| Resolution Number: | 2015-A133 |
|---|---|
| Title: | Amend Canon IV.7.4 [Pastoral Direction, Restricted Ministry, Administrative Leave] |
| Legislative Action Taken: | Concurred as Amended |
| Final Text: | |
Resolved, That Canon IV.7.4 be amended to read as follows:
Sec. 4. Any restriction on ministry imposed pursuant to Canon IV.7.3(a)
or placement on Administrative Leave pursuant to Canon IV.7.3(b) must (a) be
made in writing; (b) set forth clearly the reasons for which it is issued; (c)
set forth clearly the limitations and conditions imposed and the duration
thereof; (d) set forth clearly changes, if any, in the terms of
compensation and the duration thereof; (de) be
neither capricious nor arbitrary in nature nor in any way contrary to the
Constitution and Canons of the General Convention or the Diocese;
(ef) be promptly served upon the Member of the Clergy;
and (fg) advise the Member of the Clergy of his or her
right to be heard in the matter as provided in this Canon. A copy of such
writing shall be promptly provided to the Church Attorney.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Salt Lake City, 2015 (New York: General Convention, 2015), p. 432. |
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Legislative History
| Author: | Standing Commission on Constitution and Canons |
|---|---|
| Originating House: | House of Bishops |
| Originating Committee: | Formation and Education for Ministry |
House of Bishops
The House of Bishops Committee on Formation and Education for Ministry presented its Report #8 on Resolution A133 (Amend Canon IV.7.4 Clarification of Compensation under Restriction) and moved to discharge and re-refer the resolution to the Committee on Constitution and Canons.
Motion carried
Resolution re-referred to a Legislative Committee
(Communicated to the House of Deputies in HB Message #9)
The House of Bishops Committee on Constitution and Canons presented its Report #4 on Resolution A133 (Amend Canon IV.7.4 Clarification of Compensation under Restriction) and moved adoption with amendment.
Original Text of Resolution:
(A133)
Resolved, the House of Deputies concurring, That Canon IV.7.4 be amended to read as follows:
Sec. 4. Any restriction on ministry imposed pursuant to
Canon IV.7.3(a) or placement on Administrative Leave pursuant to Canon
IV.7.3(b) must (a) be made in writing; (b) set forth clearly the reasons for
which it is issued; (c) set forth clearly the limitations and conditions
imposed and the duration thereof; (d) set forth clearly terms of
compensation, if any; (de) be neither capricious
nor arbitrary in nature nor in any way contrary to the Constitution and Canons
of the General Convention or the Diocese; (ef) be
promptly served upon the Member of the Clergy; and (fg)
advise the Member of the Clergy of his or her right to be heard in the matter
as provided in this Canon. A copy of such writing shall be promptly provided to
the Church Attorney.
Committee Amendment:
Resolved, the House of Deputies concurring, That Canon IV.7.4 be amended to read as follows:
Sec. 4. Any restriction on ministry imposed pursuant to
Canon IV.7.3(a) or placement on Administrative Leave pursuant to Canon
IV.7.3(b) must (a) be made in writing; (b) set forth clearly the reasons for
which it is issued; (c) set forth clearly the limitations and conditions
imposed and the duration thereof; (d) set forth clearly changes, if any,
in the terms of compensation, if any;
(de) be neither capricious nor arbitrary in nature nor
in any way contrary to the Constitution and Canons of the General Convention or
the Diocese; (ef) be promptly served upon the Member of
the Clergy; and (fg) advise the Member of the Clergy of
his or her right to be heard in the matter as provided in this Canon. A copy of
such writing shall be promptly provided to the Church Attorney.
Motion carried
Resolution adopted with amendment
(Communicated to the House of Deputies in HB Message #45)
House of Deputies
The House of Deputies Committee on Constitution and Canons presented its Report #11 on HB Message #45 on Resolution A133 (Amend Canon IV.7.4 Clarification of Compensation under Restriction) and moved concurrence.
Deputy Ross of Delaware moved to amend the resolution.
Proposed Amendment:
Amend the resolution to read:
Resolved, the House of Deputies concurring, That Canon IV.7.4 be amended to read as follows:
Sec. 4. Any restriction on ministry imposed pursuant to Canon IV.7.3(a) or
placement on Administrative Leave pursuant to Canon IV.7.3(b) must (a) be made
in writing; (b) set forth clearly the reasons for which it is issued; (c) set
forth clearly the limitations and conditions imposed and the duration thereof;
(d)<set forth clearly changes, if any, in the terms
of compensation, if any;><require that the
terms of compensation not be changed during the pendency of a Title IV
matter.> (de) be neither capricious nor
arbitrary in nature nor in any way contrary to the Constitution and Canons of
the General Convention or the Diocese; (ef) be promptly
served upon the Member of the Clergy; and (fg) advise
the Member of the Clergy of his or her right to be heard in the matter as
provided in this Canon. A copy of such writing shall be promptly provided to
the Church Attorney.
Deputy Garner of Alabama moved to end debate on the amendment.
Motion carried
Debate terminated
A vote was taken on the amendment.
Motion defeated
Amendment defeated
Deputy Sconiers of Western New York moved to amend the resolution.
Proposed Amendment:
Amend the resolution to read:
Resolved, the House of Deputies concurring, That Canon IV.7.4 be amended to read as follows:
Sec. 4. Any restriction on ministry imposed pursuant to Canon IV.7.3(a) or
placement on Administrative Leave pursuant to Canon IV.7.3(b) must (a) be made
in writing; (b) set forth clearly the reasons for which it is issued; (c) set
forth clearly the limitations and conditions imposed and the duration thereof;
(d) set forth clearly changes, if any, in the terms of compensation
, if any <and the duration
thereof.>; (de) be neither capricious
nor arbitrary in nature nor in any way contrary to the Constitution and Canons
of the General Convention or the Diocese; (ef) be
promptly served upon the Member of the Clergy; and (fg)
advise the Member of the Clergy of his or her right to be heard in the matter
as provided in this Canon. A copy of such writing shall be promptly provided to
the Church Attorney.
Motion carried
Amendment adopted
Point of Order
Deputy Salazar of Venezuela rose to thank the President for postponing consideration of Resolutions A004, A006, and D013, but pointed out that Resolution A133 and the resolutions following in the legislative calendar did not have Spanish translations either.
The President announced that the work of the House had progressed faster than that of the translators and declared that the House would recess for the evening and continue business in the morning. The President then announced that those deputies in the queue for the debate on Resolution A133 would keep their places.
[Ed. note: Debate resumed on Resolution A133 on the afternoon of the Seventh Legislative Day.]
Continuation of Debate on A133
A vote was taken on the resolution.
Motion carried
Resolution adopted with amendment
(Communicated to the House of Bishops in HD Message #185)
House of Bishops
The House of Bishops Committee on Constitution and Canons presented its Report #32 on HD Message #185 on Resolution A133 (Amend Canon IV.7.4 Clarification of Compensation under Restriction) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Deputies in HB Message #285)
Resolution Concurred by Both Houses, July 3.
| Report Reference: | Standing Commission on Constitution and Canons, Reports to the 78th General Convention, 2015, pp. 313-367. |
|---|---|
| Abstract: | The 78th General Convention amends Canon IV.7.4 by adding paragraph (d) requiring the statement of terms of compensation during an Administrative Leave. |