The Acts of Convention

Original Text of Resolution:

(A129)

Resolved, the House of Deputies concurring, That Canons IV.6.5 and IV.6.6 be amended to read as follows:

Sec. 5. If the Intake Officer determines that the information, if true, would not constitute an Offense, the Intake Officer shall inform the Bishop Diocesan of an intention to dismiss the matter. If the Bishop Diocesan does not object, the Intake Officer shall dismiss the matter. The Intake Officer shall provide written notice to the Complainant, the subject Member of the Clergy, and the Bishop Diocesan of the decision of dismissal, the reasons therefor, and the Complainant’s right to appeal the decision within thirty days of the date of the notice and shall send a copy of that notice and the written intake report to the president of the Disciplinary Board. If the Complainant wishes to appeal the dismissal, the intake Officer shall assist the Complainant in preparing and signing a written statement of the acts complained of, which statement shall be sent by the Intake Officer to the president of the Disciplinary Board, along with a statement that the Complainant appeals the dismissal.the Bishop shall appoint an Advisor for the Complainant within 15 days of the date of the notice of dismissal. The Advisor shall assist the Complainant in preparing and signing a written statement of the acts complained of, which statement shall be sent by the Advisor to the president of the Disciplinary Board, along with a statement that the Complainant appeals the dismissal. The intake report and any related information, in the case of a dismissal, shall be retained by the Intake Officer and may be considered in connection with any additional information that may come to the Intake Officer thereafter concerning the subject Member of the Clergy.

Sec. 6. In the event of an appeal of a dismissal, the president of the Disciplinary Board shall, within thirty days of the receipt of the appeal, review the intake report and either affirm or overrule the dismissal. The president shall promptly notify the Complainant, the subject Member of the Clergy, the Intake Officer, and the Bishop Diocesan of the decision. If the decision is to overrule the dismissal, the president shall refer the intake report to the Reference Panel within 15 days.; and be it further

Resolved, That Canon IV.19.10(b) be amended to read as follows:

(b) The Bishop Diocesan shall make an Advisor available to the Complainant not later than the earliest of (1) the forwarding of the intake report to the Reference Panel, (2) the Complainant's appeal of 15 days after the Complainant receiving word of a dismissal under Canon IV.6.5, (3) the Respondent or Bishop Diocesan proposing terms of discipline to the other under Canon IV.9, or (4) the Bishop's designation of an Injured Person as a Complainant.

Committee Amendment:

Resolved, the House of Deputies concurring, That Canons IV.6.5 and IV.6.6 be amended to read as follows:

Sec. 5. If the Intake Officer determines that the information, if true, would not constitute an Offense, the Intake Officer shall inform the Bishop Diocesan of an intention to dismiss the matter. If the Bishop Diocesan does not object, the Intake Officer shall dismiss the matter. The Intake Officer shall provide written notice to the Complainant, the subject Member of the Clergy, and the Bishop Diocesan of the decision of dismissal, the reasons therefor, and the Complainant’s right to appeal the decision within thirty days of the date of the notice and shall send a copy of that notice and the written intake report to the president of the Disciplinary Board. If the Complainant wishes to appeal the dismissal, the intake Officer shall assist the Complainant in preparing and signing a written statement of the acts complained of, which statement shall be sent by the Intake Officer to the president of the Disciplinary Board, along with a statement that the Complainant appeals the dismissal.the Bishop shall appoint an Advisor for the Complainant within 15 days of the date of the notice of dismissal. The Advisor shall assist the Complainant in preparing and signing a written statement of the acts complained of, which statement shall be sent by the Advisor to the president of the Disciplinary Board, along with a statement that the Complainant appeals the dismissal. The intake report and any related information, in the case of a dismissal, shall be retained by the Intake Officer and may be considered in connection with any additional information that may come to the Intake Officer thereafter concerning the subject Member of the Clergy.

Sec. 6. In the event of an appeal of a dismissal, the president of the Disciplinary Board shall, within thirty days of the receipt of the appeal, review the intake report and either affirm or overrule the dismissal. The president shall promptly notify the Complainant and the Complainant’s Advisor, the subject Member of the Clergy, and the subject Member’s Advisor, if any, the Intake Officer, and the Bishop Diocesan of the decision. If the decision is to overrule the dismissal, the president shall refer the intake report to the Reference Panel within 15 days.; and be it further

Resolved, That Canon IV.19.10(b) be amended to read as follows:

(b) The Bishop Diocesan shall make an Advisor available to the Complainant not later than the earliest of (1) the forwarding of the intake report to the Reference Panel, (2) the Complainant's appeal of 15 days after the Complainant receiving word of a dismissal under Canon IV.6.5, (3) the Respondent or Bishop Diocesan proposing terms of discipline to the other under Canon IV.9, or (4) the Bishop's designation of an Injured Person as a Complainant.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Deputies in HB Message #124)