The Acts of Convention

Resolved, That Canon IV.2 shall be amended as follows:

Church Attorney shall mean one or more attorneys selected pursuant to Diocesan Canons to represent the Church in proceedings as provided in this Title. The Diocesan Canons may provide a process for the removal of a Church Attorney for cause. A Church Attorney shall perform all functions on behalf of the Church necessary to advance proceedings under this Title and shall have the following powers, in addition to the powers and duties otherwise provided in this Title: (a) to receive and review the Intake Officer’s report; (b) to conduct investigations and oversee the Investigator and, in connection with such investigations, to have access to the personnel, books and records of the Diocese and its constituent parts; and to receive and review the reports of the Investigator; (c) to determine, in the exercise of the Church Attorney’s discretion, whether the reported information, if true, would be grounds for discipline; and (d) to exercise discretion consistent with this Title and the interests of the Church by declining to advance proceedings or by referring any matter back to the Intake Officer or the Bishop Diocesan for pastoral response in lieu of disciplinary action. In representing the Church, a Church Attorney may consult with the president of the Disciplinary Board at any time after the matter has been referred out of the Reference Panel, and, when the prosecution of the case may impact the mission, life, or ministry of the Church, with the Bishop Diocesan.

 

And be it further

Resolved, That Canon IV.11 shall be amended as follows:

Canon 11: Of Investigations

Sec. 1. In each Diocese there shall be one or more Investigators.

Sec. 2. The Reference Panel or the Church Attorney may request Upon referral of an intake report the Investigator shall to investigate all facts pertinent to the factual claims of the intake report. The Investigator shall use appropriate investigative means, with due consideration to pastoral sensitivities, and shall complete the investigation as expeditiously as possible.

Sec. 3. The An Investigator engaged by the Reference Panel 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; (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.

Sec. 4. If the Reference Panel’s determination is to refer for further investigation, the Investigator shall make such further investigation as the Reference Panel directs and shall submit a supplemental report of findings to the Reference Panel. The Reference Panel shall then reconvene and proceed as provided in Canon IV.11.3.

Sec. 5. An Investigator engaged by the Church Attorney shall be overseen by the Church Attorney and shall present the findings of the investigation to the Church Attorney in a format(s) required by the Church Attorney. In connection with such investigations, the Church Attorney and, at the discretion of the Church Attorney, the Investigator shall have access to the personnel, books and records of the Diocese and its constituent parts.

Sec. 5 6. All investigations shall be confidential until such time as information obtained may be utilized by the Church Attorney, the Bishop Diocesan or the Panels. All persons, prior to being interviewed by the Investigator, shall be advised of the confidential nature of the investigation and when such information may be shared during the course of the proceedings.

 

And be it further

Resolved, That Canon IV.12.1 shall be amended as follows:

Canon 12: Of Conference Panels

Sec. 1. Upon referral of a matter to a Conference Panel, the president of the Disciplinary Board shall forward to the Church Attorney the intake report, all of the Investigator’s reports and any other writings or other file materials created or collected by the Disciplinary Board or any panel thereof during the intake, investigative or referral process. After reviewing From this material, the Church Attorney shall determine whether to proceed with the matter or decline to advance proceedings in the matter.

If proceeding with the matter, the Church Attorney shall prepare a written statement, describing each alleged Offense separately, with reasonable particularity sufficient to apprise the Respondent of the acts, omissions or conditions which are the subject of the proceedings. The Church Attorney shall then forward the materials received from the president of the Disciplinary Board, together with the written statement, to the Conference Panel.

If declining to advance proceedings in the matter, the Church Attorney shall refer the matter back to the Reference Panel in a written decision stating the reasons therefor. This document and any related conversation between the Church Attorney and the Reference Panel shall remain confidential between the Church Attorney and the Reference Panel. The Reference Panel shall then consider the options for action set out in Canon IV.6.8 and Canon IV.11.3.

 

And be it further

Resolved, That Canon IV.13.1 shall be amended as follows:

Canon 13: Of Hearing Panels

Sec. 1. When the Reference Panel decides pursuant to Canon IV.11.3 to refer a matter to the Hearing Panel, the President of the Disciplinary Board shall within three days of the decision notify the Disciplinary Board and the Church Attorney. When the Conference Panel decides to refer a matter to the Hearing Panel, the president of the Conference Panel shall within three days of that decision notify the president of the Disciplinary Board and the Church Attorney.

Sec. 2. Within 10 days of receipt of a referral from the Conference Panel, or 30 days when from the Reference Panel, to the for Hearing Panel for proceedings, the Church Attorney shall determine whether to proceed with the matter or decline to advance proceedings in the matter.

a. If proceeding with the matter, the Church Attorney shall provide to the Hearing Panel the statement of the alleged Offense(s), updated as needed. No other material from any prior proceedings under Title IV shall be provided to the Hearing Panel. Upon receipt of the Church Attorney’s communication, the Hearing Panel shall within seven days issue a notice to the Respondent, to the Respondent’s Advisor, to Respondent’s counsel, if any, and to the Church Attorney.

a i. The notice shall describe the nature and purpose of the proceeding, contain a copy of the written statement prepared by the Church Attorney, disclose the names of all persons to whom the notice is sent, advise the Respondent that a written response to the notice must be filed by the Respondent with the Hearing Panel within thirty days of the mailing date of the notice and advise the Respondent of the provisions of Canon IV.19.6.

b ii. A copy of the notice shall be sent to the Complainant and to the Complainant’s Advisor.

c iii. Unless additional time is approved for good cause by the Hearing Panel, the Respondent shall within 30 days of the mailing date of the notice file with the Hearing Panel and deliver to the Church Attorney a written response signed by the Respondent.

b. If declining to advance proceedings in the matter, the Church Attorney shall submit to the members of the Conference Panel and the Bishop Diocesan a written decision stating the reasons therefor, which may include (1) the unavailability of clear and convincing evidence sufficient to overcome the presumption of innocence set out in Canon IV.19.16, or (2) the Church Attorney’s opinion that resolution of the matter through the mechanism of a Hearing Panel would not be the most effective means for achieving the goals of Title IV. If the Church Attorney’s stated reason for declining to advance proceedings is the latter reason, the Church Attorney shall also propose with reasonable specificity alternate mechanisms for resolving the matter and justification therefor. In evaluating the Church Attorney’s submission, the Conference Panel shall provide the Intake Officer, the Complainant, the Complainant’s Advisor, the Complainant’s counsel, if any, the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Bishop Diocesan, the Chancellor, and the Church Attorney an opportunity to be heard on the matter. After its review and in consultation with the Bishop Diocesan, the Conference Panel shall issue a decision (a) dismissing all or some of the issues in the matter, potentially with conditions such as compliance with a Pastoral Direction issued by the Bishop Diocesan, or (b) rejecting the Church Attorney’s declination and ordering the matter to proceed. If dismissing all or some of the issues of the matter, the Conference Panel, with the assistance of legal counsel pursuant to IV.19.22, shall issue an Order explaining the decision and stating that the dismissal is with or without prejudice.