Grievance Procedures.----1. General Provisions. Diaconal Ministry in an Annual Conference in The United Methodist Church is a sacred trust. The qualifications and duties of diaconal ministers 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 diaconal minister, including those on leaves of all types, or retirement, is accused of violating this trust, his/her consecrated ministerial office shall be subject to review.
This review shall have as its purpose the reconciliation and restoration of the person and the strengthening of the Church. If the remedial process is unfruitful, discontinuance or termination may follow.
a) Supervision----In the course of the ordinary fulfillment of the superintending role, the bishop, district superintendent, or Board of Diaconal Ministry may receive or initiate grievances about the performance or character of a diaconal minister. A grievance is a written and signed statement claiming misconduct or unsatisfactory performance of ministerial duties. The person filing the grievance and the diaconal minister shall be informed by the district superintendent or bishop of the process for filing the grievance and its purpose. The supervisory response shall be directed toward justice for and reconciliation between all parties and the diaconal minister and may include consultation with the Committee on Pastor-Parish Relations for the diaconal minister; or 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.
b) Complaints----If supervisory activity does not achieve the desired results, the matter may be referred as a complaint to the chairperson of the Board of Diaconal Ministry who shall forward it on to the Joint Review Committee. A complaint must be based on incompetence, ineffectiveness, or any one or more of the offenses listed in ¶ 2623 and shall be submitted in written form and signed by the secretary of the Cabinet or the bishop. No complaint shall be considered for any misconduct which shall not have been committed within six (6) years immediately preceding the filing of the grievance (¶ 314.1a) except in the case of sexual or child abuse there shall be no limitation. Complaints shall be filed with the chair of the Board of Diaconal Ministry, who shall forward the complaint to the Joint Review Committee and the diaconal minister against whom the complaint is lodged within ten (10) days of receipt. In unusual circumstances, to protect the well-being of the church and/or clergy, the executive committee of the Board of Diaconal Ministry may recommend that the bishop suspend the person from all diaconal responsibilities but not from an appointment for a period not to exceed sixty (60) days. During the suspension, salary, housing, and benefits provided by the employing agency will continue at a level no less than on the date of suspension, unless the employing agency terminates the diaconal minister's employment contract. Nothing herein shall abridge the right of the employing agency to terminate the diaconal minister's employment contract. Nothing herein shall abridge the right of the local church to terminate the diaconal minister's employment contract.
c) Joint Review Committee----In each Annual Conference there shall be a Joint Review Committee composed of one district superintendent nominated by the bishop, two (2) Board of Diaconal Ministry members nominated by the chairperson, and three (3) non-board diaconal ministers, one (1) nominated by the bishop and Cabinet, two (2) by the board. One (1) lay observer shall be appointed by the bishop annually. Two (2) alternates shall be provided in each of the three (3) categories. The alternates who are district superintendents shall be nominated by the bishop. The alternates who are members of the Board of Diaconal Ministry shall be nominated by the chairperson. The alternates who are non-Cabinet, non-board members shall be nominated, one (1) by the bishop and Cabinet and the other by the board. All diaconal members shall be elected annually by the Annual Conference.
When a person serving on the Joint Review Committee is involved in or related to the complaint, an alternate shall serve. The committee shall elect its own officers.
This committee shall receive from the chairperson of the Board of Diaconal Ministry all complaints and seek resolution of them. This work of this committee shall be informal and confidential and shall guarantee that the person or persons lodging the original grievance and the person against whom the grievance is lodged shall have the right to be heard. The person against whom a complaint is lodged, the respondent, shall be entitled to receive, prior to the hearing, a copy of the complaint and all supporting materials. At the initial hearing the respondent and the person or persons bringing the complaint shall have the right to present written materials and other documentary evidence including a list of persons with pertinent information. The committee may hear from any person it deems helpful to its process and task. Persons other than the parties involved shall be heard at the sole discretion of the committee. However, should the diaconal minister under complaint and/or the person bringing the original grievance desire it, a person chosen by them may accompany them at the meetings of the committee, and shall have the right of advocacy. If resolution of the matter is not achieved, the Joint Review Committee shall refer the complaint including the entire file with any recommendations for remedial action to the Board of Diaconal Ministry for its consideration.
d) Disposition of Complaints----When a complaint has been received from the Joint Review Committee, the Board of Diaconal Ministry shall develop a response based on the report of the Joint Review Committee and the needs of the church and the diaconal minster. The Board of Diaconal Ministry may recommend leave of absence, personal leave, termination, or it may dismiss the complaint. In rare instances, following the Joint Review process, the board may refer the complaint as charges to the Committee on Investigations (¶2625) for possible trial. The board's recommendation will be shared with the minister, the bishop, the Cabinet, the complainant, and the congregation.
e)Recommendation to Terminate Membership----The Board of Diaconal Ministry's recommendation to terminate the membership of a Diaconal Minister must be preceded by the Joint Review process and must be based on any one or more of the offenses listed in ¶2623. The requirements of fair process as set forth in ¶2622 shall be followed in any involuntary termination procedure. The board shall notify the diaconal minister, the bishop, and district superintendent of the recommendation to the Annual Conference. The notice to the diaconal minster shall also inform the minister of his/her right to elect trial (¶¶314.2, 2623) or withdraw under complaints (¶313.4). The recommendation of the Board of Diaconal Ministry shall be acted upon by the next session of the Annual Conference where the diaconal minister's relationship may be terminated by two-thirds (2/3) vote, unless the minster shall choose withdrawal or trial. Such choice by the diaconal minister must be made and notification of the choice sent to the bishop and the chairperson of the Board of Diaconal Ministry within ten (10) days following receipt of notice of the board's recommendation. If a diaconal minister is terminated he/she shall no longer be permitted to exercise diaconal ministerial functions and shall surrender his/her credentials to the chairperson of the Board of Diaconal Ministry for deposit with the secretary of the conference.
2. By Trial----If a diaconal minister of an Annual Conference chooses trial, the procedures are provided for in ¶2626.
General Conference Webmaster: Susan Brumbaugh
PETS Creator: John Brawn
Petition Text: 20038-MN-314-D
1996 United Methodist General Conference