The Acts of Convention

House of Deputies

Original Text of Resolution:

(D061)

Resolved, the House of Bishops concurring, That Title IV be amended by the addition of the following:

Canon 16

Of Conciliation of Disciplinary Matters:

Sec. 1. If the Ecclesiastical Authority or the Standing Committee, as the case may be, shall receive a complaint or Charge against a Priest or Deacon, or if the Presiding Bishop shall receive a complaint or Charge against a Bishop, which complaint or Charge on its face, if true, would constitute an Offense and the Ecclesiastical Authority or Standing Committee or Presiding Bishop, as the case may be, considers the complaint or Charge not to be a serious Offense against the Church and its good order and Discipline, but an interpersonal conflict not involving immorality or serious personal misconduct, or one that may be a technical commission of another Offense, the Ecclesiastical Authority or Standing Committee or Presiding Bishop may offer the parties thereto the opportunity for conciliation in lieu of canonical proceedings seeking a Presentment.

Sec. 2. If all appropriate parties to the matter agree that conciliation is desirable and are willing for the matter to be conciliated, the Ecclesiastical Authority or the Standing Committee or the Presiding Bishop receiving the complaint or Charge shall appoint a Conciliator, who shall labor with the parties to the conflict that they may be reconciled.

Sec. 3. If the Conciliator is unable to achieve conciliation within a period of thirty (30) days, which may be extended by consent of all the parties to the conciliation for additional periods not to exceed a total of ninety (90) days from the date of the appointment of the Conciliator, the Conciliator shall refer the matter back to the appointing authority without recommendation for further proceedings under this Title.

Sec. 4. If conciliation is achieved, the Conciliator shall report back to the appointing authority with the results of the conciliation. The Conciliator's report shall be in writing, concisely state the allegations of the original complaint or Charge, state the terms, if any, and the results of the conciliation, which shall be agreed to, signed and Acknowledged by and between the parties to the conciliation; and be it further

Resolved, That Canon IV.14.10 be amended to read as follows:

Sec. 10. Former jeopardy. No Member of the Clergy may be Presented or tried a second time under this Title for the same Offense, or after Waiver and Voluntary Submission to Discipline, or as to any matters expressly set forth in the agreed upon report of a Conciliator under Canon IV.16.4. without the Member of the Clergy's consent; and be it further

Resolved, That Canon IV.15. be amended by the addition of the following defined term:

"Conciliator" shall mean an adult person, lay or clergy, appointed to seek the conciliation between the appropriate parties under Canon IV.16.

Proposed Committee Amendment:

In Sec. 1, next to last line, delete "parties thereto" and add "persons involved".

In Sec. 2, line 1, delete "appropriate parties to" and add "persons involved".

In Sec. 2, line 4, delete "the parties to" and add "those involved in".

In Sec. 3, line 2, delete "parties" and add "participants".

In Sec. 4, line 4, delete "parties to" and add "participants in".

In the last Resolved clause, lines 2-3, delete "between the appropriate parties".

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #126)