The Acts of Convention
| Resolution Number: | 2024-A141 |
|---|---|
| Title: | Amend Canon IV.6.9 [Timely Progress] |
| Legislative Action Taken: | Concurred as Substituted |
| Final Text: | |
Resolved, That the 81st General Convention amend Canon IV.6.9, add a new Canon IV.6.10, renumber current Canon IV6.10, add Canon IV.6.11, and renumber current Canon IV.6.11, all to read as follows:
Sec. 9. Absent extraordinary circumstances, and notwithstanding any other provision of this Title, all matters reported to an Intake Officer shall reach final, non-appellate, resolution within 15 months of the initial Intake Report date. The President of the Disciplinary Board, following consultation with the relevant panels, may, in their sole discretion, reasonably adjust any time periods specified in this Title related to matters before panels, for the purpose of ensuring timely progress.
Sec. 9 10. The Reference Panel shall must
monitor the progress of each referral on a monthly basis to ensure that
the matter is progressing in a timely fashion. Until such time as the
matter is referred to a Hearing Panel, if the Reference Panel determines
that the matter has reached an impasse or is not progressing in a
timely fashion, it may re-refer the matter. Once a matter is referred to
a Hearing Panel, Canon IV.15.1 shall govern any issue regarding the
progress of the matter. The Intake Officer shall will report at
least monthly to the Respondent, the Respondent’s Advisor, the
Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor
and the Complainant’s Counsel, if any, on the progress in the
matter. Should the Intake Officer not report at least monthly, the
Respondent or the Complainant may petition in writing the President of
the Disciplinary Board who must provide a report in writing not later
than 15 days from the date of the petition to provide the reports.
Sec. 11. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter.
Sec. 10 12. If the determination of the Reference Panel
is to take no action other than 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 11.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Louisville, 2024 (New York: General Convention, 2024), p. 827. |
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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: Disciplinary Canons presented its Report #20 on Resolution A141 (Amend Canon IV.6.9 - Monthly Reports) and moved adoption of a substitute.
Original Text of Resolution:
(A141)
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canon IV.6.9 to read as follows:
Sec. 9. The Reference Panel shall must monitor
the progress of each referral on a monthly basis to ensure that the
matter is progressing in a timely fashion. Until such time as the matter
is referred to a Hearing Panel, if the Reference Panel determines that
the matter has reached an impasse or is not progressing in a timely
fashion, it may re-refer the matter. Once a matter is referred to a
Hearing Panel, Canon IV.15.1 shall will govern any issue
regarding the progress of the matter. The Intake Officer shall report
at least monthly to the Respondent, the Respondent’s Advisor, the
Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor
and the Complainant’s Counsel, if any, on the progress in the matter. Should
the Intake Officer not report at least monthly, the Respondent or the
Complainant may petition the President of the Disciplinary Board who
must provide a report not later than 15 days from the date of the
petition.
Committee Substitute:
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canon IV.6.9, add a new Canon IV.6.10, renumber current Canon IV6.10, add Canon IV.6.11, and renumber current Canon IV.6.11, all to read as follows:
Sec. 9. Absent extraordinary circumstances, and notwithstanding any other provision of this Title, all matters reported to an Intake Officer shall reach final, non-appellate, resolution within 15 months of the initial Intake Report date. The President of the Disciplinary Board, following consultation with the relevant panels, may, in their sole discretion, reasonably adjust any time periods specified in this Title related to matters before panels, for the purpose of ensuring timely progress.
Sec. 9 10. The Reference Panel shall must
monitor the progress of each referral on a monthly basis to ensure that
the matter is progressing in a timely fashion. Until such time as the
matter is referred to a Hearing Panel, if the Reference Panel determines
that the matter has reached an impasse or is not progressing in a
timely fashion, it may re-refer the matter. Once a matter is referred to
a Hearing Panel, Canon IV.15.1 shall govern any issue regarding the
progress of the matter. The Intake Officer shall will report at
least monthly to the Respondent, the Respondent’s Advisor, the
Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor
and the Complainant’s Counsel, if any, on the progress in the
matter. Should the Intake Officer not report at least monthly, the
Respondent or the Complainant may petition in writing the President of
the Disciplinary Board who must provide a report in writing not later
than 15 days from the date of the petition to provide the reports.
Sec. 11. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter.
Sec. 10 12. If the determination of the Reference Panel
is to take no action other than 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 11.
Motion carried
Substitute resolution adopted
(Communicated to the House of Bishops in HD Message #144)
House of Bishops
The House of Bishops Committee on Title IV: Disciplinary Canons presented its Report #48 on HD Message #144 on Resolution A141 (Amend Canon IV.6.9 - Monthly Reports) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Deputies in HB Message #191)
Resolution Concurred by Both Houses, June 26.
| Report Reference: | Standing Commission on Structure, Governance, Constitution and Canons, Reports to the 81st General Convention, 2024. |
|---|---|
| Abstract: | The 81st General Convention amends Canon IV.6.9 to create a deadline of 15 months from initial Intake Report to non-appellate resolution and to clarify the responsibilities of the Reference Panel during this time. |