The Acts of Convention
| Resolution Number: | 2009-A123 |
|---|---|
| Title: | Refer a Resolution on Canons 1.15.10 [Discipline Process for Clergy in Foreign Lands] |
| Legislative Action Taken: | Referred |
| Final Text: | |
Resolved, That Canon I.15.10 is hereby amended to read as follows:
Sec. 10. In case a Member of the Clergy officiating in charge
of a Congregation in a foreign land shall be accused of any offense
under the Canons of this Church, it shall be the duty of the Bishop in charge
of such the Congregations in that land, or if there
be none, the Presiding Bishop, to fulfill the role of the Bishop under
Title IV. The Bishop so acting shall summon the Council of Advice, or the
Standing Committee of the Bishop’s diocese, as the case may be,
and cause an inquiry to be instituted as to the truth of such
accusation; and should there be reasonable grounds for believing the same to be
true, the said Bishop and the Council of Advice shall appoint a Commission,
consisting of three Clergy and two Lay Persons, whose duty it shall be to meet
in the place where the accused resides, and to obtain all the evidence in the
case from the parties interested; which shall perform the functions
of a Diocesan Review Committee as provided in Title IV. they
The Bishop, Council of Advice or Standing Committee and
Ecclesiastical Trial Court shall give to the accused all rights under the
Canons of this Church which can be exercised in a foreign land. The
judgment of the said Commission, solemnly made, shall then be sent to the
Bishop in charge, and to the Presiding Bishop, and, if approved by them, shall
be carried into effect; Provided, that no such Commission shall
recommend any other discipline than admonition or removal of the Member of the
Clergy from charge of said Congregation. Should the result of the inquiry of
the aforesaid Commission reveal evidence tending, in their judgment, to show
that said Member of the Clergy deserves a more severe discipline, all the
documents in the case shall be placed in the hands of the Presiding Bishop, who
may proceed against the Member of the Clergy, as far as possible, according to
the Canons of the General Convention. The judgment of the
Ecclesiastical Trial Court may be appealed by the Respondent to the Court of
Review of the Province of which the Bishop in Charge is a member of the
Provincial House of Bishops, or in the case of the Presiding Bishop, the
Province most convenient to the Respondent.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Anaheim, 2009 (New York: General Convention, 2009), p. 332. |
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Legislative History
| Author: | The Standing Commission on the Structure of the Church |
|---|---|
| Originating House: | House of Deputies |
| Originating Committee: | Committee on Canons |
House of Deputies
Canons
The House of Deputies Committee on Canons presented its Report #15 on Resolution A123 (Amend Canon 1.15.10: Discipline Process Clarification) and moved to refer the resolution to the Standing Commission on Constitution and Canons.
Original Text of Resolution:
(A123)
Resolved, the House of Bishops concurring, That Canon I.15.10 is hereby amended to read as follows:
Sec. 10. In case a Member of the Clergy officiating in charge
of a Congregation in a foreign land shall be accused of any offense
under the Canons of this Church, it shall be the duty of the Bishop in charge
of such the Congregations in that land, or if there
be none, the Presiding Bishop, to fulfill the role of the Bishop under
Title IV. The Bishop so acting shall summon the Council of Advice, or the
Standing Committee of the Bishop’s diocese, as the case may be,
and cause an inquiry to be instituted as to the truth of such
accusation; and should there be reasonable grounds for believing the same to be
true, the said Bishop and the Council of Advice shall appoint a Commission,
consisting of three Clergy and two Lay Persons, whose duty it shall be to meet
in the place where the accused resides, and to obtain all the evidence in the
case from the parties interested; which shall perform the functions
of a Diocesan Review Committee as provided in Title IV. they
The Bishop, Council of Advice or Standing Committee and
Ecclesiastical Trial Court shall give to the accused all rights under the
Canons of this Church which can be exercised in a foreign land. The
judgment of the said Commission, solemnly made, shall then be sent to the
Bishop in charge, and to the Presiding Bishop, and, if approved by them, shall
be carried into effect; Provided, that no such Commission shall
recommend any other discipline than admonition or removal of the Member of the
Clergy from charge of said Congregation. Should the result of the inquiry of
the aforesaid Commission reveal evidence tending, in their judgment, to show
that said Member of the Clergy deserves a more severe discipline, all the
documents in the case shall be placed in the hands of the Presiding Bishop, who
may proceed against the Member of the Clergy, as far as possible, according to
the Canons of the General Convention. The judgment of the
Ecclesiastical Trial Court may be appealed by the Respondent to the Court of
Review of the Province of which the Bishop in Charge is a member of the
Provincial House of Bishops, or in the case of the Presiding Bishop, the
Province most convenient to the Respondent.
Motion carried
Resolution referred to a Standing Commission
(Communicated to the House of Bishops in HD Message #198)
House of Bishops
The House of Bishops Committee on Canons presented its Report #18 on HD Message #198 on Resolution A123 (Amend Canon 1,15,10: Discipline Process Clarification) and moved concurrence.
The Suffragan Bishop in Charge of the Convocation of American Churches in Europe moved to substitute the resolution.
Proposed Substitute:
Resolved, the House of Deputies concurring, That the 76th General Convention direct the Standing Commission on Constitution and Canons, in consultation with the Standing Commission on the Structure of the Church and the Standing Commission on World Mission, to consider the formation of a missionary diocese of The Episcopal Church in Europe (under Canon I.11.3) working in close collaboration with the leadership and people of the Convocation of American Churches in Europe.
The Presiding Bishop suggested that the House postpone discussion to a time certain pending the distribution of copies of the proposed substitute.
Motion carried
Debate postponed
House of Bishops
Debate resumed on Resolution A123.
The Suffragan Bishop in Charge of the Convocation of American Churches in Europe moved to substitute the resolution.
Proposed Substitute:
Resolved, the House of Deputies concurring, That the 76th General Convention direct the Standing Commission on Constitution and Canons, in consultation with the Standing Commission on the Structure of the Church and the Standing Commission on World Mission, to consider the formation of a missionary diocese of The Episcopal Church in Europe (under Canon I.11.3) working in close collaboration with the leadership and people of the Convocation of American Churches in Europe.
The Bishop of San Diego moved to refer the original resolution and the proposed substitute to the Standing Commission on Constitution and Canons.
Motion carried
Resolution referred to a Standing Commission
(Communicated to the House of Deputies in HB Message #235)
Resolution Referred to a Standing Commission by Both Houses.
| Report Reference: | Standing Commission on the Structure of the Church, Reports to the 76th General Convention, 2009, pp. 614-628. |
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| Abstract: | The 76th General Convention refers to a Standing Commission a resolution to amend Canon I.15.10 to provide a disciplinary process for clergy charged with offenses while serving congregations in foreign lands. |
| Notes: | The decision by the House of Bishops to "refer" a substitute resolution along with the original resolution to a standing commission was not concurred by the House of Deputies and thus has no bearing on the final text of the resolution. |