Committee on Investigation
Procedures.--1. General--a) The
investigation procedure is the first step in the judicial process. 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 (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 to appropriate church officials (¶ 2625.2c,
.3c, and .4c). 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.
[Delete b-g]
2. [Second sentence.] The committee should reflect the racial,
ethnic, and gender diversity of The United Methodist Church.
b) If a written complaint is made against a bishop for
bishop shall be charged in writing of any of the offenses in
¶ 2623, the counsel for the church, as appointed under
¶ 513.3a, chairperson of the Jurisdictional
Committee on the Episcopacy shall forward the complaint
charge 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
charges within thirty (30) days of receipt of the
complaint charges. The chairperson shall convene the
Committee on Investigation within sixty (60) days of receiving the
complaint such charges (see
¶ 513.3a 513.5).
c) Any charges and specifications adopted shall be sent to the
bishop bishop charged,...
d) If five (5) or more members of the Committee on Investigation so recommend,...
3.a) [Second sentence] The committee should reflect the
racial, ethnic, and gender diversity of The United Methodist
Church...None of the members or alternates shall be members of
the Joint Review Committee or the Board of Ordained
Ministry,...
b) If a determination is made that a complaint is a judicial
complaint against a clergy person under the provisions of
¶ 454.1e(1), the bishop shall appoint an elder in full
connection as counsel for the church. 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 Counsel for the church
chairperson of the Board of Ordained Ministry shall
prepare, sign and refer the complaint refer those charges
with all relevant material from the Joint Review 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. 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 complaint
charges within thirty (30) days of receipt of the
complaint charges (cf.
¶ 454.1c 454.1b and
¶ 2624.1).10 The Chairperson of the conference Committee on
Investigation shall have sixty (60) days to convene the Committee on
Investigation after receiving the complaint.
c) Any charges and specifications...to the respondent, the person
making the complaint, secretary of the Annual Conference, the
chairperson of the Board of Ordained Ministry, counsel for
the church the respondent's district superintendent, and
the presiding bishop.
d) If five (5) or more members of the Committee on
Investigation...The person charged retains all rights and privileges as stated
in ¶ 441 ¶ 443.
4.a) [Third sentence] The Committee should reflect the
racial, ethnic, and gender diversity of The United Methodist
Church.
c) If a written complaint is made against a diaconal minister
shall be charged in writing of for any of the offenses
in ¶ 2623, the charged person's district superintendent shall within
sixty (60) days of receiving such complaint charges
convene the Committee on Investigation.
5.a) If a complaint is charges are properly made
in compliance...The committee should reflect the racial,
ethnic, and gender diversity of The United Methodist
Church....The charged member shall be given an
opportunity to submit to the Committee on Investigation a written response to
the complaint charges within thirty (30) days of a
receipt of the complaint charges and the appointing of
the Committee and before
consideration of the complaint charges by the
committee. The district superintendent shall preside at all meetings of the
committee and shall be given a copy of the complaint
charges and any response...
c) If five (5) or more members of the committee so recommend,...
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.
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 clergy person shall be submitted in writing and signed by the appropriate person (¶¶ 2625.2c, 2625.3c, 2625.4c). All complaints against a layperson under ¶ 2623.3 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 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, clergy person 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 clergy person 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 clergy person 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 which 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 (¶ 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 reliable.
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.
General Conference Webmaster: Susan Brumbaugh
PETS Creator: John Brawn
Petition Text: 21269-GJ-2625-D
1996 United Methodist General Conference