The Acts of Convention
| Resolution Number: | 1988-A129 |
|---|---|
| Title: | Amend Canon III.19 [Of the Dissolution of the Pastoral Relationship] |
| Legislative Action Taken: | Concurred As Amended |
| Final Text: | |
Resolved, That Canon III.19 be amended as
follows:
CANON 19.
Of the Dissolution of the Pastoral Relation
Sec. 1. Except as provided in Canon III.17 5, upon mandatory resignation by reason of age, a Rector may not resign as Rector of a his Parish without the consent of the said Parish, or its Trustees, whichever maybe authorized to act in the premises, its Vestry, nor may any Rector canonically or lawfully elected and in charge of anya Parish be removed therefrom by said Parish, the Vestry, or Trustees, against his the Rector'swill, except as hereinafter provided.
Sec. 2. If for any urgent reason a Rector or Vestry as aforesaid, or the body authorized to elect a Rector in the Parish committed to his charge, shall desires a separation and dissolution of the pastoral relation, and the parties be cannot agree, d respecting a separation and dissolution, either party may give notice in writing may be given by either party to the Ecclesiastical Authority of the Diocese. The Bishop, in case-the difference be not settled by his godly judgment, shall ask the advice and consent of the Standing Committee of the Diocese, and proceeding with its aid and counsel, shall be the ultimate arbiter and judge. If the Diocese be vacant, the Ecclesiastical Authority shall select a Bishop of an adjacent Diocese to act as Bishop, and with like force and effect. The judgment shall be either that the pastoral relation between the parties shall cease and determine at a time and upon terms therein specified, or that the said relation shall not be terminated, and such judgment shall be binding upon both parties. In the event of the failure or refusal of either party to comply with the terms of such judgment, the Bishop may inflict such penalties as may be provided by the Constitution and Canons of the Diocese, and in default of any provision for such penalties therein, the Bishop may (1) in the case a Rector, suspend such Rector from the exercise of his priestly office until he shall comply with said judgment, (2) in the case of a Vestry or Trustees, recommend Diocesan Convention that the union of the Parish with Convention shall cease until they have complied with his judgment. Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of the Bishop under this Canon.
Sec. 3. Within sixty days of receipt of the written notice, the Bishop, as chief pastor of the diocese, shall mediate the differences between Rector and Vestry in every informal way which the Bishop deems proper and may appoint a committee of at least one Presbyter and one Lay Person, none of whom may be members of the parish involved, to make a report to the Bishop.
Sec. 4. If the differences between the parties are not resolved after completion of the mediation, the Bishop shall proceed as follows:
(a). The Bishop shall give notice to the Rector and Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop.
(b). If a timely request is made, the President of the Standing Committee shall set a date for the conference, which shall be held within thirty days.
(c). At the conference each party shall be entitled to representation and to present its position fully.
(d). Within thirty days after the conference, or after the Bishop's notice if no conference is requested, the Bishop shall confer with and receive the recommendation of the Standing Committee; thereafter the Bishop, as final arbiter and judge, shall render a godly judgment.
(e). Upon the request of either party the Bishop shall explain the reasons for the judgment. If the explanation is in writing, copies shall be delivered to both parties.
(f). If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.
(g). If the relation is to be dissolved:
(1). The Bishop shall direct the Secretary of the Convention to record the dissolution.
(2). The judgment shall include such terms and conditions including financial settlements as shall seem to the Bishop just and compassionate.
Sec. 5. In either event the Bishop shall offer appropriate supportive services to the Priest and the Parish.
Sec. 6. In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as may be set forth in the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:
(a). In the case of a Rector, suspend the Rector from the exercise of the priestly office until the Priest shall comply with the judgment.
(b). In the case of a Vestry, invoke any available sanctions including recommending to the Convention of the Diocese that the Parish be placed under the supervision of the Bishop as a Mission until it has complied with the judgment.
Sec. 7. For cause, the Bishop may extend the time periods specified in this Canon, provided that all be done to expedite these proceedings. All parties shall be notified in writing of the length of any extension.
Sec. 8(a). Statements made during the course of proceedings under this Canon are not discoverable nor admissible in any proceedings under Title IV, provided that this does not require the exclusion of evidence in any proceeding under the Canons which is otherwise discoverable and admissible.
(b) . In the course of proceedings under this Canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under Canon IV.1, all proceedings under this Canon shall be suspended until the charge has been resolved or withdrawn.
Sec. 3. In the case of the regular an canonical dissolution of the connection between a Rector and his Parish, under this Canon, the Ecclesiastical Authority shall direct the Secretary of the Convention to record the same.
Sec. 4 9. This Canon shall not apply in any Diocese which has made, or shall hereafter make, a provision by Canon upon on this subject in its Canons which is consistent with this Canon. This Section 9 shall become effective on January 1, 1990. , nor in contravention of any right of any Rector, Parish, Congregation, or Vestry under the law of the Civil Authority.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Detroit, 1988 (New York: General Convention, 1989), p. 237. |
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Legislative History
| Author: | The Executive Council: Council for the Development of Ministry |
|---|---|
| Originating House: | House of Bishops |
| Originating Committee: | Committee on Ministry |
House of Bishops
Original Text of Resolution:
(A129)
Resolved, the House of Deputies concurring, That Canon III.19 be amended as follows:
CANON 19.
Of the Dissolution of the Pastoral Relation
Sec. 1. Except as provided in Canon III.17. 5, upon mandatory resignation by reason of age, a Rector may not resign as Rector of a his Parish without the consent of the said Parish, or its Trustees,whichever may be authorized to act in the premises, its Vestry, nor may any Rector canonically or lawfully elected and in charge of any a Parish be removed there from by said Parish, the Vestry, or Trustees,against his the Rector's will, except as hereinafter provided.
Sec. 2. If for any urgent reason a Rector or Vestry as aforesaid, or the body authorized to elect a Rector in the Parish committed to his charge, shall desire s a separation and dissolution of the pastoral relation, and the parties be cannot agree, d respecting a separation and dissolution, either party may give notice in writing may be given by either party to the Ecclesiastical Authority of the Diocese.
[See below.]
The Bishop, in case the difference be not settled by his godly judgment, shall ask the advice and consent of the Standing Committee of the Diocese, and proceeding with its aid and counsel, shall be the ultimate arbiter and judge. If the Diocese be vacant, the Ecclesiastical Authority shall select a Bishop of an adjacent Diocese to act as Bishop, and with like force and effect. The judgment shall be either that the pastoral relation between the parties shall cease and determine at a time and upon terms therein specified, or that the said relation shall not be terminated, and such judgment shall be binding upon both parties. In the event of the failure or refusal of either party to comply with the terms of such judgment, the Bishop may inflict such penalties as may be provided by the Constitution and Canons of the Diocese, and in default of any provisions for such penalties therein, the Bishop may
[See sec.6(a),(b.)]
(a). in the case of a Rector, suspend such Rector from the exercise of his priestly office until he shall comply with said judgment, (2) in the case of a Vestry or Trustees, recommend to Diocesan Convention that the union of the Parish with Convention shall cease until they have complied with his judgment.
[See above.]
Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of the Bishop under this Canon.
Sec. 3. Within sixty days of receipt of the written notice, the Bishop, as chief pastor of the Diocese, shall mediate the differences between Rector and Vestry in every informal way which the Bishop deems proper and may appoint a committee of at least one Presbyter and one Lay Person, none of whom may be members of the parish involved, to make a report to the Bishop.
Sec. 4. If the differences between the parties are not resolved after completion of the mediation, the Bishop shall proceed as follows:
(a). The Bishop shall give notice to the Rector and Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop.
(b). If a timely request is made, the President of the Standing Committee shall set a date for the conference, which shall be held within thirty days.
(c). At the conference each party shall be entitled to representation and to present its position fully.
[Old Sec. 2.]
(d). Within thirty days after the conference, or after the Bishop's notice if no conference is requested, the Bishop shall confer with and receive the recommendation of the Standing Committee; thereafter the Bishop, as final arbiter and judge, shall render a godly judgment.
(e). Upon the request of either party the Bishop shall explain the reasons for the judgment. If the explanation is in writing, copies shall be delivered to both parties.
(f). If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.
[Old Sec. 3.]
(g). If the relation is to be dissolved:
(1). The Bishop shall direct the Secretary of the Convention to record the dissolution.
(2). The judgment shall include such terms and conditions including financial settlements as shall seem just and compassionate.
Sec. 5. In either event the Bishop shall offer appropriate supportive services to the Priest and the Parish.
[Old Sec. 2.]
Sec. 6. In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as may be set forth in the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:
(a). In the case of a Rector, suspend the Rector from the exercise of the priestly office until the Priest shall comply with the judgment.
(b). In the case of a Vestry, invoke any available sanctions including recommending to the Convention of the Diocese that the Parish be placed under the supervision of the Bishop as a Mission until it has complied with the judgment.
Sec. 7. For cause, the Bishop may extend the time periods specified in this Canon, provided that all be done to expedite these proceedings.All parties shall be notified in writing of the length of any extension.
Sec. 8(a). Statements made during the course of proceedings under this Canon are not discoverable nor admissible in any proceedings under Title IV, provided that this does not require the exclusion of evidence in any proceeding under the Canons which is otherwise discoverable and admissible.
(b) . In the course of proceedings under this Canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under Canon IV.1, all proceedings under this Canon shall be suspended until the charge has been resolved or withdrawn.
Sec. 3. In the case of the regular and canonical dissolution of the connection between a Rector and his Parish, under this Canon, the Ecclesiastical Authority shall direct the Secretary of the Convention to record the same.
Sec. 4 9. This Canon shall not apply in any Diocese which has made, or shall hereafter make, a provision by Canon upon on this subject in its Canons., nor in contravention of any right of any Rectory, Parish,Congregation, or Vestry under the lay of the Civil Authority.
The Bishop of West Missouri moved to amend the Resolution.
Proposed Amendment:
In Canon 19, Section 4(g)(2), line 2, add the words "to the Bishop" following "as shall seem."
The amendment was accepted by the Committee.
The Bishop of West Missouri moved to amend the Resolution.
Proposed Amendment:
Delete Section 9 of Canon 19.
Motion defeated
Amendment defeated
Bishop Gordon moved to amend the Resolution.
Proposed Amendment:
In Canon 19, Section 9, to the end of line 3, add the words "providing that Diocesan Canons do not contradict the provisions of this Canon."
Motion carried
Amendment adopted
The Bishop of Texas moved the previous question.
Motion carried
Debate terminated
The House voted on Resolution A129.
Motion carried
Resolution adopted with amendment
(Communicated to the House of Deputies in HB Message #56)
House of Deputies
The Committee on Ministry presented its Report #16 on House of Bishops Message #56 relating to Resolution A129a (Amend Canon III.19, Dissolution of Pastoral Relationship) and moved concurrence, with amendment.
Proposed Committee Amendment:
In Section 9, after the word "Canons," delete the rest of the sentence as contained in the House of Bishops amendment and substitute the words "which is consistent with this Canon."
Deputy Irish of Arizona moved several amendments.
Proposed Amendments:
In Section 4(c), delete "representation and to."
Delete Section 4(e).
In Section 4(f), substitute "urge" for "require."
Delete Sections 7 and 9.
The Irish amendments were voted on separately.
Motions defeated
Amendments defeated
Deputy Allen of Southern Ohio moved an amendment.
Proposed Amendment:
In Canon III.19.1, after the words "by reason of age," add the words "or upon the expiration of the term of a written contract of employment."
Debate followed.
The question was called.
Motion carried
Debate terminated
A vote was taken on the Allen amendment.
Motion defeated
Amendment defeated
Deputy Royce of Long Island moved an amendment.
Proposed Amendment:
Add to the end of Section 9 the following sentence: "This Section 9 shall become effective on January 1, 1990."
The Committee accepted the amendment.
Deputy Mikkelsen of El Camino Real asked the Vice President for a vote on the Royce amendment.
A vote was taken on the Royce amendment.
Motion carried
Amendment adopted
A vote was taken on House of Bishops Message #56 on A129a.
The House concurred with amendment
(Communicated to the House of Bishops in HD Message #155)
House of Bishops
The Committee on Ministry presented its Report #38 on House on Deputies Message #155 on Resolution A129a (Amend Canon III.19, Dissolution of Pastoral Relationship) and moved concurrence.
The House concurred
(Communicated to the House of Deputies in HB Message #268)
Resolution Concurred by Both Houses, July 8.
| Report Reference: | Executive Council: Council for the Development of Ministry, Reports to the 69th General Convention, 1988, pp. 232-299. |
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| Abstract: | The 69th General Convention amends Canon Title III.19 to establish conditions on which a bishop and standing committee may dissolve the pastoral relationship between a rector and a parish. |