Resolution Number: | 2012-A030 |
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Title: | Amend Canons III.7, 9, 12 and Canon IV.16 as follows: Canon III.7.8 [Release and Removal of a Deacon] Canon III.7.9 [Release and Removal of a Deacon in Disciplinary Cases] Canon III.7.10 [Declaration of Release and Removal of a Deacon] Canon III.9.8 [Release and Removal of a Priest] Canon III.9.9 [Request for Release of a Priest] Canon III.9.10 [Release and Removal of a Priest in Disciplinary Cases] Canon III.9.11 [Declaration of Release and Removal of a Priest] Canon III.12.7(a) [Release and Removal of a Bishop] Canon III.12.7(b) [Release and Removal of a Bishop in Disciplinary Cases] Canon III.12.7(c) [Declaration of Release and Removal of a Bishop] Canon IV.16 [Of Abandonment of the Episcopal Church] |
Legislative Action Taken: | Concurred |
Final Text: |
Resolved, That Canon III.7.8, Canon III.7.9, Canon III.7.10, Canon III.9.8, Canon III.9.9, Canon III.9.10, Canon III.9.11, Canon III.12.7(a), Canon III.12.7(b), Canon III.12.7(c), and Canon IV.16 be amended to read as follows:
Canons III.7.8–10 (for deacons)
Sec. 8. Release and Removal from the Ordained Ministry of this Church
If any Deacon of this The
Episcopal Church shall declare express, in
writing, to the Bishop of the Diocese in which such Deacon is canonically
resident, a renunciation of an intention to be released and removed
from the
ordained Ministry of this Church , and a desire to be
removed therefromand
from the obligations attendant thereto, including those promises made at
Ordination in the Declaration required by Article VIII of the Constitution of
the General Convention, it shall be the duty of the Bishop to record
the declaration and request so made matter. The Bishop, being satisfied that the person so
declaring is acting voluntarily and for causes, assigned or
known,which do not affect the Deacon’sperson’s moral character, and is neither the subject of information concerning an Offense that
has been referred to an Intake Officer nor a Respondent in a pending
disciplinary matter as defined in Title IV of these Canons, 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 Standing Committee the Bishop may pronounce
that such renunciation is accepted, and that the
Deacon the person is
released and removed from the ordained Ministry of this Church and from the obligations of the Ministerial
office attendant thereto,
and is deprived of the right to exercise in The Episcopal
Church 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,at the person’s request,give a certificate to this effect to the person
so released and removed from the ordained
Ministry.
Sec. 9. If a Deaconmaking submitting
the aforesaid declaration writing described in Section 8 of this Canon be of renunciation of the ordained Ministry the subject of information concerning an Offense that has been
referred to an Intake Officer or a Respondent in a pending disciplinary matter
as defined in Title IV of these Canons, be under
Presentment for any Offense, or shall have been placed on Trial for the
same, the Ecclesiastical Authority to whom such declaration is made writing is submitted shall not consider or act upon consider or act
upon the written request unless and such
declaration until after the said Presentment disciplinary
matter shall have been resolved by a dismissedal, Accord or Order and
the time for appeal or rescission of such has expired or
the said Trial shall have been concluded and the Deacon judged not to have
committed an Offense.
Sec. 10. In the case of the renunciation release and removal of a
Deacon of from the ordained Ministry by of a Deacon this
Church as provided in this Canon, a declaration of release and removal shall be pronounced by the
Bishop in the presence of two or more Members of the Clergy, and shall be
entered in the official records of the Diocese in which the Deacon being released and removed is canonically resident. The
Bishop who pronounces the declaration of release and removal as provided in this Canon shall give notice thereof in
writing to every Member of the Clergy, each Vestry, the Secretary of the
Convention and the Standing Committee of the Diocese in which the Deacon was
canonically resident; and to all Bishops of this Church, the Ecclesiastical
Authority of each Diocese of this Church, the Presiding Bishop, the Recorder of
Ordinations, the Secretary of the House of Bishops, the Secretary of the House
of Deputies, The Church Pension Fund, and the Board for Church Deployment Transition
Ministry.
Canons III.9.8–11 (for priests)
Sec. 8. Renunciation of Release and Removal from the Ordained
Ministry of this Church
If any Priest of this The
Episcopal Church shall declare express, in writing, to the
Bishop of the Diocese in which such Priest is canonically resident, a renunciation of an intention to be released and removed from the ordained Ministry
of this this Church and a desire to be removed therefrom, and from the obligations attendant thereto,
including those promises made at Ordination in the Declaration required by
Article VIII of the Constitution of the General Convention, it
shall be the duty of the Bishop to record the declaration
and request so made matter. The Bishop, being
satisfied that the person so declaring is acting voluntarily and for
causes, assigned or known, which
do not affect the Priest’s person’s moral character, and is neither the subject of information concerning an Offense that
has been referred to an Intake Officer nor a Respondent in a pending
disciplinary matter as defined in Title IV of these Canons, 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 Standing Committee the Bishop may pronounce
that such renunciation is accepted, and that the
Priest the person is released and removed from the ordained
Ministry of this Church and from the obligations of the Ministerial office attendant
thereto, and is deprived of the right to exercise in The Episcopal Church 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 at the
person’s request, give a certificate to this effect to the
person so removed and released from the
ordained Ministry.
Sec. 9. A Priest who would be
permitted could under this Canon to renounce the
exercise of be released and removed from the ordained office Ministry of
this Church, and who desires to enter into other than
ecclesiastical employment, may declare express in writing to the Ecclesiastical Authority
of the Diocese in which the Priest is canonically resident a desire to be
released and removed from the obligations of
the office and a desire to be released and removed from the exercise of the office of Priest. Upon receipt of such declaration writing, the
Ecclesiastical Authority shall proceed in the same manner as if the declaration was one of renunciation of the ordained
Priesthood under prescribed in Section 8
of this Canon.
Sec. 10. If a Priest making the
aforesaid declaration of renunciation of the ordained Ministry be under
Presentment for any Offense, or shall have been placed on Trial for the
same submitting the writing described in Section 8 or 9 of
this Canon be the subject of information concerning an Offense that has been
referred to an Intake Officer or a Respondent in a pending disciplinary matter
as defined in Title IV of these Canons, the Ecclesiastical Authority
to whom such declaration is
made writing is submitted shall not
consider or act upon such
declaration the written request
unless and until after the said
Presentment the disciplinary matter shall have
been resolved by a dismissed or the said Trial shall have been concluded and
the Priest judged not to have committed an Offense.al,
Accord or Order and the time for appeal or rescission of such has
expired.
Sec. 11. In the case of the renunciation of release and removal of a
Priest from the ordained Ministry by a Priest of
this Church as
provided in this Canon, a declaration of release
and removal shall be pronounced by the Bishop in the presence
of two or more Priests, and shall be entered in the official records of the
Diocese in which the Priest being released and removed is canonically resident. The Bishop who pronounces the
declaration of release and removal as
provided in this Canon shall give notice thereof in writing to every Member of
the Clergy, each Vestry, the Secretary of the Convention and the Standing
Committee of the Diocese in which the Priest was canonically resident; and to
all Bishops of this Church, the Ecclesiastical Authority of each Diocese of
this Church, the Presiding Bishop, the Recorder of Ordinations, the Secretary
of the House of Bishops, the Secretary of the House of Deputies, the Church
Pension Fund, and the Board for Church
Deployment Transition Ministry.
Canon III.12.7(a)–(c) (for bishops)
Sec. 7. Renunciation of Release and Removal from the Ordained Ministry of this Church
(a) If any Bishop of this The
Episcopal Church shall declareexpress, in writing, to the
Presiding Bishop, a renunciation
of an intention to be released and removed
from the ordained Ministry of this this Church and a desire to be removed therefrom,and from the obligations attendant thereto,
including those promises made at Ordination in the Declaration required by
Article VIII of the Constitution of the General Convention, it
shall be the duty of the Presiding Bishop to record
the declaration and request so made
matter. The Presiding Bishop, being satisfied
that the person so declaring is acting voluntarily and for causes, assigned or known,which do not affect the
person’s moral character, and is neither the subject of
information concerning an Offense that has been referred to an Intake Officer
nor a Respondent in a pending disciplinary matter as defined in Title IV of
these Canons, 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 , person is released and
removed from the ordained Ministry of this
Church and from the obligations of all Ministerial
offices,attendant
thereto, and is deprived of the right to exercise in The Episcopal Church 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 at the person’s request,
give a certificate to this effect to the person so released
and removed from the ordained
Ministry.
(b) If a Bishop making the aforesaid declaration of the renunciation of the
ordained Ministry be under Presentment for any canonical Offense, or shall have
been placed on Trial for the same submitting the writing described
in Section 7(a) of this Canon be the subject of information concerning an
Offense that has been referred to an Intake Officer or a Respondent in a
pending disciplinary matter as defined in Title IV of these Canons, the Presiding Bishop
shall not consider or act upon such declaration until after the
Presentment shall have been dismissed or the said Trial shall have been
concluded and the Bishop judged not to have committed an
Offense shall not consider or act upon the written request unless and until
the disciplinary matter shall have been resolved by a dismissal, Accord or
Order and the time for appeal or rescission of such has expired.
(c) In the case of such renunciation
by the release and removal of a
Bishop from the ordained Ministry of this Church as provided in this Canon, a declaration of removal and release shall be pronounced by the Presiding
Bishop in the presence of two or more Bishops, and shall be entered in the
official records of the House of Bishops and of the Diocese in which the Bishop
being removed and released is canonically
resident. The Presiding Bishop shall give notice thereof in writing to the
Secretary of the Convention and the Ecclesiastical Authority and the Standing
Committee of the Diocese in which the Bishop was canonically resident, to all
Bishops of the Church, the Ecclesiastical Authority of each Diocese of this
Church, the Recorder, the Secretary of the House of Bishops, the Secretary of
the General Convention, The Church Pension Fund, and the Church Deployment Board for Transition Ministry.
Canon IV.16
CANON 16: Of Abandonment of The Episcopal Church
(A) By a Bishop
Sec. 2. The Presiding Bishop, or the presiding officer,
shall forthwith give notice to the Bishop of the certification and restriction
on ministry. Unless the restricted Bishop, within sixty days, makes declaration
by a verified written statement to the Presiding Bishop, that the facts alleged
in the certificate are false or utilizes the provisions of Canon III.12.7, the
Bishop will be liable to Deposition or Release and
Removal. If the Presiding Bishop is reasonably satisfied that the
statement constitutes (i) a good faith retraction of the declarations or acts
relied upon in the certification to the Presiding Bishop or (ii) a good faith
denial that the Bishop made the declarations or committed the acts relied upon
in the certificate, the Presiding Bishop, with the advice and consent of the
Disciplinary Board for Bishops, shall terminate the restriction. Otherwise, it
shall be the duty of the Presiding Bishop to present the matter to the House of
Bishops at the next regular or special meeting of the House. If the The House may, by a majority of the whole number of Bishops entitled
to vote, shall give its (1) consent to the deposition of the subject Bishop, in
which case,the Presiding Bishop shall depose
the Bishop from the ordained mMinistry of The
Episcopal Church, and pronounce and record in the presence of two or
more Bishops that the Bishop has been so
deposed., or (2) consent to the release and
removal of the subject Bishop from the ordained Ministry of The Episcopal
Church, in which case the Presiding Bishop shall declare such release and
removal in the presence of two or more Bishops.
(B) By a Priest or Deacon
Sec. 3. If it is reported to the Standing Committee of the Diocese in which a Priest or Deacon is canonically resident that the Priest or Deacon, without using the provisions of Canon III.7.8-10 or III.9.8-11, has abandoned The Episcopal Church, then the Standing Committee shall ascertain and consider the facts, and if it shall determine by a vote of three-fourths of all the members that the Priest or Deacon has abandoned The Episcopal Church by an open renunciation of the Doctrine, Discipline or worship of the Church, or by the formal admission into any religious body not in communion with the Church, or in any other way, it shall be the duty of the Standing Committee of the Diocese to transmit in writing to the Bishop Diocesan, or if there be no such Bishop, to the Bishop Diocesan of an adjacent Diocese, its determination, together with a statement setting out in a reasonable detail the acts or declarations relied upon in making its determination. If the Bishop Diocesan affirms the determination, the Bishop Diocesan shall place a restriction on the exercise of ministry by that Priest or Deacon for sixty days and shall send to the Priest or Deacon a copy of the determination and statement, together with a notice that the Priest or Deacon has the rights specified in Section 2 of this Canon and at the end of the sixty day period the Bishop Diocesan will consider deposing the Priest or Deacon in accordance with the provisions of Section 4.
Sec. 4. Prior to the expiration of the sixty day period of
restriction, the Bishop Diocesan may permit
the Priest or Deacon to may utilize the provisions of Canon III.7.8-10 or III.9.8-11, as
applicable. If within such sixty day period the Priest or Deacon shall transmit
to the Bishop Diocesan a statement in writing signed by the Priest or Deacon,
which the Bishop Diocesan is reasonably satisfied constitutes a good faith
retraction of such declarations or acts relied upon in the determination or a
good faith denial that the Priest or Deacon committed the acts or made the
declarations relied upon in the determination, the Bishop Diocesan shall
withdraw the notice and the restriction on ministry shall expire. If, however,
within the sixty day period, the Bishop Diocesan does not pronounce acceptance of the
renunciation declare the release and removal of the Priest or Deacon in accordance with Canon III.7.8-10 and or III.9.8-11,
as applicable, or the Priest or Deacon does not make retraction or denial as
provided above, then it shall be the duty of the Bishop Diocesan either (i) to
depose the Priest or Deacon or (ii) if the Bishop Diocesan is satisfied that no
previous irregularity or misconduct is involved, with the advice and consent of
the Standing Committee, to pronounce and record in the presence of two or more
Priests that the Priest or Deacon is released and
removed from the ordained Ministry of this Church
and from the obligations of Priest or Deacon attendant
thereto, and (for causes which do not affect the person’s moral character)
is deprived of the right to exercise in The Episcopal
Church the gifts and spiritual authority conferred in
Ordination.
Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Indianapolis, 2012 (New York: General Convention, 2012), pp. 704-708. |
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Legislative History
Author: | Standing Commission on Constitution and Canons |
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Originating House: | House of Bishops |
Originating Committee: | Ministry |
House of Bishops
The House of Bishops Committee on Ministry presented its Report #1 on Resolution A030 (Amend Canons: Canon III.7.8–10; Canon III.9.8–11; Canon III.12.7(a)–(c); Canon IV.16) and moved to discharge and refer to a different committee (05 – Canons).
Motion carried
Resolution re-referred to Legislative Committee Canons
(Communicated to the House of Deputies in HB Message # 5)
House of Deputies
The House of Deputies Committee on Ministry presented its Report #13 on Resolution A030 (Amend Canons: Canon III.7.8–10; Canon III.9.8–11; Canon III.12.7(a)–(c); Canon IV.16) and moved re-referral.
Motion carried
Resolution re-referred to Legislative Committee
(Communicated to the House of Bishops in HD Message #89)
House of Bishops
The House of Bishops Committee on Canons presented its Report #1 on Resolution A030 (Amend Canons: Canon III.7.8–10; Canon III.9.8–11; Canon III.12.7(a)–(c); Canon IV.16) and moved adoption.
Original Text of Resolution
(A030)
Resolved, the House of Deputies concurring, that Canon III.7.8, Canon III.7.9, Canon III.7.10, Canon III.9.8, Canon III.9.9, Canon III.9.10, Canon III.9.11, Canon III.12.7(a), Canon III.12.7(b), Canon III.12.7(c), and Canon IV.16 be amended to read as follows:
Canons III.7.8–10 (for deacons)
Sec. 8. Release and Removal from the Ordained Ministry of this Church
If any Deacon of this The Episcopal Church shall
declare express, in writing, to the Bishop of the
Diocese in which such Deacon is canonically resident, an intention to be
released and removed from a renunciation of the ordained
Ministry of this Church, and from the obligations attendant
thereto, including those promises made at Ordination in the Declaration
required by Article VIII of the Constitution of the General Convention and a desire to be removed therefrom, it shall be the duty
of the Bishop to record the declaration and request so made matter. The Bishop, being satisfied that the person so declaring is
acting voluntarily and for causes, assigned or known, which do
not affect the Deacon’s person’s moral
character, and is neither the subject of information concerning an Offense
that has been referred to an Intake Officer nor a Respondent in a pending
disciplinary matter as defined in Title IV of these Canons, 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 Standing Committee the Bishop may pronounce that such
renunciation is accepted, and that the Deacon the person is
released and removedfrom the ordained Ministry of this Church and
from the obligations of the Ministerial office attendant thereto, and is deprived of the right to exercise
in The Episcopal Church 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, at the
person’s request, if desired, give a certificate to
this effect to the person so released and removed from the ordained
Ministry.
Sec. 9. If a Deacon making submitting the
aforesaid declaration writing described in Section 8 of
this Canon be of renunciation of the ordained Ministry the subject of information concerning an Offense that has been referred to
an Intake Officer or a Respondent in a pending disciplinary matter as defined
in Title IV of these Canons,be under Presentment for any Offense,
or shall have been placed on Trial for the same, the Ecclesiastical
Authority to whom such declaration is made writing is submitted shall not consider or act
upon consider or act upon the written request unless and
such declaration until after the said Presentment disciplinary matter shall
have been resolved by a dismissedal, Accord or
Order and the time for appeal or rescission of such has expired or the
said Trial shall have been concluded and the Deacon judged not to have
committed an Offense.
Sec. 10. In the case of the renunciation release
and removal of a Deacon of fromthe ordained
Ministry by of a Deacon this
Church as provided in this Canon, a declaration of release and
removal shall be pronounced by the Bishop in the presence of two or more
Members of the Clergy, and shall be entered in the official records of the
Diocese in which the Deacon being released and removed is canonically
resident. The Bishop who pronounces the declaration of release
andremoval as provided in this Canon shall give notice thereof in writing
to every Member of the Clergy, each Vestry, the Secretary of the Convention and
the Standing Committee of the Diocese in which the Deacon was canonically
resident; and to all Bishops of this Church, the Ecclesiastical Authority of
each Diocese of this Church, the Presiding Bishop, the Recorder of Ordinations,
the Secretary of the House of Bishops, the Secretary of the House of Deputies,
The Church Pension Fund, and the Board for Church Deployment Transition Ministry.
Canons III.9.8–11 (for priests)
Sec. 8. Renunciation of Release and Removal
from the Ordained Ministry of this Church
If any Priest of this The Episcopal Church shall
declare express, in writing, to the Bishop of the
Diocese in which such Priest is canonically resident, an intention to be
released and removed from a renunciation of the ordained
Ministry of this thisChurch and from the obligations
attendant thereto, including those promises made at Ordination in the
Declaration required by Article VIII of the Constitution of the General
Convention, and a desire to be removed therefrom, it shall
be the duty of the Bishop to record the declaration and request so
made matter. The Bishop, being satisfied that the person so
declaring is acting voluntarily and for causes, assigned or
known, which do not affect the Priest’s person’s moral character, and is neither the subject of
information concerning an Offense that has been referred to an Intake Officer
nor a Respondent in a pending disciplinary matter as defined in Title IV of
these Canons, 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 Standing Committee the
Bishop may pronounce that such renunciation is accepted, and that the
Priest the person is released and removed from the
ordained Ministry of this Church and from the obligations of the
Ministerial office attendant thereto, and is deprived of the
right to exercise in The Episcopal Church 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 at the person’s
request, give a certificate to this effect to the person so removed and
released from the ordained Ministry.
Sec. 9. A Priest who would be permitted could
under this Canon be released and removed to renounce the
exercise from the of ordained Ministry of
this Churchoffice , and who desires to enter
into other than ecclesiastical employment, may declare express in writing to the Ecclesiastical Authority of the Diocese in
which the Priest is canonically resident a desire to be released and
removed from the obligations of the office and a desire to be released
and removed from the exercise of the office of Priest. Upon receipt of
such declaration writing, the Ecclesiastical Authority
shall proceed in the same manner as if the declaration was one of
renunciation of the ordained Priesthood under
prescribed in Section 8 of this
Canon.
Sec. 10. If a Priest making the aforesaid declaration of
renunciation of the ordained Ministry be under Presentment for any Offense, or
shall have been placed on Trial for the same submitting the writing
described in Section 8 or 9 of this Canon be the subject of information
concerning an Offense that has been referred to an Intake Officer or a
Respondent in a pending disciplinary matter as defined in Title IV of these
Canons, the Ecclesiastical Authority to whom such declaration is
made writing is submitted shall not consider or act upon
such declaration the written request
unless and until after the said Presentment the
disciplinary mattershall have been resolved by a dismissal,
Accord or Order and the time for appeal or rescission of such has
expired.ed or the said Trial shall have been concluded and the
Priest judged not to have committed an Offense.
Sec. 11. In the case of the renunciation
of release and removal of a Priest from the ordained
Ministry of this Church by a Priest as provided in this
Canon, a declaration of release and removal shall be pronounced by the
Bishop in the presence of two or more Priests, and shall be entered in the
official records of the Diocese in which the Priest being released and
removed is canonically resident. The Bishop who pronounces the declaration of
release and removal as provided in this Canon shall give notice thereof
in writing to every Member of the Clergy, each Vestry, the Secretary of the
Convention and the Standing Committee of the Diocese in which the Priest was
canonically resident; and to all Bishops of this Church, the Ecclesiastical
Authority of each Diocese of this Church, the Presiding Bishop, the Recorder of
Ordinations, the Secretary of the House of Bishops, the Secretary of the House
of Deputies, the Church Pension Fund, and the Board for Church
Deployment Transition Ministry.
Canon III.12.7(a)–(c) (for bishops)
Sec. 7. Renunciation Release and Removal from
of the Ordained Ministry of this Church
(a) If any Bishop of this The Episcopal
Church shall declare express, in writing, to the
Presiding Bishop, a renunciation of an intention to
be released and removed from the ordained Ministry of this this Church and from the obligations attendant thereto, including
those promises made at Ordination in the Declaration required by Article VIII
of the Constitution of the General Convention, and a desire to be
removed therefrom, it shall be the duty of the Presiding Bishop to
record thedeclaration and request so made matter. The
Presiding Bishop, being satisfied that the person so declaring is acting
voluntarily and for causes, assigned or known, which do not
affect the person’s moral character, and is neither the subject of
information concerning an Offense that has been referred to an Intake Officer
nor a Respondent in a pending disciplinary matter as defined in Title IV of
these Canons, 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 person is
released and removed from the ordained Ministry of this Church and
from the obligations attendant thereto, of all Ministerial
offices, and is deprived of the right to exercise in The Episcopal
Church 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 at the person’s request, give a certificate to
this effect to the person so released and removed from the ordained
Ministry.
(b) If a Bishop submitting the writing described in Section 7(a)
of this Canon be the subject of information concerning an Offense that has been
referred to an Intake Officer or a Respondent in a pending disciplinary matter
as defined in Title IV of these Canons making the aforesaid
declaration of the renunciation of the ordained Ministry be under Presentment
for any canonical Offense, or shall have been placed on Trial for the
same, the Presiding Bishop shall not consider or act upon the
written request unless and until the disciplinary matter shall have been
resolved by a dismissal, Accord or Order and the time for appeal or rescission
of such has expired shall not consider or act upon such declaration
until after the Presentment shall have been dismissed or the said Trial shall
have been concluded and the Bishop judged not to have committed an
Offense.
(c) In the case of such renunciation by the
release and removal of a Bishop from the ordained Ministry of this
Church as provided in this Canon, a declaration of removal and
release shall be pronounced by the Presiding Bishop in the presence of two
or more Bishops, and shall be entered in the official records of the House of
Bishops and of the Diocese in which the Bishop being removed and
released is canonically resident. The Presiding Bishop shall give notice
thereof in writing to the Secretary of the Convention and the Ecclesiastical
Authority and the Standing Committee of the Diocese in which the Bishop was
canonically resident, to all Bishops of the Church, the Ecclesiastical
Authority of each Diocese of this Church, the Recorder, the Secretary of the
House of Bishops, the Secretary of the General Convention, The Church Pension
Fund, and the Church Deployment Board for Transition
Ministry.
Canon IV.16
CANON 16: Of Abandonment of The Episcopal Church
(A) By a Bishop
Sec. 2. The Presiding Bishop, or the presiding officer, shall
forthwith give notice to the Bishop of the certification and restriction on
ministry. Unless the restricted Bishop, within sixty days, makes declaration by
a verified written statement to the Presiding Bishop, that the facts alleged in
the certificate are false or utilizes the provisions of Canon III.12.7, the
Bishop will be liable to Deposition or Release and Removal. If the
Presiding Bishop is reasonably satisfied that the statement constitutes (i) a
good faith retraction of the declarations or acts relied upon in the
certification to the Presiding Bishop or (ii) a good faith denial that the
Bishop made the declarations or committed the acts relied upon in the
certificate, the Presiding Bishop, with the advice and consent of the
Disciplinary Board for Bishops, shall terminate the restriction. Otherwise, it
shall be the duty of the Presiding Bishop to present the matter to the House of
Bishops at the next regular or special meeting of the House. If
the The House may, by a majority of the whole number of
Bishops entitled to vote, shall give its (1) consent
to the deposition of the subject Bishop, in which case,
the Presiding Bishop shall depose the Bishop from the ordained
mMinistry of The Episcopal Church, and pronounce
and record in the presence of two or more Bishops that the Bishop has been so
deposed., or (2) consent to the release and removal of the
subject Bishop from the ordained Ministry of The Episcopal Church, in which
case the Presiding Bishop shall declare such release and removal in the
presence of two or more Bishops.
(B) By a Priest or Deacon
Sec. 3. If it is reported to the Standing Committee of the Diocese in which a Priest or Deacon is canonically resident that the Priest or Deacon, without using the provisions of Canon III.7.8-10 or III.9.8-11, has abandoned The Episcopal Church, then the Standing Committee shall ascertain and consider the facts, and if it shall determine by a vote of three-fourths of all the members that the Priest or Deacon has abandoned The Episcopal Church by an open renunciation of the Doctrine, Discipline or worship of the Church, or by the formal admission into any religious body not in communion with the Church, or in any other way, it shall be the duty of the Standing Committee of the Diocese to transmit in writing to the Bishop Diocesan, or if there be no such Bishop, to the Bishop Diocesan of an adjacent Diocese, its determination, together with a statement setting out in a reasonable detail the acts or declarations relied upon in making its determination. If the Bishop Diocesan affirms the determination, the Bishop Diocesan shall place a restriction on the exercise of ministry by that Priest or Deacon for sixty days and shall send to the Priest or Deacon a copy of the determination and statement, together with a notice that the Priest or Deacon has the rights specified in Section 2 of this Canon and at the end of the sixty day period the Bishop Diocesan will consider deposing the Priest or Deacon in accordance with the provisions of Section 4.
Sec. 4. Prior to the expiration of the sixty day period of
restriction, the Bishop Diocesan may permit the Priest or
Deacon to may utilize the provisions of Canon
III.7.8-10 or III.9.8-11, as applicable. If within such sixty day period the
Priest or Deacon shall transmit to the Bishop Diocesan a statement in writing
signed by the Priest or Deacon, which the Bishop Diocesan is reasonably
satisfied constitutes a good faith retraction of such declarations or acts
relied upon in the determination or a good faith denial that the Priest or
Deacon committed the acts or made the declarations relied upon in the
determination, the Bishop Diocesan shall withdraw the notice and the
restriction on ministry shall expire. If, however, within the sixty day period,
the Bishop Diocesan does not declare pronounce acceptance of the
renunciation the release and removal of the Priest or
Deacon in accordance with Canon III.7.8-10 and or
III.9.8-11, as applicable, or the Priest or Deacon does not make retraction or
denial as provided above, then it shall be the duty of the Bishop Diocesan
either (i) to depose the Priest or Deacon or (ii) if the Bishop Diocesan is
satisfied that no previous irregularity or misconduct is involved, with the
advice and consent of the Standing Committee, to pronounce and record in the
presence of two or more Priests that the Priest or Deacon is released and
removed from theordained Ministry of this Church and from the
obligations attendant thereto, of Priest or Deacon and
(for causes which do not affect the person’s moral character) is
deprived of the right to exercise in The Episcopal Church the gifts and
spiritual authority conferred in Ordination.
The Bishop of Connecticut moved an amendment.
Proposed Amendment
In Canon 16, Sec. 2, add “a two-thirds majority of the whole number of Bishops present and to vote.”
Motion defeated
Amendment defeated
The question was called.
Motion carried
Debate terminated
A vote was taken on Resolution A030.
Motion carried
Resolution adopted
(Communicated to the House of Deputies in HB Message # 216)
House of Deputies
The House of Deputies Committee on Canons presented its Report #7 on HB Message #216 on Resolution A030 (Amend Canons: Canon III.7.8–10; Canon III.9.8–11; Canon III.12.7(a)–(c); Canon IV.16) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Bishops in HD Message #337)
Resolution Concurred by Both Houses, July 12.
Report Reference: | Standing Commission on Constitution and Canons, Reports to the 77th General Convention, 2012, pp. 112-131. |
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Abstract: | The 77th General Convention amends Canons, Titles III and IV, by refining language concerning, respectively, the release and removal from ordained ministry of Deacons, Priests, and Bishops; and abandonment of The Episcopal Church. |
Notes: | The final text differs in stylistic ways from the text as reproduced in the editing of the Constitution and Canons 2012. These changes were approved by the Canons Review Committee of General Convention. For a record of these changes, contact The Archives of the Episcopal Church. |