The Acts of Convention

House of Deputies

The House of Deputies Committee on Title IV: Discipline Canons presented its Report #11 on Resolution A052 (Amend Canon IV.2, Canon IV.4.1.d, and Canon IV.8 to Add Restorative Covenant as a Possible Outcome of Conciliation) and moved adoption with amendment.

Original Text of Resolution:

(A052)

Resolved, the House of Bishops concurring,

That the 81st General Convention amend Canon IV.2 to read as follows.

Canon IV.2 be amended to add the following, in appropriate alphabetical order:

Restorative Covenant shall mean an agreement between one or more Complainants and a Respondent that results from a Conciliation under Canon IV.10.3, that resolves some or all of the issues in a matter pending under this Title, and to which the Reference Panel has consented.

And be it further

Resolved, That the 81st General Convention amend Canon IV.4.1.d to read as follows:

d. abide by the requirements of any applicable Accord or Order,; or any applicable Pastoral Direction, restriction on ministry, or placement on Administrative Leave issued under Canon IV.7; or Restorative Covenant entered into under Canon IV.10.3;

And be it further.

Resolved, That the 81st General Convention amend Canon IV.10.3 to read as follows:

Canon IV.10.3 be amended as follows:

If the A conciliation may result in is successful in reaching agreement among the parties on a suitable resolution of all issues, an Accord will be prepared as provided in Canon IV.14 or a Restorative Covenant as defined in Canon II.2. If conciliation cannot be achieved within Within a reasonable time after commencement of a conciliation, the Conciliator shall report the results of the conciliation to the Reference Panel, which shall refer the matter under Canon IV.6.8 as appropriate. , the Conciliator will report such to the Bishop Diocesan, and the matter will be referred back to the Reference Panel. If the conciliation results in a Restorative Covenant that, in the Reference Panel’s judgment, resolves all of the issues in a pending matter, the Reference Panel shall dismiss the matter.

Committee Amendment:

Resolved, the House of Bishops concurring,

That the 81st General Convention amend Canon IV.2 to read as follows.

Canon IV.2 be amended to add the following, in appropriate alphabetical order:

Restorative Covenant shall means an agreement between one or more Complainant(s) and/or Injured Person(s) and a subject member of the Clergy that results from a facilitated conversation patterned after Canon IV.10.1, 2 and 4, that resolves some or all of the issues in a matter pending under this Title, and to which the Reference Panel has consented.

Canon IV.2 (following definition of Pastoral Relationship):

Pastoral Response means a response offered by the Bishop Diocesan that embodies respect, care, and concern for affected persons and Communities. The response must be designed so as to promote healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among all involved or affected.  A pastoral response may conclude a matter under this Title in lieu of or in conjunction with disciplinary action.  A pastoral response may also conclude a matter under this Title through a Restorative Covenant.

And be it further

Resolved, That the 81st General Convention amend Canon IV.4.1.d to read as follows:

d. abide by the requirements of any applicable Accord or Order,; or any applicable Pastoral Direction, restriction on ministry, or placement on Administrative Leave issued under Canon IV.7; or Restorative Covenant entered into under Canon IV.10.3; Canon IV.8.6.;

And be it further.

Resolved, That the 81st General Convention amend Canon IV.10.3 to read as follows:

Canon IV.10.3 be amended as follows:

If the A conciliation may result in is successful in reaching agreement among the parties on a suitable resolution of all issues, an Accord will be prepared as provided in Canon IV.14 or a Restorative Covenant as defined in Canon II IV.2. If conciliation cannot be achieved within Within a reasonable time after commencement of a conciliation, the Conciliator shall report the results of the conciliation to the Reference Panel, which shall refer the matter under Canon IV.6.8 as appropriate. , the Conciliator will report such to the Bishop Diocesan, and the matter will be referred back to the Reference Panel. If the conciliation results in a Restorative Covenant that, in the Reference Panel’s judgment, resolves all of the issues in a pending matter, the Reference Panel shall dismiss the matter.

And be it further

Resolved, That the 81st General Convention amend Canon IV.8 (Of Pastoral Response) to include a sixth section to read as follows:

Sec. 6.  The Bishop Diocesan may seek a facilitated conversation patterned after Canon IV.10.1, 2 and 4 between one or more Complainants and/or Injured Persons and a subject Member of the Clergy that results in a Restorative Covenant as defined in Canon IV.2. Within a reasonable time after commencement of a facilitated conversation, the Conciliator shall report the results of the conversation to the Reference Panel, which shall refer the matter under Canon IV.6.8 as appropriate. If the conversation results in a Restorative Covenant that, in the Reference Panel’s judgment, resolves all of the issues in a pending matter, the matter is concluded.

Debate ensued.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #161)