1996 Book of Discipline: Paragraph 2626| General Conference 2000

ś 2626. Committee on Investigation--1. General--The investigation procedure is the first step in the judicial process. The appropriate committee on investigation (ś 2626.2c, 3c, .4c) shall conduct the investigation, and if in the judgment of the required number of committee members there is reasonable ground for such charges, they shall sign and certify the charges as proper for a trial (the general offense or offenses under ś 2624) and the specifications (e.g., the date, place, and specifics of the events alleged to have taken place). They shall then forward a copy to the person charged, the person making the complaint, and the appropriate Church officials (ś 2626.2c, .3c, and 4c).

2. Investigation of a Bishop--a) There shall be a committee on investigation elected by each jurisdictional or central conference on nomination of the College of Bishops in consultation with the jurisdictional episcopacy committee. The committee shall consist of seven (7) elders in full connection (with not more than one elder from each annual conference, if possible), two 92) lay observers, and six (6) alternate members, five (5) of whom shall be elders in full connection (with not more than one elder from each annual conference, if possible) and one (1) of whom shall be a layperson. The committee shall elect a chairperson and organize at the jurisdictional or central conference. Seven (7) elders or alternates seated as members of the committee shall constitute a quorum, and the vote to adopt any charge or specification shall require five (5) votes.

b) If a written complaint is made against a bishop for any of the offenses in ś 2624, the counsel for the Church, as appointed under ś 413.3a, shall forward the complaint and all documentary evidence under consideration to the chairperson of the committee on investigation, the person making the complaint, and the bishop being charged. The counsel for the Church shall be entitled to choose one assistant counsel without voice who may be an attorney. The bishop shall be given an opportunity to submit to the committee on investigation a written response to the complaint within thirty (30) days of receipt of the complaint. The chairperson shall convene the committee on investigation within sixty (60) days of receiving the complaint.

c) Any charges and specifications adopted shall be sent to the bishop charged, to the secretary of the jursidcitional or central conference, to the president and secretary of the College of Bishops, and to the chairperson of the jurisdictional committee on the episcopacy.

d) If five (5) or more members of the committee on investigation so recommend, the jurisdictional committee on the episcopacy may suspend the bishop pending the outcome of the judicial process.

e) For the purpose of this paragraph, the United Methodist bishops of the central conferences shall constitute one College of Bishops.

3. Investigation of a Clergy Member of an Annual Conference, Clergy on Honorable or Administrative Location, or a Local Pastor--a) There shall be a committee on investigation consisting of seven (7) elders in full connection, two (2) lay observers, and six (6) alternate members, five (5) of whom shall be elders in full connection and one (1) of whom shall be a layperson. The committee shall be nominated by the presiding bishop in consultation with the board of ordained ministry and elected quadrennially by the annual conference. The committee should reflect racial, ethnic, and gender diversity. The committee on investigation shall elect a chair and organize at the annual conference. None of the members or alternates shall be members of the board of ordained ministry, the cabinet, or immediate family members of the above. Should a member of the committee on investigation have been a party to any of the prior proceedings in a case that finally comes before the committee, he or she shall be disqualified from sitting on the committee during its consideration of that case, and his or her place shall be taken by an alternate member. Seven (7) members or alternates seated as members of the committee shall constitute a quorum, and a vote to adopt any charges or specification shall require five (5) votes.

b) If a determination is made that a complaint is a judicial complaint against a clergyperson under the provisions of ś 358.1d(1), the bishop¹⁹ shall appoint an elder in full connection as counsel for the Church. Counsel for the Church shall prepare, sign, and refer the complaint, with all relevant material, to the chairperson of the conference committee on investigation and represent the interests of the Church in pressing the claims of the person making the complaint in any proceedings before the committee. Counsel for the Church shall be entitled to choose one assistant counsel without voice who may be an attorney. The respondent shall be given an opportunity to submit to the committee on investigation a written response to the complaint within thirty (30) days of receipt of the complaint (cf. śś358.1d[1] and 2625.1).²⁰ The chairperson of the conference committee on investigation shall have sixty (60) days to convene the committee on investigation after receiving the complaint.

[FTN] 19. See Judicial Council Decision 685.

[FTN] 20. See Judicial Council Decision 557.

c) Any charges and specifications adopted by the committee on investigation (ś 2626.1) shall be sent by the chairperson within five (5) days to the respondent, the person making the complaint, the secretary of the annual conference, the counsel for the Church, and the presiding bishop.

d) If five (5) or more members of the committee on investigations so recommend, the bishop may suspend the person charged from all clergy responsibilities pending the outcome of the judicial process.²¹ The person charged retains all rights and privileges as stated in ś 335.

[FTN] 21. See Judicial Council Decision 498.

e) If a determination is made that a complaint is not based on chargeable offenses, the committee on investigation may refer the complaint to the bishop for administrative or other action.

4. Investigation of a Diaconal Minister--a) There shall be a committee on investigation consisting of not fewer than three (3) diaconal ministers or members of the Church who are not members of the board of ordained ministry, nominated by the presiding bishop and elected by the annual conference. Two (2) alternate members shall be elected. The committee on investigation shall elect a chair and organize at the annual conference. Three (3) members or alternates seated as members of the committee shall constitute a quorum, and a vote to adopt any charge or specification shall require two (2) votes.

b) When a conference does not have sufficient diaconal ministers to elect the required minimum committee and an investigation is needed, the bishop, in consultation with the College of Bishops, shall request members of diaconal committees on investigation from other conferences in the jurisdiction in sufficient number to provide the required minimum committee (ś 2626.4a) for conducting the investigation.

c) If a written complaint is made against a diaconal minister for any of the offenses in ś 2624, the charged person's district superintendent shall within sixty (60) days of receiving such complaint convene the committee on investigation.

d) Any charges and specifications adopted (ś2625.1) shall be sent to the respondent within five (5) days, the secretary of the annual conference, the chairperson of the board of ordained ministry, the respondent's district superintendent, and the presiding bishop.

e) If at least two thirds (2/3) of the committee on investigation so recommend, the bishop may suspend the person charged from all professional responsibilities pending the outcome of the judicial process.

5. Investigation of a Lay Member of a Local Church--a) If a complaint is made in complaince with śś 2624 and 2625, the pastor in charge or co-pastors (ś 205.1) of the local church, in consultation with the district superintendent and the district lay leader, shall appoint a committee on investigation consisting of seven (7) lay members of the local church. The committee should reflect racial, ethnic, and gender diversity. When the pastor in charge is (or co-pastors are) bringing the charge, the district superintendent, in consultation with the district lay leader, shall appoint the committee on investigation. The member shall be given an opportunity to submit to the committee on investigation a written response to the complaint within thirty (30) days of a receipt of the complaint and the appointing of the committee and before consideration of the complaint by the committee. The district superintendent shall preside at all meetings of the committee, shall be given a copy of the complaint and any response, and shall have the right to be present and to speak at all meetings of the committee.

b) Any charges and specifications adopted by the committee shall be sent to the person charged, the recording secretary of the charge conference, the pastor(s), and the district superintendent.

c) If five (5) or more members of the committee so recommend, the pastor may suspend the charged layperson from exercising any Church office pending outcome of the judicial process.

6. Investigation Procedures--a) A copy of the complaint and documentary evidence under consideration shall be sent to the respondent, the person making the complaint, and the bishop. All complaints against a clergyperson shall be submitted in writing and signed by the appropriate person (ś 2626.2c, .3c, .4c). All complaints against a layperson under ś 2624.3 shall be submitted in writing, signed by the person(s) making the complaint, and delivered to the pastor in charge of the local church of which the respondent is a member, and a copy shall be sent to the respondent. The committee on investigation may have legal counsel present, who shall not be the conference chancellor, for the sole purpose of providing advice to the committee.

b) The parties may be represented by counsel, who shall not be an attorney, at an investigation. A respondent who is a bishop, a clergyperson, or a diaconal minister shall be entitled to select an elder in full connection to serve as respondent's counsel. A lay respondent shall be entitled to select a lay member or clergyperson to serve as respondent's counsel. A respondent shall be entitled to choose one assistant counsel without voice who may be an attorney. Basic procedural decisions shall be made in a preliminary meeting. During this meeting, the respondent and the respondent's counsel, the person making the complaint, and the counsel for the Church (in the case of a clergyperson or bishop respondent) shall have the right to argue procedural points before a decision is made by the chair. All advance procedural decisions and such unanticipated decisions as may come in the course of the meeting of the committee on investigation shall be rendered in writing so as to be available for consideration in all further possible stages of the case.

c) No complaint or charge shall be considered for any alleged occurrence that shall not have been committed within six (6) years immediately preceding the filing of the initial complaint, except in the case of sexual or child abuse (ś 358.1d[1]).²² Time spent on leave of absence shall not be considered as part of the six (6) years. The introduction of any material relating to events happening before the six-year time period as evidence, as preface to evidence, or as build-up for evidence in the procedures of the committee on investigation or the trial proceedings shall be permitted when the presiding officer, after consultation with counsel for both parties, rules that such material is relevant and reliable.

[FTN] 22. See Judicial Council Decisions 691, 723.

d) If possible, the respondent and the person(s) bringing the initial complaint shall be brought face to face, but the inability to do this shall not invalidate an investigation. Notice of the hearings shall be given to all parties, and they shall be permitted to be present during testimony, but not during deliberations. There shall be no right of cross-examination by either the respondent or the person(s) bringing the original complaint.

e) The committee on investigation may call such persons as it deems necessary to establish whether or not there are reasonable grounds for formulating a charge or charges. The chairperson shall have the power, whenever it is appropriate in the committee's own discretion, to appoint a member(s) of the committee to interview any witness(es), provided that all parties may be present (without voice) and that three days notice of the time and place of such interview shall have been given to all parties. The person(s) so appointed shall create a verbatim record of the interview and certify the record by signature for transmittal to the chairperson.

f) There shall be a verbatim record of all proceedings of the committee on investigation, except when the committee meets in executive session. The term executive session shall mean the committee meeting alone or with its legal counsel.

g) Proceedings in the investigation shall be informal. No oaths shall be taken. All procedural decisions shall be made by the chairperson.



	1996 Discipline ¶ 2626
	ś 2626. Committee on Investigation--1. General--The investigation procedure is the first step in the judicial process. The appropriate committee on investigation (ś 2626.2c, 3c, .4c) shall conduct the investigation, and if in the judgment of the required number of committee members there is reasonable ground for such charges, they shall sign and certify the charges as proper for a trial (the general offense or offenses under ś 2624) and the specifications (e.g., the date, place, and specifics of the events alleged to have taken place). They shall then forward a copy to the person charged, the person making the complaint, and the appropriate Church officials (ś 2626.2c, .3c, and 4c). 2. Investigation of a Bishop--a) There shall be a committee on investigation elected by each jurisdictional or central conference on nomination of the College of Bishops in consultation with the jurisdictional episcopacy committee. The committee shall consist of seven (7) elders in full connection (with not more than one elder from each annual conference, if possible), two 92) lay observers, and six (6) alternate members, five (5) of whom shall be elders in full connection (with not more than one elder from each annual conference, if possible) and one (1) of whom shall be a layperson. The committee shall elect a chairperson and organize at the jurisdictional or central conference. Seven (7) elders or alternates seated as members of the committee shall constitute a quorum, and the vote to adopt any charge or specification shall require five (5) votes. b) If a written complaint is made against a bishop for any of the offenses in ś 2624, the counsel for the Church, as appointed under ś 413.3a, shall forward the complaint and all documentary evidence under consideration to the chairperson of the committee on investigation, the person making the complaint, and the bishop being charged. The counsel for the Church shall be entitled to choose one assistant counsel without voice who may be an attorney. The bishop shall be given an opportunity to submit to the committee on investigation a written response to the complaint within thirty (30) days of receipt of the complaint. The chairperson shall convene the committee on investigation within sixty (60) days of receiving the complaint. c) Any charges and specifications adopted shall be sent to the bishop charged, to the secretary of the jursidcitional or central conference, to the president and secretary of the College of Bishops, and to the chairperson of the jurisdictional committee on the episcopacy. d) If five (5) or more members of the committee on investigation so recommend, the jurisdictional committee on the episcopacy may suspend the bishop pending the outcome of the judicial process. e) For the purpose of this paragraph, the United Methodist bishops of the central conferences shall constitute one College of Bishops. 3. Investigation of a Clergy Member of an Annual Conference, Clergy on Honorable or Administrative Location, or a Local Pastor--a) There shall be a committee on investigation consisting of seven (7) elders in full connection, two (2) lay observers, and six (6) alternate members, five (5) of whom shall be elders in full connection and one (1) of whom shall be a layperson. The committee shall be nominated by the presiding bishop in consultation with the board of ordained ministry and elected quadrennially by the annual conference. The committee should reflect racial, ethnic, and gender diversity. The committee on investigation shall elect a chair and organize at the annual conference. None of the members or alternates shall be members of the board of ordained ministry, the cabinet, or immediate family members of the above. Should a member of the committee on investigation have been a party to any of the prior proceedings in a case that finally comes before the committee, he or she shall be disqualified from sitting on the committee during its consideration of that case, and his or her place shall be taken by an alternate member. Seven (7) members or alternates seated as members of the committee shall constitute a quorum, and a vote to adopt any charges or specification shall require five (5) votes. b) If a determination is made that a complaint is a judicial complaint against a clergyperson under the provisions of ś 358.1d(1), the bishop¹⁹ shall appoint an elder in full connection as counsel for the Church. Counsel for the Church shall prepare, sign, and refer the complaint, with all relevant material, to the chairperson of the conference committee on investigation and represent the interests of the Church in pressing the claims of the person making the complaint in any proceedings before the committee. Counsel for the Church shall be entitled to choose one assistant counsel without voice who may be an attorney. The respondent shall be given an opportunity to submit to the committee on investigation a written response to the complaint within thirty (30) days of receipt of the complaint (cf. śś358.1d[1] and 2625.1).²⁰ The chairperson of the conference committee on investigation shall have sixty (60) days to convene the committee on investigation after receiving the complaint. [FTN] 19. See Judicial Council Decision 685. [FTN] 20. See Judicial Council Decision 557. c) Any charges and specifications adopted by the committee on investigation (ś 2626.1) shall be sent by the chairperson within five (5) days to the respondent, the person making the complaint, the secretary of the annual conference, the counsel for the Church, and the presiding bishop. d) If five (5) or more members of the committee on investigations so recommend, the bishop may suspend the person charged from all clergy responsibilities pending the outcome of the judicial process.²¹ The person charged retains all rights and privileges as stated in ś 335. [FTN] 21. See Judicial Council Decision 498. e) If a determination is made that a complaint is not based on chargeable offenses, the committee on investigation may refer the complaint to the bishop for administrative or other action. 4. Investigation of a Diaconal Minister--a) There shall be a committee on investigation consisting of not fewer than three (3) diaconal ministers or members of the Church who are not members of the board of ordained ministry, nominated by the presiding bishop and elected by the annual conference. Two (2) alternate members shall be elected. The committee on investigation shall elect a chair and organize at the annual conference. Three (3) members or alternates seated as members of the committee shall constitute a quorum, and a vote to adopt any charge or specification shall require two (2) votes. b) When a conference does not have sufficient diaconal ministers to elect the required minimum committee and an investigation is needed, the bishop, in consultation with the College of Bishops, shall request members of diaconal committees on investigation from other conferences in the jurisdiction in sufficient number to provide the required minimum committee (ś 2626.4a) for conducting the investigation. c) If a written complaint is made against a diaconal minister for any of the offenses in ś 2624, the charged person's district superintendent shall within sixty (60) days of receiving such complaint convene the committee on investigation. d) Any charges and specifications adopted (ś2625.1) shall be sent to the respondent within five (5) days, the secretary of the annual conference, the chairperson of the board of ordained ministry, the respondent's district superintendent, and the presiding bishop. e) If at least two thirds (2/3) of the committee on investigation so recommend, the bishop may suspend the person charged from all professional responsibilities pending the outcome of the judicial process. 5. Investigation of a Lay Member of a Local Church--a) If a complaint is made in complaince with śś 2624 and 2625, the pastor in charge or co-pastors (ś 205.1) of the local church, in consultation with the district superintendent and the district lay leader, shall appoint a committee on investigation consisting of seven (7) lay members of the local church. The committee should reflect racial, ethnic, and gender diversity. When the pastor in charge is (or co-pastors are) bringing the charge, the district superintendent, in consultation with the district lay leader, shall appoint the committee on investigation. The member shall be given an opportunity to submit to the committee on investigation a written response to the complaint within thirty (30) days of a receipt of the complaint and the appointing of the committee and before consideration of the complaint by the committee. The district superintendent shall preside at all meetings of the committee, shall be given a copy of the complaint and any response, and shall have the right to be present and to speak at all meetings of the committee. b) Any charges and specifications adopted by the committee shall be sent to the person charged, the recording secretary of the charge conference, the pastor(s), and the district superintendent. c) If five (5) or more members of the committee so recommend, the pastor may suspend the charged layperson from exercising any Church office pending outcome of the judicial process. 6. Investigation Procedures--a) A copy of the complaint and documentary evidence under consideration shall be sent to the respondent, the person making the complaint, and the bishop. All complaints against a clergyperson shall be submitted in writing and signed by the appropriate person (ś 2626.2c, .3c, .4c). All complaints against a layperson under ś 2624.3 shall be submitted in writing, signed by the person(s) making the complaint, and delivered to the pastor in charge of the local church of which the respondent is a member, and a copy shall be sent to the respondent. The committee on investigation may have legal counsel present, who shall not be the conference chancellor, for the sole purpose of providing advice to the committee. b) The parties may be represented by counsel, who shall not be an attorney, at an investigation. A respondent who is a bishop, a clergyperson, or a diaconal minister shall be entitled to select an elder in full connection to serve as respondent's counsel. A lay respondent shall be entitled to select a lay member or clergyperson to serve as respondent's counsel. A respondent shall be entitled to choose one assistant counsel without voice who may be an attorney. Basic procedural decisions shall be made in a preliminary meeting. During this meeting, the respondent and the respondent's counsel, the person making the complaint, and the counsel for the Church (in the case of a clergyperson or bishop respondent) shall have the right to argue procedural points before a decision is made by the chair. All advance procedural decisions and such unanticipated decisions as may come in the course of the meeting of the committee on investigation shall be rendered in writing so as to be available for consideration in all further possible stages of the case. c) No complaint or charge shall be considered for any alleged occurrence that shall not have been committed within six (6) years immediately preceding the filing of the initial complaint, except in the case of sexual or child abuse (ś 358.1d[1]).²² Time spent on leave of absence shall not be considered as part of the six (6) years. The introduction of any material relating to events happening before the six-year time period as evidence, as preface to evidence, or as build-up for evidence in the procedures of the committee on investigation or the trial proceedings shall be permitted when the presiding officer, after consultation with counsel for both parties, rules that such material is relevant and reliable. [FTN] 22. See Judicial Council Decisions 691, 723. d) If possible, the respondent and the person(s) bringing the initial complaint shall be brought face to face, but the inability to do this shall not invalidate an investigation. Notice of the hearings shall be given to all parties, and they shall be permitted to be present during testimony, but not during deliberations. There shall be no right of cross-examination by either the respondent or the person(s) bringing the original complaint. e) The committee on investigation may call such persons as it deems necessary to establish whether or not there are reasonable grounds for formulating a charge or charges. The chairperson shall have the power, whenever it is appropriate in the committee's own discretion, to appoint a member(s) of the committee to interview any witness(es), provided that all parties may be present (without voice) and that three days notice of the time and place of such interview shall have been given to all parties. The person(s) so appointed shall create a verbatim record of the interview and certify the record by signature for transmittal to the chairperson. f) There shall be a verbatim record of all proceedings of the committee on investigation, except when the committee meets in executive session. The term executive session shall mean the committee meeting alone or with its legal counsel. g) Proceedings in the investigation shall be informal. No oaths shall be taken. All procedural decisions shall be made by the chairperson.
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1996 Discipline ¶ 2626