The Acts of Convention
| Resolution Number: | 2024-A058 |
|---|---|
| Title: | Amend Canon IV.6.8 [Reference Panel], Canon IV.6.10 [Determinations], and Canon IV.11.3 [Report to Reference Panel] |
| Legislative Action Taken: | Concurred |
| Final Text: | |
Resolved, That the 81st General Convention amend Canon IV.6.8 to read as follows:
Sec. 8. The Reference Panel shall meet as soon as
possible after receiving the intake report to determine how to refer the
report. Referral options are (a) no action required other than appropriate pastoral response pursuant to Canon IV.8; to conclude the matter with an appropriate pastoral response pursuant to Canon IV.8;
(b) Conciliation pursuant to Canon IV.10; (c) investigation pursuant to
Canon IV.11; (d) to the Conference Panel pursuant to Canon IV.12; or
(e) referral for possible agreement with the Bishop Diocesan regarding
terms of discipline pursuant to Canon IV.9. Referral decisions shall
require the approval of a majority of the Reference Panel. The Reference
Panel shall establish a schedule for each approved option and the
President of the Disciplinary Board shall be responsible for monitoring
each such schedule.
And be it further
Resolved, That the 81st General Convention amend Canon IV.6.10 to read as follows:
Sec. 10. If the determination of the Reference Panel is to take no action other than provide
an appropriate pastoral response, the Panel shall notify the
Complainant and the subject Member of the Clergy of the determination
and the basis for the determination to take no action other than an appropriate pastoral response.
If the referral is to conciliation, the provisions of Canon IV.10 shall
apply. If the referral is to investigation, the provisions of Canon
IV.11 shall apply. If the referral is to the Bishop Diocesan for
possible Agreement and an Agreement is not reached within 90 days of the
referral, the Reference Panel will re-refer the matter, in accordance
with Canon IV.6.9.
And be it further
Resolved, That the 81st General Convention amend Canon IV.11.3 to read as follows:
Sec. 3. The Investigator shall present the findings of
the investigation in writing to the Reference Panel. The Reference Panel
may meet with the Investigator and shall consider the report to
determine whether to: (a) take no action other than appropriate pastoral responses pursuant to Canon IV.8; conclude the matter with an appropriate pastoral response pursuant to Canon IV.8;
(b) refer the matter to the Bishop Diocesan for consideration of
proceedings under Canon IV.9; (c) refer the matter to conciliation
pursuant to Canon IV.10; (d) require further investigation; or (e) refer
the matter to the Conference Panel pursuant to Canon IV.12, or to the
Hearing Panel pursuant to Canon IV.13. The determination shall be
approved by a majority vote of the Reference Panel.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Louisville, 2024 (New York: General Convention, 2024), pp. 736-738. |
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Legislative History
| Author: | Standing Commission on Structure, Governance, Constitution and Canons |
|---|---|
| Originating House: | House of Deputies |
| Originating Committee: | Title IV Disciplinary Canons |
House of Deputies
The House of Deputies Committee on Title IV: Discipline Canons presented its Report #5 on Resolution A058 (Amend Canons IV.6.8, IV.6.10, and IV.11.3 on Pastoral Response Without Disciplinary Action) and moved adoption.
Original Text of Resolution:
(A058)
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canon IV.6.8 to read as follows:
Sec. 8. The Reference Panel shall meet as soon as
possible after receiving the intake report to determine how to refer the
report. Referral options are (a) no action required other than appropriate pastoral response pursuant to Canon IV.8; to conclude the matter with an appropriate pastoral response pursuant to Canon IV.8;
(b) Conciliation pursuant to Canon IV.10; (c) investigation pursuant to
Canon IV.11; (d) to the Conference Panel pursuant to Canon IV.12; or
(e) referral for possible agreement with the Bishop Diocesan regarding
terms of discipline pursuant to Canon IV.9. Referral decisions shall
require the approval of a majority of the Reference Panel. The Reference
Panel shall establish a schedule for each approved option and the
President of the Disciplinary Board shall be responsible for monitoring
each such schedule.
And be it further.
Resolved, That the 81st General Convention amend Canon IV.6.10 to read as follows:
Sec. 10. If the determination of the Reference Panel is to take no action other than provide
an appropriate pastoral response, the Panel shall notify the
Complainant and the subject Member of the Clergy of the determination
and the basis for the determination to take no action other than an appropriate pastoral response.
If the referral is to conciliation, the provisions of Canon IV.10 shall
apply. If the referral is to investigation, the provisions of Canon
IV.11 shall apply. If the referral is to the Bishop Diocesan for
possible Agreement and an Agreement is not reached within 90 days of the
referral, the Reference Panel will re-refer the matter, in accordance
with Canon IV.6.9.
And be it further.
Resolved, That the 81st General Convention amend Canon IV.11.3 to read as follows:
Sec. 3. The Investigator shall present the findings of
the investigation in writing to the Reference Panel. The Reference Panel
may meet with the Investigator and shall consider the report to
determine whether to: (a) take no action other than appropriate pastoral responses pursuant to Canon IV.8; conclude the matter with an appropriate pastoral response pursuant to Canon IV.8;
(b) refer the matter to the Bishop Diocesan for consideration of
proceedings under Canon IV.9; (c) refer the matter to conciliation
pursuant to Canon IV.10; (d) require further investigation; or (e) refer
the matter to the Conference Panel pursuant to Canon IV.12, or to the
Hearing Panel pursuant to Canon IV.13. The determination shall be
approved by a majority vote of the Reference Panel.
Motion carried
Resolution adopted
(Communicated to the House of Bishops in HD Message #14)
House of Bishops
The House of Bishops Committee on Title IV: Discipline Canons presented its Report #26 on HD Message #14 on Resolution A058 (Amend Canons IV.6.8, IV.6.10, and IV.11.3 on Pastoral Response Without Disciplinary Action) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Deputies in HB Message #107)
Resolution Concurred by Both Houses, June 25.
| Report Reference: | Standing Commission on Structure, Governance, Constitution and Canons, Reports to the 81st General Convention, 2024. |
|---|---|
| Abstract: | The 81st General Convention amends Canons IV.6.8, IV.6.10, IV.11.3 to clarify the use of an appropriate pastoral response without disciplinary action. |
| Notes: | Many actions completed by the House of Deputies resulted in two messages being sent to the House of Bishops. The Acts of Convention followed the Journal Editor’s lead in using the first message number as the official message. House of Deputies Message #14 was followed by House of Deputies Message #56. |