Decision Number 1449

Decision

Paragraph 2548.2 establishes a process for the limited purpose of deeding and transferring church property to another denomination but does not apply to the membership of a local church. It may be used only together with or after processes effectuating fundamental changes in the membership and ministries of local churches, such as interdenominational local church mergers (¶ 2547) and ecumenical shared ministries (¶¶ 207-209). Subject to General Conference approval and ratification, the Council of Bishops is the body authorized to determine if an entity qualifies as a “denomination” and to negotiate and enter into “an allocation, exchange of property, or comity agreement” within the meaning of ¶ 2548.2. Under ¶ 2548.2, an annual conference, by simple majority vote, may direct the board of trustees of a local church to transfer property to another denomination on four conditions precedent:

1. A written allocation, exchange of property, or comity agreement between The United Methodist Church and the other denomination must already exist that has been signed by the Council of Bishops and approved and ratified by the General Conference. The property transfer is not permitted if The United Methodist Church does not have a pre-existing agreement with the recipient denomination.
2. The agreement must comply with the connectional polity of the United Methodist Church and may not contain provisions not authorized or prohibited by Church law.
3. A charge or church conference must be conducted in accordance with ¶¶ 247-248. A resolution requesting the property transfer must be passed by a majority vote of the members present and voting pursuant to ¶ 2540.2 (unincorporated local church) or ¶ 2541.2 (incorporated local church).
4. The presiding bishop and a majority of the district superintendents and of the district board of church location and building must give their consent to the property transfer.

All four conditions must be met before an annual conference can exercise this right. Any use, implementation, or application of ¶ 2548.2, or exercise of this right by an annual conference without, apart from, prior to, or contrary to those four conditions would be unconstitutional, null and void, and of no legal force or effect. The General Conference enacted ¶ 2553 with the intent that the process set forth therein be used for the stated purpose of “Disaffiliation of Local Churches Over Issues Related to Human Sexuality.” Therefore, the process in ¶ 2548.2 may not be used as a pathway for local churches to disaffiliate from The United Methodist Church.