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Memorandum No. 1053

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October 26 2006
In Re: Review of Bishop’s Decision of Law in the Central Texas Annual Conference Concerning the Rights of an Elder Under ¶¶ 362.1 and 623 of the 2004 Book of Discipline

Decision

During the 2006 Clergy Session of the Central Texas Annual Conference, a clergy member of the Conference presented the Bishop with six questions of law concerning the rights of an elder. The Bishop ruled on these questions. The procedural remedies invoked by the district superintendent and the bishop around the alleged misconduct of a clergy member prompted questions to be raised in the clergy session related to the rights of an elder. The Bishop submitted the questions and his responses for review by the Judicial Council. The Judicial Council has jurisdiction under ¶ 2609 of the 2004 Book of Discipline. Before any written, signed and timely filed complaints outlined in ¶ 362 were submitted and received by the clergy member, the clergy member submitted a letter requesting a voluntary leave of absence. The fair process procedures delineated under ¶ 362.1 of the 2004 Discipline attach once a written and signed complaint has been received by the bishop. The actions addressed by the questions of law all preceded the filing of such a complaint and, thus, the fair process rights outlined in ¶ 362 of the Discipline were not yet operative. The Bishop’s decisions of law are affirmed.

DIGEST
The fair process procedures delineated under ¶ 362.1 of the 2004 Book of Discipline attach once a written and signed complaint has been received by the bishop. The actions addressed by the questions of law all preceded the filing of such a complaint and, thus, the fair process rights outlined in ¶ 362 of the Discipline were not yet operative. The Bishop’s decisions of law are affirmed. October 27, 2006 Mary A. Daffin and Shamwange P. Kyungu were absent.

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