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The Acts of Convention

Resolution Number: 2022-D041
Title: On the Topic of Amending Canon IV.3 [Of Accountability]
Legislative Action Taken: Rejected
Final Text:

Resolution Rejected. See Legislative History for original text of resolution.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Baltimore, 2022 (New York: General Convention, 2023), pp. 821-822.

Legislative History

Author: Dr. Elizabeth Barker
Originating House: House of Bishops
Originating Committee: Title IV Disciplinary Canons

House of Bishops

The House of Bishops Committee on Title IV Disciplinary Canons presented its Report #11 on Resolution D041 (Amend Canon IV.3: Of Accountability) and moved the resolution, recommending rejection.

Original Text of Resolution:

(D041)

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Canon IV.3, Sec. 1 and 3 to read as follows:

Sec. 1. A Member of the Clergy shall be subject to proceedings under this Title for:

a. knowingly violating or attempting to violate, directly or through the acts of another person, the Constitution or Canons of the Church or of any Diocese;

b. failing without good cause to cooperate with any investigation or proceeding conducted under authority of this Title and/or, as Diocesan Bishop, failing without good cause to initiate a proper investigation according to Canon IV.11 under authority of this Title and to comply with the other procedural requirements of this Title;

c. intentionally and maliciously bringing a false accusation or knowingly providing or ignoring the existence of false testimony or false evidence in any investigation or proceeding under this Title; or

d. intentionally misrepresenting or omitting any materials fact in applying for admission to Postulancy, for admission to Candidacy, for ordination as a Deacon or Priest, for reception from another Church as a Deacon or Priest, or for nomination or appointment as a Bishop.

e. discharging, demoting, or otherwise retaliating against any person because the person has opposed any practices forbidden under this Title or because the person has reported information concerning an Offense, testified, or assisted in any proceeding under this Title.

f. intentionally, directly or through the acts of other persons assigned through this Title or diocesan canon, misrepresenting or omitting any material fact or testimony discovered at any time subject to proceedings under this Title that would exonerate the Respondent.

Sec. 3.  In order for any conduct or condition to be the subject of the provisions of this Title, the Offense complained of must violate applicable provisions of Canon IV.3 or IV.4 and must be material and substantial or of clear and weighty importance to the ministry of the Church, including the effect such proceedings might have on the ministry of a Member of the Clergy wrongfully accused of any breach of the Standards of Conduct set forth in Canon IV.4

Motion defeated

Resolution rejected

(Communicated to the House of Deputies in HB Message #174)

Resolution Rejected.

Abstract:   The 80th General Convention rejects a resolution amending Canon IV.3 to hold accountable an adjudicating diocese when there is noncompliance with the Canons.