Digital Archives

The Acts of Convention

Resolution Number: 2018-A131
Title: Amend Canon IV.14.5 [Pronounce Sentence on Accords]
Legislative Action Taken: Concurred
Final Text:

Resolved, That Canon IV.14.5 be amended as follows:

Sec. 5. The Bishop Diocesan shall have twenty days from the date on which the Accord is entered in which to advise in writing the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor, the Church Attorney and the Conciliator or the president of the Conference Panel or Hearing Panelwhether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Accord 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 Accord. If a Sentence of Admonition, Suspension or Deposition is imposed, Tthe Bishop Diocesan shall pronounce Sentence not sooner than twenty days following the date on which the Accord is entered and not later than forty days following such date. 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 Accord. In the case of an Accord under Canon IV.9, the Bishop Diocesan shall pronounce Sentence not sooner than the day after the date the Accord becomes effective and irrevocable.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Austin, 2018 (New York: General Convention, 2018), p. 975.

Legislative History

Author: Standing Commission on Structure, Governance, Constitution and Canons
Originating House: House of Deputies
Originating Committee: Safeguarding and Title IV

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #13 on Resolution A131 (Amend Canon IV.14.5 - Clarity About Accords) and moved adoption.

Original Text of Resolution:

(A131)

Resolved, the House of Bishops concurring, That Canon IV.14.5 be amended as follows:

Sec. 5. The Bishop Diocesan shall have twenty days from the date on which the Accord is entered in which to advise in writing the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor, the Church Attorney and the Conciliator or the president of the Conference Panel or Hearing Panel whether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Accord 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 Accord. If a Sentence of Admonition, Suspension or Deposition is imposed, tThe Bishop Diocesan shall pronounce Sentence not sooner than twenty days following the date on which the Accord is entered and not later than forty days following such date. 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 Accord. In the case of an Accord under Canon IV.9, the Bishop Diocesan shall pronounce Sentence not sooner than the day after the date the Accord becomes effective and irrevocable.

Motion carried

Resolution adopted

(Communicated to the House of Bishops in HD Message #45)

House of Bishops

The House of Bishops Committee on Safeguarding and Title IV presented its Report #13 on HD message #45 on Resolution A131 (Amend Canon IV.14.5 - Clarity About Accords) and moved concurrence.

Motion carried

The House concurred

(Communicated to the House of Deputies in HB Message #242)

Resolution Concurred by Both Houses, July 11.

Report Reference:   Standing Commission on Structure, Governance, Constitution & Canons, Reports to the 79th General Convention, 2018, pp. 369-462.
Abstract:   The 79th General Convention amends Canon IV.14.5 to establish time limits on a Bishop to pronounce a Sentence of admonition, suspension or deposition, or to accept other terms of an Accord.