1996 Book of Discipline: Paragraph 413| General Conference 2000

¶ 413. Complaints Against Bishops--1. Episcopal leadership in The United Methodist Church shares with all other ordained persons in the sacred trust of their ordination. The ministry of bishops as set forth in The Book of Discipline of The United Methodist Church also flows from the gospel as taught by Jesus the Christ and proclaimed by his apostles (¶ 403). Whenever a bishop violates this trust or is unable to fulfill appropriate responsibilities, continuation in the episcopal office shall be subject to review. This review shall have as its purpose reconciliation and restoration of the bishop and the strengthening of the Church.

2. Any complaint concerning the effectiveness, competence, or one or more of the offenses listed in ¶ 2624 shall be submitted to the president of the College of Bishops in that jurisdictional or central conference. If the complaint concerns the president, it shall be submitted to the secretary of the College of Bishops. A complaint is a written statement claiming misconduct, unsatisfactory performance of ministerial duties, or one or more of the offenses listed in ¶ 2624.⁹

[FTN] 9. See Judicial Council Decision 751.

3. After receiving a complaint as provided in ¶ 413.1, the president of the College of Bishops, or secretary if the complaint concerns the president, in consultation with a lay and clergy member of the jurisdictional or central conference committee on episcopacy appointed by the chair of the jurisdictional or central conference committee on episcopacy, shall make a supervisory response. This response shall be directed toward a just resolution and/or reconciliation among all parties and may include consultation with the jurisdictional committee on episcopacy or voluntary 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.¹⁰ In unusual circumstances, to protect the well-being of the complainant, the Church and/or bishop, the College of Bishops, in consultation with the jurisdictional or central conference committee on episcopacy, may suspend the bishop from all episcopal responsibilities for a period not to exceed sixty (60) days. During the suspension, salary, housing and benefits will continue. The supervisory response is pastoral and administrative. It is not a judicial process. Its only object is resolution or reconciliation, when possible. No verbatim record shall be made and legal counsel shall not be present, although the bishop against whom the complaint was made may choose another bishop or clergyperson 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. If the supervisory response does not result in resolution of the matter, the president or secretary of the College of Bishops may refer the matter as follows:

[FTN] 10. See Judicial Council Decision 763.

a) If a complaint is based on allegations of one or more offenses listed in ¶ 2624, the president or secretary of the College of Bishops may refer the complaint to a bishop from another jurisdictional or central conference, or to an elder in full connection within the same jurisdictional or central conference, who shall serve as counsel for the Church. Counsel for the Church shall represent the interests of the Church in pressing the claims of the person making the complaint. Counsel for the Church 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 jurisdictional or central conference committee on investigation (¶ 2626), and represent the Church in any proceedings of the committee on investigation. The fair process provisions in ¶ 2623 shall apply to this judicial process. No complaint shall be considered for any misconduct that shall not have been committed within six years immediately preceding the filing of the complaint, except in cases of sexual or child abuse. In the case of sexual or child abuse, there shall be no limitation.

b) If the complaint is based on allegations of incompetence, ineffectiveness, or unwillingness or inability to perform episcopal duties, the president or secretary of the College of Bishops may refer the complaint to the jurisdictional or central conference committee on episcopacy.¹¹ The committee may recommend involuntary retirement (¶ 409.3), disability leave (¶ 411.4), remedial measures (¶ 358), or it may dismiss the complaint. In rare instances when the jurisdictional or central conference committee on episcopacy deems the matter serious enough and when one or more offenses listed in ¶ 2624 are involved, the committee may refer the complaint back to the president or secretary of the College of Bishops for referral as a judicial complaint to the jurisdictional or central conference committee on investigation. The provisions of ¶ 358.2 for fair process in administrative hearings shall apply to this administrative process.

[FTN] 11. See Judicial Council Decision 784.

4. Any actions of the jurisdictional or central conference committee taken on a complaint shall be reported to the next session of the jurisdictional or central conference. This paragraph shall become effective at the conclusion of the 1996 General Conference, except as to matters that have already proceeded to the Jurisdictional Review Committee.



	1996 Discipline ¶ 413
	¶ 413. Complaints Against Bishops--1. Episcopal leadership in The United Methodist Church shares with all other ordained persons in the sacred trust of their ordination. The ministry of bishops as set forth in The Book of Discipline of The United Methodist Church also flows from the gospel as taught by Jesus the Christ and proclaimed by his apostles (¶ 403). Whenever a bishop violates this trust or is unable to fulfill appropriate responsibilities, continuation in the episcopal office shall be subject to review. This review shall have as its purpose reconciliation and restoration of the bishop and the strengthening of the Church. `2. Any complaint concerning the effectiveness, competence, or one or more of the offenses listed in ¶ 2624 shall be submitted to the president of the College of Bishops in that jurisdictional or central conference. If the complaint concerns the president, it shall be submitted to the secretary of the College of Bishops. A complaint is a written statement claiming misconduct, unsatisfactory performance of ministerial duties, or one or more of the offenses listed in ¶ 2624.⁹` `[FTN] 9. See Judicial Council Decision 751.` 3. After receiving a complaint as provided in ¶ 413.1, the president of the College of Bishops, or secretary if the complaint concerns the president, in consultation with a lay and clergy member of the jurisdictional or central conference committee on episcopacy appointed by the chair of the jurisdictional or central conference committee on episcopacy, shall make a supervisory response. This response shall be directed toward a just resolution and/or reconciliation among all parties and may include consultation with the jurisdictional committee on episcopacy or voluntary 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.¹⁰ In unusual circumstances, to protect the well-being of the complainant, the Church and/or bishop, the College of Bishops, in consultation with the jurisdictional or central conference committee on episcopacy, may suspend the bishop from all episcopal responsibilities for a period not to exceed sixty (60) days. During the suspension, salary, housing and benefits will continue. The supervisory response is pastoral and administrative. It is not a judicial process. Its only object is resolution or reconciliation, when possible. No verbatim record shall be made and legal counsel shall not be present, although the bishop against whom the complaint was made may choose another bishop or clergyperson 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. If the supervisory response does not result in resolution of the matter, the president or secretary of the College of Bishops may refer the matter as follows: `[FTN] 10. See Judicial Council Decision 763.` a) If a complaint is based on allegations of one or more offenses listed in ¶ 2624, the president or secretary of the College of Bishops may refer the complaint to a bishop from another jurisdictional or central conference, or to an elder in full connection within the same jurisdictional or central conference, who shall serve as counsel for the Church. Counsel for the Church shall represent the interests of the Church in pressing the claims of the person making the complaint. Counsel for the Church 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 jurisdictional or central conference committee on investigation (¶ 2626), and represent the Church in any proceedings of the committee on investigation. The fair process provisions in ¶ 2623 shall apply to this judicial process. No complaint shall be considered for any misconduct that shall not have been committed within six years immediately preceding the filing of the complaint, except in cases of sexual or child abuse. In the case of sexual or child abuse, there shall be no limitation. b) If the complaint is based on allegations of incompetence, ineffectiveness, or unwillingness or inability to perform episcopal duties, the president or secretary of the College of Bishops may refer the complaint to the jurisdictional or central conference committee on episcopacy.¹¹ The committee may recommend involuntary retirement (¶ 409.3), disability leave (¶ 411.4), remedial measures (¶ 358), or it may dismiss the complaint. In rare instances when the jurisdictional or central conference committee on episcopacy deems the matter serious enough and when one or more offenses listed in ¶ 2624 are involved, the committee may refer the complaint back to the president or secretary of the College of Bishops for referral as a judicial complaint to the jurisdictional or central conference committee on investigation. The provisions of ¶ 358.2 for fair process in administrative hearings shall apply to this administrative process. `[FTN] 11. See Judicial Council Decision 784.` `4. Any actions of the jurisdictional or central conference committee taken on a complaint shall be reported to the next session of the jurisdictional or central conference. This paragraph shall become effective at the conclusion of the 1996 General Conference, except as to matters that have already proceeded to the Jurisdictional Review Committee.`
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1996 Discipline ¶ 413