A. Discipline Involving a Hearing

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A. Discipline Involving a Hearing

5105. Jurisdiction. Original jurisdiction over a member ordinarily belongs to the local church of which the person is a member. (For exceptions, see 5020:2.)

(1) Accusations against a member shall be submitted to the pastor (Disc. 725:15; GBP-5022). If there is no pastor, or if the pastor does not attend to the matter, the accusation shall be submitted to a member of the local board of administration. In either case, the accusation shall be presented to the local board of administration. Inquiry shall be made, and the local board of administration shall have charge of ordering an investigation (5012; 5024) and hearing if necessary. Any charge against a member must be sustained by two or more members of The Wesleyan Church. Whenever a hearing is ordered, the district superintendent shall be notified. If the accused member is a person licensed, commissioned or ordained by a district, or holding a district office, or serving or being employed by the General Church, the appropriate official shall be notified of the accusation(s) and proceedings.
(2) The authority of a local board of administration for a developing church shall be exercised by the district superintendent (Disc. 1310:15).
(3) The district superintendent, when requested to do so by the local board of administration, shall have authority to provide for any unusual circumstances not provided for in The General Board Policy for Church Discipline and Ministerial Restoration, and to appoint, when necessary, any members from another Wesleyan church in the district or ministers from the district to a local judicial committee (GBP-5110:1–2; cf. Disc. 1310:18).
(4) When a member, who resides away from the church in which membership is held and attends another Wesleyan church, is accused of improper or immoral conduct, the pastor and the local board of administration where the member attends shall have authority to make an official investigation of such accusation (5012). If, pursuant to such investigation, an accusation is drawn up against such a member, it shall be presented to the pastor of the local church where the accused holds membership.

5110. Local Judicial Committee. Charges against a member shall ordinarily be heard and determined by a local judicial committee (cf. 5125).

(1) A local judicial committee shall consist of not fewer than three covenant members (cf. 5054), which shall be selected by the local board of administration (cf. 5105:3), as the occasion may arise, from its own membership or the membership of the local church (Disc. 782:12; 970). The committee shall serve from the time of its appointment until it shall hear and determine the matter.
(2) The local board of administration shall designate the chair or may request the district superintendent to do so (cf. 5105:3). The chair of the local judicial committee shall be the presiding officer and shall conduct the proceedings in accord with this General Board Policy for Church Discipline and Ministerial Restoration.
(3) It shall be the duty of the local judicial committee to hear and determine the charges, to render a verdict concerning the guilt or no guilt of the accused, and to recommend to the local board of administration the discipline, if any, to be imposed (5115–5120). A two-thirds majority vote of all members of the committee shall be required to render a verdict. Discipline, if required, shall be administered by the local board of administration, and may take the form of admonition, rebuke, suspension, removal or dismissal, and said board may also require apology or restitution.
(4) An appeal may be taken concerning the verdict and/or discipline to the district board of review, within thirty days (5221:1; 5062–5068).