The Acts of Convention

House of Bishops

The House of Bishops Committee on Ministry presented its Report # 30 on Resolution B021 (Reconciliation or Dissolution of an Episcopal Relationship) and moved adoption of a substitute.

Original Text of Resolution

(B021)

Resolved, the House of Deputies concurring, That Canon III.12 is hereby amended to include a new Section 9 and 10 to read as follows:

Sec. 9. Reconciliation of Disagreements Affecting the Pastoral Relation between a Bishop and Diocese

When the pastoral relationship in a parish between a Bishop and the Diocese is imperiled by disagreement or dissension, and the issues are deemed serious by a majority vote of the Standing Committee or by the Bishop, either party may petition the Presiding Bishop, in writing, to intervene and assist the parties in their efforts to resolve the disagreement or dissension. The written petition shall include sufficient information to inform the Presiding Bishop and the parties involved of the nature, causes, and specifics of the disagreements or dissension imperiling the pastoral relationship. The Presiding Bishop shall initiate such proceedings as are deemed appropriate under the circumstances to attempt to reconcile the parties, which may include the appointment of a consultant or licensed mediator. The parties to the disagreement, following the recommendations of the Presiding Bishop, shall labor in good faith toward that reconciliation.

Sec. 10. Dissolution of the Pastoral Relation between a Bishop and Diocese

(a) Except upon mandatory resignation by reason of age, a Bishop may not resign without the consent of a majority of Bishops with Jurisdiction, nor may any Bishop canonically or lawfully elected be removed by the Standing Committee or Diocesan Convention against the Bishop's will, except as hereinafter provided.

(b) If for any urgent reason a Bishop or majority of the Standing Committee based on a vote in a duly-called meeting, desires a dissolution of the pastoral relation, and the parties cannot agree, either party may give notice in writing to the Presiding Bishop with a copy available to the Bishop or Standing Committee. Such notice shall include sufficient information to inform the Presiding Bishop and all parties involved of the nature, causes, and specifics requiring the dissolution of the pastoral relationship. If the parties have participated in mediation or consultation processes, a separate report from the mediator or consultant will be submitted to the Presiding Bishop with copies available to the Bishop and Standing Committee.

(c) Within sixty days of receipt of the written notice, the Presiding Bishop may initiate further mediation and reconciliation processes between Bishop and Standing Committee in every way that the Presiding Bishop deems proper. The Presiding Bishop may appoint a committee of at least one Presbyter and one Lay Person, none of whom may be members of or related to the Diocese involved, to interview the Bishop and Standing Committee and report to the Presiding Bishop on the cooperation and responsiveness of the parties involved in the processes required by the Presiding Bishop. A copy of this report shall be available to the Bishop and Standing Committee.

(d) If the differences between the parties are not resolved after completion of mediation or other reconciliation efforts or actions prescribed by the Presiding Bishop, the Presiding Bishop shall proceed as follows:

(1) The Presiding Bishop shall give written notice to the Bishop and Standing Committee that a judgment will be rendered in the matter, and that either party has the right within ten days to request in writing an opportunity to confer with the Presiding Bishop before the Presiding Bishop proposes a resolution for consideration of and approval by a majority vote of Bishops with Jurisdiction. The Presiding Bishop's written notification shall inform the parties involved of the nature, causes, and specifics of the unresolved disagreements or dissension imperiling the pastoral relationship.

(2) If a timely request is made, the Presiding Bishop shall set a date for the conference, which shall be held within thirty days.

(3) At the conference, each party shall be entitled to attend, be represented, and present its position fully.

(4) Within thirty days after the conference or after the Presiding Bishop's notice if no conference is requested, the Presiding Bishop shall propose to Bishops with Jurisdiction a resolution to the matter; thereafter the Bishops with Jurisdiction, as final arbiter and judge, shall render a written godly judgment.

(5) Upon the request of either party, the Presiding Bishop shall explain the reasons for the judgment. If the explanation is in writing, copies shall be delivered to both parties. Either party may request the explanation be in writing.

(6) If the pastoral relation is to be continued, the parties will agree on definitions of responsibility and accountability for the Bishop and the Diocese.

(7) If the relation is to be dissolved:

(i) The Presiding Bishop shall direct the Secretary of the House of Bishops to record the dissolution.

(ii) The judgment shall include such terms and conditions including financial settlements as shall seem to the Presiding Bishop just and compassionate.

(8) In either event, the Presiding Bishop shall offer appropriate supportive services to the Bishop and the Diocese.

Committee Substitute

Resolved, the House of Deputies concurring, That Cannon III.12 is hereby amended to include new Sections 9 and 10 as follows:

Sec. 9. Reconciliation of Disagreements Affecting the Pastoral Relation between a Bishop and Diocese

When the pastoral relationship between a Bishop Diocesan, Bishop Coadjutor or Bishop Suffragan and the Diocese is imperiled by disagreement or dissension, and the issues are deemed serious by the Bishop or a majority vote of the Standing Committee or the Diocesan Convention, any party may petition the Presiding Bishop, in writing, to intervene and assist the parties in their efforts to resolve the disagreement or dissension. The written petition shall include sufficient information to inform the Presiding Bishop and the parties involved of the nature, causes, and specifics of the disagreements or dissension imperiling the pastoral relationship. The Presiding Bishop shall initiate such proceedings as are deemed appropriate under the circumstances to attempt to reconcile the parties, which may include the appointment of a consultant or licensed mediator. The parties to the disagreement, following the recommendations of the Presiding Bishop, shall labor in good faith toward that reconciliation.

Sec. 10. Dissolution of the Pastoral Relation between a Bishop and Diocese

(a) If for any urgent reason a Bishop or majority of the Standing Committee or Diocesan Convention based on a vote in a duly-called meeting, desires a dissolution of the pastoral relation, and the parties cannot agree, any party may give notice in writing to the Presiding Bishop with a copy available to the Bishop or Standing Committee. Such notice shall include sufficient information to inform the Presiding Bishop and all parties involved of the nature, causes, and specifics requiring the dissolution of the pastoral relationship. If the parties have participated in mediation or consultation processes, a separate report from the mediator or consultant will be submitted to the Presiding Bishop with copies available to the Bishop and Standing Committee.

(b) Within thirty days of receipt of the written notice, the Presiding Bishop may initiate further mediation and reconciliation processes between the Bishop and Standing Committee in every way which the Presiding Bishop deems proper.

(c) If the differences between the parties are not resolved after completion of mediation or other reconciliation efforts or actions prescribed by the Presiding Bishop, the matter shall proceed as follows:

(1) The Presiding Bishop shall convene a committee of one Presbyter and one Lay Person appointed by the President of the House of Deputies and one Bishop appointed by the Presiding Bishop, none of whom may be members of or related to the Diocese or Bishop involved. The committee may interview the Bishop and Standing Committee and conduct such other inquiries as it deems necessary.

(2) The Presiding Bishop shall give written notice to the Bishop and Standing Committee that the committee will recommend a resolution of the matter to Bishops with jurisdiction, and that either party has the right within fifteen days to request in writing an opportunity to confer with the committee before the committee proposes a resolution for consideration of and approval by a majority vote of Bishops with Jurisdiction. The Presiding Bishop's written notification shall inform the parties involved of the nature, causes, and specifics of the unresolved disagreements or dissension imperiling the pastoral relationship.

(3) If a timely request is made, the Presiding Bishop shall immediately notify the committee. The committee shall set a date for the conference, which shall be held within fifteen days of the committee’s receipt of the notification.

(4) At the conference, each party shall be entitled to attend, be represented, and present its position fully.

(5) Within fifteen days after the conference or after the expiration of the time to request in writing an opportunity to confer with the committee if no conference is requested, the committee shall provide its recommended resolution to Bishops with Jurisdiction, the Bishop and the Standing Committee. The committee’s recommended resolution of the matter shall become effective upon a majority vote of the Bishops with Jurisdiction no later than the next meeting of the House of Bishops. If a majority of Bishops with Jurisdiction is not obtained, the committee may provide another recommended resolution to the Presiding Bishop for transmission and vote as was the initial recommended resolution.

(6) If the recommended resolution is that the pastoral relation be continued, the recommended resolution shall contain definitions of responsibility and accountability for the Bishop and the Diocese.

(7) If the relation is to be dissolved, the dissolution shall have the effect of terminating a Bishop Diocesan or Bishop Coadjutor’s jurisdiction and position in the Diocese and a Bishop Suffragan’s position in the Diocese as if the Bishop had resigned.

(i) The Presiding Bishop shall direct the Secretary of the House of Bishops to record the dissolution.

(ii) The judgment may include terms and conditions including financial settlements.

(8) In either event, the Presiding Bishop shall offer appropriate supportive services to the Bishop and the Diocese.

And be it further

Resolved, that this amendment shall take effect September 1, 2012.

Bishop David Jones proposed an amendment.

Proposed Amendment

In Section 9, after “vote of”, add “all of the members.” In Section 10(a), after “majority of,” add “all of the members.”

Motion carried

Amendment adopted

The Bishop-in-Charge of the Convocation of Episcopal Churches in Europe proposed an amendment.

Proposed Amendment

In Section 10(c)(5), after “recommended resolution to”, add “the House of” and delete “with

Jurisdiction”; after “the,” add “house of” and delete “with jurisdiction.” In Section 10(c)(2) after “of”, add “the House of” and delete “with jurisdiction.”

The Bishop of Springfield proposed an amendment to the amendment.

Proposed Amendment

In the above proposed amendment, after “House of Bishops, add “present and voting.”

Motion carried

Amendment adopted

The Bishop of East Carolina proposed an amendment.

Proposed Amendment

In Section 10, replace “Bishops with Jurisdiction” with “all Bishops entitled to vote.”

The Bishop of Eastern Michigan moved to table the Resolution to discussion during private time in the afternoon session.

Motion carried

Resolution tabled

House of Bishops

The House of Bishops Committee on Ministry presented its Report #30 on Resolution B021 (Reconciliation or Dissolution of an Episcopal Relationship).

The Bishop of Ohio moved adoption of a substitute on behalf of the Committee and a group of seven Bishops.

The Parliamentarian ruled that consideration of a substitute takes precedence over all previous actions on amendments.

Proposed Substitute

Resolved, the House of Deputies concurring, That Canon III.12 is hereby amended to include new Sections 9 and 10 as follows:

Sec. 9. Reconciliation of Disagreements Affecting the Pastoral Relation between a Bishop and Diocese

When the pastoral relationship between a Bishop Diocesan, Bishop Coadjutor or Bishop Suffragan and the Diocese is imperiled by disagreement or dissension, and the issues are deemed serious by the Bishop or a majority vote of all of the members of the Standing Committee or a majority vote of the Diocesan Convention, any party may petition the Presiding Bishop, in writing, to intervene and assist the parties in their efforts to resolve the disagreement or dissension. The written petition shall include sufficient information to inform the Presiding Bishop and the parties involved of the nature, causes, and specifics of the disagreements or dissension imperiling the pastoral relationship. The Presiding Bishop shall initiate such proceedings as are deemed appropriate under the circumstances to attempt to reconcile the parties, which may include the appointment of a consultant or licensed mediator. The parties to the disagreement, following the recommendations of the Presiding Bishop, shall labor in good faith toward that reconciliation. If such proceedings lead to reconciliation, said reconciliation shall contain definitions of responsibility and accountability for the Bishop and the Diocese.

Sec. 10. Dissolution of the Pastoral Relation between a Bishop and Diocese

(a) If for any urgent reason a Bishop or majority of all the members of the Standing Committee or a majority vote of Diocesan Convention, based on a vote in a duly-called meeting, desires a dissolution of the pastoral relationship, and the parties cannot agree, any party may give notice in writing to the Presiding Bishop with a copy available to the Bishop or Standing Committee. Such notice shall include sufficient information to inform the Presiding Bishop and all parties involved of the nature, causes, and specifics requiring the dissolution of the pastoral relationship. If the parties have participated in mediation or consultation processes, a separate report from the mediator or consultant will be submitted to the Presiding Bishop with copies available to the Bishop and Standing Committee.

(b) Within thirty days of receipt of the written notice, the Presiding Bishop may initiate further mediation and reconciliation processes between the Bishop and Standing Committee in every way which the Presiding Bishop deems proper.

(c) If the differences between the parties are not resolved after completion of mediation or other reconciliation efforts or actions prescribed by the Presiding Bishop, the matter shall proceed as follows:

(1) The Presiding Bishop shall convene a committee of one Presbyter and one Lay Person appointed by the President of the House of Deputies and one Bishop appointed by the Presiding Bishop, none of whom may be members of or related to the Diocese or Bishop involved. The committee may interview the Bishop and Standing Committee and conduct such other inquiries as it deems necessary.

(2) The Presiding Bishop shall give written notice to the Bishop and Standing Committee that the committee will recommend a resolution of the matter to the House of Bishops, and that either party has the right within fifteen days to request in writing an opportunity to confer with the committee before the committee proposes a resolution for consideration of and approval by a majority vote of the House of Bishops. The Presiding Bishop's written notification shall inform the parties involved of the nature, causes, and specifics of the unresolved disagreements or dissension imperiling the pastoral relationship.

(3) If a timely request is made, the Presiding Bishop shall immediately notify the committee. The committee shall set a date for the conference, which shall be held within fifteen days of the committee’s receipt of the notification.

(4) At the conference, each party shall be entitled to attend, be represented, and present its position fully.

(5) Within fifteen days after the conference or after the expiration of the time to request in writing an opportunity to confer with the committee if no conference is requested, the committee shall provide its recommended resolution to the House of Bishops, the Bishop and the Standing Committee. The committee’s recommended resolution of the matter shall become effective upon a majority vote of the Bishops present and eligible to vote, at the next regular or special meeting of the House of Bishops. If a majority of those Bishops is not obtained, the committee shall provide another recommended resolution to the Presiding Bishop for transmission and vote at the same meeting, as was the initial recommended resolution.

(6) If the recommended resolution is that the pastoral relationship be continued, the recommended resolution shall contain definitions of responsibility and accountability for the Bishop and the Diocese.

(7) If the relationship is to be dissolved, the dissolution shall have the effect of terminating a Bishop Diocesan or Bishop Coadjutor’s jurisdiction and position in the Diocese, or a Bishop Suffragan’s position in the Diocese, as if the Bishop had resigned.

(i) The Presiding Bishop shall direct the Secretary of the House of Bishops to record the dissolution.

(ii) The judgment may include terms and conditions including financial settlements.

(8) In either event, the Presiding Bishop shall offer appropriate supportive services to the Bishop and the Diocese.

And be it further

Resolved, that this amendment shall take effect September 1, 2012.

The Bishop of Vermont moved an amendment.

Proposed Amendment

Add “Diocesan, Coadjutor and Suffragan” after the word “Bishops.”

Motion defeated

Amendment defeated

The Bishop of West Missouri moved an amendment.

Proposed Amendment

To make all votes to be by two-thirds instead of a majority.

The question was called.

Motion carried

Debate terminated

A vote was taken on the West Missouri amendment.

Motion carried

Amendment adopted

A vote was taken on the substitute Resolution B021 as amended.

Motion carried

Substitute resolution adopted with amendment

(Communicated to the House of Deputies in HB Message # 192)