The Acts of Convention

House of Bishops

The House of Bishops Committee on Ministry presented its Report #31 on Resolution D006 (Amend Canon III.9.12-21) and moved adoption with amendment.

Original Text of Resolution:

(D006)

Resolved, the House of Deputies concurring, That Canon III.9.12-21 is hereby amended to read as follows:

Sec. 12. Reconciliation of Disagreements Affecting the Pastoral Relation

When the pastoral relationship in a parish between a Rector and the Vestry or Congregation is imperiled by disagreement or dissension, and the issues are deemed serious by a majority vote of the Vestry or the Rector, either party may petition the Ecclesiastical Authority, in writing, to intervene and assist the parties in their efforts to resolve the disagreement. The written petition shall include sufficient information to inform the Ecclesiastical Authority and the parties involved of the nature, causes, and specifics of the disagreements or dissension imperiling the pastoral relationship. The Ecclesiastical Authority shall initiate such proceedings as are deemed appropriate under the circumstances for that purpose by the Ecclesiastical Authority, which may include the appointment of a qualified consultant or trained mediator. The parties to the disagreement, following the recommendations of the Ecclesiastical Authority, shall labor in good faith that the parties may be reconciled. Whenever the Standing Committee is the Ecclesiastical Authority, it shall request the Bishop of a neighboring Diocese to perform the duties of the Ecclesiastical Authority under this Canon.

Sec. 13. Dissolution of the Pastoral Relation

A) Except upon mandatory resignation by reason of age, a Rector may not resign as Rector of a parish without the consent of its Vestry, nor may any Rector canonically or lawfully elected and in charge of a Parish be removed there from by the Vestry against the Rector’s will, except as hereinafter provided.

Sec. 14. B) If for any urgent reason a Rector or Vestry desires a dissolution of the pastoral relation, and the parties cannot agree, either party may give notice in writing to the Ecclesiastical Authority of the Diocese with a copy available to the Rector or Vestry. Such notice shall include sufficient information to inform the Ecclesiastical Authority 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 under III.9.12, a separate report from the mediator or consultant will be submitted to the Ecclesiastical Authority with copies available to the Rector and Vestry. Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of the Bishop under this Canon.

Sec. 15. C) Within sixty days of receipt of the written notice the Bishop, as chief pastor of the Diocese, the Bishop Diocesan or the Bishop exercising authority under this canon shall may initiate further mediatemediation the differencesand reconciliation processes between Rector and Vestry in every informalway which the Bishop deems proper. andThe 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 Parish involved, to interview the Rector and Vestry and report to the Bishop on the cooperation and responsiveness of the parties involved in the processes required by the Bishop. A copy of this report shall be available to the Vestry and Rector.

Sec. 16. D) If the differences between the parties are not resolved after completion of themediation or other reconciliation efforts or actions prescribed by the Bishop, the Bishop shall proceed as follows:

(a)(1) The Bishop shall give written notice to the Rector and Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop. The Bishop’s written notification shall include sufficient information to inform the Standing Committee and the parties involved of the nature, causes, and specifics of the unresolved disagreements or dissension imperiling the pastoral relationship.

(b)(2) If a timely request is made, the President of the Standing Committee shall set a date for the conference, which shall be held within thirty days.

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

(d)(4) Within thirty days after the conference or after the Bishop’s notice if no conference is requested, the Bishop shall confer with and receive the recommendation of the Standing Committee; thereafter the Bishop, as final arbiter and judge, shall render a written godly judgment.

(e)(5) Upon the request of either party, the 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.

(f)(6) If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.

(g)(7) If the relation is to be dissolved:

(1)(a) The Bishop shall direct the Secretary of the Convention to record the dissolution.

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

Sec 17.(8) In either event, the Bishop shall offer appropriate supportive services to the Priest and the Parish.

Sec 18.E) In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as may be set forth in the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:

(a)(1) In the case of a Rector, suspend the Rector from the exercise of the priestly office until the Priest shall comply with the judgment.

(b)(2) In the case of a Vestry, invoke any available sanctions including recommending to the Convention of the Diocese that the Parish be placed under the supervision of the Bishop as a Mission until it has complied with the judgment.

Sec. 19. F) For 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 length of any extension.

Sec. 20. G)

(a)(1) Statements made during the course of proceedings under this Canon are not discoverable nor admissible in any proceedings under Title IV provided that this does not require the exclusion of evidence in any proceeding under the Canons which is otherwise discoverable and admissible.

(b)(2) In the course of proceedings under this Canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under Canon Title IV.1, all proceedings under this Canon with respect to such charge shall be suspended until the charge has been resolved or withdrawn.

Sec. 21. H) Sections 12 or 1320 of this Canon shall not apply in any Diocese which has made a provision on this subject in its Canons which is consistent with this Canon and provides proper procedural and due process safeguards as required by this Canon.

Note: All subsequent Canons in Title III would be renumbered.

Committee Amendment:

Resolved, the House of Deputies concurring, That Canon III.9.12-21 is hereby amended to read as follows:

Sec. 12. Reconciliation of Disagreements Affecting the Pastoral Relation

When the pastoral relationship in a parish between a Rector and the Vestry or Congregation is imperiled by disagreement or dissension, and the issues are deemed serious by a majority vote of the Vestry or the Rector, either party may petition the Ecclesiastical Authority, in writing, to intervene and assist the parties in their efforts to resolve the disagreement. The written petition shall include sufficient information to inform the Ecclesiastical Authority and the parties involved of the nature, causes, and specifics of the disagreements or dissension imperiling the pastoral relationship. The Ecclesiastical Authority shall initiate such proceedings as are deemed appropriate under the circumstances for that purpose by the Ecclesiastical Authority, which may include the appointment of a qualifiedconsultant or trained licensed mediator. The parties to the disagreement, following the recommendations of the Ecclesiastical Authority, shall labor in good faith that the parties may be reconciled. Whenever the Standing Committee is the Ecclesiastical Authority, it shall request the Bishop of a neighboring Diocese to perform the duties of the Ecclesiastical Authority under this Canon.

Sec. 13. Dissolution of the Pastoral Relation

A) Except upon mandatory resignation by reason of age, a Rector may not resign as Rector of a parish without the consent of its Vestry, nor may any Rector canonically or lawfully elected and in charge of a Parish be removed there from by the Vestry against the Rector’s will, except as hereinafter provided.

Sec. 14. B) If for any urgent reason a Rector or majority of Vestry 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 Ecclesiastical Authority of the Diocese with a copy available to the Rector or Vestry. Such notice shall include sufficient information to inform the Ecclesiastical Authority 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 under III.9.12, a separate report from the mediator or consultant will be submitted to the Ecclesiastical Authority with copies available to the Rector and Vestry. Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of the Bishop under this Canon.

Sec. 15. C) Within sixty days of receipt of the written notice the Bishop, as chief pastor of the Diocese, the Bishop Diocesan or the Bishop exercising authority under this canon shallmay initiate further mediatemediation the differencesand reconciliation processes between Rector and Vestry in every informalway which the Bishop deems proper. andThe 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 Parish involved, to interview the Rector and Vestry and report to the Bishop on the cooperation and responsiveness of the parties involved in the processes required by the Bishop. A copy of this report shall be available to the Vestry and Rector.

Sec. 16. D) If the differences between the parties are not resolved after completion of the mediation or other reconciliation efforts or actions prescribed by the Bishop, the Bishop shall proceed as follows:

(a)(1) The Bishop shall give written notice to the Rector and Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop. The Bishop’s written notification shallinclude sufficient information to inform the Standing Committee and the parties involved of the nature, causes, and specifics of the unresolved disagreements or dissension imperiling the pastoral relationship.

(b)(2) If a timely request is made, the President of the Standing Committee shall set a date for the conference, which shall be held within thirty days.

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

(d)(4) Within thirty days after the conference or after the Bishop’s notice if no conference is requested, the Bishop shall confer with and receive the recommendation of the Standing Committee; thereafter the Bishop, as final arbiter and judge, shall render a written godly judgment.

(e)(5) Upon the request of either party, the 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.

(f)(6) If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.

(g)(7) If the relation is to be dissolved:

(1)(a) The Bishop shall direct the Secretary of the Convention to record the dissolution.

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

Sec 17.(8) In either event, the Bishop shall offer appropriate supportive services to the Priest and the Parish.

Sec 18.E) In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as may be set forth in the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:

(a)(1) In the case of a Rector, suspend the Rector from the exercise of the priestly office until the Priest shall comply with the judgment.

(b)(2) In the case of a Vestry, invoke any available sanctions including recommending to the Convention of the Diocese that the Parish be placed under the supervision of the Bishop as a Mission until it has complied with the judgment.

Sec. 19. F) For 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 length of any extension.

Sec. 20. G)

(a)(1) Statements made during the course of proceedings under this Canon are not discoverable nor admissible in any proceedings under Title IV provided that this does not require the exclusion of evidence in any proceeding under the Canons which is otherwise discoverable and admissible.

(b)(2) In the course of proceedings under this Canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under CanonTitle IV.1, all proceedings under this Canon with respect to such charge shall be suspended until the charge has been resolved or withdrawn.

Sec. 21. H) Sections 12 or 13-20 of this Canon shall not apply in any Diocesewhich has made a provision on this subject in its Canons which is consistent with this Canon and provides proper procedural and due process safeguards as required by this Canon whose Canons are otherwise consistent with Canon III.9 .

Note: All subsequent Canons in Title III would be renumbered.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Deputies in HB Message #172)