1992 Book of Discipline: ¶ 454

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Section VIII. Changes of Conference Relationships for Full, Probationary, and Associate Members

454. Grievance Procedures--1. General Provisions. Ordination and membership in an annual conference in The United Methodist Church is a sacred trust. The qualifications and duties of local pastors, associate members, probationary members, and full members 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 person in any of the above categories, including those on leaves of all types, honorable or administrative location, or retirement, is accused of violating this trust, the membership of his/her 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 or district superintendent may receive or initiate grievances about the performance or character of a clergyperson. A grievance is a written and signed statement claiming misconduct or unsatisfactory performance of ministerial duties. The person filing the grievance and the clergyperson 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 clergyperson and may include consultation with the committee on pastor-parish relations for pastors, the district committee on superintendency for district superintendents, or appropriate personnel committee; 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 ordained 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 years immediately preceding the filing of the grievance (454.1 a) except in the case of sexual or child abuse. This six-year limitation shall be retroactive unless the matter was the subject of a prior grievance. In the case of sexual or child abuse there shall be no limitation. Complaints shall be filed with the chair of the board of ordained ministry, who shall forward the complaint to the joint review committee and the ordained minister against whom the complaint is lodged within ten days of receipt. In unusual circumstances, to protect the well-being of the church and/or clergy, the executive committee of the board of ordained ministry may recommend that the bishop suspend the person from all clergy responsibilities but not from an appointment for a period not to exceed sixty (60) days. During the suspension, salary, housing, and benefits provided by a pastoral charge will continue at a level no less than on the date of suspension. The person so suspended shall retain all rights and privileges as stated in 423. The cost of supply for the pastoral charge during the suspension will be borne by the Annual Conference.

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 board of ordained ministry members nominated by the chairperson, and three non-cabinet, non-board members in full connection, one nominated by the bishop and Cabinet and two by the board. One lay observer shall be appointed by the bishop annually. Two alternates shall be provided in each of the three categories. The alternates who are district superintendents shall be nominated by the bishop. The alternates who are members of the board of ordained ministry shall be nominated by the chairperson. The alternates who are non-Cabinet, non-board members shall be nominated, one by the bishop and Cabinet and the other by the board. All clergy members shall be elected annually by the executive session of clergy members in full connection with 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 ordained ministry all complaints and seek resolution of them. The 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. No verbatim record of the proceedings shall be made. 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. No legal counsel shall be present. However, should the ordained 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 ordained ministry for its consideration.

d) Disposition of Complaints--When a complaint has been received from the joint review committee, the board of ordained ministry shall develop a response based on the report of the joint review committee and the needs of the Church and the ordained minister. The board of ordained ministry may recommend remedial action, discontinuance, leave of absence, administrative location, 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 investigation for possible trial. The board's recommendation will be shared with the minister, the bishop, the Cabinet, and the complainant.

e) Remedial Action--In cooperation with the Cabinet and in consultation with the ordained minister, the board of ordained ministry may choose or recommend one or more of the following options for a program of remedial action, subject to regular oversight by the board and annual review:

(1) Program of continuing education (445)

(2) Leave of absence (448)

(3) Early retirement (452.2)

(4) Sabbatical leave (446)

(5) Honorable location (453)

(6) Surrender of ordained ministerial office (453.3)

(7) Personal counseling or therapy

(8) Program of career evaluation

(9) Peer support and supervision

(10) Private reprimand: A letter signed by the chairperson of the board of ordained ministry and the ordained minister's district superintendent, addressed to the minister with a file copy in the permanent file of the board of ordained ministry (706.6) stating the appropriateness of the complaint, the specific remedial action required, and the conditions under which the letter shall be withdrawn from the file and destroyed.

(11) Administrative location

f) Recommendation to Terminate Membership. The board of ordained ministry shall recommend the discontinuance of a probationary member in keeping with the provisions of 418. The board's recommendation to terminate the membership of an associate member or member in full connection 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 ordained minister, the bishop, and district superintendent of the recommendation and shall forward the recommendation to the executive session of the clergy members in full connection of the annual conference. The notice to the ordained minister shall also inform the minister of his/her right to elect trial (454.2) or withdraw under complaints (453.4). The recommendation of the board of ordained ministry shall be acted upon by the executive session of the clergy members in full connection with the annual conference unless the ordained minister shall choose withdrawal or trial. Such choice by the ordained minister must be made and notification of the choice sent to the bishop and the chairperson of the board of ordained ministry within ten (10) days following receipt of notice of the board's recommendation. If a full member or associate member is terminated, he/she shall no longer be permitted to exercise ordained ministerial functions and shall surrender his/her credentials to the district superintendent for deposit with the secretary of the conference, and the minister's membership transferred by the district superintendent to the local Church which he/she designates after consultation with the pastor.

If upon notice of a recommendation from the board of ordained ministry to terminate membership, a full member or associate member chooses trial, the board of ordained ministry shall submit the formal complaint as charges and other appropriate material to the committee on investigation.

2. By Trial--If a bishop or clergy member of an annual conference chooses trial, the procedures are provided for in 2626.52

3. Recommendation to Administrative Location--a) Upon recommendation of the board of ordained ministry, the annual conference may place members on administrative location when, in the judgment of the annual conference, members have demonstrated a pattern of being unable effectively and competently to perform the duties of itinerant ministry; provided that the annual conference shall have first examined their character and found them in good standing. The requirements of due process as set forth in Chapter 8 shall be followed in any administrative location procedure.

b) The board of ordained ministry shall notify the clergy member, bishop, and district superintendent of the recommendation to administrative location at least sixty (60) days before the opening of the next annual conference.

There will be an administrative review committee composed of three members and one alternate in full connection who are not members of the Cabinet, board of ordained ministry, or joint review committee. This committee shall be nominated by the bishop and elected quadrennially by the executive session of clergy members in full connection with the annual conference. Its purpose shall be to ensure that the disciplinary procedures for administrative location were properly followed. The entire process leading to the recommendation for administative location shall be reviewed by the administrative review committee and it shall report its findings to the executive session of clergy members in full connection with the annual conference.

The notice to the clergy member shall also inform the member of the right to a hearing before the bishop, Cabinet, and executive committee of the board of ordained ministry prior to the recommendation being forwarded to the executive session of the clergy members in full connection of the annual conference for consideration and action. Such choice by the ordained member must be made and notification of the choice sent to the bishop and the chairperson of the board of ordained ministry within thirty (30) days following receipt of notice from the board.53 The chairperson of the board of ordained ministry shall preside at such a hearing. The recommendation of the board of ordained minisry shall be acted upon by the executive session of the clergy members in full connection with the annual conference.

c) The provisions of 453.1b above apply to administrative location, except that a person on administrative location may not be given ad interim appointments by the bishop. Upon recommendation of the board of ordained ministry, an annual conference may offer financial assistance from conference resources in this transition.

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.

52See Judicial Council Decision 485.

53See Judicial Council Decisions 384, 485.

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1992 Book of Discipline: ¶ 454
1996 United Methodist General Conference