Grievance Procedures.--1. General Provisions.--a) In the course of normal activities, questions sometimes arise about lay persons or clergy performance and/or character. Ordinarily, such questions are handled in the committees and groups related to the concern (worship issues by Worship Committee, issue of difficulty with a church member by Staff-Parish Relations Committee, etc.), by learning experiences like continuing education or counseling, or under the supervisory responsibilities of the superintendents.
However, on rare occasions, questions of a nature serious enough to merit removal of a person from ministry or church membership are brought. Their handling requires great care, since for clergy the career, livelihood, housing, health insurance, other forms of pastoral support (viewed as "property" under civil law), and the lives of the pastor's family are involved. For laity, value to the life of the church, community relations, and impact on their families are also critical. Actions taken against clergy or laity should be commensurate with the complaints and not be such as to destroy a career or church relationship no matter how minor the complaint.
Superiors in office, such as superintendents and bishops, must be free to minister to the people on all sides in the dispute and, once their roles in seeking a voluntary resolution between the parties breaks down, they must step aside to let others handle the proceedings and not become advocates for any one of them but maintain their proper judicial roles (¶¶ 523.12, 515.3, 2627.4).
Whenever laity, pastors, district superintendents, bishops, or other clergy persons are accused of violating their covenant of standards and responsible ministry (¶¶ 211, 302, 431, 439, 500), their innocence shall be presumed, and they shall have fair process rights (¶ 2622). Every effort at reconciliation and remedial help shall be attempted by all involved to bring about restoration for the sake of Christ's mission. Those efforts failing, the following grievance procedures shall be required prior to trial.
b) The grievance procedures are required prior to any form of removal from the church or from ministry. Removal from ministry includes being dropped from probation, being dropped as a local pastor, being involuntarily retired, being administratively located, being involuntarily put on leave of absence, or being terminated from membership in the conference. Should any of these be considered for clergy, including bishops, then the following procedures are required. Actions against laity also require the following.
c) The statute of limitations for chargeable offenses shall be six years from the time of the event to the filing of the complaint. This statute also applies for complaints of incompetence and ineffectiveness. In order for allegations concerning events that took place prior to the statute of limitations to be cited for the sake of developing a pattern, they must be included in the original complaint. In either case, additional allegations brought in the course of following these grievance procedures must be brought as new complaints unless the respondent is willing to accept their introduction.
2. Procedures.--a) Persons feeling that a lay or clergy person has violated the covenant relationships and/or order of the Church or has shown ineffectiveness or incompetency must submit a complaint in writing to the proper authority: the superintendent for a lay person, diaconal minister, or pastor; the bishop for a superintendent; or the Jurisdictional Episcopacy Committee chairperson for a bishop. The written complaint must contain the grounds (the date, place, specifics of events alleged to have taken place, and portion of the Discipline violated, where necessary) for requesting removal.
b) Filing of a Complaint.--The one in authority receiving the complaint shall seek information immediately about the following:
(1) The one in authority shall be sure that the person bringing the complaint (complainant) has attempted to reconcile the matter directly with the accused person (respondent) prior to the filing of the complaint (Matthew 18:15).
(2) The one in authority shall be sure that the complaint has not already been resolved through a church committee, the Staff-Parish Relations Committee, Personnel Committee, or other group in the church or conference (¶¶ 270.2, 735.3, and 759.4).
(3) The one in authority shall be sure that the complaint has not already been resolved in a session involving the complainant, the respondent, and a person or persons mutually respected by both (Matthew 18:16).
(4) The one in authority shall examine the complaint to be sure it meets the following criteria: that it contains time, place, etc.; that supporting documents verifying the allegations are included; that the complaint comes from a witness to the events so that the complaint is not hearsay; that the complaint and supporting documentation provide "clear and convincing evidence" for both chargeable offenses and incompetency and ineffectiveness (in the latter, supporting letters or complaints from a second witness besides the original complainant are also required); that the events occurred within the statute of limitations; and that the charges are not trivial but of sufficient substance to merit removal from ministry or office in The United Methodist Church.
(5) Only if all of the above efforts have been made and criteria met shall the one in authority file the complaint for the purpose of continuing within these grievance procedures. The one in authority has the power to drop the complaint if it fails to meet the above steps and criteria or to remand the complaint to the complainant so that the proper steps and criteria can be attempted in order to bring about reconciliation. The complainant shall be informed of the decision.
(6) If the one in authority is satisfied that sincere efforts have been made toward reconciliation or attempted under a)(1)-(4) above, and presuming that the respondent is innocent, then within one week the one in authority shall send the complaint and the documentation to the respondent with encouragement to obtain an advocate, who may be a lawyer. If the matter may have civil or criminal consequences, the respondent may have legal counsel in addition to an advocate knowledgeable about Church law. The respondent shall be allowed twenty days to find an advocate and to prepare a written response, including any supporting documentation. With the response in hand, the one in authority then has the discretion to drop the complaint or move it forward. If the complaint is dropped, the one in authority shall immediately contact both parties and state the grounds for the matter being dropped. If the respondent confesses to some or all of the complaint, the process shall also go forward to see if a voluntary resolution can be obtained through consultation or mediation among the parties.
c) Consultation.--(1) The one in authority may either interview the respondent about the complaint or send a clergy member to interview him/her. In setting up the following interviews, the one in authority shall encourage both the grievant and respondent to have advocates present. The interviews shall cover the complaint; the respondent's side of the story; careful delineation of the procedure under which this complaint is being handled, and the procedures related to appeal (see 2d below); the options available through the Church for continuing education, psychotherapy, or other remedial possibilities that could resolve the concern; and options for making changes. For laity that could include attending another church, taking a vacation, giving up office, etc. For clergy it could include transfer to another congregation, conference, or denomination, sabbatical leave, leave of absence, early retirement, disability, etc.; actions that can be taken with the complainant (such as seeking reconciliation, mediation, filing counter-grievances); and the various appeals processes. Within that week, those bringing the complaint shall also receive the same information in an interview with the one in authority or designated clergy member. The two parties may voluntarily resolve the complaint by mutual agreement, or either may wish to proceed to the next step.
(2) Based on the results of the interviews, the one in authority shall bring the respondent and the complainant together in a consultation in the hope of determining a resolution to the grievance. The one in authority, other clergy member, or trained mediator, whoever is respected by both sides, shall conduct the session in the hope of achieving reconciliation, that is, some kind of resolution voluntarily accepted by the parties involved. Even if there is no resolution, the complaint may be corrected or modified according to the facts stipulated by the parties involved.
d) Hearing.--(1) If these reconciling efforts fail, the complaint as modified and supporting materials shall be immediately sent to the respondent and complainant and be forwarded to the appropriate review committee. For lay persons, the lay officers of the district will seek seven lay persons from churches in the district to act in this capacity. For pastors and superintendents, the committee (including no members of the board of Ordained Ministry or Cabinet) shall be a group of seven pastors plus three alternates nominated by the conference Nominating Committee and elected by the annual conference. For bishops, the Jurisdictional Committee on Review will be used, except that no other bishops shall be on the committee (see ¶ 513.5). For diaconal ministers, the Review Committee of the conference may be used unless there are enough diaconal ministers in the jurisdiction who are not members of a Board of Diaconal Ministry to gather seven to act in this capacity. The convener shall be elected by the committee at the meeting where the group is chosen.
(2) The Review Committee shall meet within two weeks after the chairperson has received the complaint as modified and the supporting materials. A quorum shall be seven. Procedural matters shall be worked out before the meeting by the convener in consultation with the parties and their advocates/counsels.
(3) The committee shall meet with the respondent and the complainant. The respondent and the complainant shall each have advocates of their choice. If the complainant fails to attend after proper notice and with no reason acceptable to a majority of the committee, the matter shall be dropped. If the respondent fails to attend after proper notice and with no reason acceptable to a majority of the committee, the hearing may proceed. The hearing may be postponed upon a majority vote of the committee in order to bring the parties together, or for other good reason.
(4) The hearing shall be conducted informally, with the committee having the authority to call witnesses who were present at any of the alleged events specified in the complaint. Other allegations of similar events may not be considered if they have not been included in the complaint originally sent to the respondent. The statute of limitations applies to all complaints before the Committee. But no fewer than two witnesses (including the complainant but not the respondent) to any particular event are required to allow the committee to consider any event included in a complaint alleging incompetence or ineffectiveness against a pastor. The committee must allow the respondent to bring witnesses, which may require additional meetings before the committee is able to make an informed recommendation. While the hearing is informal, a transcript shall be made.
(5) If five of the seven Review Committee members vote to recommend that the respondent, if a diaconal minister or clergy person, be suspended (relieved of duty but kept at full salary, housing, and all other normal pastoral support), based on their determination that harm might be done to the charge (district for a superintendent, or conference for a bishop) or to the respondent, the one in authority shall make those arrangements. Lay respondents may be relieved of office and/or may be requested (though not required) to stay away from the church during the suspension. The suspension may last up to sixty (60) days and may be extended by the committee's majority vote upon request of the respondent, person in authority, or complainants as often as necessary if the committee so votes, unless the proper body or judicial process authorizes a change. Upon new information, the committee may drop the complaint and immediately restore the diaconal minister or clergy person to appointment or laity to office. The complainant may end the suspension at any time by dropping the complaint. The respondent may end the suspension by choosing a change in church or conference relations.
(6) Upon their investigation of the complaint, it may become evident to the committee that one or both sides or even the one in authority have caused harm or violated the Discipline. Therefore, the committee, on majority vote, has the authority to recommend for the respondent, for the complainant, and for the one in authority any or several of the following: (a) the complaints be dropped; (b) remedial work or continuing education to improve needed skills; (c) psychotherapy or other appropriate healing program; (d) a vacation up to a month in length to be taken as soon as possible; (e) career evaluation; (f) private reprimand; (g) peer support and supervision; (h) change of appointment, if clergy; (i) change of conference relations, if clergy, including sabbatical leave, disability, removal from probation, early retirement, honorable location, or surrender of ministerial office; (j) change of office, if lay person, including removal from elected office in the church, suspension from elected office for a period of time determined by the committee, or termination of church membership; (k) charges be prepared and signed by the complainant indicating which specifications have substance.
(7) The committee shall make its recommendations known to the respondent, the complainant, and the one in authority immediately upon their decision. Within a week, the one in authority shall meet with the respondent, the complainant, and their advocates at a time and place convenient to all parties in order to discuss the recommendations. They may postpone the meeting by mutual agreement. The committee may send someone to participate in the meeting. If no further resolution is worked out voluntarily among them within fifteen (15) days, the recommendations shall then be forwarded to the bishop, or to the Jurisdictional Episcopacy Committee chairperson if the respondent is a bishop.
(8) The respondent has twenty days from the time the recommendations are forwarded to decide whether to withdraw under charges, request trial under ¶ 2626, or allow the matter to proceed to the responsible body.
3. Disposition.--a) If the respondent chooses withdrawal, he/she shall do so in writing to the one in authority. If the respondent chooses one of the other options, the one receiving the charges shall appoint a clergy member, who may be the complainant's advocate, to be counsel for the Church on behalf of the complainant. If the charge is against the bishop, the Jurisdictional Committee on Episcopacy chairperson shall select a clergy member from a conference never served by the bishop and not on the Jurisdictional Episcopacy Committee to be counsel for the Church on behalf of the complainant.
b) If trial is chosen, the request for trial is to be sent the person in authority, to the complainant, and to any other person authorized by the Discipline. The right to trial with its rights and restrictions under ¶¶ 2623 is available for all who request it, including those who admit to the complaint but contest the recommendation of the Review Committee. The right of trial may not be abridged by the refusal of anyone in authority to admit that there are any complaints or charges against the respondent. The conference has the obligation to be sure that the charges and specifications as modified during the grievance procedure are forwarded. A trial may not be requested if the respondent withdraws or chooses to go before the body responsible for them.
c) If the respondent chooses to go before the responsible body, they shall be handled as follows:
(1) Recommendations about a diaconal minister (¶ 308), superintendent or clergy person (¶¶ 36, 704.4) are to be forwarded to the annual conference for action at their next session or at a special session called for this purpose.
(2) Recommendations about a bishop are to be referred to the Jurisdictional Episcopacy Committee (¶ 623) for action at their next session or at a special session called for this purpose.
(3) Recommendations about a lay person are to be handled by charge conference (¶ 230) for a church member for action at their next session or at a special session called for this purpose.
d) If the person under complaint requests it, notice of the particulars of the complaint and the respondent's answers must be sent to all the body's voting members at least thirty days prior to the body's meeting.
e) Procedures.--(1) During the session, chaired by the president of the group, the recommendation of the Review Committee shall be considered. A transcript shall be taken. The respondent's advocacy team and the Church's counsel team shall have the right to call witnesses and cross-examine during the hearing. The body must allow time for fair consideration of the recommendation and both sides of the complaint. The Review Committee may send someone to represent them at the hearing. Members of the body have the right to question the parties involved. Votes are by secret ballot.
(2) If the recommendation is supported by the body, it shall go into effect when the body decides it shall begin. The body also has the right to modify the recommendation or to drop it or order any of the other options listed above in 2d(6).
4. Appeal.--a) Appeal of a withdrawal may be made to the body responsible for the respondent, on the grounds of questions of law, defects of proceedings, and/or weight of evidence. The respondent must notify the one in authority in his/her case and the president of the responsible body at least sixty days prior to the body's meeting in order to allow the respondent to request notice of particulars of the complaint to be sent out to the body's members and to allow the respondent to prepare materials to accompany them.
b) Appeal of a church trial will follow ¶ 2627.
c) Appeal of the body's action may be made by the accused to the Judicial Council on questions of law, defects of proceedings, or weight of evidence. Appeal must be made to the president of the Judicial Council within ten days of the body's decision. The council shall be responsible to answer each of the objections raised in the appeal.
5. Reconciliation.--Everyone involved shall have the responsibility of trying to reconcile the matters throughout all proceedings. Reconciliation will be to seek a voluntary resolution satisfactory to all parties but may not be used to impede them.
General Conference Webmaster: Susan Brumbaugh
PETS Creator: John Brawn
Petition Text: 22395-GJ-2625-D
1996 United Methodist General Conference