Section IV. Annual
Conference Property3
[FTN] 3. For authority
regarding property held by general agencies of the Church, see ¶ 807.1,
807.3.
¶
2512. 1. Annual Conference Board of Trustees--Each annual conference
shall have a board of trustees, which shall be incorporated unless the
conference is incorporated in its own name. In either case, the board shall
consist of twelve persons, and it is recommended that one third be clergy, one
third laywomen, and one third laymen, in accordance with the provisions of ¶
607.5. Said persons must be of legal age as determined by law, and lay members
shall be members in good standing of local churches within the bounds of the
conference. Such persons shall be the directors of the corporation. They shall
be elected by the conference for terms of four years, except for the first
board, one fourth of whom shall be elected for a term of one year, one fourth
for two years, one fourth for a term of three years, and one fourth for a term
of four years, and shall serve until their successors have been elected; provided,
however, that existing incorporated trustees of any annual conference may
continue unaffected while the charter or articles of incorporation are amended
to bring them into conformity with this paragraph.
2. The
board of trustees shall meet at least annually and organize by electing a
president, vice president, secretary, and treasurer, whose duties shall be
those usually pertaining to such offices. They shall be amenable to the annual
conference. Vacancies shall be filled by the annual conference for the
unexpired term.
3. The
board of trustees shall have the following authority with respect to the
properties of the annual conference and its agencies:
a) The said corporation shall
receive, collect, and hold in trust for the benefit of the annual conference
any and all donations, bequests, and devises of any kind or character, real or
personal, that may be given, devised, bequeathed, or conveyed to the said board
or to the annual conference as such for any benevolent, charitable, or
religious purpose, and shall administer the same and the income therefrom in
accordance with the directions of the donor, trustor, or testator and in the
interest of the church, society, institution, or agency contemplated by such
donor, trustor, or testator, under the direction of the annual conference. When
the use to be made of any such donation, bequest, or devise is not otherwise
designated, the same shall be used as directed by the annual conference.
b) When so directed by the
annual conference, the said corporation may receive and hold in trust for and
on behalf of the annual conference, its districts, or any of its agencies any
real or personal property previously acquired by the conference, its districts,
or its agencies to be used in carrying out their mission, ministry, and
program. With respect to such properties, the board shall take no action that
would alter or interfere with their missional or programmatic use or function
unless such action is specifically directed by the annual conference. The
provisions of this subsection shall not apply to educational or health and
welfare institutions whose properties are held in their own name or in the name
of their own duly elected boards of trustees or directors; nor shall they apply
to the property of local churches except as such local church property may have
been declared discontinued or abandoned under the provisions of ¶ 2548.
c) Except as restricted in § 3b,
the board shall have the power to invest, reinvest, buy, sell, transfer, and
convey any and all funds and properties that it may hold in trust, subject
always to the terms of the legacy, devise, or donation.
d) The annual conference may
include in any resolution authorizing proposed action regarding annual
conference property a direction that any contract, deed, bill of sale,
mortgage, or other necessary written instrument be executed by and on behalf of
the annual conference board of trustees by any two of its officers, who
thereupon shall be duly authorized to carry out the direction of the annual
conference; and any written instrument so executed shall be binding and
effective as the action of the annual conference.
e) The conference board of
trustees is encouraged to invest in institutions, companies, corporations, or
funds that make a positive contribution toward the realization of the goals of
the Social Principles of our Church. The board of trustees shall act as a
socially responsible investor and report annually to the annual conference
regarding its carrying out of this responsibility. Among the tools the board
may use are shareholder advocacy, selective divestment, advocacy of corporate
disinvestment from certain countries or fields of business, and affirmative
investments (as in affordable housing, care of the environment, minority
business and banks, and so forth), as well as other appropriate strategies.
f) Funds committed to this
board may be invested by it only in collateral that is amply secured and after
such investments have been approved by the said board or its agency or
committee charged with such investment, unless otherwise directed by the annual
conference.4
[FTN] 4. See Judicial
Council Decisions 135, 160, 190.
4. The
board may intervene and take all necessary legal steps to safeguard and protect
the interests and rights of the annual conference anywhere and in all matters
relating to property and rights to property whether arising by gift, devise, or
otherwise, or where held in trust or established for the benefit of the annual
conference or its membership.
5. It
shall be the duty of the pastor within the bounds of whose charge any such
gift, bequest, or devise is made to give prompt notice thereof to said board,
which shall proceed to take such steps as are necessary and proper to conserve,
protect, and administer the same; provided, however, that the board may
decline to receive or administer any such gift, devise, or bequest for any
reason satisfactory to the board. It shall also be the duty of the pastor to
report annually to the board of trustees of the annual conference a list of all
property, including real, personal, or mixed, within the charge belonging to or
which should be under the control or jurisdiction of the said board.
6. The
board shall make to each session of the annual conference a full, true, and
faithful report of its doings, of all funds, monies, securities, and property
held in trust by it, and of its receipts and disbursements during the
conference year. The beneficiary of a fund held in trust by the board shall
also be entitled to a report at least annually on the condition of such fund
and on the transactions affecting it.
7. Establishment
of Annual Conference Policy with Regard to Government Efforts to Designate
Church-Owned Property as Landmarks--The board shall develop a policy for an
annual conference response, on behalf of any local church, church-related
agency, or district or annual conference board of trustees located within the
bounds of the annual conference, to any governmental effort to designate a
property held in trust for the benefit of The United Methodist Church (¶ 2503)
by any such board of trustees as a cultural, historical, or architectural
landmark.