Resolution Number: 2012-A030
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.

Legislative History

Author: Standing Commission on Constitution and Canons
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.
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.