1996 Book of Discipline: Paragraph 358| General Conference 2000

¶ 358. Complaint Procedures--1. General Provisions--Ordination and membership in an annual conference in The United Methodist Church is a sacred trust. The qualifications and duties of local pastors, associate members, probationary members, and full members are set forth in the Book of Discipline of The United Methodist Church, and we believe they flow from the gospel as taught by Jesus the Christ and proclaimed by his apostles. Whenever a person in any of the above categories, including those on leaves of all types, honorable or administrative location, or retirement, is accused of violating this trust, the membership of his or her ministerial office shall be subject to review.

a) Supervision--In the course of the ordinary fulfillment of the superintending role, the bishop or district superintendent may receive or initiate complaints about the performance or character of a clergyperson.⁶⁰ A complaint is a written and signed statement claiming misconduct or unsatisfactory performance of ministerial duties.⁶¹ The person filing the complaint and the clergyperson shall be informed by the district superintendent or bishop of the process for filing the complaint and its purpose.⁶²

b) Supervisory Response--The supervisory response is pastoral and administrative and shall be directed toward a just resolution and/or reconciliation among all parties. It is not part of any judicial process. At any meetings no verbatim record shall be made; no legal counsel shall be present; the person against whom the complaint was made may choose another person to accompany him or her with the right to voice; the person making the complaint shall have the right to choose a person to accompany him or her with the right to voice.⁶³

The supervisory response should be carried out by the bishop and district superintendent in a confidential and timely manner, with attention to communication to all parties regarding the complaint and the process. At the determination of the bishop, persons with qualifications and experience in assessment, intervention, or healing may be selected to assist in the supervisory response. The bishop also may consult with the committee on pastor-parish relations for pastors, the district committee on superintendency for the district superintendents, appropriate personnel committee or other persons who may be helpful. The supervisory response also may include mediation in which the parties are assisted in reaching a settlement or agreement satisfactory to all parties by a trained, neutral third party mediator or mediation team.⁶⁴

c) Suspension--In unusual circumstances, to protect the well-being of the complainant, the church, and/or clergy, the bishop, with the recommendation of the executive committee of the board of ordained ministry, may suspend the person from all clergy responsibilities, but not from an appointment, for a period not to exceed sixty (60) days. During the suspension, salary, housing, and benefits provided by a pastoral charge will continue at a level no less than on the date of suspension.⁶⁵ The person so suspended shall retain all rights and privileges as stated in ¶ 325. The cost of supply for the pastoral charge during the suspension will be borne by the annual conference.

d) Referral of Complaint--If a supervisory response does not achieve resolution and/or reconciliation, the bishop may refer the complaint⁶⁶ based on the following criteria:

(1) If the bishop determines that the complaint is based on allegations of one or more offenses listed in ¶ 2624.1, the bishop may refer the complaint to the counsel for the Church who shall be appointed by the bishop. The counsel for the Church shall be an elder in full connection and shall have the right to choose one assistant counsel without voice who may be an attorney. The counsel for the Church shall sign the complaint as a judicial complaint, forward it to the committee on investigation and represent the Church in any proceedings of the committee on investigation. No complaint shall be considered for any misconduct that shall not have been committed within six years immediately preceding the filing of the complaint⁶⁷ (¶ 358.1a) except in the case of sexual or child abuse. In the case of sexual or child abuse there shall be no limitation.⁶⁸

(2) If the bishop determines that the complaint is based on allegations of incompetence, ineffectiveness, or unwillingness or inability to perform ministerial duties, he or she may refer the complaint as an administrative complaint to the board of ordained ministry for its consideration of remedial or other action⁶⁹ (see ¶ 358.3a).

e) Supervisory Follow-up--The bishop and cabinet shall provide a process for healing within the congregation if there has been significant disruption to congregational life by the complaint. This may include a mediation process for unresolved conflicts, support for victims, and reconciliation for parties involved.⁷⁰

2. Fair Process in Administrative Hearings--The following procedures are presented for the protection of the rights of individuals and for the protection of the Church in administrative hearings. The process set forth in this paragraph commences upon referral of a matter as an administrative complaint. Special attention should be given to the timely disposition of all matters and to ensuring racial, ethnic, and gender diversity in the committee hearing the complaint.

a) In any administrative proceeding the respondent (the person against whom the administrative complaint has been filed) shall have a right to be heard before any final action is taken.

b) Notice of any hearing shall advise the respondent of the reason for the proposed procedures with sufficient detail to allow the respondent to prepare a response. Notice shall be given not less than twenty (20) days prior to the hearing.

c) The respondent shall have a right to be accompanied by another clergyperson to any hearing, in accordance with the appropriate disciplinary provisions. The person accompanying the respondent shall have the right to voice.

d) In any administrative hearing, under no circumstances shall one party, in the absence of the other party, discuss substantive issues with members of the pending hearing body. Questions of procedure may be raised with the presiding officer of the hearing body.

f) In the event that a clergyperson fails to appear for supervisory interviews, refuses mail, refuses to communicate personally with the bishop or district superintendent, or otherwise fails to respond to supervisory requests or requests from official administrative committees, such actions or inactions shall not be used as an excuse to avoid or delay any Church processes, and such processes may continue without the participation of such individual.

3. Disposition of Administrative Complaints--When a complaint has been received, the board of ordained ministry shall develop a response in a timely manner. The board of ordained ministry may recommend remedial action, discontinuance, leave of absence, administrative location, or it may dismiss the complaint. In rare instances, the board may refer the complaint back to the bishop for possible referral as a judicial complaint. The board's response will be shared with the clergyperson, the bishop, the cabinet, and the complainant.

a) Remedial Action--In cooperation with the cabinet and in consultation with the clergyperson, the board of ordained ministry may choose or recommend one or more of the following options for a program of remedial action, subject to regular oversight by the board and annual review:

(10) Private reprimand: a letter signed by the chairperson of the board of ordained ministry and the clergyperson's district superintendent, addressed to the clergyperson with a file copy in the permanent file of the board of ordained ministry (¶ 606.6) stating the appropriateness of the complaint, the specific remedial action required, and the conditions under which the letter shall be withdrawn from the file and destroyed;

b) Recommendation to Administrative Location--(1) Upon recommendation of the board of ordained ministry, the annual conference may place members on administrative location when, in the judgment of the annual conference, members have demonstrated a pattern of being unable effectively and competently to perform the duties of itinerant ministry; provided that the annual conference shall have first examined their character and found them in good standing. The requirements of fair process as set forth in ¶ 358.2 shall be followed in any administrative location procedure.

(2) The board of ordained ministry shall notify the clergy member, chairperson of the administrative review committee, bishop, district superintendent, and the complainant of the recommendation to administrative location at least sixty (60) days before the opening of the next annual conference.

The notice to the clergy member shall also inform the member of the right to a hearing before the bishop, cabinet, and executive committee of the board of ordained ministry prior to the recommendation being forwarded to the executive session of the clergy members in full connection of the annual conference for consideration and action. Such choice by the ordained member must be made and notification of the choice sent to the bishop and the chairperson of the board of ordained

ministry within thirty (30) days following receipt of notice from the board.⁷¹ The chairperson of the board of ordained ministry shall preside at such a hearing. The recommendation of the board of ordained ministry shall be acted upon by the clergy session of members in full connection with the annual conference.

(3) The administrative review committee (¶ 634) shall ensure that the disciplinary procedures for administrative location were properly followed. The entire process leading up to the recommendation to administrative location shall be reviewed by the administrative review committee, and it shall report its findings to the clergy session of members in full connection with the annual conference.

(4) The provisions of ¶ 358.3b (1{@-}3) above apply to administrative location, except that a person on administrative location may not be given ad interim appointments by the bishop. Upon recommendation of the board of ordained ministry, an annual conference may offer financial assistance from conference resources in this transition.

c) Recommendation to Discontinue Probationary Membership--The board of ordained ministry shall recommend the discontinuance of a probationary member in keeping with the provisions of ¶ 318.6.

4. This paragraph shall become effective upon the conclusion of the 1996 General Conference, except for all matters that have already proceeded to the Joint Review Committee.



	1996 Discipline ¶ 358
	`Section XIV. Complaints` ¶ 358. Complaint Procedures--1. General Provisions--Ordination and membership in an annual conference in The United Methodist Church is a sacred trust. The qualifications and duties of local pastors, associate members, probationary members, and full members are set forth in the Book of Discipline of The United Methodist Church, and we believe they flow from the gospel as taught by Jesus the Christ and proclaimed by his apostles. Whenever a person in any of the above categories, including those on leaves of all types, honorable or administrative location, or retirement, is accused of violating this trust, the membership of his or her ministerial office shall be subject to review. `This review shall have as its purpose reconciliation and restoration of the person and the strengthening of the church.` a) Supervision--In the course of the ordinary fulfillment of the superintending role, the bishop or district superintendent may receive or initiate complaints about the performance or character of a clergyperson.⁶⁰ A complaint is a written and signed statement claiming misconduct or unsatisfactory performance of ministerial duties.⁶¹ The person filing the complaint and the clergyperson shall be informed by the district superintendent or bishop of the process for filing the complaint and its purpose.⁶² `[FTN] 60. See Judicial Council Decision 685.` `[FTN] 61. See Judicial Council Decisions 763, 777.` `[FTN] 62. See Judicial Council Decision 751.` b) Supervisory Response--The supervisory response is pastoral and administrative and shall be directed toward a just resolution and/or reconciliation among all parties. It is not part of any judicial process. At any meetings no verbatim record shall be made; no legal counsel shall be present; the person against whom the complaint was made may choose another person to accompany him or her with the right to voice; the person making the complaint shall have the right to choose a person to accompany him or her with the right to voice.⁶³ `[FTN] 63. See Judicial Council Decisions 698, 723.` The supervisory response should be carried out by the bishop and district superintendent in a confidential and timely manner, with attention to communication to all parties regarding the complaint and the process. At the determination of the bishop, persons with qualifications and experience in assessment, intervention, or healing may be selected to assist in the supervisory response. The bishop also may consult with the committee on pastor-parish relations for pastors, the district committee on superintendency for the district superintendents, appropriate personnel committee or other persons who may be helpful. The supervisory response also may include mediation in which the parties are assisted in reaching a settlement or agreement satisfactory to all parties by a trained, neutral third party mediator or mediation team.⁶⁴ `[FTN] 64. See Judicial Council Decisions 691, 700, 751, 763, 768.` c) Suspension--In unusual circumstances, to protect the well-being of the complainant, the church, and/or clergy, the bishop, with the recommendation of the executive committee of the board of ordained ministry, may suspend the person from all clergy responsibilities, but not from an appointment, for a period not to exceed sixty (60) days. During the suspension, salary, housing, and benefits provided by a pastoral charge will continue at a level no less than on the date of suspension.⁶⁵ The person so suspended shall retain all rights and privileges as stated in ¶ 325. The cost of supply for the pastoral charge during the suspension will be borne by the annual conference. `[FTN] 65. See Judicial Council Decision 776.` `d) Referral of Complaint--If a supervisory response does not achieve resolution and/or reconciliation, the bishop may refer the complaint⁶⁶ based on the following criteria:` `[FTN] 66. See Judicial Council Decision 700.` (1) If the bishop determines that the complaint is based on allegations of one or more offenses listed in ¶ 2624.1, the bishop may refer the complaint to the counsel for the Church who shall be appointed by the bishop. The counsel for the Church shall be an elder in full connection and shall have the right to choose one assistant counsel without voice who may be an attorney. The counsel for the Church shall sign the complaint as a judicial complaint, forward it to the committee on investigation and represent the Church in any proceedings of the committee on investigation. No complaint shall be considered for any misconduct that shall not have been committed within six years immediately preceding the filing of the complaint⁶⁷ (¶ 358.1a) except in the case of sexual or child abuse. In the case of sexual or child abuse there shall be no limitation.⁶⁸ `[FTN] 67. See Judicial Council Decisions 753, 777.` `[FTN] 68. See Judicial Council Decisions 691, 701, 723.` `(2) If the bishop determines that the complaint is based on allegations of incompetence, ineffectiveness, or unwillingness or inability to perform ministerial duties, he or she may refer the complaint as an administrative complaint to the board of ordained ministry for its consideration of remedial or other action⁶⁹ (see ¶ 358.3a).` `[FTN] 69. See Judicial Council Decision 763.` `e) Supervisory Follow-up--The bishop and cabinet shall provide a process for healing within the congregation if there has been significant disruption to congregational life by the complaint. This may include a mediation process for unresolved conflicts, support for victims, and reconciliation for parties involved.⁷⁰` `[FTN] 70. See Judicial Council Decision 763.` `2. Fair Process in Administrative Hearings--The following procedures are presented for the protection of the rights of individuals and for the protection of the Church in administrative hearings. The process set forth in this paragraph commences upon referral of a matter as an administrative complaint. Special attention should be given to the timely disposition of all matters and to ensuring racial, ethnic, and gender diversity in the committee hearing the complaint.` `a) In any administrative proceeding the respondent (the person against whom the administrative complaint has been filed) shall have a right to be heard before any final action is taken.` `b) Notice of any hearing shall advise the respondent of the reason for the proposed procedures with sufficient detail to allow the respondent to prepare a response. Notice shall be given not less than twenty (20) days prior to the hearing.` `c) The respondent shall have a right to be accompanied by another clergyperson to any hearing, in accordance with the appropriate disciplinary provisions. The person accompanying the respondent shall have the right to voice.` `d) In any administrative hearing, under no circumstances shall one party, in the absence of the other party, discuss substantive issues with members of the pending hearing body. Questions of procedure may be raised with the presiding officer of the hearing body.` `e) The respondent shall have access to all records relied upon in the determination of the outcome of the administrative process.` `f) In the event that a clergyperson fails to appear for supervisory interviews, refuses mail, refuses to communicate personally with the bishop or district superintendent, or otherwise fails to respond to supervisory requests or requests from official administrative committees, such actions or inactions shall not be used as an excuse to avoid or delay any Church processes, and such processes may continue without the participation of such individual.` 3. Disposition of Administrative Complaints--When a complaint has been received, the board of ordained ministry shall develop a response in a timely manner. The board of ordained ministry may recommend remedial action, discontinuance, leave of absence, administrative location, or it may dismiss the complaint. In rare instances, the board may refer the complaint back to the bishop for possible referral as a judicial complaint. The board's response will be shared with the clergyperson, the bishop, the cabinet, and the complainant. `a) Remedial Action--In cooperation with the cabinet and in consultation with the clergyperson, the board of ordained ministry may choose or recommend one or more of the following options for a program of remedial action, subject to regular oversight by the board and annual review:` `(1) Program of continuing education (¶ 348);` `(2) Leave of absence, voluntary or involuntary (¶ 351);` `(3) Early retirement (¶ 355.2) or involuntary retirement (¶ 355.3);` `(4) Sabbatical leave (¶ 349);` `(5) Honorable location (¶ 356);` `(6) Surrender of ordained ministerial office (¶ 357.2);` `(7) Personal counseling or therapy;` `(8) Program of career evaluation;` `(9) Peer support and supervision;` `(10) Private reprimand: a letter signed by the chairperson of the board of ordained ministry and the clergyperson's district superintendent, addressed to the clergyperson with a file copy in the permanent file of the board of ordained ministry (¶ 606.6) stating the appropriateness of the complaint, the specific remedial action required, and the conditions under which the letter shall be withdrawn from the file and destroyed;` `(11) Administrative location.` b) Recommendation to Administrative Location--(1) Upon recommendation of the board of ordained ministry, the annual conference may place members on administrative location when, in the judgment of the annual conference, members have demonstrated a pattern of being unable effectively and competently to perform the duties of itinerant ministry; provided that the annual conference shall have first examined their character and found them in good standing. The requirements of fair process as set forth in ¶ 358.2 shall be followed in any administrative location procedure. `(2) The board of ordained ministry shall notify the clergy member, chairperson of the administrative review committee, bishop, district superintendent, and the complainant of the recommendation to administrative location at least sixty (60) days before the opening of the next annual conference.` `The notice to the clergy member shall also inform the member of the right to a hearing before the bishop, cabinet, and executive committee of the board of ordained ministry prior to the recommendation being forwarded to the executive session of the clergy members in full connection of the annual conference for consideration and action. Such choice by the ordained member must be made and notification of the choice sent to the bishop and the chairperson of the board of ordained` `ministry within thirty (30) days following receipt of notice from the board.⁷¹ The chairperson of the board of ordained ministry shall preside at such a hearing. The recommendation of the board of ordained ministry shall be acted upon by the clergy session of members in full connection with the annual conference.` `[FTN] 71. See Judicial Council Decisions 384, 485.` `(3) The administrative review committee (¶ 634) shall ensure that the disciplinary procedures for administrative location were properly followed. The entire process leading up to the recommendation to administrative location shall be reviewed by the administrative review committee, and it shall report its findings to the clergy session of members in full connection with the annual conference.` `(4) The provisions of ¶ 358.3b (1{@-}3) above apply to administrative location, except that a person on administrative location may not be given ad interim appointments by the bishop. Upon recommendation of the board of ordained ministry, an annual conference may offer financial assistance from conference resources in this transition.` `c) Recommendation to Discontinue Probationary Membership--The board of ordained ministry shall recommend the discontinuance of a probationary member in keeping with the provisions of ¶ 318.6.` `4. This paragraph shall become effective upon the conclusion of the 1996 General Conference, except for all matters that have already proceeded to the Joint Review Committee.`
	PETITIONS: Main \| Discipline Index \| Search \| About GC2000: Main \| DCA \| Delegates \| Committees \| Studies \| Articles \| News \| Audio/Video \| Music \| Downloads \| About PETS Database Design - John Brawn \| PETS Webmaster - Susan Brumbaugh Have questions about General Conference? Call InfoServ at 1-800-251-8140, 8AM-4:30PM Central Time, Monday-Friday. Email: infoserv@umcom.umc.org Website Copyright �2000 United Methodist Communications; All Rights Reserved

1996 Discipline ¶ 358