wfn.org | Judicial Council's fall docket poses new questions

[NewsDesk <NewsDesk@UMCOM.ORG>]

July 25, 2002     News media contact: Joretta Purdue7(202)
546-87227Washington     10-21-71B{324}

By United Methodist News Service  

When the United Methodist Church's "supreme court" meets this fall, some of
the 25 items on the docket relate to familiar issues, such as restructure
and fair process, but some are more unusual.

The denomination's financial agency, the General Council on Finance and
Administration, has asked the Judicial Council for a declaratory decision
related to the number of bishops assigned to each jurisdiction.

The closing of a church in the Alaska Missionary Conference led to the
bishop's decision of law that will be reviewed by the nine-member council,
when they meet Oct. 23-26 in Baltimore.

Bishops' decisions of law are given when a question on the meaning or
application of the church's regulations in The Book of Discipline is asked
during an annual (regional) conference session. All bishops' decisions of
law are forwarded to the council for review.

This process will be applied to the bishop's ruling in the East Ohio Annual
Conference related to whether the bishop and conference were in violation of
the Discipline when they substituted the words "in the name of the Triune
God" for the words "in the name of the Father, and of the Son, and of the
Holy Spirit" during the ordination service at last year's conference
session.

In the Pacific Northwest Annual Conference, the bishop was asked to decide
if a clergyperson whose ministerial office is being reviewed may refuse to
answer questions that are a part of that review. The council will examine
the bishop's response.

A proposed amendment to the bylaws of the Illinois Great Rivers Conference
Foundation, which would allow the foundation to accept gifts from non United
Methodist-related sources, was challenged at the annual conference session.
The constitutionality of a property action taken by the conference was also
questioned.  The bishop's decisions of law will be reviewed, as will be her
ruling on a resolution establishing a review process for clergy who
participate in or allow events to be held in their church buildings that
promote dialogue on homosexuality.

Illinois Great Rivers also generated a question on a resolution requiring
that each local church have a lay member of annual conference and,
separately, a question on the appointive status of a clergy member.  Both of
the bishop's decisions of law on these matters will be reviewed.

Examination of the bishop's decision in the Rocky Mountain Conference will
determine if prohibiting annual conference members from participating in
legislative committees to which they are not assigned is in keeping with the
church's constitution.

The Kansas East Annual Conference has asked the council for a declaration
related to the equitable compensation of women pastors. Kansas East is also
the source of a case involving questions about a clause in the conference
child abuse policy that requires clergy to report all cases of child abuse
including information regarding such conduct received in a confidential or
confessional setting. The council will review the bishop's answer.

Conferences on opposite coasts and in the Midwest have generated concerns
about clergy's involuntary leave of absence and the process of assigning it:

7	From the Baltimore-Washington Conference comes the bishop's decision
of law in regard to whether the clergy session of annual conference has the
power to move that a person be placed on involuntary leave;
7	Illinois Great Rivers Annual Conference has asked for a declaratory
decision on a perceived conflict between Discipline references to
involuntary leave of absence and the requirements for fair process;
7	California-Pacific Annual Conference asked whether bishops and
district superintendents are voting participants at hearings requested by
clergy members who have been recommended for involuntary leave by the
conference board of ordained ministry or its executive committee.

Other cases involving clergy personnel concerns include a review of the
bishop's decision of law in the Wisconsin Annual Conference related to the
licensing and appointment of a local pastor and of the bishop's decision in
Rocky Mountain Annual Conference related to the process of evaluation in the
annual conference staffing plan.

The council will review other decisions from the Rocky Mountain Conference
relating to the necessity of printing the entire budget in the conference
journal and to the legality of certain processes and portions of the budget.

The bishop's ruling in the West Virginia Annual Conference about the
conference's board of pensions use of funds invested with the
denominationwide Board of Pension and Health Benefits will be reviewed by
the council; likewise, the council will consider the Virginia Conference
bishop's decision about clergy retiree health plan eligibility.

The council will also look at the constitutionality of the 2001 East Ohio
Annual Conference action to use interest from capital raised to fund
pre-1982 pension liability for partially funding health care costs and
replenishing the health care reserve account for conference claimants.

Four docket items involve reviewing matters related to earlier decisions.
These include the restructuring plan and related documents from the West
Virginia Annual Conference, as specified in Decision 914; the revised
insurance program of the North Georgia Annual Conference per Decision 923;
the revised sexual ethics policy of the East Ohio Annual Conference as
required by Decision 839; and the revised restructure plan of the Western
Pennsylvania Annual Conference as noted in Decision 928.

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United Methodist News Service
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