The Acts of Convention

House of Bishops

Original Text of Resolution:

(A116)

Resolved, the House of Deputies concurring, That Title III, Canon 22 be amended as follows:

Of the Dissolution of the Pastoral Relation

Sec. 1. Except as provided in III.21, Sec. 10, a Rector may not resign his Parish without the consent of said Parish, or its Trustees, whichever may be authorized to act in the premises, nor may any Reactor canonically or lawfully elected and in charge of any Parish be removed therefrom by said Parish, Vestry, or Trustees, against his will, except as hereinafter provided.

Sec. 2. If for any urgent reason a Rector or Minister as aforesaid, or the body authorized to elect a Rector in the Parish committed to his charge, shall desire a separation and dissolution of the pastoral relationship, and the parties be not agreed respecting separation and dissolution, notice in writing may be given by either party to the Ecclesiastical Authority of the Diocese. The Bishop, in case the difference be not settled by his godly judgement, shall ask the advice and consent of the Standing Committee of the Diocese, and proceeding with its aid and counsel, shall be the ultimate arbiter and judge. If the Diocese be vacant, the Ecclesiastical Authority shall select a Bishop of an adjacent Diocese to act as Bishop, and with like force and effect. The judgment shall be either that the pastoral relation between the parties shall cease and determine at a time and upon terms therein specified, or that the said relation shall not be terminated, and such judgment shall be binding upon both parties. In the event of the failure or refusal of either party to comply with the terms of such judgment, the Bishop may inflict such penalties as may be provided by the Constitution and Canons of the Diocese, and in default of any provisions for such penalties therein, the Bishop may (1) in the case of a Rector, or Minister, suspend such Rector or Minister from the exercise of his priestly office until he shall comply with said judgment, (2) in the case of a Vestry or Trustees, recommend to Diocesan Convention that the union of the Parish or Mission with the Convention shall cease until they have complied with his judgment.

Sec. 3. In the case of the regular and canonical dissolution of the connection between a Rector or Minister and his Parish, under this Canon, the Ecclesiastical Authority shall direct the Secretary of the Convention to record the same. As chief pastor of the Diocese, the Bishop shall thereupon initiate a procedure to ascertain the current situation in said Parish and the role therein of the Rector, the Vestry, and the Congregation, which report shall be completed and reported in writing to the Bishop within ninety days. Upon receipt of the report, the Bishop or his Deputy shall mediate to assist in resolving the dispute. It shall be the duty of all concerned to labor for the amicable resolution of differences.

Sec. 4. In the event that any person is accused of any canonical or moral offense, he shall be entitled to representation, a written bill of particulars, and the name of accusers, and all rights set out in Title IV of these Canons.

Sec 5. If either party shall continue to desire dissolution of the pastoral relation, after completion of the pastoral process described in Section 3, the Bishop shall proceed as follows:

(a). Within thirty days after such notice, the Bishop shall render a godly judgment, with the advice and consent of the Standing Committee, after a hearing if so requested by the Rector. The Bishop shall be the ultimate arbiter and judge.

(b). If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definition of responsibility and accountability for Rector, Vestry and Congregation.

(c). If the relation is to be dissolved:

(1). The Bishop shall set forth in writing the reasons for the dissolution.

(2). A copy of this judgment shall be sent to the Secretary of the Diocesan Convention to be recorded. It shall be held in confidence, except that at the request of the Rector it shall be accessible to public inspection.

(3). The Bishop shall require such compensation or indemnity as shall seem just and compassionate, and shall undertake to offer, as may be suitable, such supportive services as career counseling and vocational retraining.

Sec. 6. In the event of the failure or refusal of either party to comply with the terms of such judgment, the Bishop may inflict such penalties as may be provided by the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:

(a). In the case of a Rector, suspend such Rector from the exercise of the priestly office until the suspended priest shall comply with said judgment.

(b). In the case of a Vestry or Trustees, recommend to Diocesan Convention that the union of the Parish with Convention shall cease until they have complied with the Bishop's judgment.

Sec. 7. If there be no Ordinary, the Ecclesiastical Authority shall select a Bishop of an adjacent Diocese to act as the Bishop and with like force and effect.

Sec. 8. For urgent cause, the Bishop may extend the time periods specified in this Canon, provided that all be done to expedite these proceedings. All parties shall be notified in writing of the exact length of any time extension that may be provided.

Sec. 4. 9. This Canon shall not apply in any Diocese which has made, or shall hereafter make, provision by Canon upon this subject, nor in contravention of any right of any Rector, Minister, Parish, Congregation, or Vestry under the law of the Civil Authority.

The Committee reported that the Committee makes no recommendation on A116.

The Bishop of Olympia moved the adoption of A116.

Seconded by Bishop Harte.

The Bishop of Nevada moved an amendment.

Proposed Amendment:

In Section 5(a)

add the words "or Vestry" following the phrase "hearing if so requested by the Rector".

Seconded by Bishop Powell.

Motion carried

Amendment adopted

The Bishop of Rhode Island moved referral to the Commission on Ministry and the Standing Committee on Constitution and Canons, to be reported back at the next General Convention.

Seconded by Bishop Gooden.

Motion to refer defeated

Resolution adopted

(Communicated to the House of Deputies in HB Message #92)

House of Bishops

The following message was received from the House of Deputies:

HD Message #226: HD concurs with HB #92--A116 Amended (Amend Title III.22--Of Dissolution of Pastoral Relationship) with Amendment.

The House concurred

The Bishop of Texas moved reconsideration of A116 Amended (Amend Title III.32--Of Dissolution of Pastoral Relationship).

Seconded by Bishop Fraser.

Motion to reconsider carried

The House failed to concur

(Communicated to the House of Deputies in HB Message #273)

The Bishop of Massachusetts moved that the proposed revision of Canon III.22 (Of the Dissolution of the Pastoral Relation) be referred to the Commission on the Development of the Ministry for study during the next triennium, and that the House of Bishops study the matter at its interim meetings, and that the Commission on the Development of the Ministry make recommendations at the next meeting of the General Convention.

Seconded by Bishop Krumm.

Motion carried