision(s) of the consistory/council that has given rise to the appeal.
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The objection(s) raised by the appellant and the response of the consistory/council to these objections.
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An explanation of the objections of the appellant, with grounds and (if applicable) with evidence.
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A clear statement of what the appellant requests Classis to do.
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If the appeal does not meet these requirements, the appellant will have the opportunity to revise his appeal before a deadline set by the Committee.
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3. The Committeeββ€π
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The Committee for Appeals consists of three members, appointed by Classis. The Classis which appoints this Committee shall also appoint three alternate members. The Committee will be appointed at the September Classis and will have to be members in good standing in the churches of Classis. Each church can nominate a brother deemed suitable for this task. A brother may serve up to a maximum of four consecutive years. Classis will appoint one of the members as the convener.
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If one or more of the members has dealt with the matter being appealed or is related to the appellant, the alternate shall take his place.
4. Task of the Committeeββ€π
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The Committee will make a recommendation to Classis regarding admissibility. An appeal is inadmissible if:
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The matter is not finished in the minor assembly (CO 30)
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The appellant has not notified his consistory of his appeal to Classis.
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It has been submitted less than eight weeks before the convening of Classis, unless there are good reasons as to why this requirement could not be met. Classis will judge these reasons
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The appellant is no longer a member of a Canadian Reformed Church or one of its sister churches, unless the appeal deals with the reason why the appellant is no longer a member and the judgement of Classis is important for his reconciliation to the congregation.
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The task of the Committee is to ensure that all relevant materials are available for Classis. Appellant and consistory shall provide the Committee with materials necessary for Classis to come to a proper judgement. The Committee may discuss orally the material of the appeal with the appellant and the consistory/council. This is not done to make a judgement, but to ensure Classis has all the relevant information for dealing with the appeal. In communicating with the Committee, both consistory/council and appellants have the right to ask the assistance of a third party. The Committee shall give to both parties and to Classis a written report of their oral discussions.
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The Committee will inform both parties of the documents that will be presented to Classis.
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If the Committee is not able to complete its work in time before the next Classis, it will notify Classis via the convening church. Classis will then set a date in which it will reconvene to deal with the appeal.
4. Classisββ€π
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Classis must judge the recommendation of the Committee regarding admissibility.
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When Classis discusses the appeal two Committee members shall be present to give further information if so requested by Classis.
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Classis must make its decision based on the information presented by the Committee. Delegates from the Church involved in the appeal should normally refrain from addressing the issue. During Classis no new information shall be introduced.
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The decision of Classis must contain the following elements:
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A rendition of the decision(s) or action(s) of the consistory/council that has given rise to the appeal.
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A summary of the objection by the appellant.
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A summary of the answer of the consistory to these objections.
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Precisely formulated considerations on which the decision of Classis rests.
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A clear judgement on the appeal.
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If necessary a possible application of the decision for the parties involved.
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If applicable further suggestions as to how restoration of justice and peace can be obtained.
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