Memorandum Number 799

Decision

Substantive rulings by a bishop which come under the purview of the judicial and/or administrative process are improper, however a bishop must rule on such matters as improper.

The so-called "question of law" though presented properly, which do not relate to business, consideration or discussion of the conference session, are improper and should be so ruled and do not require a substantive answer. Questions involving the supervisory function of the district superintendent under the Discipline under ¶ 520(¶ 421 1996 Discipline) are improper and should be so ruled. Substantive rulings by a bishop which come under the purview of the judicial and/or administrative process are improper; however, a bishop must rule on such matters as being improper.

That portion of ¶ 2627.1(h)(2) of the 1996 Discipline (formerly ¶ 2626.1(h)(2) of the 1992 Discipline) which provides for the executive session of the clergy members of the Annual Conference to vote on ratification of the Trial court decision is unconstitutional even though the matter may be under appeal to a Jurisdictional Committee on Appeals.

The bishop's rulings are affirmed except as herein modified.