Policies of the Presbytery of Northern New York

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BYLAWS OF THE PRESBYTERY OF NORTHERN NEW YORK

CHAPTER I
GENERAL PRINCIPLES
The mission of the Presbytery of Northern New York is to witness, with love, to Jesus Christ in word and deed. The Presbytery is called to inspire and support the growth of leaders and congregations in their ministry and mission for Christ. The mission of the Presbytery is informed by the mission of its congregations.
The Presbytery of Northern New York, organized on January 16, 1965, is the organizational unit and the seat of original authority in the Presbyterian Church (U.S.A.), hereafter known as PC (USA), realized by the convocation of all the ministers, and elders representing churches and ministries within the counties of St. Lawrence, Franklin, Clinton, Jefferson, and Essex within the State of New York.
The Presbytery is governed primarily by applicable portions of the Constitution of the Presbyterian Church (U.S.A.) and the most recent edition of Robert's Rules of Order, and secondarily by the Standing Rules as most recently amended.
The responsibilities of the Presbytery are specified in Book of Order G-11.0103

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In order to assure the on-going continuing education of its pastors, the Presbytery of Northern New York shall not approve a call for pastoral services which does not provide for two weeks continuing education leave with pay per year, optionally cumulative up to three years.

Click to read Continuing Education for Ministers policy.

SABBATICAL LEAVE POLICY


Often on completion of a number of years of ministry and service, clergy and/or senior Presbytery staff members need time to refocus their vision, update professional skills and find renewal of the sense of call. Just as the Sabbath day is a gift from God during a busy week of work, so the greater gift of a Sabbatical Leave can offer valuable refreshment and rejuvenation for those who labor continuously for God's people.
PURPOSE

The purpose of a Sabbatical Leave within the Presbytery of Northern New York is to allow adequate time away from normal job responsibilities for personal and professional growth, spiritual renewal and a revitalization of vision and hope. The Leave should offer a time of refreshment for the benefit of both the participant in the Leave and his or her staff and/or congregation. It would also be appropriate for the Presbytery to consider how the sabbatical time would be an opportunity for its own growth and renewal.
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PRESBYTERY OF NORTHERN NEW YORK
COMMITTEE ON PRESBYTERY OPERATIONS
SEXUAL MISCONDUCT POLICY
AND ITS PROCEDURES
February 1997
I. PREAMBLE
So God created humankind in his image,
in the image of God he created them;
male and female he created them.
Genesis 1:27 (NRSV)
* * * *
So Jesus called [his disciples] and said to them,
"You know that among the Gentiles
those whom they recognize as their rulers
lord it over them,
and their great ones are tyrants over them.
But it is not so among you;
but whoever wishes to become great among you
must be your servant,
and whoever wishes to be first among you
must be slave of all.
For the Son of Man came not to be served
but to serve,
and give his life a ransom for many."
Mark 10:42-45 (NRSV)
We, the members of the Presbytery of Northern New York, Presbyterian Church (U.S.A.),
believe and proclaim that all human beings are created by God in God's image. Therefore every
person - child, woman and man - has worth and dignity in the eyes of God. This God given worth
and dignity should be recognized and respected in all human relationships and especially in those
relationships involving persons who have been entrusted with positions of leadership and authority
within God's church and those over whom they exercise this leadership and authority. To make use
of power and authority vested in one by virtue of the church office to which one has been called for
any purpose other than to serve those who have been entrusted to one's care is an abuse of power,
a betrayal of trust and a denial of the other's inherent worth and dignity. Sexual misconduct is just
such an abuse of power, betrayal of trust and denial of worth and dignity and must not be tolerated.
In this belief, we enact the following policy on sexual misconduct in order that allegations
of sexual misconduct may be treated with all the seriousness they deserve and dealt with promptly,
justly and with compassion to all parties effected by such allegations.
II. Policy Statement
It is the policy of the Presbytery of Northern New York, Presbyterian Church (U.S.A.) that
all ministers of the Word and Sacraments, church officers, church members, non-member
employees, and volunteers of governing bodies and entities of the presbytery, are responsible for
maintaining the integrity of pastoral, ministerial, employment, and professional relationships at all
times. Sexual misconduct is always a violation of such relationships and of the principles set forth
in scripture. It is never permissible or acceptable.
This policy applies to all ministers of the Word and Sacraments, church officers, church
members, non-member employees, and volunteers of governing bodies and entities of the
presbytery.
It is the responsibility of the Presbytery of Northern New York to respond in a timely and
competent manner to any allegation of sexual misconduct involving someone over whom the
presbytery has jurisdiction. (Book of Order D-5.0100c.e.., D-12.0000) Attempts to obfuscate,
dismiss, cover up and/or prevent filing of reports of alleged sexual misconduct can, in and of itself,
result in disciplinary action under the Rule of Discipline.
Reports of sexual misconduct should never be taken lightly or disregarded and allowed to
circulate without concern for the integrity and reputation of the accuser, the accused and of the
Church. Reports should be dealt with as matters of highest confidentiality both before and after they
have been submitted to appropriate authorities.
Reprisals as a result of reporting allegations are not to be tolerated and, should such occur,
could lead to disciplinary process.
In this policy, Sexual Misconduct is the inclusive term which encompasses:
1. CHILD SEXUAL ABUSE: This term includes, but is not limited to, any sexual
contact or interaction between an adult and a child. The behavior may or may not
include touching. Sexual behavior between a child and an adult is always considered
forced whether or not consented to by the child. Under the laws of New York State
child abuse must be reported to the civil authorities.
2. RAPE OR SEXUAL CONTACT BY FORCE, THREAT, OR INTIMIDATION.
3. SEXUAL MALFEASANCE: This term pertains to the broken trust resulting from
sexual contact (e.g. genital contact, contact with the breasts or buttocks, sexual
intercourse) involving persons in positions of trust with persons entrusted to their care.
4. SEXUAL HARASSMENT: This involves an abuse of power which may occur in the
workplace or in an environment in which authority is a factor. It is defined as
unwelcome behavior that ridicules, demeans and/or insults a person because of the
person's sex.
5. SEXUAL IMPROPRIETY: This term pertains to sexual behavior involving persons
in positions of trust toward persons entrusted to their care which continues after it has
been made clear that the behavior is inappropriate or unwelcome. Such behavior may
be verbal or physical conduct of an inappropriate sexual nature.
III. Definitions
1. CHURCH with a capital C refers to the Presbyterian Church (U.S.A.). When not
capitalized it refers to local churches. The word congregation is used loosely for
members and participants.
2. EMPLOYEE is the comprehensive terms used to cover individuals who are hired or
called to work for salary or wages for the Church, a governing body, a particular
congregation, or other entity formally related to the Church. In all cases where an
employee is also a member of Presbytery, the procedures to be followed in all matters
involving provisions of this policy will be those provided for a member of Presbytery.
3. ENTITY refers to any program or office managed by a board, committee, council or
other body whose membership is elected by a governing body.
4. GOVERNING BODY is a representative body composed of elders and ministers of
Word and Sacrament, i.e. sessions and the Presbytery. A governing body may establish
entities such as day care centers, camps, etc., and may have both church members and
non-members as employees.
5. VOLUNTEER refers to those who provide services for governing bodies and entities
of the Church and receive no benefits or remuneration. Volunteers include persons
elected or appointed to serve on boards, committees, and other groups. For purposes
of this policy, volunteers are treated the same as employees.
IV. Response to Allegations
(Note: If at any point in the following procedures, a criminal or civil charge is brought in
the matter, the Presbytery's judicial process may need to be temporarily suspended.) (B.
O. D-7.1100)
A. Principles
The Presbytery of Northern New York, its churches and entities, shall observe the following
principles when responding to allegations of sexual misconduct within their areas of responsibility:
It is a principle of the Presbytery of Northern New York that:
1. Within the context of attempting to establish justice, the protection of all persons
involved will be assured and healing within any affected community will be promoted;
2. Within the requirements of civil law, privacy of all persons will be respected and all
communications kept confidential;
3. Access to the disciplinary processes of the Presbyterian Church (U.S A.) and the
Presbytery of Northern New York will be provided when appropriate;
4. Within the context of pastoral care, all persons directly affected by allegations of
sexual misconduct will be provided with information concerning available therapeutic,
legal and/or counseling assistance.
B. Initial Reports
A report shall consist of a written statement signed by one or more persons alleging one or
more specific incidents of sexual misconduct along with any available supporting information.
Reports of sexual misconduct may arise in a variety of ways. Because an individual church or
the Presbytery cannot control to whom an accuser of sexual misconduct will first speak, it is
important that all church leaders and employees understand how reports of incidents are to be
channeled to the proper persons.
The Presbytery shall ordinarily designate the Stated Clerk and the Chair of the Committee
on Ministry as a Report Receiving Team. If, for any reason, either of these persons is unable to
serve at the time the report is received or if an allegation involves either of these persons, the Chair
of the Committee on Presbytery Operations shall serve instead. All reports alleging sexual
misconduct shall be submitted to either or both of these persons either directly or through a pastor
or through one or more members of a congregation appointed by the session to serve as contact
persons.
Upon receipt of a report of alleged sexual misconduct the Report Receiving Team shall:
1. Make sure that any civil or governmental laws or regulations covering the matter
have been followed (particularly in cases of alleged child sexual abuse);
2. Initiate appropriate procedures under sections E and F below of this policy;
3. Where appropriate, appoint a Pastoral Care Team to serve in the case;
4. Prepare and place in the confidential files of the Presbytery a full report on the matter.
This report shall be retained in the confidential files of the Presbytery for one (1) year
after which time the Presbytery will destroy the report.
C. Pastoral Care Teams
A Pastoral Care Team shall consist of four or more members drawn from the pool established
in Presbytery Standing Rules (7.560). Care shall be taken to ensure that this pool includes
individuals with special concern for and sensitivity to sexual misconduct issues. A pastoral care
team shall have an equal number of women and men. Each Pastoral Care Team shall have a chair
appointed by the Report Receiving Team.
A Pastoral Care Team shall respond within 7 days to any allegation of sexual misconduct.
Its function is to offer and make available pastoral care to all parties concerned. This includes the
affected congregation(s). In providing care to affected congregations, the Pastoral Care Team shall
work closely with the Committee on Ministry and any other entities the Presbytery may designate
to promote healing within the congregation(s). A Pastoral Care Team shall have no investigative
functions and shall not function as a Investigating Committee. Members of the Pastoral Care Team
cannot serve on the Investigating Committee appointed to investigate the incidents alleged.
D. Pastoral Care Team Procedures
The steps to be followed when a Pastoral Care Team first meets with any of the parties
affected by the allegations of sexual misconduct shall be to:
a. Notify them of the fact and the nature of the allegation(s);
b. Advise them concerning the processes and policies of the Church and the Presbytery
of Northern New York;
c. Advise them of where to seek therapeutic, legal and/or counseling assistance and/or
pastoral support;
d. Listen to any response.
The content and procedures of any subsequent meetings that may occur is to be determined by the
needs of the party or parties concerned.
Within the requirements of civil law, all communications, formal and informal, between any
of the parties affected by the alleged misconduct and members of the Pastoral Care Team, shall be
regarded as privileged information and cannot be subpoenaed by any investigative entity of the
Presbytery.
E. Procedures for Disciplinary Cases
When an accusation involving an alleged offense of sexual misconduct is brought against
any person under the jurisdiction of the Presbytery as a result of this policy, a disciplinary case shall
be initiated which shall be handled as stipulated by the Rule of Discipline. What follows is a
simplified outline and should not be used in place of the Book of Order where these procedures are
covered in sections D-7.000, D-8.000, D-9.000 and D-10.000.
1. A written statement alleging at least one offense along with any supporting information is
submitted to the Stated Clerk.
2. The Stated Clerk reports to the Presbytery that such a statement has been submitted and therefore
it is necessary to elect an Investigating Committee.
3. The Investigating Committee inquires into the alleged offense and determines if charges should
be filed.
4. If charges are filed, the Investigating Committee prosecutes the case.
5. The charge is submitted in writing to the Stated Clerk who forwards it to the clerk of the
Permanent Judicial Commission of the Presbytery.
6. The Permanent Judicial Commission conducts a preliminary hearing.
7. The trial is conducted by the Permanent Judicial Commission.
F. Principles for Administrative Leave
In all cases where a report of sexual misconduct has been submitted and a disciplinary case
initiated against a member of Presbytery, the Committee on Ministry shall meet with the session(s)
of the affected churches(es), the accused and the accuser(s), either separately or together as
appropriate, to determine whether the continuation of the accused in her/his current position(s)
within he Presbytery is in the best interests of the parties affected by the alleged sexual misconduct.
If it is determined that it is not in the best interests of the affected parties that the accused continue,
the Committee on Ministry shall seek to place the accused on administrative leave, the terms of such
leave to be negotiated by the Committee on Ministry with the accused, the session(s) and other
affected parties as appropriate. Such administrative leave shall not affect the terms of call in effect
at the time until the case is resolved.
In all cases where a report of sexual misconduct has been submitted and a disciplinary case
initiated against an employee of Presbytery, the committee having responsibility for personnel and
personnel relations shall meet with the employee, the employee’s supervisor, the accuser(s), and any
other affected parties, separately or together as appropriate, to determine whether it is in the best
interests of the parties affected by the alleged sexual misconduct for the employee to continue in
her/his current position with the Presbytery. If it is determined that it is not in the best interests of
the affected parties for the employee to continue, the committee shall place the employee on
temporary administrative leave the terms of such leave to be negotiated by the committee in
consultation with the accused, the employee’s supervisor, the accuser(s) and any other affected
parties as appropriate.
All administrative leaves resulting from allegations of sexual misconduct shall be without
prejudice.
All administrative leaves resulting from the implementation of this policy ordinarily shall
continue until such time as the Investigating Committee recommends no further action or, if the
Investigating Committee files charges, until the Permanent Judicial Commission of the Presbytery
has ruled on the case. Unless the Investigating Committee has filed charges, no administrative leave
resulting from the implementation of this policy shall extend beyond one (1) year of the formation
of the Investigating Committee (D-10.0401).
V. PROCEDURES FOR AMENDING THIS POLICY
This policy may be amended by a simple majority vote of the Presbytery at any stated
meeting provided notification of the intended change(s) was included in the regular mailing sent to
the members of Presbytery prior to the meeting.
November 1997

Because potentially difficult situations can arrive involving the relationship of a minister to his/ her former congregation, the Committee on Ministry of the Presbytery of Northern New York has adopted this policy to assist pastors and congregations going through this important, life changing, transition. The tenacity with which the policy guidelines must be followed becomes more paramount the closer the former pastor lives to the church and community from which he/she has retired or resigned

Click to read this policy concerning the relationships of ministers to their former congregations.

TO: Sessions Seeking Permission to sell, purchase, encumber or lease real property

FROM: Pieter A. Visscher, Stated Clerk

RE: Requirements and Considerations

STEPS REQUIRED:

1. The Session decides it would be a good idea to buy, sell, or mortgage, and it calls a meeting of the congregation for its approval.

2. If the congregation approves, the trustees (which may be the Session in many cases) is charged with carrying out the wishes of the congregation. [G-7.0402]

3. Presbytery must approve in writing the sale, mortgage, or other encumbrance of its real property or acquisition of real property subject to an encumbrance or condition. The presbytery must approve the lease of property used for worship, or the lease of any other property leased for a period of more than five years. [G-8.0501- 8.0502].

Download the entire memo.
Download form for the Mortgage, Sale, Lease or Other Encumbrance of Real Property

When One Congregations Hosts Another in its Building:
A Policy of the Presbytery of Northern New York

The Committee on Ministry will work with representatives of the host congregation’s session and representatives from the appropriate governing authority of the “nesting” congregation to establish a written agreement which must be approved by both bodies, reviewed by the Committee on Ministry and the Board of Trustees, and be approved by the Presbytery of Northern New York. The agreement must be renewed annually for the relationship to continue.

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Full Time Presbytery Office Staff Covered Under the Benefits Plan of the PC(USA) by the Presbytery of Northern New York
The Presbytery of Northern New York shall provide disability benefits to its staff members who are covered under the Benefits Plan of the of the Presbyterian Church (USA), supplemental to the coverage provided by the Board of Pensions, on the following basis: Read more.