Decision Number 917

SUBJECT TO FINAL EDITING


October 25, 2001

Decision


The doctrine of separation of powers and the provisions of fair process in administrative hearings prohibit the district superintendent named by the bishop as a representative of the cabinet from participating in the deliberations of the board of ordained ministry, and its committees, and voting in such bodies, on the administrative processes under ¶ 318.6 (involuntary discontinuation of probationary membership), ¶ 356.3 (involuntary retirement), and ¶ 359.3 (administrative complaint). In any such matter, the district superintendent shall not be present for the deliberations and the vote, and shall not discuss with the board of ordained ministry and its committees substantive issues in the absence of the responding clergyperson.

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