Whereas, protection of any United Methodist Annual Conference and their respective Boards of Ordained Ministry from the mounting legal confrontations and civil litigation resulting from their procedures of recruitment, support and/or appointment of clergy persons is a sensitive issue currently, causing concern about threats and risks of both civil and criminal as well as challenges within the United Methodist system; and
Whereas, the Joint Task Force of the Iowa Annual Conference consisting of representatives from both the Conference Cabinet and the Conference Board of Ordained Ministry has been engaged in a three year study seeking, unsuccessfully, as a single Annual Conference to resolve specific conflicts between the 1992 Book of Discipline of the United Methodist Church and the aforementioned Americans with Disabilities Act; and
Whereas, the Iowa Methodist Health System, Department of Occupational Medicine of the Iowa Methodist Medical Center, with whom the IAC is attempting to coordinate and implement its clergy and lay employee Health/Fitness policy, has also advised the Iowa Conference Board of Ordained Ministry that its policies, following the guidelines of the 1992 Discipline, are not presently in compliance with the ADA of 1990 and that those policies must be changed before the Iowa Methodist Health System can assist the IAC in implementing its proposed policies regarding health and fitness; and
Whereas, job descriptions for United Methodist clergy as contained in the 1992 Discipline, ¶439, should be more clearly detailed in compliance with the ADA of 1990 in order to protect the IAC Board of Ordained Ministry and any other Annual Conference of The United Methodist Church, and to protect clergy or lay employees of The United Methodist Church; and
Whereas, the Division of Ordained Ministry of the Board of Higher Education and Ministry form #103 presently used by all Boards of Ordained Ministry in each Annual Conference is deemed no longer legal or adequate in light of present federal law; and
Whereas, the Division of Ordained Ministry of the Board of Higher Education and Ministry in Nashville, TN, following consultation with the legal counsel of the General Council on Finance and Administration, has encouraged the IAC to submit this resolution; and
Whereas, there is a general lack of comprehensive understanding and agreement on these matters throughout The United Methodist Church, along with a feeling of unease and anxiety concerning the questions of compliance with ADA raised in the Iowa Chancellor's opinion and the opinions of the Iowa Methodist Health Center and Department of Occupational Medicine; and
Whereas, The Iowa Annual Conference is the first and, currently, the only Annual Conference being directly affected by these concerns, which are vital not only to the IAC, but all Annual Conferences of The United Methodist Church;
Therefore, be it resolved, that the 1996 General Conference of The United Methodist Church, meeting in Denver, Colorado, appoint and enable a study commission which will examine the health and fitness issues as noted in the 1992 Book of Discipline with regard to the recruitment and appointment of clergy and the employment of laity, and the advisability of taking steps to comply with Title I of the 1990 Americans with Disabilities Act.
Be it further resolved, that this study commission, herein requested of the 1996 General Conference, be instructed and empowered to bring to the General Conference of 2000 the results of its study including proposals for specific clarifying legislation to be considered for the 2000 Book of Discipline of The United Methodist Church.
Be it further resolved, that the appointment of the members of the proposed study commission by the 1996 General Conferenceinclude the following along with such persons as the 1996 General Conference may choose to appoint:
Appropriate bishops of The United Methodist Church
Representatives from the General Council on Finance and Administration, including its legal counsel
Appropriate representatives from the Division of Ordained Ministry of the Board of Higher Education and Ministry, including one qualified representative of that body's Psychological Advisory Committee
Appropriate representatives of the Iowa Annual Conference Board of Ordained Ministry in addition to representatives of other Annual Conferences
It is also suggested that the Chancellor of the Iowa Annual Conference, whose opinions helped to precipitate this petition, be made a member of the study commission.
Costs of the study commission are estimated to be between $25,000 and $50,000 and will be borne by the Division of Ordained Ministry of the General Board of Higher Education and Ministry and by the General Council on Finance and Administration.
General Conference Webmaster: Susan Brumbaugh
PETS Creator: John Brawn
Petition Text: 20246-MN-NonDis-O$
1996 United Methodist General Conference