10 Aug GS 1992 art 120
GS 1992 ARTICLE 120 – Appeal of Br. G. Kruyswijk
Committee III presents: Agenda item VIII D15
I. MATERIAL
Letter from br. G. Kruyswijk re Acts of General Synod 1989, Art. 152.
II. ADMISSIBILITY
- A. Synod decide to declare requests 2-6 of the appeal inadmissible on the following grounds:
- 1. Article 31 of the Church Order points out that whatever may be agreed upon by a majority vote, in the major assemblies “shall be considered settled and binding, unless it is proved to be in conflict with the Word of God or with the Church Order.” In requests 2-6 br. Kruyswijk does not demonstrate that he has been wronged by the decisions of General Synod 1989 on the basis of the Word of God and the Church Order.
- 2. In requests 2-6 br. Kruyswijk offers no new grounds to show that the matter he appealed to General Synod 1989 should be reconsidered.
- B. As to the first request of the appeal, br. Kruyswijk raises a new matter protesting the use by General Synod 1989 of a confidential letter from the consistory of the church at Grand Rapids (April 3, 1989) addressed directly to General Synod, which relates to matters of br. Kruyswijk’s appeal. This request is therefore deemed admissible.
III. OBSERVATIONS
- A. The appellant alleges that “General Synod accepted a confidential letter in which the consistory of Grand Rapids made a false accusation.”
- B. The appellant questions the validity of Synod in accepting a confidential letter from the consistory, and asks “Are the official documents not enough for Synod to make a judgment?”
- C. The appellant requests Synod to declare “that General Synod 1989 erred in using a confidential letter in which the consistory of Grand Rapids made a false and unproven accusation ”
- D. From the documentation it appears no copy of the April 3, 1989 letter was sent to br. Kruyswijk.
- E. From the Acts of Synod 1989, Art. 152 D 1, 7, it is clear that the April 3, 1989 letter contained the consistory’s assessment of the situation.
- F. In the Acts of Synod 1989 Art. 111, Synod considered the matter of receiving a confidential letter from the consistory of Grand Rapids but defeated a motion to declare the confidential material inadmissible.
IV. CONSIDERATIONS
- A. The appellant does not prove that the confidential letter contained a false accusation. Nevertheless, it contained information pertaining to the appeal, of which the appellant had not been informed and against which the appellant could not defend himself.
- B. Synod’s use of the confidential letter in this manner is improper, for it infringes upon the principle of impartiality.
V. RECOMMENDATION
Synod decide that General Synod 1989 erred in using a confidential letter without the appellant’s knowledge, and thus jeopardized the principle of impartiality.