Petition 81446

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Complaints Against Bishops (81446-JA-¶413)

AMEND ¶413.2,3.a, b, c, d, e and 4 in the following way.  
    
¶413. Complaints Against Bishops—1.  Episcopal leadership ... and healing may be realized.
    2.    Any complaint concerning the effectiveness, competence, or one or more of the offenses listed in ¶2702 shall be submitted to the General Conference Committee on Investigation. A complaint is a written statement claiming misconduct, unsatisfactory performance of ministerial duties, or one or more of the offenses listed in ¶2702.  
    3.    After receiving a complaint as provided in § 413.2, the General Conference Committee on Investigation   in consultation with a lay and clergy member of the jurisdictional or central conference committee on episcopacy appointed by   the chair of the jurisdictional or central conference committee on episcopacy, shall make a supervisory response.10  
           a) When deemed appropriate to protect the well-being of the complainant, the Church and/or bishop, , the Committee on Investigation in consultation with the jurisdictional or central conference committee on episcopacy, may suspend the bishop from all episcopal responsibilities until the Committee on Investigation has completed its recommended action.  During the suspension, salary may be reduced to not less than half of the current level and housing and benefits will continue.
    b)    The supervisory response is pastoral and administrative...within 120 days.  There may be 2 additional extensions of 120 days if the Committee on Investigation determines that an extension will be productive.  The Committee on Investigation shall regularly advise all parties...Others may be consulted as well.
    c)    The supervisory response may include a process seeking a just resolution...The appropriate persons, including the Committee on Investigation, should enter into a written agreement outlining such process...consistent with the agreement.
d)    If the supervisory response results in the resolution of the matter,  the Committee on Investigation shall monitor the fulfillment of the terms of the resolution.  If the supervisory response does not result in resolution of the matter,    and, if the Committee on Investigation deems the complaint has merit, the Committee on Investigation shall in cases of incompetence, ineffectiveness, or unwillingness or inability to perform episcopal duties act on the complaint as an Administrative Complaint (¶413.3[e]), or, in cases when one or more offenses listed in ¶2702 are involved, shall refer it as a Judicial Complaint (¶ 2704.1)
        e) Administrative Complaint—If the complaint is based on allegations of incompetence, ineffectiveness, or unwillingness or inability to perform episcopal duties, , the Committee on Investigation may recommend involuntary retirement (¶409.3), disability leave (¶411.4)...When the Committee on Investigation deems the matter serious enough and when one or more offenses listed in ¶2702 are involved, the committee shall refer the complaint as a judicial complaint to general legal counsel for the General Council on Finance and Administration.  
e) The provisions of ¶362.3 for fair process in administrative hearings shall apply to this administrative process.
4.  Any actions of the Committee on Investigation taken on a complaint shall be reported to the next session of the relevant jurisdictional or central conference.
[NOTE: This Petition is interrelated to Petitions 81444 and 81445.]