Index: powers

605.4

If, after investigation it appears that an accusation against a member of the clergy is without factual basis and has been filed in bad faith, the filing of the accusation may be grounds for disciplinary action against those who signed the accusation.

605.5

In case charges are filed, the District Advisory Board shall appoint five assigned ordained ministers and not less than two (2) laypersons as it deems advisable of the district to hear the case and determine the issues; these persons so named shall constitute a District Board of Discipline to conduct the hearing and dispose of the case according to the laws of the church. No district superintendent shall serve as prosecutor or as assistant to the prosecutor in the trial of an ordained minister or licensed minister. This Board of Discipline shall have power to vindicate and absolve the accused in connection with said charges or to administer discipline commensurate with the offense. Such discipline may provide for discipline intended to lead to the salvation and rehabilitation of the guilty party. The discipline may include repentance, confession, restitution, suspension, recommendation for removal of credential, expulsion from the ministry or membership of the church, or both, public or private reprimand, or any such other discipline that may be appropriate including suspension or deferment of discipline during a period of probation. (222.4, 538.6–538.8, 605.11–605.12)

605.6

If either the accused or the District Advisory Board shall so request, the Board of Discipline shall be a Regional Board of Discipline. The regional board for each case shall be appointed by the general superintendent in jurisdiction of the district where the accused minister holds his or her membership.

605.8

The decision of a Board of Discipline shall be unanimous, written and signed by all members, and shall include a finding of “guilty” or “not guilty” as to each charge and specification.

605.9

Any hearing by a Board of Discipline herein provided for shall always be conducted within the bounds of the district where the charges were filed at a place designated by the board that is to hear the charges.

605.11

When a minister is charged with conduct unbecoming a minister and shall admit to guilt, or shall confess to guilt without being charged, the District Advisory Board may assess any of the disciplines provided for in 605.5. (538.6–538.8)

605.12

When a minister is accused of conduct unbecoming a minister, and shall admit to guilt, or shall confess to guilt prior to being brought before a Board of Discipline, the District Advisory Board may assess any of the disciplines provided for in 605.5. (538.6–538.8)

606

Following a decision by a Board of Discipline, the accused, the District Advisory Board, or those who sign the charges shall be entitled to appeal the decision to the General Court of Appeals for those in the United States and Canada, or to the Regional Court of Appeals in other global regions. The appeal shall be begun within 30 days after such decision, and the court shall review the entire record of the case and all steps that have been taken therein. If the court discovers any substantial error prejudicial to the right of any person, it shall correct such error by ordering a new hearing to be conducted in a manner capable of giving relief to that person affected adversely by previous proceedings or decision.

609

Each organized district shall have a District Court of Appeals composed of two laypersons and three assigned ordained ministers, including the district superintendent, elected by the district assembly according to 203.22. This court shall hear appeals of church members concerning any action of local boards of discipline. Notice of appeal must be given in writing within 30 days after such action or after appellant has knowledge thereof. Such notice shall be delivered to the District Court of Appeals or a member thereof, and a copy of such notice shall be delivered to the pastor of the local church and to the secretary of the church board concerned. (203.22)