Ward church membership council A church membership council may be convened by the
bishop of a local
ward (congregation). In such an instance, the council is composed of the bishop and his two counselors. The ward clerk will also be present to take notes of the proceedings. Attendance of the ward
Relief Society president (for women) or
elders quorum president (for men) is optional. After hearing all of the evidence in the case, the bishop and his counselors are encouraged to make a joint, unanimous decision on the outcome. However, the bishop has the final say and can theoretically make a decision over the protest of either or both of his counselors.
Common Council of the Church If the need arises to convene a church membership council for the
church's president or one of his counselors in the
First Presidency, the
Common Council of the Church must be convened by the church's
presiding bishop. The Common Council is made up of the presiding bishop and his counselors and twelve other
high priests selected by the presiding bishop. The Common Council has only been convened twice: In August 1838, after the return of
Zion's Camp, the Council formally convened for the first time to consider charges made by
Sylvester Smith against
Joseph Smith, who was eventually cleared. In September 1844, Presiding Bishop
Newel K. Whitney convened a Common Council which excommunicated
Sidney Rigdon, who was the senior surviving member of the First Presidency after the
death of Joseph Smith.
Evidence The council begins by the presiding officer stating the reported misconduct and asking the accused person to admit or deny it. If the person denies the misconduct, the presiding officer or a designee presents the evidence of the misconduct. Evidence may be presented in the form of written or oral statements by witnesses or other documents. An accused person's previous confession cannot be used as evidence in a disciplinary council without the member's consent. The accused member is given a chance to question the witnesses against them. After the evidence against the accused is presented, the accused is permitted to present evidence in response. The accused can comment on the evidence and make any other statement they want to make. All witnesses and the accused may also be questioned by any member of the disciplinary council. No witness is placed under oath. Since the disciplinary council is an ecclesiastical court, rules of evidence that govern domestic courts do not apply. If the accused person admits to the conduct in question, no evidence is presented before the council.
Decision Once a decision has been reached by the church membership council, the decision is announced to the accused person and the presiding officer explains the conditions that are imposed by the decision. The accused is also informed of his or her right to appeal the decision. Other members of the church may be notified of the decision in certain circumstances.
Appeal An accused member may appeal the decision of the church membership council within 30 days of the decision being made. Appeals of a ward membership council are made to the stake church membership council (i.e. the stake president and his two counselors). An appeal of the decision of a stake or mission church membership council is to the church's First Presidency. An appeal of a decision of a church membership council convened by a branch president or a district president in a mission is to the mission president. The body hearing the appeal may vary the decision of the council in any way or let the original decision stand.
Records The proceedings of the church membership council are submitted electronically to the office of the First Presidency where the information it contains is permanently stored. It is also reviewed by the body hearing the appeal if an appeal is made. Stake presidents are permitted to request records of past councils for members of their stake from the office of the First Presidency. Bishops may request records of past councils for members of their ward. In the case of withdrawal of membership, the person is removed from church records. ==Qualifying offences==