Decision Number 691

Interpretation of Paragraphs 453.5, 454.1(a), 454.1(f), 2622.2, 2622.6 and 2625.1(b) and Their Effect on Grievance Procedures.

Digest

1. Withdrawal under Par. 453.5 is effective immediately.

2. Mediators must be neutral outside parties, and must be trained. No grievances are excluded by Discipline from mediation.

3. An ordained minister who withdraws under complaints or charges forfeits the constitutional right to trial.

4. A Board of Ordained Ministry may not recommend involuntary location based on any evidence not made known to the respondent.

5. A change in a statute of limitations may not take effect retroactively, nor may church laws defining chargeable offenses be made retroactive.

6. The Joint Review Committee must comply with the provisions of Par. 2622.2.

Statement of Facts

In the 1993 session of the Minnesota Annual Conference, a motion was adopted to petition the Judicial Council for a decision to answer the following questions:

l. Does Par. 453.5 mean that a clergy member who has withdrawn is still a member until the clergy session confirms that withdrawal, or does membership cease immediately upon notification of withdrawal?

2. (A) Does the final sentence of Par. 454.1(a) require that if mediation is chosen as part of supervisory response, the mediator must be a trained neutral third party mediator or team? (B) Are there some grievances (such as those relating to sexual abuse) which cannot be mediated?

3. Does the requirement in Par. 454.1(f) that choice of withdrawal or trial must be made within ten days mean that if an ordained minister chooses withdrawal he or she has forfeited any further possibility of exercising his or her right to trial?

4. Does Par. 2522.6 mean that the Board of Ordained Ministry cannot recommend involuntary termination on the basis of documents or oral allegations which have not been shared with the respondent?

5. Does the exception clause relating to child abuse or sexual abuse in Par. 2625.1(b) mean that an ordained minister can be charged with offenses of this nature which were committed before they became chargeable offenses under church law?

6. Does Par. 2622.6 refer (later corrected to read "apply") to the work of the Joint Review Committee?

Peter Milloy and Kevin Baxter appeared in oral argument on October 28, 1993 in Atlanta, Georgia. 

Jurisdiction

The Judicial Council has jurisdiction under Par. 2616 of the 1992 Discipline. 

Decision

1. Withdrawal under Par. 453.5 is effective immediately.

2. Mediators must be neutral outside parties, and must be trained. No grievances are excluded by Discipline from mediation.

3. An ordained minister who withdraws under complaints or charges forfeits the constitutional right to trial.

4. A Board of Ordained Ministry may not recommend involuntary termination based on any evidence not made known to the respondent.

5. A change in a statute of limitations may not take effect retroactively, nor may church laws defining chargeable offenses be made retroactive.

6. The Joint Review Committee must comply with the provisions of Par. 2622.2.

October 30, 1993