¶ 2525. Local Church Board of Trustees' Qualifications—In each pastoral charge consisting of one local church, there shall be a board of trustees, consisting of not fewer than three nor more than nine persons, and it is recommended that at least one-third be laywomen and that at least one-third be laymen. The trustees shall be of legal age as determined by law, and at least two-thirds shall be professing members of The United Methodist Church (see ¶¶ 258.1, .3; 2530). No pastor is a voting member of the board of trustees unless elected as a member.
¶ 2526. Local Church Board of Trustees’ Election—The members of the board of trustees shall be divided into three classes, and each class shall as nearly as possible consist of an equal number of members. At the charge conference, on recommendation by the committee on nominations and leadership development or from the floor, it shall elect, to take office at the beginning of the ensuing calendar year or at such other times as the charge or church conference may set, to serve for a term of three years or until their successors have been duly elected and qualified, the required number of trustees to succeed those of the class whose terms then expire; provided, however, that nothing herein shall be construed to prevent the election of a trustee to self-succession.8 The charge conference may assign the responsibility for electing trustees to a church conference.
¶ 2527. Church Local Conference—Duties, Authority, and Membership—1. In a pastoral charge consisting of two or more local churches, a church local conference, constituted and organized under the Discipline of The United Methodist Church in each local church therein, shall be vested with authority and power in matters relating to the real and personal property of the local church concerned. Such church local conference shall elect the board of trustees of such local church in number and manner described in ¶ 2526, and the duties of such trustees, duly elected, shall be the same as and identical with the duties described in ¶ 2528. The duties, authority, and power vested in the church local conference, insofar as they relate to the property, real and personal, of the local church concerned, are the same as and identical with the authority and power vested in the charge conference of a pastoral charge of one local church (¶ 2529); and the authority, power, and limitations therein set forth shall be applicable to the church local conference as fully and to the same extent as if incorporated herein. The effect of the provisions for a church local conference is to give to each local church in a charge of two or more churches, rather than to the pastoral charge conference, supervision over and control of its own property, subject to the limitations prescribed in the Discipline with regard to local church property.
2. Whenever required under The Book of Discipline of The United Methodist Church for matters relating to real or personal property of the local church or to mergers of churches, a local church in a pastoral charge consisting of two or more local churches shall organize a church local conference. The membership of the church local conference shall consist of the persons specified for membership of the charge conference (¶ 246.2) so far as the officers and relationships exist within the local church, except that the pastor shall be a member of each church local conference. The provisions of ¶ 246.2-.10 relating to membership qualification and procedures of a charge conference shall be applicable to membership qualifications and procedures of a church local conference.
¶ 2528. Charge or Cooperative Parish Board of Trustees—1. A pastoral charge composed of two or more churches, each having a local board of trustees, may have, in addition, a board of trustees for the charge as a whole. This board shall hold title to and manage the property belonging to the entire charge, such as parsonage, campground, burial ground, and such other property as may be committed to it. It shall receive and administer funds for the charge in conformity with the laws of the state, province, or country in which the property is located. This board shall consist of no fewer than three persons, at least two-thirds of whom shall be professing members of The United Methodist Church and of legal age as determined by law. These trustees shall be elected by the charge conference for three years or until their successors are elected.
2. A cooperative parish composed of two or more charges may have, in addition to its charge trustees and local church trustees, a board of trustees for the cooperative parish as a whole. This board shall hold title to and manage the property belonging to the cooperative parish in accordance with ¶¶ 2503, 2527, and 2528. These trustees shall be elected by the charge conference and/or church local conference related to the cooperative parish and shall be representative of each congregation that composes the cooperative parish.
3. The board of trustees of a charge shall provide for the security of its funds, keep an accurate record of its proceedings, and report to the charge conference to which it is amenable.
4. When two or more local churches compose a single pastoral charge having a parsonage and one or more thereof is separated from such charge and established as a pastoral charge or united with another pastoral charge, each such local church shall be entitled to receive its just share of the then-reasonable value of the parsonage in which it has invested funds, with the exception that those churches departing from a circuit who had joined the circuit after the parsonage was acquired would have no claim on any value of the parsonage. The amount of such value and just share shall be determined by a committee of three persons, appointed by the district superintendent, who shall be members of The United Methodist Church but not of any of the interested local churches. Such committee shall hear all interested parties and shall take into account the investment of any church in any such property before arriving at a final determination. From any such determination there is reserved to each of the interested churches the right of appeal to the next succeeding annual conference, the decision of which shall be final and binding. Any sum received as or from such share shall not be applied to current expense or current budget.
¶ 2529. Charge Conference Authority—In a pastoral charge consisting of one local church, the charge conference, constituted as set forth in ¶¶ 246-247, shall be vested with power and authority as hereinafter set forth in connection with the property, both real and personal, of the said local church. In fulfilling that duty, the charge conference may delegate certain duties and responsibilities to the board of trustees as described below. However, the board of trustees shall always be subject to the direction of the charge conference. The charge conference may:
1. a) If it so elects, direct the board of trustees to incorporate the local church, expressly subject, however, to the Discipline of The United Methodist Church (see ¶ 2506) and in accordance with the pertinent local laws and in such manner as will fully protect and exempt from any and all legal liability the individual officials and members, jointly and severally, of the local church and the charge, annual, jurisdictional, and general conferences of The United Methodist Church, and each of them, for and on account of the debts and other obligations of every kind and description of the local church.
b) Regardless of whether the charge conference elects to incorporate the local church, the local church:
(1) must be organized and operated in compliance with the Discipline;
(2) cannot act in a manner contrary to the purpose of The United Methodist Church, the annual conference, or the Discipline; and
(3) cannot sever its connectional relationship to The United Methodist Church without the consent of the annual conference.
c) The organizing documents (articles of incorporation, charter, bylaws, or equivalents) of a local church shall reflect its connectional relationship to The United Methodist Church. The adoption or modification of a local church’s organizing documents must be approved, in writing, by its pastor and district superintendent. Specifically, local church organizing documents shall, at a minimum:
(1) require the local church to be organized and operated in compliance with the Discipline;
(2) prohibit the local church from acting in a manner contrary to the purpose of The United Methodist Church, the annual conference, or the Discipline;
(3) prohibit the local church from severing its connectional relationship to The United Methodist Church without the annual conference’s consent;
(4) require the pastor and the district superintendent to approve, in writing, the adoption of, and changes to, the local church’s organizing documents; and
(5) include language consistent with the Internal Revenue Code to protect the local church’s tax-exempt status.
d) The failure of a local church’s organizing documents to meet the requirements of ¶ 2529.1c(1)-(4) does not relieve the local church of its connectional responsibilities to The United Methodist Church, nor does it absolve its pastor and membership of the responsibility to operate the local church as a United Methodist church, in accordance with the Discipline. The organizing documents are deemed modified to the extent necessary to comply with ¶ 2529.1c(1)-(4) if any of the circumstances described in ¶ 2503.6a-c apply. Direct the board of trustees with respect to the purchase, sale, mortgage, encumbrance, construction, repairing, remodeling, and maintenance of any and all property of the local church.
2. Direct the board of trustees with respect to the acceptance or rejection of any and all conveyances, grants, gifts, donations, legacies, bequests, or devises, absolute or in trust, for the use and benefit of the local church, and to require the administration of any such trust in accordance with the terms and provisions thereof and with the local laws appertaining thereto. (See ¶ 2533.5.)
3. Direct the board of trustees to do any and all things necessary to exercise such other powers and duties relating to the property, real and personal, of the local church concerned as may be committed to it by the Discipline.
4. To recommend that consideration be given to placing such investable property with a United Methodist foundation serving such charge conference, to benefit the local church, charge conference or their successors, or in the absence of such a foundation, with the United Methodist Foundation.
¶2530. Local Church Board of Trustees’ Organization and Membership—The board of trustees shall organize as follows:
1. Within thirty days after the beginning of the ensuing calendar or conference year (whichever applies to the term of office), each board of trustees shall convene at a time and place designated by the chairperson, or by the vice chairperson in the event that the chairperson is not reelected a trustee or because of absence or disability is unable to act, for the purpose of electing officers of the said board for the ensuing year and transacting any other business properly brought before it.
2. The board of trustees shall elect from the membership thereof, to hold office for a term of one year or until their successors shall be elected, a chairperson, vice chairperson, secretary, and, if need requires, a treasurer; provided, however, that the chairperson and vice chairperson shall not be members of the same class; and provided further, that the offices of secretary and treasurer may be held by the same person; and provided further, that the chairperson shall be a professing member of the local church. The duties of each officer shall be the same as those generally connected with the office held and which are usually and commonly discharged by the holder thereof. The church local conference may, if it is necessary to conform to the local laws, substitute the designations president and vice president for and in place of chairperson and vice chairperson.
3. Where necessity requires, as a result of the incorporation of a local church, the corporation directors, in addition to electing officers as provided in § 2 above, shall ratify and confirm by appropriate action and, if necessary, elect as officers of the corporation the treasurer or treasurers, as the case may be, elected by the charge conference in accordance with the provisions of the Discipline, whose duties and responsibilities shall be as therein set forth. If more than one account is maintained in the name of the corporation in any financial institution or institutions, each such account and the treasurer thereof shall be appropriately designated.
¶ 2531. Removal of Local Church Trustees; Vacancies—1. Should a trustee withdraw from the membership of The United Methodist Church or be excluded therefrom, trusteeship therein shall automatically cease from the date of such withdrawal or exclusion.
2. Should a trustee of a local church or a director of an incorporated local church refuse to execute properly a legal instrument relating to any property of the church when directed so to do by the charge conference and when all legal requirements have been satisfied in reference to such execution, the said charge conference may by majority vote declare the trustee’s or director’s membership on the board of trustees or board of directors vacated.
3. Vacancies occurring in a board of trustees shall be filled by election for the unexpired term. Such election shall be held in the same manner as for trustees. A vacancy occurring ad interim may be filled until the next charge conference by the church council.
¶ 2532. Meetings of Local Church Boards of Trustees—The board of trustees shall meet at the call of the pastor or of its chairperson at least annually at such times and places as shall be designated in a notice to each trustee and the pastor(s) at a reasonable time prior to the appointed time of the meeting. Waiver of notice may be used as a means to validate meetings legally where the usual notice is impracticable. A majority of the members of the board of trustees shall constitute a quorum.
¶ 2533. Board of Trustees’ Powers and Limitations—1. Subject to the direction of the charge conference, the board of trustees shall have the supervision, oversight, and care of all real property owned by the local church and of all property and equipment acquired directly by the local church or by any society, board, class, commission, or similar organization connected therewith, provided that the board of trustees shall not violate the rights of any local church organization elsewhere granted in the Discipline; provided further, that the board of trustees shall not prevent or interfere with the pastor in the use of any of the said property for religious services or other proper meetings or purposes recognized by the law, usages, and customs of The United Methodist Church,9 or permit the use of said property for religious or other meetings without the consent of the pastor or, in the pastor’s absence, the consent of the district superintendent; and provided further, that pews in The United Methodist Church shall always be free; and provided further, that the church local conference may assign certain of these duties to a building committee as set forth in ¶ 2544 or the chairperson of the parsonage committee, if one exists.
2. The board of trustees shall annually compare the existence and adequacy of the church’s insurance coverages to an insurance schedule annually published by the General Council on Finance and Administration. The purpose of this review is to ensure that the church, its properties, and its personnel are properly protected against risks. The board shall include in its report to the charge conference (¶ 2550.7) the results of its review and recommendations needed to timely bring the church into compliance with the published schedule.10
3. When a pastor and/or a board of trustees are asked to grant permission to an outside organization to use church facilities, permission can be granted only when such use is consistent with the Social Principles (¶¶ 160-164) and ecumenical objectives.
4. The chairperson of the board of trustees or the chairperson of the parsonage committee, if one exists, the chairperson of the committee on pastor-parish relations, and the pastor shall make an annual review of the church-owned parsonage to ensure proper maintenance.
5. Subject to the direction of the charge conference as hereinbefore provided, the board of trustees shall receive and administer all bequests made to the local church; shall receive and administer all trusts; and shall invest all trust funds of the local church in conformity with laws of the country, state, or like political unit in which the local church is located. Nevertheless, upon notice to the board of trustees, the charge conference may delegate the power, duty, and authority to receive, administer, and invest bequests, trusts, and trust funds to the permanent endowment committee or to a local church foundation and shall do so in the case of bequests, trusts, or trust funds for which the donor has designated the committee or the local church foundation to receive, administer, or invest the same.
The board of trustees is encouraged to invest in institutions, companies, corporations, or funds that make a positive contribution toward the realization of the goals outlined in the Social Principles of our Church. The board of trustees is to act as a socially responsible investor and to report annually to the charge conference regarding its carrying out of this responsibility. When such property is in the form of investable funds, the board of trustees shall consider placement for investment and administration with the United Methodist foundation serving that conference or, in the absence of such a foundation, with the United Methodist Church Foundation. A conscious effort shall be made to invest in a manner consistent with the Social Principles and the creation of an investment policy.
6. The board of trustees shall conduct or cause to be conducted an annual accessibility audit of their buildings, grounds, and facilities to discover and identify what physical, architectural, and communication barriers exist that impede the full participation of people with disabilities and shall make plans and determine priorities for the elimination of all such barriers. It is highly encouraged that members of the congregation or from the community who have disabilities, who are family members of persons with disabilities, and who are builders or architects or rehabilitation professionals be involved in conducting the audit. The Accessibility Audit for churches shall be used in filling out the annual church and/or charge conference reports.
7. Annually the board of trustees shall, in consultation with the pastor and the local church historian (if there is one), evaluate the adequacy of the facilities that house the church’s permanent records, archival materials, and historical objects (¶ 247.5), with particular attention to conditions that endanger them, and shall recommend to the charge conference a plan to correct any deficiencies.
8. The board of trustees is urged to conduct or cause to be conducted an annual carbon footprint and/or greenhouse gas emissions audit of their buildings, grounds, and facilities to discover and identify what physical, architectural, and communication barriers exist that impede the church from being at least carbon neutral and/or having at least net zero greenhouse gas emissions and make plans and determine priorities for the elimination of such barriers. This audit for churches may be used in filling out the annual church and/or charge conference reports.
8. See Judicial Council Decision 130.
9. See Judicial Council Decision 1503.
10. See Judicial Council Decisions 866, 1142.
From The Book of Discipline of The United Methodist Church - 2020/2024. Copyright © 2024 by The United Methodist Publishing House. Used by permission.
