"Recommendations" is an attempt to make an end run around the compliance committee process outlined in the "Regard"—or an attempt to bend a free kick around them if you prefer association football metaphors. #GCAC19
The rationale is set forth lines 27–31 of "Recommendations":
The rationale is set forth lines 27–31 of "Recommendations":
In other words, compliance committees got bad PR, so we never started them. But, since you (GCEXCOM) told us in "Regard" that we could—not had—to use the compliance committees before discipline, we decided to go ahead without them.
Except that's not what "Regard" says. #GCAC19
Except that's not what "Regard" says. #GCAC19
Yes, the "Regard" document does say that GCADCOM may (and by implication, may not) put a compliance committee to work on a given issue.
But what it doesn't say is that GCADCOM can recommend discipline to GCEXCOM absent the recommendation of a compliance committee. #GCAC19
But what it doesn't say is that GCADCOM can recommend discipline to GCEXCOM absent the recommendation of a compliance committee. #GCAC19
In fact, "Regard" positively states that ADCOM can recommend discipline to GCEXCOM "in the event the due process referenced" in the document has been followed and fails to produce the desired result: compliance. #GCAC19
Now a lawyer might argue that the "due process" referenced in "Regard" was followed by GCADCOM in making "Recommendations," because ADCOM was assuming the functions of a compliance committee.
But not so fast: That "due process" includes the right to an appeal. #GCAC19
But not so fast: That "due process" includes the right to an appeal. #GCAC19
And guess to whom an entity facing discipline is supposed to be able to appeal before recommendations for discipline make it to GCEXCOM: first the compliance committee and then GCADCOM. #GCAC19
Question: If GCADCOM is functioning as the compliance committee, where is the second and final appeal to GCADCOM that "due process" requires?
Answer: It doesn't exist. The same committee cannot fulfill the role of the second committee to which final appeal may be made. #GCAC19
Answer: It doesn't exist. The same committee cannot fulfill the role of the second committee to which final appeal may be made. #GCAC19
The "Regard" document was not written to function without compliance committees. The "due process" it requires means that if GCADCOM chooses not to refer to compliance committee, the disciplinary measures cannot be recommended to GCEXOM. #GCAC19
Therefore, I submit that "Recommendations Resulting from the 2018 Annual Council Compliance Action" is out of compliance with "Regard for and Practice of General Conference Session and General Conference Executive Committee Actions" and should be ruled out order. #GCAC19
Of course, if someone can show me where this analysis is in error, I am willing to retract. #GCAC19
(This^ is what happens when my wife's soap-making group goes an hour over schedule.)
p.s. GCEXCOM can still discipline entities using the procedures in Working Policy, but they are more onerous and limited than those available by following procedures voted in the "Regard" document. #GCAC19
