Resolution Number: 2015-A137
Title: Amend Canon IV.14.5 [Of Accords and Orders]
Legislative Action Taken: Concurred as Amended
Final Text:

Resolved,That Canon IV.14.5 be amended to read as follows:

Sec. 5. The Bishop Diocesan shall have thirtytwenty days from the date on which the Accord is sent to the Bishop Diocesanentered in which to advise in writing the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor, the Church Attorney and the Conciliator or the president of the Conference Panel or Hearing Panel whether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Accord as recommended. The Bishop Diocesan shall advise that he or she will (a) pronounce the Sentence as recommended or (b) pronounce a lesser Sentence than that recommended and/or (c) reduce the burden on the Respondent of any of the other terms of the Accord. The Bishop Diocesan shall pronounce Sentence not sooner than fortytwenty days following the date on which the Accord is sent to the Bishop Diocesanentered and not later than sixtyforty days following such date. The Bishop Diocesan’s pronouncement of a lesser Sentence than that recommended or other modification shall not affect the validity or enforceability of the remainder of the Accord. In the case of an Accord under Canon IV.9, the Bishop Diocesan shall pronounce Sentence not sooner than the day after the date the Accord becamebecomes effective and irrevocable.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Salt Lake City, 2015 (New York: General Convention, 2015), p. 712.

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 #11 on Resolution A137 (Amend Canon IV.14.5 Modification of Times) 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 #12)

The House of Bishops Committee on Constitution and Canons presented its Report #9 on Resolution A137 (Amend Canon IV.14.5 Modification of Times) and moved adoption with amendment.

Original Text of Resolution:

(A137)

Resolved, the House of Deputies concurring, That Canon IV.14.5 be amended to read as follows:

Sec.5. The Bishop Diocesan shall have thirtytwenty days from the date on which the Accord is sent to the Bishop Diocesanissued in which to advise in writing the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor, the Church Attorney and the Conciliator or the president of the Conference Panel or Hearing Panel whether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Accord as recommended. The Bishop Diocesan shall advise that he or she will (a) pronounce the Sentence as recommended or (b) pronounce a lesser Sentence than that recommended and/or (c) reduce the burden on the Respondent of any of the other terms of the Accord. The Bishop Diocesan shall pronounce Sentence not sooner than fortytwenty days following the date on which the Accord is sent to the Bishop Diocesanissued and not later than sixtyforty days following such date. The Bishop Diocesan’s pronouncement of a lesser Sentence than that recommended or other modification shall not affect the validity or enforceability of the remainder of the Accord. In the case of an Accord under Canon IV.9, the Bishop Diocesan shall pronounce Sentence not sooner than the day after the date the Accord became effective and irrevocable.

Committee Amendment:

Resolved, the House of Deputies concurring, That Canon IV.14.5 be amended to read as follows:

Sec.5. The Bishop Diocesan shall have thirtytwenty days from the date on which the Accord is sent to the Bishop Diocesanissuedentered in which to advise in writing the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor, the Church Attorney and the Conciliator or the president of the Conference Panel or Hearing Panel whether the Bishop Diocesan will pronounce the Sentence or accept the other terms of the Accord as recommended. The Bishop Diocesan shall advise that he or she will (a) pronounce the Sentence as recommended or (b) pronounce a lesser Sentence than that recommended and/or (c) reduce the burden on the Respondent of any of the other terms of the Accord. The Bishop Diocesan shall pronounce Sentence not sooner than fortytwenty days following the date on which the Accord is sent to the Bishop Diocesanissuedentered and not later than sixtyforty days following such date. The Bishop Diocesan’s pronouncement of a lesser Sentence than that recommended or other modification shall not affect the validity or enforceability of the remainder of the Accord. In the case of an Accord under Canon IV.9, the Bishop Diocesan shall pronounce Sentence not sooner than the day after the date the Accord becamebecomes effective and irrevocable.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Deputies in HB Message #59)

House of Deputies

The House of Deputies Committee on Constitution and Canons presented its Report #3 on HB Message #59 on Resolution A137 (Amend Canon IV.14.5 Modification of Times) and moved concurrence.

Motion carried

The House concurred

(Communicated to the House of Bishops in HD Message #125)

Resolution Concurred by Both Houses, June 30.

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.14.5 to shorten the notification period for the Bishop to pronounce a Sentence or the other terms of an Accord.