The Acts of Convention

House of Deputies

The House of Deputies Committee on Governance and Structure presented its Report #49 on Resolution D011 (Eliminate Provinces) and moved adoption of a substitute.

Original Text of Resolution:

(D011)

Resolved, the House of Bishops concurring, That the 78th General Convention eliminate provincial structures in the Episcopal Church; and be it further,

Resolved, That the good work of the Province IX Sustainability Project be continued; and be it further

Resolved, That all dioceses outside the United States continue to receive churchwide budgetary resources and staff support as needed; and be it further

Resolved, That the Canon I.1.14(c), Canon 1.2.1(a), Canon 1.2.1(b), Canon 1.2.1(c), Canon 1.4.1(c), Canon 1.4.2(a), Canon 1.4.3(c), Canon 1.4.3(d), Canon 1.4.6(e), Canon 1.7.1, Canon1.9, Canon 1.11.2(f), Canon 1.11.3(c), Canon 1.15.10(a), Canon III.5.1(c), Canon III.11.1(b), Canon III.11.5, Canon III.11.8(a), Canon III.11.9(c)(2), Canon III.11.9(c)(3)(i), Canon IV.5.4,Canon IV.15.1(d), Canon IV.15.2, Canon IV.15.3, Canon IV.15.4, Canon IV.19.5(c)(1), Canon IV.19.19, Canon IV.19.23(b), Canon V.4.1(c), Canon V.4.1(d), House of Bishops Rule of Order XXVII, House of Deputies Rule of Order 9, House of Deputies Rule of Order 22(b), House of Deputies Rule of Order 62 b(ii), and Joint Rule of Order of the House of Bishops and House of Deputies II be amended as follows:

Canon I.1.14(c)

(c) From the sites approved by the General Convention, the Joint Committee, with the advice and consent of a majority vote of the following: The Presidents and the Vice-Presidents of both Houses of Convention, the Presidents of the Provinces and the Executive Council, shall determine the site for such General Convention and proceed to make all reasonable and necessary arrangements and commitments for that meeting of the General Convention. The site and date thus selected shall be deemed to have been appointed by the General Convention, as provided in the Constitution.

Canon 1.2.1(a)

At each General Convention the House of Deputies shall elect one Clerical and one Lay Deputy from each Province as members of the Joint Nominating Committee for the Election of the Presiding Bishop. A Deputy from a particular Province may be nominated only by another Deputy from the same Province, but the election of each member of the Committee shall be by the entire membership of the House of Deputies, with a majority of those voting necessary for election. Prior to the election, the Clerical and Lay Deputies from each Province shall hold a caucus, at which two Clerical Deputies and two Lay Deputies as nominees shall be selected by the caucus, and these shall be the only nominees upon which the House of Deputies shall vote inelecting the members of the Joint Nominating Committee.At each General Convention the House of Deputies shall elect six Clerical and six Lay Deputies as members of the Joint Nominating Committee for the Election of the Presiding Bishop. The President of the House of Deputies, after consultation with representatives of youth, shall appoint two persons, age 16-21, as members of the Joint Nominating Committee for the Election of the Presiding Bishop.

Canon 1.2.1(b)

At each General Convention the House of Bishops shall elect one Bishop from each Province as a member of the Joint Nominating Committee for the Election of the Presiding Bishop. A Bishop from a particular Province may be nominated only by another Bishop from the same Province, but the election of each member of the Committee shall be by the entire membership of the House of Bishops, with a majority of those voting necessary for election. Prior to the election, the Bishops from each Province shall hold a caucus, at which two Bishops as nominees shall be selected by the caucus, and these shall be the only nominees upon which the House of Bishops shall vote in electing the members of the Joint Nominating Committee.At each General Convention the House of Bishops shall elect six Bishops as members of the Joint Nominating Committee for the Election of the Presiding Bishop.

Canon 1.2.1(c)

In the event vacancies shall occur in the Joint Nominating Committee after the election of its members due to death, disability, resignation, or other cause within one year of the next General Convention, the vacancies shall not be filled and the remaining members shall constitute the Joint Nominating Committee. In the event such vacancies shall occur more than one year prior to the next General Convention, the Presiding Officer of the House of Bishops shall appoint Bishops and the President of the House of Deputies shall appoint Clerical and Lay Deputies , in all cases from the same Provinces as those Bishops or Deputies whose positions are being filled. An elected or appointed member who shall not be a Deputy to the next General Convention shall continue as a member of the Joint Nominating Committee until the adjournment of such next General Convention. A member of the Committee who transfers from one Province to another or a Lay Deputy who is ordained Presbyter or Deacon, or a Presbyter or Deacon who is consecrated a Bishop, shall not thereby become ineligible to continue to serve on the Joint Nominating Committee through the next succeeding General Convention.

Canon 1.4.1(c)

(c) The Executive Council shall be composed (a) of twentythirty members elected by the General Convention, of whom foursix shall be Bishops, foursix shall be Presbyters or Deacons, and twelveeighteen shall be Lay Persons who are confirmed adult communicants in good standing (twothree Bishops, twothree Presbyters or Deacons, and sixnine Lay Persons to be elected by each subsequent regular meeting of the General Convention); (b) of eighteen members elected by the Provincial Synods; (cb) of the following ex officiis members: the Presiding Bishop and the President of the House of Deputies; and (dc) the Chief Operating Officer, the Secretary, the Treasurer of the General Convention and the Chief Financial Officer, who shall have seat and voice but no vote. Each Province shall be entitled to be represented by one Bishop or Presbyter or Deacon canonically resident in a Diocese which is a constituent member of the Province and by one Lay Person who is a confirmed adult communicant in good standing of a Diocese which is a constituent member of the Province, and the terms of the representatives of each Province shall be so rotated that two persons shall not be simultaneously elected for equal terms.

Canon 1.4.2(a)

Sec. 2 (a) Of the members to be elected by the General Convention, t The Bishops shall be elected by the House of Bishops subject to confirmation by the House of Deputies, and the Presbyters or Deacons and Lay Persons shall be elected by the House of Deputies subject to confirmation by the House of Bishops.

Canon 1.4.2(c)

(c) Should any vacancy occur in the Council through the death or resignation of a member elected by the General Convention or through the change in status of any such member by consecration or ordination, the Council shall fill such vacancy by the election of a suitable person to serve until a successor is elected by the General Convention. The General Convention shall elect a suitable person to serve the portion of any term which will remain unexpired.

Canon 1.4.2(d)

(d) Should any vacancy occur in the Council through the failure of any Provincial Synod to elect a member, or through the death, resignation, or removal from the Province of any such member, the President and Provincial Council of the Province shall appoint a suitable person, canonically resident in such Province, to serve until the Provincial Synod shall by election fill the vacancy.

Canon 1.4.6(e)

(e) After the preparation of the budget the Executive Council shall, at least four months before the sessions of the General Convention, transmit to the Bishop of each Diocese and to the President of each Province a statement of the existing and the proposed askings necessary to support the Budget for the Episcopal Church. The Executive Council shall also submit to the General Convention, with the budget, a plan for the askings of the respective Dioceses of the sum needed to execute the budget.

Canon 1.7.1(a)

Sec. 1. In every Province, Diocese, Parish, Mission and Institution connected with this Church, the following standard business methods shall be observed:

(a) All accounts of Provinces shall be audited annually by an independent certified public accountant, or independent licensed accountant, or such audit committee as shall be authorized by the Provincial Council. The Audit Report shall be filed with the Provincial Council not later than September 1 of each year, covering the preceding calendar year.

Canon 1.9

CANON 9: Of Provinces [Ed Note: Delete the entire Canon sections 1-12.]

Canon 1.11.2(f)

(f) An Area Mission which shall have been undertaken under the sole auspices of this Church, with a Bishop of this Church assigned to give episcopal oversight, shall be entitled to representation in the Provincial House of Bishops and the Provincial House of Deputies in the Province of which it is a part.

Canon 1.11.3(c)

(c) In every Missionary Diocese there shall be an annual Convention, composed of the Bishop or Bishops, the other Clergy of the Diocese, and Lay Delegates from the organized Congregations. Such Convention shall elect a Standing Committee, in accordance with the diocesan Canons, which shall have the powers and duties set forth for Standing Committees in Canon I.12 and in other Canons of the General Convention. It shall also elect Clerical and Lay Deputies and alternate Deputies to the General Convention, in accordance with its diocesan Canons, and the provisions of Article I.4 of the Constitution. If the Missionary Diocese is a member of a Province of this Church, it shall also provide for Clerical and Lay Deputies and alternate Deputies to the Synod, in accordance with the diocesan Canons and the provisions of the Ordinances of the Province.

Canon 1.15.10(a)

(a) With the permission of the Presiding Bishop, the Bishop in Charge and the Council of Advice may (i) engage a Diocese of this Church to provide the needed Disciplinary Structures to fulfill the requirements of the Canons of this Church, or (ii) establish among the Congregations of the Convocation the needed Disciplinary Structures to fulfill the requirements of the Canons of this Church. In either case, the Provincial Court of Review shall either be that of the Diocese providing the needed Disciplinary Structures or that of the Province of the Convocation; and, for the purposes of implementing the provisions for Ecclesiastical Discipline (Title IV) of a member of the Clergy, the Bishop in Charge shall serve the function reserved for the Bishop Diocesan, except that the Presiding Bishop must approve any Accord, any Agreement for Discipline and the terms of any Order, and pronounce the Sentence.

Canon III.5.1(c)

(c) In case of a vacancy in the episcopate in a Diocese, the Ecclesiastical Authority may authorize and request the President of the House of Bishops of the ProvinceBishop of another diocese to take order for an ordination.

Canon III.11.1(b)

(b) In lieu of electing a Bishop, the Convention of a Diocese may request that an election be made on its behalf by the House of Bishops of the Province of which the Diocese is a part, subject to confirmation by the Provincial Synod, or it may request that an election be made on its behalf by the House of Bishops of the Episcopal Church.

Canon III.11.5

Sec. 5. Upon receipt of the consents and assurance of the acceptance of the election by the Bishop-elect, the Presiding Bishop shall take order for the ordination of the Bishop-elect either by the Presiding Bishop or the President of the House of Bishops of the Province of which the Diocese for which the Bishop was elected is part, and two other Bishops of this Church, or by any three Bishops to whom the Presiding Bishop may communicate the testimonials.

Canon III.11.8(a)

(a) Within ten days after the election of a Bishop Diocesan, a Bishop Coadjutor, or a Bishop Suffragan by a Diocesan Convention, delegates constituting no less than ten percent of the number of delegates casting votes on the final ballot may file with the Secretary of the Convention written objections to the election process, setting forth in detail all alleged irregularities. Within ten days after receipt thereof, the Secretary of the Convention shall forward copies of the same to the Bishop Diocesan, the Chancellor and Standing Committee of the Diocese, and to the Presiding Bishop, who shall request the Court of Review of the Province in which the Diocese is located to investigate the complaint. The Court of Review may invite response by the Bishop Diocesan, the Chancellor, the Standing Committee and any other persons within the Diocese for which the Bishop was elected. Within thirty days after receipt of the request, the Court of Review shall send a written report of its findings to the Presiding Bishop, a copy of which report the Presiding Bishop, within fifteen days, shall cause to be sent to the Bishop Diocesan, the Chancellor, the Standing Committee and the Secretary of the Convention of the electing Diocese. The Secretary shall send a copy of the report to each of the delegates who filed objection to the election process.

Canon III.11.9(c)

Missionary Bishops

(1) The election of a person to be a Bishop in a Missionary Diocese shall be held in accordance with the procedures set forth in the Constitution and Canons of this Church.

(2) The Convention of a Missionary Diocese may, in lieu of electing a Bishop, request that such election be made on its behalf by the Synod of the Province, or the House of Bishops of the Province subject to confirmation of the Provincial Council, or the Regional Council of Churches in communion with this Church of which the Diocese is a member. A Certificate of the Election, signed by the presiding officer and the Secretary of the Synod or Provincial House of Bishops, or Regional Council, and a testimonial in the form required in Canon III.11signed by a constitutional majority of the Synod, Provincial House of Bishops or Regional Council, shall be transmitted by its presiding officer to the Standing Committee of the Missionary Diocese on whose behalf such election was made. The Standing Committee shall thereupon proceed as set forth in Canon III.11, the above Certification of Election and Testimonial serving in lieu of evidence of election and testimonial therein required.

(3 2) The Convention of a Missionary Diocese may, in lieu of electing a Bishop, request that such election may be made on its behalf by the House of Bishops. Such choice shall be subject to confirmation by a majority of the Standing Committees of the several Dioceses. The medical certificate as required in Canon III.11 shall also be required of Missionary Bishops-elect.

(i) When the House of Bishops is to elect a Bishop for a Missionary Diocese within a given Province, the President of the Province may convene the Synod of the Province prior to the meeting of the House of Bishops at which a Bishop for such Missionary Diocese is to be elected. The Synod of the Province may thereupon nominate not exceeding three persons to the House of Bishops for that office. It shall be the duty of the President of the Province to transmit such nominations, if any be made, to the Presiding Officer of the House of Bishops, communicate the same to the Bishops, along with other nominations that have been made, in accordance with the Rules of Order of the House. Each Province containing a Missionary Diocese shall, by Ordinance, provide the manner of convening the Synod and making such nomination.

Canon IV

All references in Title IV to "Provincial Court of Review" shall be amended to read "Court of Review".

Canon IV.5.4 [Ed Note: Delete existing Section 4 and replace it with new text in italics.]

Sec. 4. There shall be a Court of Review for the church with jurisdiction to receive and determine appeals from Hearing Panels of Dioceses as provided in Canon IV.15 and to determine venue issues as provided in Canon IV.19.5.

(a) The Court of Review shall consist of: (i) one Bishop; two Priests or one Priest and one Deacon; and two lay persons; and (ii) two Bishops, four Priests or Deacons of whom at least three shall be priests, and four lay persons to serve as alternates as hereinafter provided. Each Priest or Deacon, whether a member or alternate, shall be canonically resident in a Diocese different from any other Priest or Deacon, and each lay person, whether a member or alternate, shall reside in a Diocese different from any other lay person. The Priests, Deacons and lay persons shall be members of the Disciplinary Boards of their respective Dioceses.

(b) The members and alternates of the Court of Review shall be appointed annually by the Presiding Bishop and the President of the House of Deputies. The Court of Review shall select a president from among its members.

(c) The persons appointed to the Court of Review shall continue to serve until their respective successors have been appointed, except in case of death, resignation or declination to serve.

(d) No member of the Court of Review may serve in any matter originating from the Diocese in which such member serves on the Disciplinary Board. In such event, the alternate shall serve.

(e) In the event that any member of the Court of Review is excused pursuant to the provisions of Canon IV.5.3(c), or, upon objection made by either party to the appeal is deemed by the other members of the Court of Review to be disqualified, such member's alternate shall serve.

(f) In the event of any Court of Review member's death, resignation or declination to serve, or disability rendering the member unable to act or is ineligible to serve under Canons IV.5.4(d) or (e), and in the further event that there is no alternate available to serve, the president of the Court of Review shall declare a vacancy on the Court of Review. Notices of resignation or declination to serve shall be communicated in writing to the president of the Court of Review.

(g) Vacancies on the Court of Review shall be filled by appointment by the Presiding Bishop and the President of the House of Deputies from persons qualified as provided in Canon IV.5.4(a).

(h) The Court of Review shall appoint a clerk who may be a member of the Court, who shall be custodian of all records and files of the Court of Review and who shall provide administrative services as needed for the functioning of the Court.

(i) The rules of procedure for appeals to the Court of Review are as provided in Canon IV.15, but the Court of Review may adopt, alter or rescind supplemental rules of procedure not inconsistent with the Constitution and Canons of the Church.

Canon IV.15.1

Sec. 1. In the event that proceedings before the Hearing Panel are unreasonably delayed or suspended, and are not resumed within sixty days following a written request for resumption of proceedings from the Church Attorney or the Respondent, the Church Attorney or the Respondent may file a written request with the Provincial Court of Review for an order directing the Hearing Panel to resume the proceedings. The Court of Review shall consider the request as follows:

(a) The person filing the request shall provide copies of the request to the presidents of the Hearing Panel and of the Disciplinary Board. The request shall include a statement of the status of the proceedings and the reason, if known, for the delay or suspension of proceedings, and a description of all actions taken by the person filing the request or by any other person to resolve any impediment to the proceedings or other cause for the delay.

(b) Within fifteen days of receipt of the copy of the request, the president of the Hearing Panel shall file a response to the request with the Provincial Court of Review, with a copy to the Church Attorney, the Respondent and the president of the Board.

(c) The Provincial Court of Review shall convene, either personally or telephonicallyby online or telephone conference, to consider the request and the response, if any, from the Hearing Panel. The Court shall then either issue an order directing resumption of the proceedings or an order declining to direct resumption with an explanation of the reasons therefor. The order issued by the Provincial Court of Review shall be binding upon the Hearing Panel.

(d) In the event a Hearing Panel, having been ordered to resume proceedings, either refuses to do so or is unable to do so, the Church Attorney or the Respondent may request that the Provincial Court of Review order the transfer of the proceedings to a Hearing Panel of another Diocese within the same Province, including an order to the Board of the originating Diocese to transmit the complete record of the proceedings to the successor Hearing Panel.

Canon IV.15.2

Sec. 2. Within forty days after issuance of an Order by a Hearing Panel, the Respondent or the Church Attorney may appeal to the Provincial Court of Review, by serving written notice of the appeal upon the Bishop Diocesan, with copiescopy of the notice to the presidents of the Hearing Panel and the Province. The notice of appeal shall be signed by the Respondent's counsel or the Church Attorney and shall include a copy of the Order from which the appeal is taken and shall state the grounds of the appeal.

Canon IV.15.3

Sec. 3. Any Order from a Hearing Panel finding that a Respondent did not commit an Offense involving a question of the Doctrine, Faith or Worship of the Church may be appealed by the Bishop Diocesan upon the written request of at least two Bishops Diocesan of other Dioceses within the Province who are not members of the Provincial Court of Review. Such an appeal shall be taken on the question of the Church's Doctrine, Faith and Worship only, and may not seek to reverse the finding of the Hearing Panel of noncommission of other Offenses. An appeal under this section may be taken by service of a notice of appeal by the Bishop Diocesan upon the Respondent, the Church Attorney and the presidents of the Hearing Panel and the Province within forty days after the Order of the Hearing Panel is received by the Bishop Diocesan.

Canon IV.15.4

Sec. 4. If an appeal is taken from a Hearing Panel of a Diocese which is non-provincial, the appeal shall be taken before the Provincial Court of Review geographically closest to that Diocese.

Canon IV.19.5(c)

If objection is made by the Bishop Diocesan of the Diocese of canonical residence as provided in Canon IV.19.5(b), the Bishop Diocesan of the Diocese of canonical residence and the Bishop Diocesan of the Intake Officer's Diocese shall promptly agree as to which Diocese will assume jurisdiction over the matter and conduct proceedings. If the two Bishops cannot promptly agree, the disagreement will be Resolved as follows:

(1) If they are in the same Province, either may promptly request the president of the Provincial Court of Review to decide which Diocese shall conduct the proceedings. If they are in different Provinces, e Either may promptly request the president of the Disciplinary Board for Bishops to decide which Diocese shall conduct the proceedings.

(2) The requesting Bishop shall provide a copy of the request to the other Bishop. A reply to the request may be made by the non-requesting Bishop within fifteen days of service of the request.

(3) The president shall have the discretion to hear from the Bishops Diocesan or the Church Attorneys for the respective Dioceses, either personally or telephonicallyby online or telephone conference, concerning the request and any reply. The president shall have the discretion to request additional submissions from the Bishops Diocesan or the Church Attorneys.

(4) The president shall decide which Diocese shall conduct the proceedings within thirty days of service of the request.

Canon IV.19.19

Sec. 19. No Chancellor or Vice Chancellor of a Diocese shall serve as Church Attorney in that Diocese. No Chancellor or Vice Chancellor of any Province shall serve as Church Attorney in any Diocese of that Province or any provincial proceeding. Neither the Presiding Bishop's Chancellor nor the Chancellor to the President of the House of Deputies shall serve as Church Attorney in any proceeding. The Church Attorney in any proceeding shall not be from the same law firm as any Chancellor or Vice Chancellor otherwise disqualified under this section.

Canon IV.19.23(b)

(b) The necessary costs and expenses of the Provincial Court of Review shall be the expense of the ProvinceGeneral Convention.

Canon V.4.1(c-d)

(c) The term of any Member of the Clergy specified to be filled by virtue of a provincial or diocesan canonical residence shall become vacant upon the change of canonical residence to another diocese or to a diocese in a different province, as the case may be.

(d) The term of any Lay Person specified to be filled by virtue of a provincial or diocesan residence shall become vacant upon the change of residence to another diocese or to a diocese in a different province, as the case may be.

House of Bishops Rule of Order XXVII

There shall be an Advisory Committee, composed of Bishops who are the Presidents or Vice-Presidents of each Province, which will act as advisory council to the Presiding Bishop between meetings of the House of Bishops. The Committee shall elect its own officers.The Presiding Bishop shall be authorized to appoint an Advisory Council for consultation and advice in the performance of the duties of the office. The Committee shall elect its own officers.

House of Deputies Rule of Order IV 9

The size of all Committees, unless otherwise noted, shall be at the discretion of the President; Provided, that, when the number of members equals or exceeds the number of Provinces, there shall normally be at least one member from each Province. The President shall be a member, ex officio, of all Committees. The Presiding Officers are encouraged to continue to appoint persons from International Dioceses to the committees and commissions of this church.

House of Deputies Rule of Order 22(b) [Ed Note: Delete paragraph 22(b)(3) and renumber.]

House of Deputies Rule of Order 62 b(ii)

(ii) up to18 24 (not more than two youth from each Province) who are duly authorized representatives known as The Official Youth Presence shall have seat and voice in a designated section on the floor of the House.

Joint Rules of Order of the House of Bishops and House of Deputies

10. (a) There shall be a Joint Standing Committee on Program, Budget, and Finance, consisting of 27 persons being members of the General Convention (onenine Bishops, and twoeighteen members of the House of Deputies, either Lay or Clerical, from each Province), who shall be appointed not later than the fifteenth day of December following each regular Meeting of the General Convention, the Bishops to be appointed by the Presiding Bishop, the Deputies by the President of the House of Deputies.

Committee Substitute:

Resolved, the House of Bishops concurring, That a Task Force consisting of three bishops, three clergy persons, and six lay persons representing the geographic diversity of the Church, including persons who have been involved in the creation of churchwide networks through social media and other electronic communications, be appointed by the presiding officers to study the potential effects of eliminating provincial structures in The Episcopal Church; and be it further

Resolved, That the Task Force study issues and potential effects of eliminating Provinces, including consideration of what structures might replace Provinces to facilitate or create networks to support mission and ministry; how such networks might be formed, function, funded, connected to other networks, and be constituted; how geographic diversity in elections, appointments, and other churchwide roles might be accomplished; and what effect the elimination of Provinces would have on overall costs; and be it further

Resolved, That the Task Force shall collaborate with the Standing Commission on Constitution and Canons in order to create recommendations to the 79th General Convention.

Motion carried

Substitute resolution adopted

(Communicated to the House of Bishops in HD Message #263)