Judicial Council Decisions

Decisions: 701-800

701. Review of Bishop's Decision of Law in the South Carolina Conference Concerning Consultation in the Appointment Process.

702. 1) Meaning, Application, and Effect of Par. 4 of the Constitution inRelation to Pars. 71(f), 402.2, 436 and 2623.1(b), Including Questions of Constitutionality. (2) Status of a Person Approved by the Annual Conference Clergy Session As a Clergy Member But Who is Considered Under Paragraph 402.2 to Be Ineligible for Appointment by the Bishop. (3) Legality of Clergy Session Action to Continue as Probationary Member a Person Understood to be a Self-avowed Practicing Homosexual. (4) Eligibility of a Person Considered to be a Self-avowed Practicing Homosexual to Become an Ordained Elder, to Receive an Appointment, Continue on Leave of Absence, or Continue to Hold Probationary Membership and Deacon's Orders.

703. Effective Date of Creation of New Annual Conferences by the Philippines Central Conference.

704. Clarification of Decisions 691, 694, 698

705. Review of Bishop's Decision of Law in the Northern Illinois Conference Concerning Procedures Related to Decision of Law in Regard to Judicial Council Decision 685.

706. Review of Bishop's Decision of Law in the North Carolina Conference Concerning Authority of Administrative Board to Make Changes in Policy.

707. Review of Bishop's Decision of Law in the Wyoming Conference ConcerningLegality of Direct Billing of Health Insurance Premiums to Each Local Church.

708. Review of Bishop's Decision of Law in the California-Pacific Conference Concerning Report of Board of Ordained Ministry Which Does Not Define "Self-Avowed Practicing Homosexual."

709. Provisions for Election to Life Tenure as Bishop in the Philippines Central Conference.

710. Review of Bishop's Decision of Law in the Uniting Conference for the New England Conference Concerning Legality of Actions Taken by the Executive Committee of the Northeastern Jurisdictional Conference and the Bishop, Cabinet, and Council On Ministries of each of the Three Constituent Conferences.

711. Petition from the North Arkansas Conference for a Declaratory Decision to Interpret that Portion of Par. 735.1 which Prohibits a Member of the Staff of the Annual Conference or Any of its Agencies, or a Family Member of such Staff, from Serving as a Member of the Committee on Episcopacy.

712. Mandatory Agencies in the New York Conference Plan of Organization, with Particular Reference to Pars. 740 and 741.

713. Legality of Conference Action Making Eligibility for Appointment Contingent on Payment of Medical Insurance Premiums.

714. Legality of Conference Action Declaring Some Topics Inappropriate for Worship Services Sponsored by Any Church or Other Organization Within That Conference.

715. Legality of Setting Salaries of Individual District Superintendents Based on Their Previous Salaries.

716. Eligibility of Clergy Member Under Suspension to Participate in the Ministerial Pension Plan or Comprehensive Protection Plan and Legality of Annual Conference Contract with Outside Parties for Pension or Insurance Benefits for Clergy Member under Suspension.

717. Eligibility for Pension and Other Benefits for Clergy Who Retire Early or Who Are Classified as Honorable Location-Retired.

718. Constitutionality, Meaning, Application, and Effect of Par.1418.5, Providing for the Seating of Deaconesses in the Annual Conference With Voice and Vote.

719. Review of Bishop's Decision of Law in the North Texas Conference Concerning Requirements for Full Clergy Membership and Elder's Orders.

720. Petition from the North Alabama Conference Concerning Determination of Responsibility for Unfunded Pension Liability.

721. Legality of Involuntary Leave of Absence Procedures.

722. Legality of a Resolution Defining "Self-Avowed Practicing Homosexual."

723. Joint Review Process in Light of Judicial Council Decisions, with Specific Reference to Pars. 451.1(c); 2622.1, .3, .4, .5, .6, and .7; and 2625.1(b).

724. Involuntary Leave of Absence Procedures.

725. Legality of a Definition of "Self-Avowed Practicing Homosexual."

726. Matters Related to Grievance Procedures, with Particular Reference to Involuntary Leave of Absence.

727. Petition from the Florida Conference for a Declaratory Decision Concerning Conference Policy on Clergy and Diaconal Ministerial Ethics.

728. Review of Bishop's Decision of Law in the Minnesota Conference Concerning Adoption by the Annual Conference of Procedures for Dealing With Grievances and Complaints.

729. Review of Bishop's Decision of Law in the Minnesota Conference Concerning Effects of Changes in Statute of Limitations on Readmission to Clergy Membership in Conference.

730. Review of Bishop's Decision of Law in the Wisconsin Conference Concerning Grievance Procedures.

731. Petition from the Eastern Pennsylvania Conference for a Declaratory Decision Concerning Confidentiality Requirements in Par. 454.

732. Review of Bishop's Decision of Law in the West Virginia Conference Concerning Matters of Ordination, Character, and Conference Relations of Clergy and the Proper Annual Conference Body to Consider Such Matters.

733. Petition from the Detroit Conference for Judicial Council Examination of Conference "Policies and Procedures for Dealing with Clergy Sexual Misconduct" to Determine Compatibility with the Discipline.

734. Petition from the East Ohio Conference for a Declaratory Decision as to Legality of Conference Sexual Ethics Policy in Light of Pars. 701ff.

735. Changes in Episcopal Areas, With Reference to Possible Conflicts Between Pars. 15.10 and 51 and Par. 43 as Amended by the 1992 General Conference and Ratified by Annual Conferences.

736. Review of Policies and Procedures for Dealing with Sexual Harassment, Sexual Misconduct, and Sexual Abuse Such as Adopted by the 1994 Detroit Annual Conference.

737. Review of the Florida Conference Policy on Clergy and Diaconal Ministerial Ethics.

738. Review of the East Ohio Conference Sexual Ethics Policy.

739. Review of Bishop's Decision of Law in the Northern Illinois Conference Concerning Referral of a Matter to the Joint Review Committee.

740. Review of Bishop's Decision of Law in the Minnesota Conference Concerning Adoption by the Annual Conference of Procedures for Dealing With Grievances or Complaints.

741. Review of Bishop's Decision of Law in the Minnesota Conference Concerning Effect of Changes in Statute of Limitations on Readmission to Clergy Conference Membership.

742. Review of Bishop's Decision of Law in the West Virginia Conference Concerning Legality of Lay Members Voting on Policies Affecting Clergy Members of Annual Conference.

743. Legality of Annual Conference Payment of Health Care Premiums for Diaconal Ministers.

744. Legality of Budget Procedures in the East Ohio Conference.

745. Proper Procedures for Transfer of a Bishop Across JurisdictionalLines.

746. Review of Bishop's Response to Request for Decision of Law in the North Central New York Conference Concerning Grievance Procedures.

747. Review of Bishop's Response to Request for Decision of Law in the Rocky Mountain Conference Concerning Grievance Procedures.

748. Denial of Petition to Reconsider Judicial Council Memorandum No. 724.

749. Review of Bishop's Decision of Law in the Western New York Conference as to the Right of a Clergy Member to Examine Files Related to His/Her Ministry."

750. Review of Bishop's Decision of Law in the Wisconsin Conference Concerning Grievance Procedures.

751. Confidentiality Requirements in Par. 454.

752. Review of Progress Made by General Board of Pension and Health Benefits and the North Alabama Conference Toward Resolving the Dispute Over Unfunded Pension Liability Costs.

753. Review of Report of Minnesota Conference Board of Ordained Ministry Relative to Judicial Council Decision 741.

754. Review of Bishop's Decision of Law in the Minnesota Conference Concerning Right of the Annual Conference to Vote on a Motion to Grant Voluntary Leave of Absence to a Person Who Had Surrendered Credentials Under Circumstances Affected by the Statute of Limitations.

755. Review of Bishop's Decision of Law in the Minnesota Conference Concerning Right of the Annual Conference to Vote on a Motion to Grant Retired Relationship to a Clergy Member Whose Prior Withdrawal Has Been Ruled Null and Void.

756. Authority of the Annual Conference to Change, Negate, or Defer Trial Court Decisions or Actions Ratified by the Clergy Session and Affirmed by the Judicial Council.

757. Review of Bishop's Decision of Law in the Alabama-West Florida Conference Concerning Leave of Absence and Grievance Procedures.

758. Resolution of the Controversy Between General Board of Pension and Health Benefits and the North Alabama Conference Referred to in Decision 720 and Memorandum 752.

759. Review of Bishop's Decision of Law in the New England Conference Concerning Authority of the Annual Conference to Require Local Church Participation in a Conference Property and Liability Insurance Program.

760. Review of Bishop's Decision of Law in the Iowa Annual Conference Concerning Validity of Clergy Membership Termination Procedures.

760. Review of Bishop's Decision of Law in the Iowa Annual Conference Concerning Validity of Clergy Membership Termination Procedures.

761. Effects of Changes in the 1992 Discipline in the Statute of Limitations for Complaints Against a Bishop.

762. Review of Bishop's Decision of Law in the Detroit Conference Concerning Grievance Procedures.

763. Review of Bishop's Decision of Law in the North Central New York Conference Concerning Various Aspects of Grievance Procedures and Bishops' Decisions of Law.

764. Review of Bishop's Decision of Law in the California-Pacific Conference as to Constitutionality of Definition of Self-avowed Practicing Homosexual.

765. Review of Bishop's Decision of Law in the Western New York Conference Concerning Access to Clergy Records.

766. Legality of the Age Factor Used by the General Board of Pension and Health Benefits in Determining Premium Amounts.

767. Review of Bishop's Decision of Law in New England Conference Concerning Clergy Member's Right to Trial.

768. Review of Bishop's Decision of Law in the Iowa Conference as to the Legality of the Iowa Conference Policy on Power and Sexual Abuse.

769. Constitutionality, Meaning, Application, or Effect of Pars. 452.3, 705.6, and 452.2(d) of the 1992 Discipline.

770. Review of Bishop's Decision of Law in the Oregon-Idaho Conference Concerning Involuntary Leave of Absence and Conference Membership Termination Procedures.

771. Review of Bishop's Decision of Law in the Tennessee Conference Concerning Legality of Appointment of a Clergy Member as a Staff Physician at a Hospital.

772. Review of Bishop's Decision of Law in the Iowa Conference Concerning Validity of Request for Surrender of Credentials.

773. Petition for Reconsideration of Memorandum No. 746.

774. Petition for Reconsideration of Memorandum No. 750.

775. PETITION FOR RECONSIDERATION OF MEMORANDUM NO. 752.

776. Review of Bishop's Decision of Law in the Iowa Conference Concerning Validity of Request for Surrender of Credentials

777. Review of Bishop's Decision of Law in the Alabama-West Florida Conference Concerning Leave of Absence and Grievance Procedures,

778. Meaning, Application and Effect of Pars 270.2 and 735, With Specific Reference to Eligibility of Otherwise Qualified Spouse of A Bishop to Serve on the Jurisdictional Committee on Episcopacy.

779. Review of Bishop's Decision of Law in the Tennessee Conference Concerning Legality of Appointment of a Clergy Member as a Staff Physician at a Hospital

780. Reconsideration of Decision 754.

781. Petition from the General Council on Finance and Administration for a Declaratory Decision as to the Constitutionality, Meaning, Application, and Effect of Paragraphs 507.1 and 923 of the 1992 Discipline as They Affect the Date on Which Newly-Elected Bishops Receive Salary from the Episcopal Fund.

782. Petition from the West Michigan Conference for a Declaratory Decision as to the Status of a Clergy Member Affected by Leave of Absence Procedures, in Light of Pars. 36, 448.11 704.4, and 705.6. and Review of Bishops Decision of Law in the West Michigan Conference Concerning Legality of Leave of Absence Recommendations and Actions.

783. The respondent is placed in the same status as he would have been before the special clergy session of the West Michigan Annual conference. He is entitled to salary and other benefits as of July 11, 1995, and to a pastoral appointment immediately. The questions of law referred to Donald Ott, the presiding bishop, and his answers are now, in light of the ruling on this declaratory decision, either duplicative or irrelevant to the issue:

784. General Conference Petition for Declaratory Decision on Questions of Law Submitted by the Northeastern Jurisdictional Review Committee Relating to Grievances, Statute of Limitations, and Double Jeopardy.

785. Petition from 1996 General Conference for a Declaratory Decision as to the Constitutionality, Meaning, Application or Effect of Newly Adopted Legislation in Pars. 710.1, 710.7, 711, and 716.la(2) Regarding Adjustments to Annual Conference Budgets.

786. Petition from the 1996 General Conference Regarding the Constitutionality, Meaning, Application, or Effect of Proposed Legislation to Delete the Second Paragraph of Par. 810.3.

787. Petition for Reconsideration of Decision No. 766.

788. Request From the West Ohio Annual Conference for a Declaratory Decision on Whether a Resolution Entitled "Confidentiality and Responsibility for Addressing Sexual Misconduct and Harassment" Violates ¶ 440.5 of the 1992 Discipline.

789. Referral From the Tennessee Annual Conference Concerning Legality of "Sexual Misconduct Policy" Adopted by the Conference

790. Review of Bishop's Decision of Law in the Southwest Texas Conference on Whether Standards for Clergy in ¶ 420 of the 1992 Discipline May Be Applied to Lay Members of the Church.

791. Review of Bishop’s Decision of Law in the Southwest Texas Annual Conference on Whether a Person May Be Denied the Right To Lead and/or Participate in Activities and Programs of the Church in Accordance With Article 4 of the Constitution and ¶ 113 of the 1992 Discipline.

792. Referral from General Conference on the Conflict of the Adoption of Amendments to ¶ 441 of the 1992 Discipline with ¶¶ 248 and 720 Which Delegate to the Charge Conference the Authority to Set the Pastor’s Salary.

793. Review of Bishop's Decision of Law in the Philippines Central Conference Concerning the Petition for Autonomous Structure of the Philippines Central Conference Being Referred to the Central Conference for Final Decision.

794. Review of Bishop's Decision of Law in the Wisconsin Annual Conference Concerning the Legality of Adoption by the Annual Conference of a "Resolution to Become a Reconciling Conference."

795. Review of Bishop's Decision of Law in the New York Annual Conference on the Transfer of Two Churches to the Wyoming Annual Conference.

796. Review of Bishop's Decision of Law in the Iowa Annual Conference Concerning Legality of Procedures Related to a Clergy Member's Suspension and Subsequent Trial. Review of Bishop's Decision of Law in the Iowa Annual Conference Concerning Violation of ¶¶ 454 and 2622 of the 1992 Discipline in the Definition of "Prescription" Used by the Iowa Conference in Dealing With Matters of Clergy Ineffectiveness. Review of Bishop's Decision of Law in the Iowa Annual Conference Concerning the Authority of the Clergy Session in Matters of Changes of Conference Relations. Review of Bishop's Decision of Law in the Iowa Annual Conference Concerning Ratification of Ruling of a Trial Court.

797. Review of Bishop's Decision of Law in the Peninsula-Delaware Conference Concerning the Constitutionality of "Mission Area Ministries" Adopted as a Part of a Resolution Entitled "A Call to Change."

798. Review of Bishop’s Decision of Law in the Minnesota Conference Concerning Validity of Voluntary Surrender of Credentials of a Clergy Member.

799. Review of Bishop’s Decision of Law in the Iowa Annual Conference Concerning Legality of Procedures Related to a Clergy Member’s Suspension and Subsequent Trial. Review of bishop’s Decision of Law in the Iowa Annual Conference Concerning Violation of ¶ ¶454 and 2622 of the 1992 Discipline in the Definition of

800. Request from the West Ohio Annual Conference for Reconsideration of Judicial Council Decision 788.

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