Petition 90045

Petition 90045 amending Paragraphs 362.1, 413.3 c), 2701.5, and 2706.5 c) (minus language declared unconstitutional in Decisions 1366 and 1377):

Petition 90045 (ADCA at 192), Calendar Item 14 (DCA 384) – Amends ¶¶ 362.1, 413.3 c), 2701.5 and 2706.5 c) of the Discipline to require that a just resolution “state all identified harms and how they shall be addressed by the Church and other parties to the complaint.” [NOTE: A second amendment in this petition was held unconstitutional in Decisions 1366 and 1377 and is not included here.]

Newly adopted ¶ 362.1 is as follows with only language declared constitutional included:

¶ 362. Complaint Procedures—1. Ordination and membership in an annual conference in The United Methodist Church is . . .

This review shall have as its primary purpose a just resolution of any violations of this sacred trust, in the hope that God’s work . . .

A just resolution is one that focuses on repairing any harm to people and communities, achieving real accountability by making things right insofar as possible and

bringing healing to all the parties. Just resolutions shall state all identified harms and how they shall be addressed by the Church and other parties to the complaint. In appropriate situations, processes seeking a just resolution as defined in ¶ 362.1c may be pursued. 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 complaint is a written and signed statement claiming misconduct as defined in ¶ 2702.1. When . . .

Newly adopted ¶ 413.3 c) is as follows with only language declared constitutional included:

¶ 413. Complaints Against Bishops—

  1. c) The supervisory response may include a process seeking a just resolution in which the parties are assisted by a trained, impartial third party facilitator(s) or mediator(s) in reaching an agreement satisfactory to all parties. (See ¶ 362.1b, c.) The appropriate persons, including the president of the College of Bishops, or the secretary if the complaint concerns the president, should enter into a written agreement outlining such process, including an agreement as to confidentiality. If resolution is achieved, a written statement of resolution, including terms and conditions, shall be signed by the parties and the parties shall agree on any matters to be disclosed to third parties. Such written statement of resolution shall be given to the person in charge of that stage of the process for further action consistent with the agreement. Just resolutions shall state all identified harms and how they shall be addressed by the Church and other parties to the complaint.

Newly adopted ¶ 2701.5 is as follows with only language declared constitutional included:

¶ 2701.5. A Just Resolution in Judicial Proceedings—A just resolution is one that focuses on repairing any harm to people and communities, achieving real ac-countability by making things right insofar as possible and bringing healing to all the parties. Just resolutions shall state all identified harms and how they shall be addressed by the Church and other parties to the complaint. Special attention should be given to ensuring that cultural, racial, ethnic, age, and gender contexts are valued throughout the process in terms of their under-standings of fairness, justice, and restoration. During the just resolution process, the parties . . .

Newly adopted ¶ 2706.5 c) is as follows with only language declared constitutional included:

¶ 2706.5 c) Findings other than reasonable grounds by committee or other actions

(3) Upon recommendation of the counsel for the Church and the counsel for the respondent, the committee may refer the matter to the resident bishop as deemed appropriate for a process seeking a just resolution. The bishop shall institute such a process and may use the assistance of a trained, impartial third party facilitator(s) or mediator(s). Such referral will not constitute a dismissal or double jeopardy under ¶ 2701.2d. The appropriate persons, including the counsel for the Church and counsel for the respondent, should enter into a written agreement outlining the process, including any agreements on confidentiality. If resolution is achieved, a written statement, affirming such resolution, including any terms and conditions, shall be signed by the same persons who signed the written agreement outlining the process, and they shall agree on any matters to be disclosed to third parties. Just resolutions shall state all identified harms and how they shall be addressed by the Church and other parties to the complaint. If the resolution results in a change of ministerial status, the disclosure agreement shall not prevent the disciplinary disclosures . . .