THE UNIVERSAL FELLOWSHIP OF
METROPOLITAN COMMUNITY CHURCHES
BYLAWS
As revised at General Conference XX, Toronto, Ontario (Canada)
And at the March 2002 Meeting of General Council
Effective January 2003
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A.
The
name of this Fellowship shall be the UNIVERSAL FELLOWSHIP OF METROPOLITAN
COMMUNITY CHURCHES (hereinafter referred to as UFMCC or Fellowship).
B.
Each
affiliated local church group will use the name METROPOLITAN COMMUNITY CHURCH
as part of its official title. The group may add either a prefix or suffix to
distinguish it from other affiliated local church groups, such as: Grace
Metropolitan Community Church, Metropolitan Community Church of Tallahassee,
Metropolitan Community Church, Ashland or Springfield Metropolitan Community
Church.
ARTICLE
II
The objectives of the UFMCC shall be:
A.
To
bind together churches for the purpose of sharing in the worship of God in the
Christian tradition, and to make God’s will dominant in the lives of all
people, individually and collectively, as set forth in the Holy Scriptures.
B.
To
set up bodies for instruction in theology and in allied subjects for the
propagation of the teachings of the Christian faith, as accepted by the General
Conference of the Universal Fellowship of Metropolitan Community Churches.
C. To instruct and encourage those who offer themselves to the
teaching and philosophy accepted by this body.
D. To do all things that are compatible with the
work of a Christian Church.
ARTICLE III
DOCTRINE, SACRAMENTS AND RITES
A.
DOCTRINE:
Christianity is the revelation of God in Jesus Christ and is the religion set
forth in the Scriptures. Jesus Christ is foretold in the Old Testament,
presented in the New Testament, and proclaimed by the Christian Church in every
age and in every land.
Founded
in the interest of offering a church home to all who confess and believe, the
Universal Fellowship of Metropolitan Community Churches moves in the mainstream
of Christianity.
Our
faith is based upon the principles outlined in the historic creeds: Apostles
and Nicene.
We
believe:
1.
In
one triune God, omnipotent, omnipresent and omniscient, of one substance and of
three persons: God, our Parent-Creator; Jesus Christ, the only begotten son of
God, God in flesh, human; and the Holy Spirit, God as our Sustainer.
2.
That
the Bible is the divinely inspired Word of God, showing forth God to every
person through the law and the prophets, and finally, completely and ultimately
on earth in the being of Jesus Christ.
3.
That
Jesus...the Christ...historically recorded as living some 2,000 years before
this writing, is God incarnate, of human birth, fully God and fully human, and
that by being one with God, Jesus has demonstrated once and forever that all
people are likewise Children of God, being spiritually made in God’s image.
4.
That
the Holy Spirit is God making known God’s love and interest to all people. The Holy Spirit is God, available to and
working through all who are willing to place their welfare in God’s keeping.
5.
Every
person is justified by grace to God through faith in Jesus Christ.
6.
We
are saved from loneliness, despair and degradation through God’s gift of grace,
as was declared by our Savior. Such
grace is not earned, but is a pure gift from a God of pure love. We further commend the community of the
faithful to a life of prayer; to seek genuine forgiveness for unkind,
thoughtless and unloving acts; and to a committed life of Christian service.
7.
The
Church serves to bring all people to God through Christ. To this end, it shall
arrange for regular services of worship, prayer, interpretation of the
Scriptures, and edification through the teaching and preaching of the Word.
B. SACRAMENTS: This Church embraces two holy Sacraments:
1.
BAPTISM
by water and the Spirit, as recorded in the Scriptures, shall be a sign of the
dedication of each life to God and God’s service. Through the words and acts of
this sacrament, the recipient is identified as God’s own Child.
2.
HOLY
COMMUNION is the partaking of blessed bread and fruit of the vine in accordance
with the words of Jesus, our Sovereign: This is my body...this is my blood.
(Matthew 26:26-28). All who believe, confess and repent and seek God’s love
through Christ, after examining their consciences, may freely participate in
the communal meal, signifying their desire to be received into community with
Jesus Christ, to be saved by Jesus Christ's sacrifice, to participate in Jesus
Christ's resurrection, and to commit their lives anew to the service of Jesus
Christ.
C. RITES: The Rites of the Church as performed by its duly authorized ministers shall consist of the following:
1.
The
RITE OF ORDINATION is the setting apart of duly qualified persons for the
professional ministry of this Church. It is evidenced by the laying on of hands
by authorized ordained clergy, pursuant to these Bylaws.
2.
The
RITE OF ATTAINING MEMBERSHIP IN THE CHURCH shall be conducted by the Pastor or
Interim Pastoral Leader before a local congregation at any regular worship
service. In accordance with criteria established by the local church, a
baptized Christian may become a member in good standing of the local church
group through a letter of transfer from a recognized Christian body or through
affirmation of faith.
3.
The
RITE OF HOLY UNION/RITE OF HOLY MATRIMONY is the spiritual joining of two
persons in a manner fitting and proper by a duly authorized clergy or Interim
Pastoral Leader of the church. After
both persons have been counseled and apprised of their responsibilities one
toward the other, this rite of conferring God’s blessing may be performed.
4.
The
RITE OF FUNERAL OR MEMORIAL SERVICE is to be fittingly conducted by the
ministers of the Church for the deceased.
5.
The
RITE OF LAYING ON OF HANDS or prayer for the healing of the sick in mind, body
or spirit is to be conducted by the ministers of the Church, at their
discretion, upon request.
6.
The
RITE OF BLESSING may be conducted by the ministers of the Church for persons, things and relationships, when deemed
appropriate by the minister. This
includes the dedication of a church building to the glory of God.
ARTICLE IV
MINISTRY
The UFMCC affirms the universal priesthood of all believers (1 Peter 2:5-10). All members of the Church are called by God to a ministry of the Gospel of Christ in the Church and in the world.
UFMCC decrees that all people shall have equality of access and opportunity which is free from discrimination on grounds of gender, sexual orientation, race, age, physical challenge, HIV status, health status, gender identification, nationality, or economic status in terms of: (1) Employment and personnel procedures and (2) Service delivery -- all that we do.
A. MINISTRY OF THE LAITY
1.
THE
PRIESTHOOD OF ALL BELIEVERS: Lay people are the People of God, called by God
and authorized by Scripture to respond to the Word, serving as Christ served,
to the end that the Church may be edified and the world transformed. UFMCC
affirms that this is the ministry of every lay person in the UFMCC.
2.
DEACONS:
As outlined in the New Testament, their office is an historic ministry of
service and aid within the Christian Church.
B. MINISTRY OF THE CLERGY:
1.
CLERGY:
Clergy are members of the People of God, called by God, authorized and legally
recognized by the UFMCC to serve among the people as professional ministers of
the Word and Sacraments.
a.
RESPONSIBILITIES: In accordance with their call, clergy
shall administer the Rites and Sacraments of the UFMCC and be teachers and
preachers of the faith to the end that the world may believe and the Church
might be renewed, equipped, and strengthened in its ministry.
b.
QUALIFICATIONS:
Clergy are those persons of professed and demonstrated call to be professional
Christian ministers who meet the qualifications established by the Board of
Elders.
c.
CREDENTIALS: Persons who have
met the academic standards, completed at least one year of Candidacy with a
Teaching Church, and have been approved by the Teaching Church and the Regional
Clergy Interview Team may then be ordained. A person who is ordained cannot
function as a UFMCC clergy person until he/she is licensed. A License to
Practice shall be immediately issued upon notification to the Elder serving the
Region that the person is entering an active, authorized, and accountable
ministry. The License to Practice must be renewed annually.
d. DISCIPLINE: The UFMCC will not condone
disloyalty, unbecoming conduct, or dereliction of duty. Procedures for
discipline shall be developed by the Board of Elders. These procedures shall be included as an addendum to the UFMCC
Bylaws.
ARTICLE
V
GOVERNMENT,
ORGANIZATION AND OFFICERS
A. GOVERNMENT:
1.
The
UFMCC acknowledges the Holy Scriptures interpreted by the Holy Spirit in
conscience and faith as its guide in faith, discipline and government.
2.
The
government of the UFMCC is vested in the General Conference, its Regional
Conferences, and Congregational Meetings, subject to the provisions of the
UFMCC Articles of Incorporation and its Bylaws, or documents of legal
organization. The officers elected by the General and Regional Conferences and
Congregational Meetings are subject to the direction and discipline of their
respective bodies and are responsible to carry out their policies.
3.
When
a Region desires more flexibility with respect to Articles IV through IX of
these Bylaws, it can apply to the Board of Elders which may grant that
flexibility.
4.
This
Fellowship is accountable to no outside ecclesiastical jurisdiction, but
accepts the obligation of mutual consent and cooperation involved in the free
fellowship of other churches, and does pledge itself to share in their common
aims and endeavors subject to the expressed approval of its membership.
5.
Local
Churches, Regions, Regional Conferences, and the General Conference/World
Jubilee as defined by these Bylaws, are set forth for the purposes of Christian
fellowship, worship, witness, and service, borne in the cooperation, program
development, and implementation of their Bylaws, Standard Operating Procedures,
and Policies.
6.
A
local church of the Universal Fellowship of Metropolitan Community Churches is
that church which subscribes to the government and doctrine of the UFMCC, and
has been authorized by the same.
B. LOCAL CHURCHES:
1.
INTRODUCTION:
The government of each local church is vested in its congregational meetings
which exerts the right to control all of its affairs, subject to the provisions
of the UFMCC Articles of Incorporation, Bylaws, or documents of legal
organization, the General Conference, and its Regional Conferences. The Pastor
and the local church administrative body are authorized to provide spiritual
and administrative leadership in the local church.
2.
AFFILIATION: Within the UFMCC, all churches that meet the
criteria as established by the Board of Elders and approved by General
Conference qualify for affiliation and recognition as “church.” The Elder serving the Region has the authority
to approve requests for affiliation. If
a church ceases to meet the criteria for affiliation, the Elder serving the
Region may take appropriate actions of intervention, which may include removal
of the church’s affiliation status. The
decision of the Regional Elder may be appealed to the Board of Elders.
3.
PARA-CHURCH
ORGANIZATIONS: A local church or Region
shall have the authority to establish, authorize, and hold accountable
para-church organizations (special-purpose groups or ministries). When the mission of the UFMCC would be best
served by a para-church organization being accountable to the denomination, the
Board of Elders shall have the authority to establish, authorize, and hold
accountable the para-church organization(s).
4.
PASTOR:
The Pastor is a duly ordained clergy person who has been licensed to practice.
Though there are a variety of pastoral roles, in a local congregation the
Pastor is elected to be responsible for the duties of teacher, preacher, and
spiritual leader. If no duly credentialed UFMCC clergy person is available, an
Interim Pastoral Leader may be appointed annually by the Elder serving the
Region. All UFMCC churches are led by Pastors or Interim Pastoral Leaders.
a.
QUALIFICATIONS AND DUTIES: Pastors must be credentialed
clergy in the UFMCC. The Pastor of the church shall have the authority for
ordering all worship services of the church. The Pastor is a voting member of
the local church administrative body.
Associate and/or Assistant Pastor(s) and other personnel, uncompensated
or compensated, shall be appointed by the Pastor subject to the approval of the
local church administrative body. The Pastor shall act as personnel director of
the local church staff, shall have the authority to delegate such
responsibilities and duties as seem wise, and shall, with the approval of the
local church administrative body, determine compensation, vacation periods, and
titles of office of the staff.
b.
CONFLICT
RESOLUTION: When there are conflicts or difficulty within a local church,
including apparent irreconcilable differences between the Pastor and
congregation, the Elder serving the Region shall have the authority to
interface with that church, to take appropriate measures, to provide resources
and support, and to attend and have voice at any meeting of the local church
administrative body or Congregational Meeting.
The Elder serving the Region shall be required to intervene when invited
(1) by the Pastor/Interim Pastoral Leader, (2) by majority vote of the local
church administrative body, or (3) as a result of a petition signed by a
minimum of one-third (33%) of the members of the church.
Within
twenty-four (24) hours of receiving the request for intervention, the Elder
serving the Region must officially notify all parties mentioned above. Within ten (10) days of the request, the
Elder serving the Region or the person appointed by the Elder serving the
Region will establish the time-lines and process for the Ministry of
Reconciliation, which must be implemented within thirty (30) days of the
initial request.
c. REMOVING THE PASTOR FROM OFFICE: When irreconcilable differences exist
between the Pastor and congregation, the Pastor and congregation may choose to
terminate their relationship through mutual agreement. No petition for removal of the Pastor based
on irreconcilable differences is valid unless preceded by the process of
conflict resolution, as contained within the UFMCC Bylaws Article V.B.4.b.
Unilateral failure to renew a pastoral contract does not constitute removal of
the Pastor from office.
The
process of removing the Pastor from office for disloyalty, unbecoming conduct,
dereliction of duty or when irreconcilable differences arise between Pastor and
congregation may be initiated by a petition submitted to the duly authorized
church officer as designated by the local Bylaws/Standard Operating Procedures,
or documents of legal organization, and signed by at least twenty-five percent
(25%) of the members in good standing; or by a vote of three-fourths (3/4) of
the full Board of Directors /local church administrative body. Within three (3)
days, the Pastor and the Elder serving the Region must be sent a copy of the
completed petition or motion of the local church administrative body by the
designated church officer. After the Elder serving the Region and designated
local church officer have validated the number of members who have signed the
petition and the clarity of the petition or validated the votes of the members
of the local church administrative body and the clarity of the motion, the
Elder serving the Region may place the Pastor on inactive status, but the
Pastor remains fully compensated until the final action of the congregation.
Upon validating the petition, the Elder serving the Region and the local church
administrative body will set the time and place of a special congregational
meeting to determine whether the Pastor shall remain in office. The date of the meeting shall occur within
thirty (30) days of the date the petition is submitted to the designated church
officer or the date the motion of the local church administrative body is
received by the Elder serving the Region.
The
Pastor has the right to appear on his/her own behalf before the congregational
meeting and may have an advocate of his/her own choice present. The action of
the congregation is final. If a special meeting is called to remove a Pastor,
the Elder serving the Region must be given notice that such action is being
taken. The Elder serving the Region shall attend or send a representative as an
impartial observer who shall moderate the meeting. If the Pastor is removed,
the local church administrative body will meet immediately after the meeting
with the Elder serving the Region or the representative to arrange for pastoral
leadership until the pulpit is filled. The local church administrative body may
confer with the Elder serving the Region as to available candidates for the
office of Pastor.
5. LOCAL CHURCH GOVERNANCE
a.
The
local church, in consultation with the Elder serving the Region, shall determine
an appropriate structure and systems for local church governance that is
appropriate for the size of church and cultural context. The local church structure and systems shall
include provision for (1) selection and discipline of the local church
administrative body, (2) a pastoral search process, and (3) congregational
meetings. It is incumbent upon the
local church administrative body of each local church to provide that church
with a set of Bylaws or standard operating procedures, subject to approval by
the Elder serving the Region.
b.
ACCOUNTABILITY:
The local church administrative body shall be subject to these Bylaws, local
Articles of Incorporation, local Bylaws/Standard Operating Procedures, any
other documents of legal organization, and to the approval or disapproval by
action of their local congregation as provided for in any of the above.
6. LAY DELEGATE: Each affiliated church shall have one (1) vote for
every one hundred (100) members in good standing or portion thereof and shall
elect one (1) Lay Delegate for each vote. Each Lay Delegate shall carry one (1)
vote. Each Lay Delegate shall be a member in good standing of the congregation
that he/she represents, should be elected at the first congregational meeting
following each General Conference and shall serve a term of two (2) years. The
duties of the Lay Delegate shall include, but not be limited to, representation
of the congregation at General and Regional Conferences and to be informed of
the UFMCC concerns and policies.
Each
voting church may, in accordance with that local church's Bylaws or Standard
Operating Procedures, elect at least one (1) Alternate Lay Delegate for each
Lay Delegate elected. The Alternate Delegate(s) so elected shall, in accordance
with procedures set forth in the local church Bylaws or Standard Operating
Procedures, be empowered to assume the duties of any Lay Delegate who is unable
or unwilling to perform the duties of Lay Delegate, including but not limited
to representation of the congregation at General and Regional Conferences.
7. DISCIPLINE OF CHURCHES: If any affiliated church shall
fail to abide by the Articles of Incorporation of the UFMCC, these Bylaws, or
documents of legal organization, the Board of Elders shall take appropriate
action to require compliance. The Board of Elders shall report any such action to the church
involved. The action will also be reported to the next General Conference.
8. CHURCH PROPERTY: The local church administrative body
will name the fiduciary body for any property acquired by that church. The
local church administrative body and the members of each local congregation
will have sole control of said property except under the following
circumstances: (1) if the property is abandoned; (2) if the local church is
disbanded; or (3) if the local church disaffiliates from UFMCC.
In every nation where UFMCC
comes to exist and where permitted by local or national laws, the local
church’s documents of legal organization must name the UFMCC as the successor
501(c)(3) corporation designated to receive the church’s property in the event
of (1) the dissolution or abandonment of the church, or (2) failure to abide by
the process for disaffiliation from the UFMCC by the local church as contained
in the UFMCC Bylaws.
9. DISAFFILIATION:
Should a local church desire to disaffiliate from the UFMCC, the local
church shall notify the Elder serving the Region. A denomination representative must be allowed to meet with the
congregation. The decision to
disaffiliate must receive a two-thirds (2/3) vote of the Members present at a
duly called Congregational Meeting called for the purpose of
disaffiliating. After existing
financial obligations to the UFMCC are met, the disaffiliating members of the
church have the right to net assets equivalent to the percentage of votes
received. The remaining balance of
assets shall stay with the members of the church who choose to remain with the
Fellowship. If a church attempts to
disaffiliate but does not follow the procedure as stated above, the net assets
of the church will revert to the use of the General Conference of the
UFMCC. The Board of Elders will decide
the disposition of said property.
Disaffiliated congregations may not continue to use the name
Metropolitan Community Church (MCC).
10.
CLOSURE: When a church disbands or closes, the net
assets of the church will revert to the use of the General Conference of the
UFMCC. The Board of Elders will decide
the disposition of said property.
11.
RESERVATION
OF POWERS: Any specific matters of congregational approval not covered herein
are left to local church option.
C. REGIONS:
1. INTRODUCTION: Regions are those
defined bodies which are created by the Board of Elders in accordance with
these Bylaws. Regions are called into existence to enable and empower Christian
ministry within their jurisdiction through their member congregations and
bodies and to support church leaders through leadership development efforts,
networking opportunities, celebration of common values, building shared vision,
and creating unity in mission. Regions
must be incorporated in a state, province, or country within the Region, as
legally permitted and appropriate. The
Regional Bylaws/Standard Operating Procedures must be in accordance with the
Articles of Incorporation and Bylaws of UFMCC.
a. CRITERIA: The following
are criteria for establishing Regional boundaries.
i.
The boundaries of each Region must take into account the
needs of the whole Fellowship throughout the world.
ii.
Each Region should have a balance of strengths (e.g., personnel,
resources, etc.) and challenges. There
should be ample opportunity in each Region for significant growth to occur in
terms of numbers, strength, and health of churches.
iii.
Consideration
shall be given to “common sense coherence,” geographically, culturally, and
historically.
iv.
Each
Region should be intentionally diverse and have cross-cultural and often
international challenges.
b. GEOGRAPHIC
REVIEW BOARD: The Geographic Review Board will be comprised of three members
appointed by the Board of Elders.
c.
CHANGES TO REGIONAL BOUNDARIES: The Board of Elders shall
review Regional boundaries every six (6) years. The following process shall be followed to affect any change in
Regional boundaries:
i. Requests for
Regional boundary changes may be initiated and reviewed by a Region, two or
more Regions, or the Board of Elders at any time.
ii The Geographic Review Board will facilitate and service the
process regarding any Regional boundary change.
iii. The
Geographic Review Board may recommend additional criteria by which Regional
boundaries are set and criteria by which Regional boundaries are re-evaluated.
iv. The Geographic
Review Board shall facilitate a process to receive input from and consultation
with churches and Regions affected by any proposed boundary change.
v. Recommendations
of the Geographic Review Board for changes in Regional boundaries will be
submitted to the Board of Elders for approval without amendment.
2.
REGIONAL
FIDUCIARY BODY: Each Region shall have
a fiduciary body elected by the Regional Conference to have charge of all
matters pertaining to the Articles of Incorporation, all documents of legal
organization, property, and finances of the Region. All actions of the fiduciary body must be reported to and
approved by the Regional Conference, except where specifically provided for in
these Bylaws. This fiduciary body shall
consist of three (3) to five (5) members, as the Regional Conference may
determine from time to time, including the Elder serving the Region.
a. QUALIFICATIONS/REQUIREMENTS:
Members of the fiduciary body must be members in good standing within the
Fellowship, of obvious spiritual quality and leadership who are mature, have
sound judgment and a proven record of accomplishment. Their term of office
shall be two years, except that of the Elder serving the Region.
b. DISCIPLINE: The UFMCC cannot condone
disloyalty or unbecoming conduct or dereliction of duty on the part of members
of the Regional fiduciary bodies.
Therefore, the fiduciary body may remove, by majority vote of the full
body, any member(s) guilty of the above. Any member of the fiduciary body may
be removed from office by the Regional Conference. When the Regional Conference
is not in session, charges in writing against a member of the fiduciary body must
be sent at the same time to the person charged and the Board of Elders, which
may suspend the member of the fiduciary body so charged until the next Regional
Conference which shall hear and act upon the charges without appeal.
The
written charges must be signed by a minimum of one credentialed clergy from
each of fifty percent (50%) of the churches or ten (10) churches within the
Region (whichever is less); and/or by the Lay Delegates representing a majority
of Lay Delegate votes of each of fifty percent (50%) of the churches or ten
(10) churches within the Region (whichever is less). The process may be
initiated by either clergy or lay.
3. RESERVATION OF POWERS: Any specific matters of Regional
approval or appeal not covered herein are left to Regional option.
D. FELLOWSHIP:
1.
INTRODUCTION:
Internationally, the government of the UFMCC is vested in the General
Conference, subject to the provisions of the Fellowship Articles of
Incorporation, its Bylaws, or documents of legal organization. Between General
Conferences, the Board of Elders is authorized to provide spiritual and
pastoral leadership and to appoint a Board of Administration to provide
administrative leadership on the international Fellowship level.
2. BOARD OF ELDERS: The Board of Elders
of the UFMCC is that body authorized by the General Conference to serve in a
pastoral role and direct the spiritual life of the Fellowship. This Board shall
consist of a Moderator, a Vice-Moderator and one Elder to serve each Region.
a. TERM OF OFFICE: The term of office for members of the Board
of Elders shall be six (6) years.
(1)
For the
purpose of transition, the term of office for members of the Board of Elders
elected in 1999 and 2001 shall expire at the conclusion of the General
Conference to be held in 2003.
(2)
For the
purpose of transition, the term of office of the Moderator shall expire at the
end of General Conference to be held in 2005.
(3)
For the
purpose of transition, the Vice-Moderators and Clerk shall be elected by and
from the Board of Elders no later than 31 December 2002. The term of office for the Vice-Moderators
and Clerk so elected shall expire at the end of General Conference to be held
in 2003.
b. QUALIFICATIONS: Elders must be those
individuals of obvious spiritual quality and leadership who are mature, have
sound judgment, have a proven record of accomplishment as lay or clergy members
within the Fellowship, and have successful experience in envisioning and
strategic planning for the future.
Elders must be excellent communicators, skilled motivators and teachers,
self-motivated and devoted to continuous learning. Further, Elders must be capable of understanding and working
within sound fiscal guidelines, be sensitive to cultural differences, and be able
and willing to embrace diversity. It is
desirable that the Regions and General Conference elect members of the Board of
Elders so that this Board is representative of the diversity of the Fellowship.
c. SELECTION
(1) MODERATOR
AND VICE-MODERATOR: The Board of Elders
shall appoint a Moderators Nominating Committee of five (5) persons, including
a human resources expert, a psychologist/therapist, and an experienced
pastor. Incumbent Elders are not
eligible to serve on the Moderators Nominating Committee. The Moderators Nominating Committee shall
solicit up to five (5) candidates for each vacant position. Individuals and/or Regions shall have the
right to submit names to the Moderators Nominating Committee for consideration.
The Moderators Nominating Committee shall review any and
all candidates and shall then present to each Regional Conference the list of
qualified candidates for nomination. At
the Regional Conference in the year preceding the General Conference when
election is to be held, each Regional Conference shall vote on the list of
qualified candidates in order to select up to two (2) names to be nominated by
the Region. To qualify as a nominee, a
candidate must be selected by at least two (2) Regions.
The Moderators Nominating Committee will then present to
the General Conference qualified nominees for the purpose of election by
General Conference. Nominations from
the floor of General Conference will not be accepted. The term of office of the
Moderator and Vice-Moderator shall be staggered.
(2) ELDERS
SERVING REGIONS: The Board of Elders
shall appoint an Elders Nominating Committee of five (5) persons for each
Region. The members of each Elders
Nominating Committee shall include two (2) members from the Moderators
Nominating Committee and three (3) persons elected by the Region. Incumbent
Elders are not eligible to serve on the Elders Nominating Committee. The Elders Nominating Committee shall
actively solicit candidates for Elder to serve the Region. Individuals shall have the right to submit
names to the Elders Nominating Committee for consideration.
The Elders Nominating Committee shall review any and all
candidates and then present one (1) nominee to the Regional Conference for
election. If the Regional Conference
fails to elect the nominee, the Elders Nominating Committee may present another
nominee to the Regional Conference for election. If the Regional Conference is unable to achieve election, the
Board of Elders shall appoint someone to serve until the next Regional Conference.
(3) VACANCIES: In the event of a vacancy, the Board of
Elders shall appoint someone who meets the qualifications to fill the vacancy
until the next General or Regional Conference, as appropriate. An election shall be conducted at the next
General or Regional Conference, as appropriate.
In the event of a vacancy in the office of Moderator, the
Vice-Moderator shall serve as Interim Moderator until the next General
Conference, when an election shall be held to fill the vacancy.
d. DUTIES:
The primary responsibility of the Board of Elders shall be to give
pastoral leadership and care to enable the Fellowship in our spiritual
journey. The Board of Elders shall
exercise spiritual and pastoral authority to build a shared vision for the
UFMCC, prepare UFMCC for the future, and set UFMCC’s strategic direction. The Elders serve as official representatives
of the Fellowship in the areas of public and community relations. It is the
responsibility of the Board of Elders, except where specifically provided for
in these Bylaws, to make appointments to the various Fellowship boards,
commissions, committees and institutions.
The
Board of Elders is charged to carry out all directives of the General
Conference. All actions of the Board of
Elders must be reported to and approved by the General Conference, except where
specifically provided for in these Bylaws.
When church bodies or members of the Fellowship raise a question of
interpretation of the Bylaws by official action, the Board of Elders is
authorized to issue an advisory interpretation of the Bylaws for that
situation.
A
member of the Board of Elders shall not serve simultaneously as the Pastor,
staff member, or Lay Delegate of a local church; as a member of the Board of
Administration; or fulfill any other compensated position within UFMCC.
(1)
MODERATOR
AND VICE-MODERATOR: The Moderator and
Vice-Moderator serve as the primary visionaries and futurists in order to
advance the mission and vision of UFMCC worldwide through the exercise of
prophetic challenge, creativity, spiritual and pastoral authority, and
leadership. The Moderator is the
primary UFMCC spokesperson and shall moderate meetings of the Board of
Elders. The Moderator and
Vice-Moderator shall be responsible for leading the visioning process for the
Fellowship, having a presence at global events, teaching and training, engaging
in continuous learning, community relations, visitation and assistance in
Regions, ecumenical relations, and global social justice.
(2)
ELDER
SERVING A REGION: It shall be the
responsibility of the Elder serving a Region to facilitate affirmation of
Regional ministry goals; facilitate cooperation between churches; deliver
resourcing materials and services to local churches; assure provision of
pastoral care, guidance, and mentoring for pastoral leaders; assure systems of
delivery for conflict management and mediation; resource local churches for
recruitment and selection of pastoral leadership; assure opportunities for
leadership development and training for clergy and lay leaders; facilitate
strategic efforts, in cooperation with local churches; manage processes for
church affiliation and accountability; oversee the planning of Regional
conferences; and moderate Regional Conferences. The Elder serving a Region shall take residence within the
Region.
e. ACCOUNTABILITY, DISCIPLINE, AND
REMOVAL: The UFMCC cannot condone
disloyalty, unbecoming conduct, or dereliction of duty on the part of its
Elders and, therefore, makes the following provisions for accountability,
discipline, or removal:
(1)
ACCOUNTABILITY: All Elders, including the Moderator and
Vice-Moderator, shall be accountable to their respective Regions, the Board of
Elders, the UFMCC Bylaws, the UFMCC Elder’s Code of Conduct, and General
Conference. The Board of Elders shall
conduct biennial evaluations of the effectiveness of each Elder’s
ministry. The evaluation shall include
input from the Region being served.
(2)
DISCIPLINE: All charges against an Elder must be
submitted to the Board of Elders in written form signed by a minimum of one (1)
member of the clergy from each of ten (10) different churches and by the Lay
Delegates representing the majority of the Lay Delegate votes from each of ten
(10) different churches, and may be initiated by either the clergy or Lay
Delegates. The Elder must be given written notice of the charges, and at that
time becomes inactive and if salaried, remains fully compensated until final
disposition of these charges. The Elder has the right to appear and present
his/her own defense before the Board of Elders on his/her own behalf. The Board of Elders will then review the
charges, and, upon majority vote of the full Board, may remove the Elder or
take other such action as it may deem appropriate. The only appeal from the
decision of the Board of Elders will be to the General Conference of the
Fellowship, and written notice of such appeal must be filed with the Moderator
of the Board of Elders within thirty (30) days.
(3)
REMOVAL: If the Board of Elders determines that an
Elder is unable or unwilling to fulfill the responsibilities of the position,
the Board of Elders may, by a vote of two-thirds (2/3) of the full Board of
Elders, remove that Elder from the position.
3. BOARD OF ADMINISTRATION: The Board of Administration is
that body authorized by the General Conference to carry on the administrative
affairs of the UFMCC between General Conferences in an orderly manner. The Board of Administration is composed of
seven (7) persons appointed by the Board of Elders to be responsible for management
of UFMCC finances and operations and to serve as the corporation’s Board of
Directors, having charge of all matters pertaining to Articles of
Incorporation, all documents of legal organization, property, and finances of
the UFMCC.
a.
TERM
OF OFFICE: The term of office for
members of the Board of Administration shall be two years, staggered.
b. DUTIES: It shall be the responsibility of
the Board of Administration to assure that all policies, programs, and
practices of the UFMCC Headquarters support the ministry priorities established
by the General Conference and the Board of Elders, to be accountable to the
ministry priorities, and to reflect the ideals, values, and vision of the
UFMCC. The Board of Administration
shall approve, monitor, and review the UFMCC budget and operational budgets;
determine salaries for members of the Board of Elders; select, guide, support,
and evaluate the Executive Director, with selection being subject to
ratification by the Board of Elders; translate the UFMCC ideals, values, and
vision into policies to guide the Executive and senior staff in their
activities; work with the Executive Director to develop and monitor long-range
plans, goals, and objectives for the UFMCC Headquarters; ensure that the UFMCC
Headquarters and Regions have the financial resources needed to carry out the
mission and goals; ensure that all of its decisions and actions meet the
requirements of ethics and law, both civil and UFMCC Bylaws and mandates;
ensure that the UFMCC Headquarters uses all of its resources, including people
and money, as efficiently and effectively as possible; and elect UFMCC’s
corporate officers from among the members of the Board of Administration.
c. DISCIPLINE: The UFMCC cannot condone
disloyalty, unbecoming conduct, or dereliction of duty on the part of any member
of the Board of Administration and, therefore, makes the following provisions
for discipline or removal:
If the
Board of Administration determines that one of its members is unable or
unwilling to fulfill the responsibilities of the position, the Board of
Administration may, by a vote of two-thirds (2/3) of the full Board of
Administration, recommend that the Board of Elders remove that member from
position. The member must be given
written notice of the charges and, at that time, becomes inactive. The member has the right to appear and
present his/her own defense before the Board of Elders on his/her own
behalf. The Board of Elders will then
review the charges, and, upon majority vote of the full Board of Elders, may
remove the member of the Board of Administration or take such other action as
it may deem appropriate. The decision
of the Board of Elders shall be final.
A.
MEMBERS
IN GOOD STANDING: Any baptized Christian may become a member in good standing
of the local church. A local church has
the authority to determine any additional criteria for gaining and retaining
membership in that local church. Any
additional criteria shall be in accordance with UFMCC Bylaws and be compatible
with UFMCC core values.
B. FRIENDS OF THE CHURCH: A local church body may, if it desires,
accept into the Church person(s) who, for one reason or another, feel that they
cannot become regular members of the Church but who support the goals of the
Church and want to be part of the work of the church. Such people shall be
designated as “Friends of the Church.”
Friends may serve on appointed committees and may participate in all
activities of the Church. Friends may not, however, serve on the local church
administrative body and
may not vote at
congregational meetings. Friends shall not be considered in
determining the number of Lay Delegates that a local church body may send to
meetings of the General Conference or Regional Conferences.
C. DISCIPLINE: The UFMCC cannot condone disloyalty or unbecoming
conduct on the part of any of its members and friends; therefore, the local
church administrative body shall develop and implement a procedure for taking
appropriate disciplinary action, as it deems necessary.
CHURCH
SERVICES
Each local church body shall
hold services of public worship every week. Other worship services may be held
as determined by the Pastor with the approval of the local church
administrative body. In regard to the worship services of local church bodies,
the Sacrament of Holy Communion shall be offered at weekly worship, as well as
at other worship services at the discretion of the Pastor. Holy Baptism may be
administered at any appropriate service of the local church body or at any
other time, at the Pastor’s discretion.
ARTICLE
VIII
A. GENERAL CONFERENCE AND WORLD JUBILEE: For the purpose of the
transaction of business the UFMCC will hold a Biennial General Conference in
each odd-numbered year. A World Jubilee will be held in conjunction with
General Conference for the purpose of worship, celebration, education and
training. Meetings of regional/country groups will be held as part of the
Jubilee.
The
time and place of the World Jubilee/General Conference will be announced at the
previous World Jubilee/General Conference. Notice must be given in writing to
all church bodies ninety (90) days prior to the upcoming General Conference.
The
General Conference of the UFMCC is that body consisting of active and retired
credentialed clergy, Elders, the Chair of the Commission on the Laity, Lay
Delegates, the Pastor of each affiliated church, and the Interim Pastoral
Leader of each affiliated church when that Interim Pastoral Leader is a Member
of UFMCC. The transaction of all business except procedural matters must be
approved by a separate majority vote of the votes carried by Lay Delegates,
Interim Pastoral Leaders, lay Elders, and the Chair of the Commission on the
Laity; and a separate majority vote of the credentialed clergy. A quorum shall
consist of twenty percent (20%) of the number of lay people eligible to vote at
General Conference from at least two-thirds (2/3) of the Regions and twenty
percent (20%) of the number of credentialed clergy eligible to vote at General
Conference from at least two-thirds (2/3) of the Regions.
All
special General Conferences of the UFMCC can be called by a petition submitted
to the Board of Elders by fifty percent (50%) of all those persons eligible to
vote at General Conference. Initiation of this petition may be by either clergy
or laity. Such special conferences shall be governed by the same rules as those
pertaining to the General Conference with the exception that written notice
must be sent to all credentialed clergy and to all voting church bodies at least
thirty (30) days prior to the special conference. The nature and purpose of
special conferences must be stated in the petition and notices and must be
written into the agenda of the special conference.
B.
REGIONS:
Regional Conferences must be held at least once a biennium in even-numbered
years for the purpose of electing the Regional fiduciary body; electing members
to serve on the Elders Nominating Committee; electing an Elder to serve the
Region; selecting nominees for the positions of Moderator and Vice-Moderator;
and proposing amendments to the UFMCC Bylaws.
Participation in Regional Conferences shall be open to Lay and Clergy
Delegates from all affiliated churches within the boundaries of the Region. Thirty (30) days written notice of the
Regional Conference must be sent to all church bodies and clergy persons within
the Region. Voting rights at Regional
Conference shall be the same as for the General Conference. A Regional Conference quorum shall consist
of the Regional Elder (or a representative), twenty percent (20%) of the number
of lay people eligible to vote at Regional Conference, and twenty percent (20%)
of the number of credentialed clergy eligible to vote at Regional Conference.
Special
conferences of the various Regions of the UFMCC can be called by petition
submitted to the Elder serving the Region by fifty percent (50%) of the
credentialed clergy within the Region eligible to vote at a Regional Conference
and by fifty percent (50%) of the lay people within the Region eligible to vote
at a Regional Conference. The process
may be initiated by either the clergy or the laity. Such special conferences
shall be governed by the same rules as those pertaining to the regularly
scheduled Regional Conferences. The nature and purpose of special conferences
must be stated in the petition and notices and the agenda must be limited to
the purpose. Special conferences may also be called at the Regional level or by
other means as provided for in the Region’s Bylaws or Standard Operating
Procedures.
C. LOCAL: Each local church shall establish the percentage of members
required for the transaction of business, the process for notifying members of
the meeting, and the process for calling special meetings, unless otherwise
indicated in UFMCC Bylaws.
D. PROXY VOTING:
No proxy and/or absentee ballots shall be allowed in any
business meeting of this Fellowship, except where specifically provided for in
these Bylaws.
ARTICLE IX
CHURCH
FINANCES
A. FINANCIAL STEWARDSHIP: The UFMCC adopts and teaches tithing as
the scripturally affirmed means of supporting the church and its ministries,
and as the expression of good stewardship of time, skills, and money by
individuals and church bodies. Therefore, it shall be the responsibility of
both the clergy and the lay leadership of local churches to plan and implement
programs of stewardship both to help persons grow in the grace of giving and to
fund the church's ministries. An offering shall be received at each service of
public worship in the local church, Regional Conference, and World
Jubilee.
B. REPORTING: As of January 1, 2003, the local church
administrative body shall report all Church receipts each month to the UFMCC
and with that report shall remit fifteen percent (15%) of the funds
reported. As of January 1, 2004, the
amount to be remitted shall be fourteen and one-half percent (14-1/2%). Beginning in 2005, the amount to be remitted
shall be fourteen percent (14%) and then decrease by one percent (1%) per
biennium until the amount to be remitted is reduced to ten percent (10%),
unless the reduction is delayed or accelerated by a two-thirds (2/3) vote of
the General Conference.
Funds bequeathed and money collected for the following purposes
must be reported, but may be deducted from the total receipts before calculating
the percentages due the UFMCC:
(1)
FUNDS
TO MEET THE IMMEDIATE NEEDS OF PERSONS IN DISTRESS: This money may only be used to cover direct services without
which the recipient would be destitute or in personal danger.
(2)
BUILDING
FUND: This is money set aside to
construct or purchase a church facility which may include worship space,
meeting space, office space, kitchen facilities, classroom space, non-revenue
parking facilities, furniture and major equipment for these facilities. It may also be used for major renovation
costs and the payment of the principle on a building loan. Funds raised specifically to reduce the
principle on a building loan are tithe exempt as part of the building fund. Rent, mortgage interest payments, utilities,
minor equipment, and routine maintenance are not exempt.
(3) DELEGATES FUND: Expenses of sending the church's delegate(s)
and clergy to General Conference and Regional Conference.
Any
money transferred permanently or for a long term from any of the above exempt funds
into the General Fund must be added to the income figures for that month, and
tithes paid on them. Report and
remittance are due to the UFMCC on or before the tenth (10th) day of
the month following the month being reported.
Wherever
possible and desirable as determined by the Board of Administration, churches
shall send their tithe directly to the UFMCC Headquarters. However. the Board
of Administration may choose, in certain circumstances, to authorize special
accounts in other nations to hold in trust the ten percent (10%) UFMCC tithe
within that nation. The Board of Administration, upon the recommendation of the
Board of Elders, will name the signatories on said accounts and will approve a
budget for use of those monies for UFMCC purposes and programs within the
respective nation. The Board of
Administration shall establish appropriate policies and procedures concerning
the care of funds held in trust for UFMCC.
Whenever funds are transmitted internationally to UFMCC, Fellowship
Offices shall provide documentation satisfactory to national/regional
government authorities in the sending countries.
C BOARD OF PENSION ASSESSMENTS: Each local church administrative
body in the USA shall report quarterly the number of members in good standing
for each month within every quarter and shall remit the Board of Pensions
assessment as set by General Conference. Report and remittance are due to the
Board of Pensions on or before the tenth (10th) day of the month following the
quarter reported.
D. SIGNATURES: Any bank or financial account in the name of any
church body, Region, the UFMCC, or of any subordinate group or body, must
require two signatures for withdrawals, one of which must be that of an officer
elected or a person appointed under UFMCC Bylaws, the authorizing documents of
the Region, or the authorizing documents of the local church.
E. FORGIVENESS OF TITHES: The Board of Elders may grant
forgiveness of late tithes and assessments.
ARTICLE X
RESERVATION
OF POWERS
All powers not delegated by these Bylaws are reserved to
the local church bodies.
ARTICLE
XI
ADOPTION
AND AMENDMENTS
A.
ADOPTION:
These Bylaws shall become effective immediately upon adoption by the General
Conference of the UFMCC and shall become binding upon all members and church
bodies within the Fellowship.
B.
AMENDMENTS:
These Bylaws may be amended or repealed at any duly convened meeting of the
General Conference according to the procedures adopted by the General
Conference. Such amendments or repeals can only be effective if two-thirds
(2/3) of the duly authorized Lay Delegates and two-thirds (2/3) of the duly
authorized clergy attending vote in favor of such amendments or repeals.
C.
COMPLIANCE
WITH NATIONAL LAWS: If UFMCC Bylaws are inconsistent with laws of any nation or
other jurisdiction in which a local church body or a Region is organized, the
Board of Elders may allow the Bylaws or other organizational documents to
contain variances with these Bylaws to facilitate compliance of the local
church body with such laws.
Criteria:
In order for a Bylaw proposal to be
considered by the General Conference, the identical proposal must be sponsored
by:
1. A majority vote of the Board of Elders; or
2. A two-third (2/3) vote of one-third (1/3) or
more of the Regional Conferences.
Procedure for the Board of Elders:
A. Whenever a majority of the
Board of Elders votes to propose a Bylaw amendment, the Board of Elders shall
submit the full text of the proposal to the UFMCC staff member responsible for
managing governance processes.
B. Bylaw proposals from the
Board of Elders are due to the UFMCC staff member responsible for managing
governance processes no later than 60 days preceding General Conference.
C. Any Bylaw proposal submitted
by the Board of Elders, accompanied by an impact statement from the Board of
Administration, will be placed on the agenda of the next General Conference.
Procedure for Regions:
A. Whenever a Regional
Conference votes on a Bylaw amendment proposal, regardless of the outcome of
the vote, the Region shall submit to the UFMCC staff member responsible for
governance processes:
(1)
The full text of the proposal that was voted upon by the
Region; and
(2)
The outcome and date of the vote.
B.
When a
Bylaw proposal from a Region is submitted to the UFMCC staff member responsible
for managing governance processes, that staff member will take no action unless
the identical proposal is received from a minimum of one-third (1/3) of the
Regional Conferences within a three-year time span.
C.
In
order to be eligible to be placed on the agenda for a particular General
Conference, all Bylaw proposals from Regions are due to the UFMCC staff member
responsible for managing governance processes no later than 31 December of the
year preceding that General Conference.
D.
When it
is determined by the UFMCC staff member responsible for managing governance
processes that a proposal submitted during the preceding three (3) years meets
the criteria stated above, the Bylaw proposal, accompanied by an impact
statement from the Board of Administration, will be placed on the agenda of the
next General Conference.
Addendum
2
(as of
1 January 2003)
The judicial process begins when charges are brought as defined in the Bylaws (Article IV, paragraph B.1.d.). A distinction is made between a “complaint” and “charges.”
A. THE JUDICIARY COMMITTEE
The Board of Elders will appoint lay and clergy members of UFMCC to serve in an international judicial pool to service the entire Fellowship. These persons must be members in good standing of UFMCC. The term of office for the judicial pool shall be three (3) years. The UFMCC staff member responsible for risk management will provide training for the judicial pool.
Judiciary
Committee members will be selected by the UFMCC staff member responsible for
risk management from among members of the international judicial pool.
The clergy person, the
complainant(s), the Moderator, the Regional Elder(s) of the complainants(s) and
of the clergy person, and the UFMCC staff member responsible for risk
management shall be kept fully informed throughout the judiciary process.
If the investigation of a
complaint does not result in charges against the clergy person, the UFMCC staff
member responsible for risk management shall provide a written summary of the
investigation’s findings to the clergy person, the complainant(s), the Regional
Elder(s) of the complainants(s) and of the clergy person.
If the investigation of a complaint
does result in charges against the clergy person, the UFMCC staff member
responsible for risk management shall provide the following to the clergy
person, the complainant(s), the Regional Elder(s) of the complainant(s) and of
the clergy person:
1.
A copy of the complaint.
2.
A copy of the investigator’s report, including all
documentation or other evidence submitted to the investigator, and
determination of the UFMCC staff member responsible for risk management.
3.
A copy of the formal statement of charges.
4.
Date and location of the hearing.
5.
Names of personnel administering the process
(investigator(s), Judiciary Committee members, and those hearing the appeal).
6.
Decision of the Judiciary Committee and any penalty.
7.
Outcome of the appeal.
1.
Any church official (including but not limited to Clergy,
Lay Delegate, member of a local church administrative body, member of a
fiduciary body, etc.) who receives a complaint of alleged misconduct by a UFMCC
clergy person shall report the complaint to the Regional Elder or the UFMCC
staff member responsible for risk management within two (2) business days. When a complaint is reported to the Regional
Elder, the Regional Elder shall notify the UFMCC staff member responsible for
risk management within two (2) business days.
2. The clergy person may be placed on inactive
status by the UFMCC staff member responsible for risk management and she/he
shall cease to function as a clergy person until a final judgment is
reached.
3. Upon
receiving the complaint, the UFMCC staff member responsible for risk management
may choose to initiate a process of conflict intervention rather than
conducting an investigation. The UFMCC
staff member responsible for risk management shall specify the process for
conflict intervention in writing and shall send written notification to all
parties having access to information as specified in Section 2b above within
three (3) business days following receipt of the complaint. Within three (3) business days of completion
of the conflict intervention process, the UFMCC staff member responsible for
risk management shall determine whether (a) the matter has been satisfactorily
resolved or (b) an investigation will be conducted in continuance of the
judiciary process. All parties will be sent
written notification. A summary of the
outcome of the conflict intervention process shall be prepared by the UFMCC
staff member responsible for risk management and be placed in the clergy
person’s file and provided to all parties.
4. If the UFMCC staff member responsible
for risk management determined that an investigation should be conducted,
he/she shall, within three (3) business days of receiving a complaint or
conclusion of a conflict intervention process, select an investigator from
within the judicial pool to conduct a preliminary investigation.
a.
The investigation will be conducted within a time period
to be determined by the UFMCC staff member responsible for risk management and
may be extended, if necessary. All
parties will be immediately sent written notification of the appointment of the
investigator and the period of the investigation. This notification will include a copy of the written complaint.
b.
If an
appropriate person from the judicial pool is not available or if, in the
judgment of the UFMCC staff member responsible for risk management, particular
skills and/or expertise are needed to appropriately conduct the preliminary
investigation, such other person, with no vested interest in the proceedings,
may be appointed. Members of the Board of Elders may not serve as the
investigator in a judicial inquiry.
c.
The investigator’s report will be forwarded to the UFMCC
staff member responsible for risk management.
d.
If the
UFMCC staff member responsible for risk management determines that the
complaint is not substantiated, a record of the finding will be placed in the
clergy person's file to identify possible patterns of misconduct.
5. In
the event the clergy person admits to the allegations in writing, the UFMCC
staff person responsible for risk management will appoint a judiciary committee
to convene a meeting with the clergy person to determine resolution of the
matter. The meeting will occur within
thirty (30) days following receipt of the clergy person’s acknowledgement.
D. CHARGES
1. If the UFMCC staff member responsible for
risk management determines that the complaint has been substantiated, within
two (2) business days of receiving the report of the investigator, she/he shall
select three persons from the judicial pool to form the Judiciary Committee and
provide them with a copy of the charges on behalf of the complainant and a
complete record of her/his findings.
2.
The clergy person charged and the affected church/agency
will be immediately notified by the UFMCC staff member responsible for risk
management by sending them a copy of the charges.
E. THE HEARING
The Judiciary Committee will convene
a hearing within 45 days from the date of receiving the charges. The UFMCC staff member responsible for risk
management is not required to be present at the judiciary hearing. Further investigation may be conducted
during this interval. Professional
investigators may be used if deemed necessary by the Judiciary Committee and
the UFMCC staff member responsible for risk management. The hearing shall be conducted according to
the following guidelines:
1.
The
location of the hearing shall be in the Region in which the charges are brought
against a clergy person or in another venue deemed more appropriate by the
Judiciary Committee and the UFMCC staff member responsible for risk management.
2.
Both
the complainant and the person being charged shall be permitted to have an
advocate present at the hearing. Advocates are not legal counsel but are
present to provide support and may speak on behalf of the person they
represent.
3.
Any
audio, video, or written material that is to be considered at the hearing must
be submitted to the Judiciary Committee, the clergy person charged, the
complainant, and the UFMCC staff member responsible for risk management no
later than ten (10) business days prior to the hearing.
4.
Both
parties may present and have an opportunity to question witnesses. Only
first-hand information is acceptable.
5.
If
the clergy person who has been charged with a violation of the Code of Conduct
does not attend the Judiciary hearing, the evidence shall be considered by the
Judiciary Committee and a decision rendered.
6.
A
complete and accurate record of the hearing, including a complete audio record
of the proceedings, shall be prepared by the Judiciary Committee and retained
by the UFMCC staff member responsible for risk management.
7.
A
copy of the Judiciary Committee's written decision shall be sent to the
complainant and the clergy person by certified mail within five (5) business
days.
8.
A
unanimous decision is required in order to determine that the charges are
valid.
F. RESOLUTION
Following a unanimous decision of
the Judiciary Committee, the following actions shall be taken.
1.
The
UFMCC staff member responsible for risk management shall be informed of the
Judiciary Committee's decision. In the
event that the charges have been substantiated, the Judiciary Committee shall
determine the resolution, which may include removal of credentials or other
measures, and shall inform the UFMCC staff member responsible for risk
management and the Board of Elders. Any
penalty shall be invoked immediately.
2.
The
UFMCC staff member responsible for risk management shall appropriately
publicize the results of the hearing.
Upon conclusion of the hearing and appeals process, the administrative
body of the affected local church(es) or agency/agencies should be immediately
provided with a brief written statement approved by legal counsel which can be
read only to members of the congregation(s) and with a more detailed confidential
summary of the decision pursuant to the provisions of the confidentiality
agreement which would be available only to the members of the local church’s or
agency’s administrative body.
3. Audio and written records of the hearing and all evidence will be
retained by the UFMCC staff member responsible for risk management and a copy
of the charges and final decision will be placed in the clergy person's file.
4. The Regional Elder(s) may recommend appropriate sources of
pastoral care for the complainant(s), the clergy person charged, and the
impacted congregation(s) or agency/agencies.
G. APPEAL PROCESS
1.
Either
the complainant or the person charged may appeal the decision of the Judiciary
Committee.
2.
Appeals
must be made to the UFMCC staff member responsible for risk management within
seven (7) business days from the date that the clergy person/complainant
receives a copy of the final decision.
3.
Three
impartial members of the judicial pool shall be selected by the UFMCC staff
member responsible for risk management to serve on the Appeals Panel. Their decision must be determined within
seven (7) business days. Except in the
event that the judiciary process results in revocation of clergy credentials,
the judgment of the Appeals Panel shall be final.
4.
In the
event that the judiciary process results in revocation of clergy credentials,
an automatic review of the proceedings and appeals process will be conducted by
the Board of Elders within seven (7) business days. The determination of the Board of Elders is final.
5.
Copies
of the
decision of the Appeal Panel and of any review by the
Board of Elders will be sent to
the complainant and his/her
District Coordinator and Liaison Elder, the person charged and his/her District
Coordinator and Liaison Elder, the UFMCC staff member responsible for risk
management, and the Moderator. A copy
shall also be placed in the file of the person charged.
H. COSTS OF THE JUDICIAL PROCESS
1.
The
costs of the judicial process shall be the responsibility of the UFMCC. However,
the UFMCC reserves the right to seek restitution for expenses should the
charges be found frivolous or malicious.
2.
The
costs of bringing charges shall be borne by the complainant.
3.
The
costs for defense shall be the responsibility of the person against whom the
charges were brought.
If either party is financially unable to bear the costs
of the process, a request for assistance may be made to the Moderator, who will
make a decision.