| Resolution Number: | 2009-A187 |
|---|---|
| Title: | Amend Title III [Ministry] and Title V to Conform to Title IV Disciplinary Policies |
| Legislative Action Taken: | Concurred as Amended |
| Final Text: | |
Resolved, That the following provisions of Titles III and V of the Constitution and Canons for the Governance of The Episcopal Church are amended to read as indicated:
Canon III.7.8:
Sec. 8. If any Deacon of this Church not subject to the provisions of Canon IV.8 shall declare, in
writing, to the Bishop of the Diocese in which such Deacon is canonically
resident, a renunciation of the ordained Ministry of this Church, and a desire
to be removed therefrom, it shall be the duty of the Bishop to record the
declaration and request so made. The Bishop, being satisfied that the person so
declaring is not subject to the provision of Canon IV.8 but is acting voluntarily and for causes, assigned or known, which do not
affect the Deacon’s moral character, shall lay the matter before the
clerical members of the Standing Committee, and with the advice and consent of
a majority of such members the Bishop may pronounce that such renunciation is
accepted, and that the Deacon is released from the obligations of the
Ministerial office, and is deprived of the right to exercise the gifts and
spiritual authority as a Minister of God’s Word and Sacraments conferred
in Ordination. The Bishop shall also declare in pronouncing and recording such
action that it was for causes which do not affect the person’s moral
character, and shall, if desired, give a certificate to this effect to the
person so removed from the ordained Ministry.
Canon III.9.3(e)(3):
(3) If the Priest fails to comply with the provision of this Canon,such failure may be considered a breach of Canon IV.4.1(h)(3) occurring in the Diocese in which the Priest is canonically resident.
Canon III.9.8:
Sec. 8. If any Priest of this Church not subject to the provisions of Canon IV.8 shall declare, in
writing, to the Bishop of the Diocese in which such Priest is canonically
resident, a renunciation of the ordained Ministry of this Church, and a desire
to be removed therefrom, it shall be the duty of the Bishop to record the
declaration and request so made. The Bishop, being satisfied that the person so
declaring is not subject to the provision of Canon IV.8 but is acting voluntarily and for causes, assigned or known, which do not
affect the Priest’s moral character, shall lay the matter before the
clerical members of the Standing Committee, and with the advice and consent of
a majority of such members the Bishop may pronounce that such renunciation is
accepted, and that the Priest is released from the obligations of the
Ministerial office, and is deprived of the right to exercise the gifts and
spiritual authority as a Minister of God’s Word and Sacraments conferred
in Ordination. The Bishop shall also declare in pronouncing and recording such
action that it was for causes which do not affect the person’s moral
character, and shall, if desired, give a certificate to this effect to the
person so removed from the ordained Ministry.
Canon III.9.20(b): [Editor's Note: Canon number was changed by 2009-D006, see note below.]
(b) In the course of proceedings under this Canon,
ifa charge is allegations of misconduct are made by the Vestry against the Rector
that could give rise to a disciplinary proceeding constitute an Offense under Canon IV.1 Title IV, all proceedings
under this Canon with respect to such allegations shall be suspended
until the charge has allegations have been resolved or withdrawn.
Canon III.12.7(a):
(a) If any Bishop of this Church not subject to the provisions of Canon IV.8 shall declare, in
writing, to the Presiding Bishop a renunciation of the ordained Ministry of
this Church, and a desire to be removed there from, it shall be the duty of the
Presiding Bishop to record the declaration and request so made. The Presiding
Bishop, being satisfied that the person so declaring is not subject to the provision of Canon IV.8 but is acting voluntarily and
for causes, assigned or known, which do not affect the person’s moral
character, shall lay the matter before the Advisory Council to the Presiding
Bishop, and with the advice and consent of a majority of the members of the
Advisory Council the Presiding Bishop may pronounce that such renunciation is
accepted, and that the Bishop is released from the obligations of all
Ministerial offices, and is deprived of the right to exercise the gifts and
spiritual authority as a Minister of God’s Word and Sacraments conferred
in Ordinations. The Presiding Bishop shall also declare in pronouncing and
recording such action that it was for causes which do not affect the
person’s moral character, and shall, if desired, give a certificate to
this effect to the person so removed.
Canon V.4.1(a)(4):
(4) upon the certification to the Presiding Bishop by
the Advisory Committee Disciplinary Board for Bishops as to the abandonment of the communion of this Church
by a Bishop pursuant to Canon IV.16;
Canon V.4.1(a)(5):
(5) upon the certification by the Standing Committee as
to the abandonment of the communion of this Church by a Priest or Deacon pursuant to Canon
IV.16; or
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Anaheim, 2009 (New York: General Convention, 2009), pp. 266-268. |
|---|
Legislative History
| Author: | Title IV Task Force II on Disciplinary Policies and Procedures |
|---|---|
| Originating House: | House of Deputies |
| Originating Committee: | Committee on Canons |
House of Deputies
Deputy Little of Vermont moved to suspend the Rules for immediate consideration of Resolution A187 (Amendments to Title III and Title V to Conform to Changes to Title IV).
Motion carried
Rules suspended
The House of Deputies Committee on Canons presented its Report #14 on Resolution A187 (Amendments to Title III and Title V to Conform to Changes to Title IV) and moved adoption.
Original Text of Resolution:
(A187)
Resolved, the House of Bishops concurring, That the following provisions of Titles III and V of the Constitution and Canons for the Governance of The Episcopal Church are amended to read as indicated:
Canon III.7.8:
Sec. 8. If any Deacon of this Church not subject to the provisions
of Canon IV.8shall declare, in writing, to the Bishop of the Diocese
in which such Deacon is canonically resident, a renunciation of the ordained
Ministry of this Church, and a desire to be removed there from, it shall be the
duty of the Bishop to record the declaration and request so made. The Bishop,
being satisfied that the person so declaring is not subject to the
provision of Canon IV.8 but isacting voluntarily and for causes,
assigned or known, which do not affect the Deacon’s moral character,
shall lay the matter before the clerical members of the Standing Committee, and
with the advice and consent of a majority of such members the Bishop may
pronounce that such renunciation is accepted, and that the Deacon is released
from the obligations of the Ministerial office, and is deprived of the right to
exercise the gifts and spiritual authority as a Minister of God’s Word
and Sacraments conferred in Ordination. The Bishop shall also declare in
pronouncing and recording such action that it was for causes which do not
affect the person’s moral character, and shall, if desired, give a
certificate to this effect to the person so removed from the ordained
Ministry.
Canon III.9.3(c)(3):
(3) If the Priest fails to comply with the provision of this Canon, [the Bishop of the Diocese in which the Priest is canonically resident may proceed in accordance with Canon IV.11] such failure may be considered a breach of Canon IV.4.1(h)(3) occurring in the Diocese in which the Priest is canonically resident.
Canon III.9.8:
Sec. 8. If any Priest of this Church not subject to the provisions
of Canon IV.8shall declare, in writing, to the Bishop of the Diocese
in which such Priest is canonically resident, a renunciation of the ordained
Ministry of this Church, and a desire to be removed there from, it shall be the
duty of the Bishop to record the declaration and request so made. The Bishop,
being satisfied that the person so declaring is not subject to the
provision of Canon IV.8 but isacting voluntarily and for causes,
assigned or known, which do not affect the Priest’s moral character,
shall lay the matter before the clerical members of the Standing Committee, and
with the advice and consent of a majority of such members the Bishop may
pronounce that such renunciation is accepted, and that the Priest is released
from the obligations of the Ministerial office, and is deprived of the right to
exercise the gifts and spiritual authority as a Minister of God’s Word
and Sacraments conferred in Ordination. The Bishop shall also declare in
pronouncing and recording such action that it was for causes which do not
affect the person’s moral character, and shall, if desired, give a
certificate to this effect to the person so removed from the ordained
Ministry.
Canon III.9.20(b):
(b) In the course of proceedings under this Canon, if a charge isallegations of misconduct are made by the Vestry against the
Rector that could give rise to a disciplinary proceedingconstitute an Offense under Canon IV.1Title IV, all proceeding under this Canon with respect to such
chargeallegations shall be suspended until the
charge has allegations have been resolved or
withdrawn.
Canon III.12.7(a):
(a) If any Bishop of this Church not subject to the provisions of
Canon IV.8shall declare, in writing, to the Presiding Bishop a
renunciation of the ordained Ministry of this Church, and a desire to be
removed there from, it shall be the duty of the Presiding Bishop to record the
declaration and request so made. The Presiding Bishop, being satisfied that the
person so declaring is not subject to the provision of Canon IV.8 but
isacting voluntarily and for causes, assigned or known, which do not
affect the person’s moral character, shall lay the matter before the
Advisory Council to the Presiding Bishop, and with the advice and consent of a
majority of the members of the Advisory Council the Presiding Bishop may
pronounce that such renunciation is accepted, and that the Bishop is released
from the obligations of all Ministerial offices, and is deprived of the right
to exercise the gifts and spiritual authority as a Minister of God’s
Word and Sacraments conferred in Ordinations. The Presiding Bishop shall also
declare in pronouncing and recording such action that it was for causes which
do not affect the person’s moral character, and shall, if desired, give
a certificate to this effect to the person so removed.
Canon V.4.1(a)(4):
(4) upon the certification to the Presiding Bishop by the Advisory
CommitteeDisciplinary Board for Bishops as to the abandonment
of the communion of thisChurch by a Bishop pursuant to Canon
IV.1016;
Canon V.4.1(a)(5):
(5) upon the certification by the Standing Committee as to the abandonment
of the communion of thisChurch by a Priest or Deacon pursuant
to Canon IV.[10]16; or
Deputy Little of Vermont moved to amend the resolution.
Proposed Amendment:
In the resolution, change the citation Canon III.9.3(c)(3) to Canon III.9.3(e)(3).
A vote was taken on the amendment.
Motion carried
Amendment adopted
Deputy Little of Vermont moved to amend the resolution.
Proposed Amendment:
In Canon III.9.3(e)3, delete the words “[the Bishop of the Diocese in which the Priest is canonically resident may proceed in accordance with Canon IV.11].” In Canon V.4.1(a)(5), delete the number “[10].” In Canon III.9.20(b), add an “s” to the second occurrence of the word “proceeding.”
A vote was taken on the amendment.
Motion carried
Amendment adopted
A vote was taken on Resolution A187 as amended.
Motion carried
Resolution adopted with amendment
(Communicated to the House of Bishops in HD Message #133)
House of Bishops
Canons
The House of Bishops Committee on Canons presented its Report #11 on HD Message #133 on Resolution A187 (Amendments to Title III and Title V to Conform to Changes to Title IV) and moved concurrence.
The House concurred
(Communicated to the House of Deputies in HB Message #169)
Resolution Concurred by Both Houses, July 14.
| Report Reference: | Title IV Task Force II on Disciplinary Policies and Procedures, Reports to the 76th General Convention, 2009, pp. 766-798. |
|---|---|
| Abstract: | The 76th General Convention amends Titles III and V of the Canons with regard to certain disciplinary provisions, especially on renunciation of the ministry and abandonment of the Church. |
| Notes: | General Convention passed two separate resolutions in 2009 that affected the same sub-section of the Canons. Resolution 2009-A187 amended Canon III.9.20(b) with substantive content changes. Resolution 2009-D006 altered the canon number from III.9.20(b) to III.9.13(g)(2). As no conflict existed between the two resolutions, they were blended in the publication of the Constitution and Canons 2009. |