Founded in the gospel call to faithfulness, and as set forth in this Transitional Book of Doctrines and Discipline, ordination in the Global Methodist Church and membership in an annual conference is a sacred trust. As such, individual clergy, whether in active ministry, honorable or administrative location, or in senior status, are accountable to the whole church for their behavior and actions as long as they hold orders within the denomination. Similarly, numerous passages within the New Testament remind us of the sacred call given to all those in the church to watch over one another in love, stirring each to faithfulness and sanctification. Individuals accused of violating the canons of this covenant shall thus be subject to a review aimed at a just resolution of such complaints, in the hope that God’s work of justice, reconciliation, and healing may be realized in the body of Christ. The provisions that follow shall govern this accountability process during the time between the forming of the Global Methodist Church and the effective date of any legislation passed by the convening General Conference designed to replace them.
The Transitional Leadership Council shall approve the Judicial Practices and Procedures (JPP) that govern the complaint, supervisory, administrative, and judicial processes. Such JPP shall have the force of church law, but not be included in the Transitional Book of Doctrines and Discipline. In the event of a conflict between the Transitional Book of Doctrines and Discipline and the JPP, the Transitional Book Doctrines and Discipline shall govern.
The process of accountability is initiated when a formal complaint is filed. A complaint is a written and signed statement alleging misconduct as defined in ¶ 808.1-2 (a judicial complaint) or unsatisfactory performance of ministerial duties (an administrative complaint, ¶¶ 806- 807). If the complaint is against a bishop, the complaint shall be submitted to the chair of the Transitional Leadership Council. If the complaint is against a pastor, the complaint shall be submitted to that pastor’s presiding elder (district superintendent) and bishop (or to a president pro tempore in the absence of an assigned bishop). If the complaint is against a local church member, the complaint shall be submitted to the presiding elder (district superintendent) over that local church. The person authorized to receive the complaint or their designee shall handle the complaint throughout its process. Upon receiving a complaint, the duly authorized recipient shall describe the complaint process in writing both to the person making the complaint (“complainant”) and the person against whom the complaint is made (“respondent”). As the complaint process progresses, the duly authorized recipient of the complaint shall continue to describe in writing to the complainant and recipient new parts of the process in a timely fashion. All original time limitations may be extended only once for 30 days upon the consent of the complainant and the respondent.
Complaints may be resolved during the supervisory response stage by a just resolution. A just resolution is one that focuses on repairing any harm to people and communities, achieving real accountability, making things right in so far as possible, and bringing healing to all the parties. With the agreement of all parties to the complaint, the assistance of a trained, impartial third-party facilitator(s) or mediator(s) may be utilized to seek a just resolution satisfactory to all parties. Special attention should be given to ensuring that cultural, racial, ethnic and gender contexts are valued throughout the process in terms of their understandings of fairness, justice, and restoration. A resolution of the complaint at the supervisory response level shall involve a written statement of the allegations, a list of all parties to the complaint, determination of facts, elucidation of context, and plan of action or agreed penalty to address the allegations, including follow-up accountability. Any just resolution that involves an allegation of disobedience to a provision of the Transitional Book of Doctrines and Discipline shall include a commitment by the respondent to abide by all applicable disciplinary requirements, including those alleged to have been violated. Such a resolution shall not be imposed, but must be voluntarily agreed to and signed by all parties to the complaint, including as a minimum the complainant, the respondent, and the person authorized to receive the complaint (¶ 803). Such a resolution shall be placed in the respondent’s personnel file. A just resolution agreed to by all parties shall be a final disposition of the related complaint.
As a part of the holy covenant that exists within the membership and organization of the Global Methodist Church, the following procedures protect the rights of individuals and the church in administrative and judicial processes. The principles set forth in this paragraph shall be followed whenever there is an administrative or judicial complaint. Special attention shall be given to the timely disposition of all matters and to ensuring racial, ethnic, and gender diversity in the committees dealing with complaints.
1. Right to Be Heard. The person authorized to receive the complaint or their designee, the complainant, and the respondent shall have a right to be heard before any final action is taken at any stage in the process.
2. Right to Notice. The respondent and complainant have the right to notice of any hearing with sufficient detail to allow the respondent to prepare a response. Notice shall be given not less than twenty (20) days prior to the hearing.
3. Right to Presence and Accompaniment. The respondent and the complainant shall have a right to be present at all hearings and the right to be accompanied to any hearing by a support person with the right to voice. The support person shall be a member of the Global Methodist Church. Under no circumstances shall the church award compensation for or reimbursement of any expenses or fees associated with the respondent’s or complainant’s use of an attorney.
4. Access to Records. The respondent shall have access, at least ten (10) days prior to any hearing, to all records to be relied upon in the determination of the outcome of the process, including the written texts of the complaints themselves.
5. Ex Parte Communication. Under no circumstances shall one party, in the absence of the other party, discuss substantive issues with members of the body hearing the pending matter, or with each other, with the exception of ¶ 805.6. Questions of procedure may be raised with the presiding officer of the hearing body, with the answers shared with all parties.
6. Failure to Respond. In the event that a respondent fails to appear for supervisory interviews, refuses mail, refuses to communicate personally with the person handling the complaint or their designee, or otherwise fails to respond to supervisory requests or requests from official committees, such actions or inactions shall not be used as an excuse to avoid or delay any church processes, and such processes may continue without the participation of such individual.
7. Healing. As a part of the accountability process, the bishop and cabinet, in consultation with the presiding officer of the hearing, trial, or appellate body hearing the pending matter, shall provide resources for healing if there has been significant disruption to the congregation, the annual conference, or the context of ministry by the matter. Resources for healing shall include communication about the complaint and the process and the release of as much information as possible, without compromising the process.
8. Double Jeopardy. No person shall be subject to double jeopardy. This means, barring new compelling information or facts, no complaint shall be accepted for the same alleged offenses based on the same set of facts, when a similar complaint has already been adjudicated via just resolution or final action by an administrative or judicial body. For this paragraph, “new compelling information or facts” means information or facts not introduced in the original judicial or administrative process that more likely than not would affect the findings of the hearing body. This does not preclude filing a new complaint for new instances of the same offense.
9. Immunity From Prosecution – To preserve the integrity of the church’s process and ensure full participation at all times, the chair of the Transitional Leadership Council, the bishop, president pro tempore, cabinet, Board of Ministry, witnesses, support persons, counsel, administrative review committee, clergy voting in executive session, and all others who participate in the church’s process shall have immunity from prosecution of complaints brought against them related to their role in a particular process, unless they have committed a chargeable offense in conscious and knowing bad faith. The complainant/plaintiff in any proceeding against any such person related to their role in a particular judicial process shall have the burden of proving, by clear and convincing evidence, that such person’s actions constituted a chargeable offense committed knowingly in bad faith. The immunity set forth in this provision shall extend to civil court proceedings, to the fullest extent permissible by the civil laws.
10. Counsel for the Church – No person who was a member of the Transitional Leadership Council, cabinet, conference staff, Board of Ministry, or committee on investigation on or after the date of the alleged offense shall be appointed counsel for the Church or serve as counsel for the respondent or any of the persons bringing complaints in a case. By agreeing to serve, the counsel for the Church signifies his or her willingness to uphold the requirements of Church law and the Transitional Book of Doctrines and Discipline. Counsel for the Church shall represent the interests of the Church in pressing the claims of the person making the complaint.
An administrative complaint involves allegations of the unsatisfactory performance of ministerial duties through incompetence, ineffectiveness, or unwillingness or inability to perform such duties. Allegations of professional or personal misconduct shall not be handled through an administrative complaint but through the provisions of ¶ 808.1-2. Administrative complaints may be filed by laypersons who are within the scope of a respondent’s ministry, other clergy familiar with the respondent’s ministry, the presiding elder (district superintendent), or the bishop. The complaint shall contain specific examples of unsatisfactory performance, including at least approximate dates and times (if appropriate).
1. Processing of an administrative complaint shall be governed by the JPP 2 and 3, and shall include an administrative supervisory response, which shall be followed, if warranted, by an investigative response, an administrative review, and an appeal.
2. There shall be an administrative review committee in every annual conference composed of three ordained clergy and two alternates who are not members of the cabinet, the Board of Ministry, or immediate family members of the above. Committee members must be in good standing and must be of good character. The committee shall be nominated by the bishop and elected by the clergy session of the annual conference. Its only purpose shall be to ensure that the disciplinary procedures for resolving a substantiated administrative complaint are properly followed as per the requirements of the JPP 2 and 3, and fair process (¶ 805).
3. Expenses. All expenses for the administrative process for clergy shall be borne by the annual conference, except for travel and other expenses of the respondent and their support person.
An administrative complaint involves allegations of the unsatisfactory performance of ministerial duties through incompetence, ineffectiveness, or unwillingness or inability to perform such duties. Allegations of professional or personal misconduct shall not be handled through an administrative complaint but through the provisions of ¶ 808.1-2. Administrative complaints may be filed by laypersons, clergy, and presiding elders in the annual conference in which the bishop is serving, the conference committee on episcopacy, or another bishop. The complaint shall contain specific examples of unsatisfactory performance, including at least approximate dates and times (if appropriate). The supervisory process shall be administered by the chair of the Transitional Leadership Council or their designee. All expenses for the administrative process for complaints involving bishops shall be borne by the general church. The process for an administrative complaint against a bishop shall be governed by JPP 3.
A judicial complaint involves allegations of misconduct as enumerated in the chargeable offenses below. Such complaints may be filed by any layperson or clergy person, a presiding elder (district superintendent), or a bishop. The complaint shall contain specific allegations of misconduct, including at least approximate dates and times (if appropriate).
1. Chargeable Offenses – A bishop or clergy member of an annual conference, including senior clergy and clergy on honorable or administrative location, may be tried when charged (subject to the statute of limitations listed below) with one or more of the following offenses:
a. Conviction or admission of guilt in criminal activities, including but not limited to child or elder abuse, theft, or assault;
b. Fiscal malfeasance or gross financial mismanagement;
c. Racial, gender, or sexual discrimination or harassment;
d. Promoting or engaging in doctrines or practices, or conducting ceremonies or services, that are not in accord with those established by the Global Methodist Church;
e. Disobedience to the order and discipline of the Global Methodist Church;
f. Relationships and/or behavior that undermines the ministry of another pastor;
g. Engaging in sexual activities outside the bonds of a loving and monogamous marriage between one man and one woman, including but not limited to sexual abuse or misconduct, the use or possession of pornography, or infidelity.
2. A professing member of a local church may be charged (subject to the statute of limitations listed below) with the following offenses:
a. Conviction or admission of guilt in criminal activities, including but not limited to child or elder abuse, theft, or assault;
b. Fiscal malfeasance or gross financial mismanagement;
c. Racial, gender, or sexual discrimination or harassment;
d. Promoting or engaging in doctrines or practices that are not in accord with those established by the Global Methodist Church;
e. Disobedience to the order and discipline of the Global Methodist Church;
f. Relationships and/or behavior that undermines the ministry of a pastor;
3. Statute of Limitations – No judicial complaint or charge shall be considered for any alleged occurrence that shall not have been committed within six years immediately preceding the filing of the original complaint. Notwithstanding the foregoing, in the case of allegations of sexual or child abuse or crime involving allegations of sexual or child abuse, there shall be no statute of limitation. Time spent on leave of absence shall not be considered as part of the six years.
4. Time of Offense – A person shall not be charged with an offense that was not a chargeable offense at the time it is alleged to have been committed. Any charge filed shall be in the language of the Transitional Book of Doctrines and Discipline in effect at the time the offense is alleged to have occurred, except in the case of sexual or child abuse or crime involving sexual or child abuse. Then it shall be in the language of the Transitional Book of Doctrines and Discipline in effect at the time the charge was filed. Any charge must relate to an action listed as a chargeable offense in the Transitional Book of Doctrines and Discipline.
5. If the respondent is a bishop, the chair of the Transitional Leadership Council shall make the conference episcopacy committee where the bishop presides (if any) and all active bishops aware of the complaint and keep them apprised of its progress.
1. The purpose of the judicial supervisory response is to, so far as possible, establish facts, consider circumstances and explanations, determine if there is an issue that merits action, and arrive at a resolution of the complaint that restores compliance and redresses any harms resulting from a violation. Processing of a judicial complaint shall be governed by JPP 4. If the respondent is a bishop, the supervisory process shall be administered by the chair of the Transitional Leadership Council or their designee (¶ 811.1). The supervisory response shall result in one of three possible outcomes, including the dismissal or resolution of the complaint or a referral to the committee on investigation (JPP 4.4).
2. Suspension. To avoid harm to the church or ministry setting or to the respondent, the chair of the Transitional Leadership Council with the affirmative vote of a majority of the Transitional Leadership Council (if the respondent is a bishop) or the bishop with the affirmative vote of a majority of the cabinet (if the respondent is clergy) may suspend the respondent from all ministry responsibilities during the supervisory and investigative process for a judicial complaint. The respondent retains all rights and privileges, including continuation of housing, salary, and benefits, while suspended from ministerial duties, provided, however, that they shall not interfere with an interim bishop or pastor appointed to carry out their duties while they are suspended. If the judicial complaint does not proceed to trial, the respondent’s suspension must be lifted at that time.
1. When respondent is a bishop—The Transitional Leadership Council shall appoint a global committee on investigation as provided in JPP 5.
2. When the respondent is a clergy person — Each annual conference shall elect a committee on investigation to consider judicial complaints against clergy members of the annual conference in accordance with ¶ 612.5.
3. When respondent is a layperson—In all cases, the pastor or presiding elder should take pastoral steps to resolve any complaints (JPP 4). If such pastoral response does not result in resolution and a written complaint is made against a professing member for any of the offenses in ¶ 808.2, the presiding elder (district superintendent) and the district lay leader (if any), shall appoint a committee on investigation consisting of four professing members and three clergy in full connection to serve only for this complaint. Both clergy and professing members must come from other congregations, exclusive of the churches of the respondent or the complainant. Committee members must be in good standing and must be of good character. The committee should reflect racial, ethnic, and gender diversity. Five members shall constitute a quorum.
1. When the respondent is a bishop
a. The chair of the Transitional Leadership Council or their designee shall handle the supervisory response as per the JPP 4.2. If a just resolution is not agreed to and the complaint is not dismissed, the chair or their designee shall notify all active bishops and the relevant conference episcopacy committee (if any) of the existence and nature of the complaint and appoint counsel under JPP 6.1.
b. If six or more members of the committee on investigation so recommend, the Transitional Leadership Council may suspend the respondent, with continuation of housing, salary, and benefits, from all episcopal duties and responsibilities pending the conclusion of the trial process
2. When the respondent is a clergy person
a. If a just resolution is not agreed to and the complaint is not dismissed, the bishop shall notify the pastor-parish relations committee of the existence and nature of the complaint. Within thirty (30) days, the bishop shall appoint an elder within the annual conference in which the alleged violation took place who shall serve as counsel for the Church under JPP 6.2.
b. If five or more members of the committee on investigation so recommend, the bishop may suspend the respondent, with continuation of housing, salary, and benefits, from all duties and responsibilities relating to their appointment pending the conclusion of the trial process. The respondent retains all rights and privileges as a member of the annual conference while suspended from pastoral duties, provided, however, they shall not interfere with an interim pastor appointed to carry out their duties while they are suspended.
3. When the respondent is a layperson
a. If a just resolution is not agreed to and the complaint is not dismissed, the presiding elder (district superintendent), shall within thirty (30) days appoint a Global Methodist Church clergy or layperson to serve as counsel for the church under JPP 6.3.
b. If five or more members of the committee on investigation so recommend, the pastor or presiding elder (district superintendent) may suspend the respondent from exercising any church office pending the conclusion of the trial process.
1. Introduction – The role of the committee on investigation is to conduct an investigation into the allegations made in the judicial complaint and to determine if reasonable grounds exist to bring a bill of charges and specifications to trial. Reasonable grounds is defined as sufficient reason based on the known facts to believe that a chargeable offense has been committed. If so, it shall prepare, sign, and certify a bill of charges and specifications. The committee’s duty is only to determine whether reasonable grounds exist to support the charges. It is not the committee’s duty to determine guilt or innocence.
2. The investigation process shall be administered according to the provisions of the JPP 7.
1. Fundamental Principles for Trials – Church trials are to be regarded as an expedient of last resort. Only after every reasonable effort has been made to correct any wrong and adjust any existing difficulty should steps be taken to institute a trial. No such trial as herein provided shall be construed to deprive the respondent or the Church of legal civil rights, except to the extent that immunity is provided as in ¶ 805.9. All trials shall be conducted according to the Transitional Book of Doctrines and Discipline in a consistent Christian manner by a properly constituted court after due investigation. Trials shall be administered under the provisions of the JPP 8-13.
1. In the trial of a bishop, the chair of the Transitional Leadership Council shall proceed to convene the court under the provisions of the JPP 9 and 11.
2. In the trial of a clergy member, the bishop of the respondent shall proceed to convene the court under the provisions of the JPP 9 and 12.
3. In a trial of a lay member, the presiding elder (district superintendent) of the respondent shall proceed to convene the court under the provisions of the JPP 9 and 13.
1. Instruction, Disqualification, Voting, and Verdicts – The trial court shall have full power to try the respondent. The trial court shall be a continuing body until the final disposition of the charge. If any regular or alternate member of the trial court fails to attend any part of any session at which evidence is received or oral argument is made to the trial court by counsel, that person shall not thereafter be a member of the trial court, but the rest of the trial court may proceed to judgment.
2. Votes – A vote of at least nine members of the trial court is required to sustain the charge(s) and nine votes also shall be required for conviction, unless the number of the trial court falls below thirteen. (In that case, a two-thirds vote shall be required.) Fewer than nine votes for conviction shall be considered an acquittal. In order to be sustained, the church must establish each specification and the charge by clear and convincing evidence. In order for evidence to be clear and convincing, the evidence provided to the trial court must demonstrate that the specification is highly and substantially more likely to be true than untrue. The trial court shall present to the presiding officer a decision on each charge and each individual specification under each charge. Its findings shall be final, subject to appeal to the committee on appeals.
3. Penalties – If the Trial Results in Conviction – Further testimony may be heard and arguments by counsel presented regarding what the penalty should be. The trial court shall determine the penalty, which shall require a vote of at least seven members. (If the number of the trial court falls below thirteen, a majority vote shall be required.) The trial court shall have the power to remove the respondent from professing membership, terminate the conference membership, and revoke the credentials of conference membership, ordination, or consecration of the respondent, suspend the respondent from the exercise of the functions of office (with or without pay, if applicable) for a defined period of time, or fix a lesser penalty. The trial court shall determine whether a bishop or clergy person suspended from office as a penalty for a defined period of time shall have any continuation of housing, salary, and benefits during such suspension. The penalty fixed by the trial court shall take effect immediately unless otherwise indicated by the trial court. Should any penalty fixed by a trial court be altered or reduced as a result of the appellate process, the respondent shall be restored and/or compensated as appropriate by the general church if a bishop and by the annual conference if clergy, provided that in no instance and under no circumstances shall the respondent be entitled to receive an award of compensation for or reimbursement of any expenses or fees associated with the respondent’s use of an attorney.
1. In all cases of appeal, the appellant shall give written notice of appeal within thirty (30) days of the verdict and announcement of penalty by the trial court or the issuance of a written decision of an appellate body other than the Connectional Council on Appeals. At the same time the appellant shall furnish to the officer receiving such notice (JPP 14.2) and to the counsel for the opposing party a written statement of the grounds of the appeal. The hearing in the appellate body shall be limited to the grounds set forth in such statement.
2. When any appellate body shall reverse in whole or in part the findings of a committee on investigation or trial court, or remand the case for a new hearing or trial, or change the penalty imposed by the trial court, it shall return to the convening officer a statement of the grounds of its action, which shall also be copied to the respondent, complainant, and counsel for the church.
3. An appeal shall not be allowed in any case in which the respondent has failed or refused to be present in person or by counsel at the investigation and the trial. Appeals shall be heard by the proper appellate body unless it shall appear to the said body that the appellant has forfeited the right to appeal by misconduct, such as refusal to abide by the findings of the trial court; or by withdrawal from the Church; or by failure to appear in person or by counsel to prosecute the appeal; or, prior to the final decision on appeal from conviction, by resorting to suit in the civil courts against the complainant or any of the parties connected with the ecclesiastical court in which the appellant was tried.
4. The right of appeal, when once forfeited by neglect or otherwise, cannot be revived by any subsequent appellate body.
5. The right to prosecute an appeal shall not be affected by the death of the person entitled to such right. Heirs or legal representatives may prosecute such appeal as the appellant would be entitled to do if living.
6. The records and documents of the trial, including the evidence, and these only, shall be used in the hearing of any appeal.
7. The appellate body shall determine two questions only:
a. Were the charge(s) sustained by clear and convincing evidence?
b. Were there such errors of Church law as to vitiate the verdict and/or the penalty?
These questions shall be determined from the records of the trial. The appellate body shall in no case hear witnesses, but shall receive and/or hear argument of the counsel for the Church and respondent. It may have legal counsel present, who shall not be the conference chancellor for the conference from which the appeal is taken, for the sole purpose of providing advice to the appellate body.
8. In all cases where an appeal is made and admitted by the appellate committee, after the charges, findings, and evidence have been read and the arguments concluded, the parties shall withdraw, and the appellate committee shall consider and decide the case. It may reverse in whole or in part the findings of the committee on investigation or the trial court, or it may remand the case for a new trial to determine verdict and/or penalty. It may determine what penalty, not higher than that affixed at the hearing or trial, may be imposed. If it neither reverses in whole or in part the judgment of the trial court, nor remands the case for a new trial, nor modifies the penalty, that judgment shall stand, subject to possible appeal to the Connectional Council on Appeals. The appellate committee shall not reverse the judgment nor remand the case for a new hearing or trial on account of errors plainly not affecting the result. All decisions of the appellate committee shall require a majority vote.
9. In all cases, the right to present evidence shall be exhausted when the case has been heard once on its merits in the trial court, but questions of Church law may be carried on appeal, step by step, to the Connectional Council on Appeals (¶ 824.8-9).
10. The Church shall have no right of appeal from findings of fact of the trial court. The Church shall have a right of appeal to the committee on appeals and then to the Connectional Council on Appeals from findings of the committee on investigation or trial court based on egregious errors of Church law or administration that could reasonably have affected its findings. In this paragraph, “egregious errors of Church law or administration” refers to the misunderstanding, misinterpretation, misapplication, or violation (whether knowing or not) of Church law or judicial process as required by the Transitional Book of Doctrines and Discipline, with such errors more likely than not (in the judgment of the appellate body) affecting the findings of the trial court or committee on investigation. The committee on investigation’s decision not to certify a bill of charges does not alone constitute an egregious error of Church law or administration. When the committee on appeals shall find egregious errors of Church law or administration under this part, it may remand the case for a new hearing or trial on verdict and/or penalty, in which event it shall return to the chair of the committee on investigation or presiding officer of the trial court a statement of the grounds of its action. This action is not to be considered double jeopardy.
11. Questions of procedure may be raised with the presiding officer or secretary of the appellate body, with the answers shared with all parties. Under no circumstances shall one party in the absence of the other party discuss substantive matters with members of any appellate body while the case is pending (¶ 805.5, 805.6).
12. The appeal of a bishop or clergy member shall be administered according to the provisions of the JPP 14.
13. The appeal of a lay member shall be administered according to the provisions of the JPP 15.
1. The order of appeals on questions of law shall be as follows:
a. From the decision of the presiding elder (district superintendent) presiding in the charge or district conference to the bishop presiding in the annual conference and then to the Connectional Council on Appeals;
b. From the decision of the bishop presiding in the annual conference to the Connectional Council on Appeals;
c. From the bishop presiding in a regional conference to the Connectional Council on Appeals; and
d. From the bishop presiding in the General Conference to the Connectional Council on Appeals.
2. When a question of law is raised in writing during a session of a conference. It shall be the secretary’s duty to see that an exact statement of the question submitted and the ruling of the chair thereon shall be entered on the journal and minutes of the conference. The secretary shall then make and certify a copy of the question and ruling and transmit the same to the person or body to which an appeal is taken.
1. The order of appeals on procedures in an administrative process shall be as follows:
a. From the decision of the Board of Ministry investigative committee to the annual conference administrative review committee;
b. From the administrative review committee to the full Board of Ministry; and
c. From the full Board of Ministry to the clergy session.
d. Questions of law arising from an administrative process should be raised in the clergy session for ruling by the bishop and review by the Connectional Council on Appeals.
2. In all cases of such an appeal, the appellant shall within thirty (30) days give written notice of appeal and at the same time furnish to the officer receiving such notice a written statement of the grounds of appeal, and the hearing in the appellate body shall be limited to the grounds set forth in such statement.
3. The appellate body shall return to the convening officer of the administrative hearing and to the appellant a written statement of the grounds of its action, which shall also be placed in the appellant’s personnel file.
4. An appeal shall not be allowed in any case in which the respondent has failed or refused to be present in person or by counsel during the administrative hearing. Appeals shall be heard by the proper appellate body unless it shall appear to the said body that the appellant has forfeited the right to appeal by misconduct; by withdrawal from the Church; by failure to appear in person or by counsel to prosecute the appeal; or, prior to the final decision on appeal by resorting to suit in the civil courts against any of the parties connected with the ecclesiastical administrative process.
5. The right to appeal, when once forfeited by neglect or otherwise, cannot be revived by any subsequent appellate body.
6. The right to prosecute an appeal shall not be affected by the death of the person entitled to such right. Heirs of legal representatives may prosecute such appeal as the appellant would be entitled to do if living.
7. The records and documents of the administrative process, including any evidence, and these only, shall be used in the hearing of any appeal.
8. The appellate body shall determine one question only: Were there such errors of Church law or procedure as to vitiate the recommendation and/or action of the administrative body? The records of the administrative process and the arguments of the official representatives of all parties shall determine this question. The appellate body shall in no case hear witnesses. It may have legal counsel present for the sole purpose of providing advice to the appellate body.
9. If the appellate body determines that any error has occurred, it may recommend to the appropriate person or body that action be taken promptly to remedy the error, decide the error is harmless, or take other action. The appellate committee shall not reverse the judgment nor remand the case for a new hearing on account of error plainly not affecting the result. All decisions of the appellate committee shall require a majority vote.
10. In all cases, the right to present evidence shall be exhausted when the case has been heard once on its merits in the proper administrative hearing body, but the decision of the administrative hearing body may be appealed as outlined in ¶ 819.1. Questions on Church law may be raised in the clergy session and carried on appeal to the Connectional Council on Appeals (¶ 819.1d).
11. Questions of procedure may be raised with the presiding officer or secretary of the appellate body, with the answers shared with all parties. Under no circumstances shall one party in the absence of the other party discuss substantive matters with members of any appellate body while the case is pending.
1. Any clergy members residing beyond the bounds of the conference in which membership is held shall be subject to the procedures of ¶¶ 801-819 and the JPP exercised by the appropriate officers of the conference in which the alleged violation took place, unless the presiding bishops of the two annual conferences and the clergy member subject to the procedures agree that fairness will be better served by having the procedures carried out by the appropriate officers of the annual conference in which he or she is a member, or if the clergy person has elected senior status, where they are currently residing.
2. When a bishop or clergy member is the respondent to a complaint under ¶¶ 806-807 and desires to withdraw from the Global Methodist Church at any point in the process, the bishop or clergy member shall surrender his or her credentials and his or her name shall be removed from conference membership; in which case the record shall be “Withdrawn under complaint” or “Withdrawn under charges,” whichever is appropriate. If the person desires their credentials to be restored, they would first have to resolve the complaint, with the complaint process picking up at the point at which it ended when they withdrew. Time spent as “withdrawn under complaint or charges” does not count toward the statute of limitations (¶ 808.3).
3. When a professing member of the Global Methodist Church is charged with an offense and desires to withdraw from the Global Methodist Church at any point in the process, the charge conference may permit such member to withdraw his or her name from the roll of professing members, in which case the record shall be “Withdrawn under complaint.” If formal charges have been referred by a committee on investigation, such member may be permitted to withdraw, in which case the record shall be “Withdrawn under charges.” If the person desires to be restored as a professing member (or become a professing member in another local congregation of the Global Methodist Church), they would first have to resolve the complaint, with the complaint process picking up at the point at which it ended when they withdrew.
4. For procedural purposes, the judicial process shall be governed by the Transitional Book of Doctrines and Discipline and the JPP in effect on the date a complaint is forwarded to the counsel for the Church.
1. The Connectional Council on Appeals is the highest judicial body in the Global Methodist Church. The Council shall be composed of seven members. When the initial Council is elected by the convening General Conference, four members shall be clergy and three members shall be laity. A member’s term of office shall be six years. A member may serve a maximum of two consecutive six-year terms. The number of clergy and laity shall alternate every six years so that the clergy have the four members during one six-year term and the laity have the four members during the next six-year term. Members shall either be elders or laity who are professing members of the Global Methodist Church. Bishops shall be ineligible for election to the Council.
2. Interim Council Appointment. The Transitional Leadership Council shall appoint by majority vote the persons to serve on an interim Connectional Council on Appeals. Clergy and laity shall be appointed to serve as alternates in a number equal to the number to serve on the interim Connectional Council on Appeals. Alternates shall serve in their category at any session of the Council in the absence of a member of the Council in the order of their election. Members of the interim Council may be nominated to be elected by the convening General Conference. Any time served on the interim Council shall not count against term limits set by the convening General Conference.
3. Alternates. Clergy and laity shall be elected to serve as alternates in a number equal to the number to serve on the Connectional Council on Appeals during the ensuing six-year term. Alternates shall serve in their category at any session of the Council in the absence of a member of the Council in the order of their election. In the event a member of the Council cannot serve the balance of a term, the next elected alternate in the category impacted shall serve the balance of the term and such service shall not count against the maximum time of serving.
4. Expiration of Term. The term of office of the members of the Connectional Council on Appeals and of the alternates shall expire upon the adjournment of the General Conference at which their successors are elected.
5. Ineligibility. Members of the Connectional Council on Appeals shall be ineligible to serve as delegates to the General or any regional conferences, or to serve on any general, regional or annual conference board or commission.
6. Nominations. In advance of the convening General Conference, the Transitional Leadership Council shall nominate by majority vote a total of 21 persons representing the church’s geographic, ethnic, and gender diversity in the appropriate lay and clergy categories. On the first day of the General Conference, nominations of clergy or laity may be made from the floor. Name, annual conference membership and biographical information not to exceed 100 words shall be published for review by delegates to the General Conference at least forty-eight hours prior to the time of election. Election shall occur without discussion or debate, by ballot and majority vote.
1. Connectional Council on Appeals Rules of Practice & Procedure and Officers – The Connectional Council on Appeals shall provide its own rules of practice and procedure not in conflict with the provisions of the Transitional Book of Doctrines and Discipline, including the election of a President, Vice-President, and Secretary of the Council, who shall be elected by the members of the Council.
2. Time & Place of Meeting – The Connectional Council on Appeals shall meet at the time and place of the meeting of the General Conference and shall continue until the adjournment of that body, at least one other time in each calendar year, and at other times as the Council may deem appropriate, and at such places as it deems appropriate from time to time. Where necessary due to international or local conditions that prevent the physical assembling of the Council, it may, by a two-thirds vote, decide to meet via electronic or other digital means.
3. Quorum – Seven members or alternates duly seated shall constitute a quorum. One lay and one clergy alternate shall attend the meeting to be available in case of illness or recusal. An affirmative vote of at least five members or duly seated alternates shall be necessary to declare any act of the General Conference unconstitutional. On all other matters, a majority vote of the entire Connectional Council on Appeals shall be sufficient to arrive at a decision.
4. Docket – The secretary of the Connectional Council on Appeals shall publish a list of the matters which will be decided at any session at least thirty (30) days prior to the deadline for submission of briefs. The description of each matter pending shall be sufficient to enable persons who might file briefs to know the subject of the pending matter.
5. Public Access – Unless the Connectional Council on Appeals decides otherwise on a case- by-case basis, all materials filed with the Connectional Council on Appeals are matters of public record and are to be made available to clergy or members of the Global Methodist Church. The deliberations of the Council are private. The Council may schedule a hearing open to the public for the presentation of oral argument in any matter.
1. The Connectional Council on Appeals shall determine whether any act of the General Conference is in compliance with this Transitional Book of Doctrines and Discipline upon an appeal of one-fifth of the members of the General Conference present and voting, or by a majority of the Council of Bishops.
2. The Connectional Council on Appeals shall determine whether any proposed legislation is in conflict with this Transitional Book of Doctrines and Discipline when such a declaratory decision is requested by one-fifth of the members of the General Conference presenting and voting, or by a majority of the Council of Bishops.
3. The Connectional Council on Appeals shall determine whether any act of a regional or annual conference is in compliance with this Transitional Book of Doctrines and Discipline upon an appeal by a majority of the bishops of that regional conference or upon appeal by one-fifth of the delegates present and voting to that regional or annual conference.
4. The Connectional Council on Appeals shall determine the legality of any action taken by any body created or authorized by the General Conference or by any body created or authorized by a regional or annual conference upon appeal by one-fifth of the delegates presenting and voting of such General, regional or annual conference, or one-third of the governing members of the created or authorized body present and voting, or a majority of the Council of Bishops or the bishops of the regional conference wherein the action was taken.
5. The Connectional Council on Appeals may grant certiorari to determine the legality of any action taken by a body or agency created or authorized by the General, regional, or annual conference upon petition for certiorari by one-fifth of the delegates present and voting of any regional or annual conference.
6. The Connectional Council on Appeals may grant certiorari to render a declaratory decision as to the meaning, application, or effect of the Transitional Book of Doctrines and Discipline or any portion thereof or the legality, meaning, application, or effect of any act or legislation of a regional, or annual conference. Petitions for certiorari may be filed by (a) the General Conference upon the vote of one-fifth of the delegates present and voting, (b) the Council of Bishops upon the vote of a majority of the bishops present and voting, (c) any body created or authorized by the General Conference or a regional or annual conference on matters relating to or affecting the work of such body upon the vote of a majority of the body’s governing entity present and voting, and (d) a regional or annual conference upon the vote of one-fifth of its delegates present and voting, or (e) the regional college of bishops upon the majority vote of the bishops present and voting.
7. The Connectional Council on Appeals shall affirm, modify, or reverse the decisions of law made by bishops in annual, regional, or General Conference. No such episcopal decision of law shall be authoritative, except in the conference where it is made, until review by the Council has been completed.
8. The Connectional Council on Appeals may grant certiorari to review a decision of a committee of appeals of any regional or annual conference if it should appear that such decision may be at variance with the Transitional Book of Doctrines and Discipline, a prior decision of the Connectional Council on Appeals, or a decision of a committee on appeals of another regional or annual conference on a question of Church law.
9. The Connectional Council on Appeals shall have jurisdiction to hear and determine all appeals from a regional appeals committee on a judicial matter (JPP 14.1 and 15.5).
10. During the period after the legal formation of the Global Methodist Church until the convening General Conference, the interim Connectional Council on Appeals may grant certiorari to render a declaratory decision as to the meaning, application, or effect of the Transitional Book of Doctrines and Discipline or any portion thereof or the legality, meaning, application, or effect of any act of Transitional Leadership Council or of proposed legislation upon request by a majority vote of the Transitional Leadership Council.
11. During the period after the legal formation of the Global Methodist Church until the convening General Conference, the interim Connectional Council on Appeals shall have jurisdiction upon any of the items 1-9 above as requested by the appropriate body in each item, except that the majority vote of the Transitional Leadership Council shall substitute for the request of the General Conference in each relevant item.
Certiorari is discretionary and is granted upon the affirmative vote of three members of the Connectional Council on Appeals.
All decisions of the Connectional Council on Appeals are final. Decisions shall immediately be delivered to the parties of interest in each matter and be published electronically for public review.
The decisions of predecessor Methodist bodies such as the Judicial Councils of The Methodist Church and of The United Methodist Church may be cited in arguments before the Connectional Council on Appeals but shall only have precedential value to the extent determined by the Connectional Council on Appeals.