SECTION 8: PRESBYTERY PLANNING: GUIDELINES FOR ADJUSTMENTS

Note 1

In all cases of adjustment (unions, linkages, deferred unions, parish groupings, etc as below), this consent of incumbent minister(s) should be given in writing to the Presbytery Clerk at the outset – the simplest way is by email to the Presbytery Clerk with cc to the Planning Convener.

It can easily be overlooked if left till a later date. In terms of the Presbytery Mission Plan Act (Act VIII, 2021) (“the 2021 Act”), “No proposed Adjustment involving the rights of the minister shall be discussed with the office bearers of the congregation as in (a) above [i.e. conferring with local parties as in Note 2] without his or her consent in writing” (s10.1(b)). Also, in terms of the 2021 Act, an “adjustment” includes a Basis of Parish Grouping, Local Mission Church and indeed any of the 11 options stated in s7, subsections (1) to (11), so consent in writing is required for negotiating any of these adjustments.

N.B. Please note that the consent being given by incumbent ministers at this stage is only consent for discussions to begin. There is no implied consent to any proposed adjustment that may emerge from discussions.

Note 2

Presbytery is to remit to the appropriate Standing Committee the task of conferring with local parties. This means that Planning will probably appoint a couple of its members to discuss possible adjustment with the ministers, the elders and members of Financial Boards (if any). Other members of a ministry team should be included in the consultation. Section 10.1(c ) states that all meetings of office bearers under s10 shall be “called by the Presbytery’s Committee and a minister, deacon or elder, appointed by said Committee, shall act as Convener for the purposes of conference”. Planning will therefore appoint an appropriate person to convene the talks about adjustment.

Note 3

If the initial discussions are positive, a Basis of Adjustment is negotiated, usually by a small steering group comprising the Minister/Interim Moderators, Session Clerks and two or three elders from each congregation involved and convened by the Presbytery representative. It is recommended that brief notes are kept of the steering group discussions, especially of matters on which agreement has been reached.

As the negotiations progress, it would be expected that each Session Clerk should keep the remaining office bearers informed as to progress. Where it is proving difficult to reach a decision on some aspects, sometimes a joint discussion among both/all Kirk Sessions meeting together can produce some consensus. It must be stressed that such meetings are consultative only.

It is important to note that no mention is made of informing or consulting the congregation at this stage – this is not accidental as the process up to the congregational vote is the business of the office bearers. However, it is clearly sensible for the Minister and Session Clerk to keep the congregation appraised on what is happening even if they have no locus to participate.

Templates for various Bases can be downloaded from the C of S website and the Planning Committee holds copies of Bases already finalised which may assist, in particular with Basis of  Team Ministry, a new template. Planning can also advise on use of the various templates. The “date of xxxx”(union, linkage, whatever) in the Basis can be left as “on a date to be agreed by Presbytery” up until after Presbytery has approved the Basis. In practice, congregations will probably have a target date for the adjustment actually to take place, but it is not essential to state this.

If a new name is planned, it is important to get the Planning Committee or the Presbytery Clerk to run this past the Law Dept to check it is acceptable in terms of geographical identification and other criteria.

Note 4

Once a draft Basis has been agreed by the steering group, it should be forwarded to the Planning Committee so that it can be submitted to Faith Action Forum/Presbytery Planning (for confirmation it accords with the PMP) and to the Principal Clerk’s Office and the Law Department (to ensure it complies with church law and civil law). Once these approvals/confirmations have been obtained and any recommended changes incorporated, Planning will communicate with the steering group who can then set dates for voting. At this stage, the process of updating the Communion and Adherents Rolls as necessary should be commenced to have these ready for congregational votes.

Note 5

If possible, the Kirk Sessions should meet on the same date (but not all together) and vote on the Basis as presented by the steering group. At this point, the Basis cannot be amended because it is being voted on by both/all Kirk Sessions contemporaneously. The vote is best undertaken by secret ballot, although a show of hands is also allowed. Only those present may vote. A simple majority prevails. Abstentions are not noted.

Note 6

Once all Kirk Sessions have voted in favour of the Basis, congregational votes can be arranged. It is recognised that in rural situations it may not be possible to have all congregations vote on the same day although this is the preferred process. It should be checked that the Communion and Adherents Rolls process is completed before voting date(s) are fixed. These dates should be communicated to Planning who will arrange for the Presbytery Clerk to send out to Session Clerks (i) copies of the Edict with detailed instructions and (ii) voting papers. The Edict must be read out at Sunday worship for the two Sundays preceding the Sunday on which the vote will take place.

Note 7

A secret ballot with voting slips is mandatory. The Minister/Interim Moderator and the Session Clerk should organise the voting at the end of worship, usually having first asked those who are not members or adherents to leave. It is necessary to have a copy of the Communion and Adherents Rolls available so that it can be ensured that those receiving voting slips are on it. There should always be Presbytery representatives present. It should be made plain that the Basis cannot be altered at this stage. Questions may be asked on the process or on the meaning of the clause in the Basis. However, discussion on aspects in the Basis which have already been decided by the Kirk Sessions should be discouraged, as these cannot be changed. Members must vote either For or Against the Basis.

The Presbytery representatives should then count the votes, counting separately if there aretwo votes (see below). Abstentions and spoiled papers are not noted. The Session Clerk shouldadvise the voting numbers to the Planning Committee.

Unions/Linkages/Deferred Unions: Section 7 votes:

Section 7 of the Basis is usually the section which specifies who the minister(s) of the new charge will be. Where there is no incumbent minister in any of the congregations who are parties to the Basis, a single vote on the Basis as a whole can be taken, as per the voting form in Appendix 4.

Where one or more of the congregations is vacant and are agreeing that the minister of another congregation in the Basis will be the minister of the new charge, the members of the vacant charge(s) must vote twice: once on the Basis except Section 7, and separately on Section

7. See voting slip in Appendix 5. The congregation where there is an incumbent minister need only vote on the Basis as a whole (voting slip Appendix 2).

Where there is a linkage, both congregations must vote separately on section 7.

The following is based on advice received informally from the Principal Clerk: Where the minister of the new charge is to be a Team Ministry (even with incumbent Ministers of some or all of the congregations), two votes should again be taken – one on the Basis except

Section 7, and second, on Section 7 of the Basis. In these circumstances, Section 7 will refer to the Basis of Team Ministry so acceptance or rejection of the Basis of Team Ministry is included in acceptance or rejection of Section 7. The rationale is that all congregations are being asked to accept a new ministry arrangement, different from the one charge-one minster arrangement which they have.

Note 8

If all congregations vote in favour, then the Basis or Bases can be approved by the Planning Committee using powers. If one or more parties vote against, the matter will have to be sent to Presbytery for a decision.

Note 9

Once Presbytery has approved the adjustment, the Presbytery Clerk will forward an Extract Minute to Faith Action Forum for noting. The Presbytery Clerk will finalise with the Kirk Sessions the date when the adjustment will take effect, and if appropriate, arrange a Presbytery service.

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