The Acts of Convention

Original Text of Resolution:

(A138)

Resolved, the House of Deputies concurring, That Canon IV.14.8 be amended to read as follows:

Sec. 8. (a) The Bishop Diocesan shall have thirtytwenty days from the date of the issuance of the Order in which to advise in writing the Respondent, the Respondent’s Advisor, the Complainant, the Complainant’s Advisor, the Church Attorney, and the president of the Conference Panel or Hearing Panel (whichever Panel issued the Order) whether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Order as recommended. The Bishop Diocesan shall advise that he or she will (a) pronounce the Sentence as recommended or (b) pronounce a lesser Sentence than that recommended and/or (c) reduce the burden on the Respondent of any of the other terms of the Order.

(b) The Respondent or the Church Attorney may object to an Order issued by the Conference Panel by giving written notice of the objection to the president of the Conference Panel and the other party(ies) within 10 days following the issuance date of the Order as defined in Canon IV.14.10. Upon receipt of the notice of objection, the president of the Conference Panel shall notify the president of the Disciplinary Board of the objection and the matter will proceed as provided in Canon IV.14.11.

(c) The Bishop Diocesan shall pronounce Sentence not sooner than fortytwenty days following the issuance of the Order and not later than sixtyforty days following the issuance of the Order. Notwithstanding anything in this section to the contrary, no Sentence shall be pronounced while an appeal of the matter is pending. However, the Bishop Diocesan may, while an appeal is pending, place restrictions upon the exercise of the Respondent’s ministry, or place the Respondent on Administrative Leave, or continue any such restriction or Administrative Leave as was in effect at the time of the issuance of the Order. The Bishop Diocesan’s pronouncement of a lesser Sentence than that recommended or other modification shall not affect the validity or enforceability of the remainder of the Order.

This amendment moves provisions in section (b) from former Canon IV.12.12 regarding objections to Conference Panel Orders. The change also adds more specific deadlines for the Bishop Diocesan’s pronouncement of Sentence.

Committee Amendment:

Resolved, the House of Deputies concurring, That Canon IV.14.8 be amended to read as follows:

Sec. 8. (a) Except for an Order from a Conference Panel to which the Respondent or Church Attorney has timely filed a notice of objection, Tthe Bishop Diocesan shall have thirtytwenty days from the date of the issuance of the Order in which to advise in writing the Respondent, the Respondent’s Advisor, the Complainant, the Complainant’s Advisor, the Church Attorney, and the president of the Conference Panel or Hearing Panel (whichever Panel issued the Order) whether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Order as recommended. The Bishop Diocesan shall advise that he or she will (a) pronounce the Sentence as recommended or (b) pronounce a lesser Sentence than that recommended and/or (c) reduce the burden on the Respondent of any of the other terms of the Order.

(b) The Respondent or the Church Attorney may object to an Order issued by the Conference Panel by giving written notice of the objection to the president of the Conference Panel and the other party(ies) within 10 days following the issuance date of the Order as defined in Canon IV.14.10. Upon receipt of the notice of objection, the president of the Conference Panel shall notify the president of the Disciplinary Board of the objection and the matter will proceed as provided in Canon IV.14.11.

(cb) The Bishop Diocesan shall pronounce Sentence not sooner than fortytwenty days following the issuance of the Order and not later than sixtyforty days following the issuance of the Order. Notwithstanding anything in this section to the contrary, no Sentence shall be pronounced while an appeal of the matter is pending. However, the Bishop Diocesan may, while an appeal is pending, place restrictions upon the exercise of the Respondent’s ministry, or place the Respondent on Administrative Leave, or continue any such restriction or Administrative Leave as was in effect at the time of the issuance of the Order. The Bishop Diocesan’s pronouncement of a lesser Sentence than that recommended or other modification shall not affect the validity or enforceability of the remainder of the Order.

This amendment moves provisions in section (b) from former Canon IV.12.12 regarding objections to Conference Panel Orders. The change also adds more specific deadlines for the Bishop Diocesan’s pronouncement of Sentence.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Deputies in HB Message #126)