1992 Book of Discipline: ¶ 2625

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2625. Investigation Procedures--1. General--a) All charges shall be submitted in writing and signed by the chairperson of the appropriate entity or body (2625.2c, 2625.3c, 2625.4c). A copy of all charges, specifications, and documentary evidence under consideration shall be sent to the respondent, the bishop, and the secretary of the Cabinet. All charges against a layperson under 2623.3 shall be submitted in writing, signed by the person(s) making the charge, and delivered to the pastor in charge of the local Church of which the respondent is a member and a copy sent to the respondent.

b) No charge shall be considered for any alleged offense which shall not have been committed within six (6) years immediately preceding the filing of the initial grievance except in the case of sexual or child abuse (454.1b). 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 competent.

c) If possible, the respondent and the person(s) bringing the initial grievance shall be brought face to face, but the inability to do this shall not invalidate an investigation. Other supporting witnesses shall not be permitted at the investigation.

d) The committee on investigation may call such persons as it deems necessary to establish whether or not there are reasonable grounds for the charge or charges.

e) The parties may be represented by counsel at an investigation. Basic procedural decisions shall be made in a preliminary meeting with the person charged and his/her counsel having the right to argue procedural points before the 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.

f) Proceedings in the investigation shall be informal. No oaths shall be taken. All procedural decisions shall be made by the chairperson. Prior to the convening of the Trial Court, all appeals of procedure in prior judicial processes must be brought to and resolved by the presiding officer of the Trial Court.

g) The appropriate Committee on Investigation (2625.2c, .3c, .4c) shall conduct the investigation, and if in the judgment of a majority of the committee 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 2623) and the specifications (the time, place, and specifics of events alleged to have taken place). They shall then forward a copy to the person charged and to appropriate Church officials (2625.2c, .3c, and .4c).

2. Investigation of a Bishop--a) There shall be a committee on investigation consisting of seven (7) elders in full connection elected by each jurisdictional or central conference, with not more than one (1) elder from each annual conference, if possible. The committee should reflect the racial, ethnic, and gender diversity of The United Methodist Church. Three (3) alternates shall also be elected. The committee shall be elected on nomination of the College of Bishops, and shall elect a chairperson and organize at the jurisdictional or central conference. Seven (7) members or alternates seated as members of the committee shall constitute a quorum and a vote to adopt any charge or specification shall require five (5) votes.

b) If a bishop shall be charged in writing of any of the offenses in 2623, the chairperson of the jurisdictional committee on the episcopacy shall forward the charge and all documentary evidence under consideration to the chairperson of the committee on investigation and the bishop being charged. The bishop shall be given an opportunity to submit to the committee on investigation a written response to the charges within thirty (30) days of receipt of the charges. The chairperson shall convene the committee on investigation within sixty (60) days of receiving such charges (see 513.5).

c) Any charges and specifications adopted shall be sent to the bishop charged, to the secretary of the jurisdictional 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 of the committee on investigation so recommend, the jurisdictional committee on the episcopacy may suspend the bishop pending trial.

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 and five (5) alternates nominated by the presiding bishop and elected quadrennially by the annual conference. The committee should reflect the racial, ethnic, and gender diversity of The United Methodist Church. 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 joint review committee or 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 which finally comes before the committee, he/she shall be disqualified from sitting on the committee during its consideration of that case, and his/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 charge or specification shall require five (5) votes.

b) Upon completion of the procedures of 453.1, if a clergy member of an annual conference, located clergy, or a local pastor shall be charged in writing of any of the offenses in 2623, the chairperson of the board of ordained ministry shall refer those charges with all material from the joint review to the chairperson of the conference committee on investigation who shall within sixty (60) days of receiving such charges convene the committee on investigation (453.2). The respondent shall be given an opportunity to submit to the committee on investigation a written response to the charges within thirty (30) days of receipt of the charges (cf. 454.1b and 2624.1).10

c) Any charges and specifications adopted by the committee on investigation (2625.1g) shall be sent by the chairperson within five (5) days to the respondent, the secretary of the annual conference, the chairperson of the board of ordained ministry, the respondent's district superintendent, and the presiding bishop.

d) If five (5) or more of the committee on investigation so recommend, the bishop may suspend the person charged from all clergy responsibilities pending trial.11 The person charged retains all rights and privileges as stated in 443.

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 diaconal ministry nominated by the presiding bishop and elected by the annual conference. Two (2) alternate members shall be elected. The committee should reflect the racial, ethnic, and gender diversity of The United Methodist Church. 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 (2625.4a) for conducting the investigation.

c) If a diaconal minister shall be charged in writing of any of the offenses in 2623, the charged person's district superintendent shall within sixty (60) days of receiving such charges convene the committee on investigation.

d) Any charges and specifications adopted (2624.1) shall be sent to the respondent within five (5) days, the secretary of the annual conference, the chairperson of the board of diaconal ministry, the respondent's district superintendent, and the presiding bishop.

e) If at least two-thirds (O) of the committee on investigation so recommend, the bishop may suspend the person charged from all professional responsibilities pending trial.

5. Investigation of a Lay Member of a Local Church--a) If charges are properly made in compliance with 2623 and 2624, the pastor in charge or co-pastors (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 the racial, ethnic, and gender diversity of The United Methodist Church. 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 charged member shall be given an opportunity to submit to the committee on investigation a written response to the charges within thirty (30) days of a receipt of the charges and the appointing of the committee and before consideration of the charges by the committee. The district superintendent shall preside at all meetings of the committee and shall be given a copy of the charges and any response and 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, to the recording secretary of the charge conference, the pastor(s), and the district superintendent.

c) If five (5) or more of the committee so recommend, the pastor may suspend the charged lay person from exercising any Church office pending trial.

This paragraph, as it relates to the process for nomination, appointment or election of individuals, officers, courts, administrative bodies, review bodies, or committees shall become effective immediately upon the conclusion of the 1992 General Conference.

10See Judicial Council Decision 557.

11See Judicial Council Decision 498.

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1992 Book of Discipline: ¶ 2625
1996 United Methodist General Conference