The Acts of Convention

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #29 on Resolution A119 (Amend Canon IV.15) and moved adoption with amendment.

Original Text of Resolution:

(A119)

Resolved, the House of Bishops concurring, That Canon IV.15 is hereby amended by adding new Sections 13 and 14 to read as follows and renumbering all subsequent Sections:

Sec. 13. The Provincial Court of Review shall make documents available to members of the Church and the Church media as set forth in this Section. The documents shall be disseminated in such a way as to make them broadly known to members of the Church and the Church media. For a matter in which a Priest or Deacon is the Respondent, dissemination shall include, at a minimum, posting the documents on the diocesan website of the diocese that conducted the Hearing Panel proceeding. For a matter in which a Bishop is the Respondent, dissemination shall include, at a minimum, posting the documents on the websites of The Episcopal Church and of the General Convention.

(a) The documents covered by this Section are all documents filed with or issued by the Provincial Court of Review or by any party or person including but not limited to motions, briefs, affidavits, opinions, objections, decisions, notices, challenges, and Orders, including documents in a proceeding pursuant to Section 1 of this Canon.

(b) The notice under Sec. 2 shall be made available no later than ten (10) business days after the notice is received by the President of the Hearing Panel.

(c) All other documents shall be made available no later than two (2) business days after the document is filed by a party or other person with the Provincial Court of Review or issued by the Provincial Court of Review.

(d) Notwithstanding the above, the Provincial Court of Review, at its discretion and for good cause to protect any Injured Person or allegedly Injured Person, may require the redaction of documents provided for in Sec. 13(a), after consultation with the Church Attorney, the Respondent’s counsel, the Complainant’s Advisor or Complainant’s counsel, if any, and, where appropriate, the Bishop Diocesan.

Sec. 14. If at any time after a matter has been appealed to a Provincial Court of Review or is before a Provincial Court of Review pursuant to Sec. 1, an Accord is reached that ends the proceedings before the Provincial Court of Review issues an Order or issues its decision, the Bishop Diocesan shall make the Notice of Accord available to the Church and Church media as provided in Sec. 13 as well as to the Provincial Court of Review and the Hearing Panel from which the appeal was taken or about whom a request was filed pursuant to Sec. 1.

Committee Amendment:

Resolved, the House of Bishops concurring, That Canon IV.15 is hereby amended by adding new Sections 13 and 14 to read as follows and renumbering all subsequent Sections:

Sec. 13. As soon as possible, Tthe Provincial Court of Review shall make documents available to members of the Church and the Church media as set forth in this Section. The documents shall be disseminated in such a way as to make them broadly known to members of the Church and the Church media. For a matter in which a Priest or Deacon is the Respondent, dissemination shall include, at a minimum, posting the documents on the diocesan website of the diocese that conducted the Hearing Panel proceeding. For a matter in which a Bishop is the Respondent, dissemination shall include, at a minimum, posting the documents on the websites of The Episcopal Church and of the General Convention.

(a) The documents covered by this Section are all documents filed with or issued by the Provincial Court of Review or by any party or person including but not limited to motions, briefs, affidavits, opinions, objections, decisions, notices, challenges, and Orders, including documents in a proceeding pursuant to Section 1 of this Canon.

(b) The notice under Sec. 2 shall be made available no later than ten (10) business days after the notice is received by the President of the Hearing Panel.

(c) All other documents shall be made available no later than two (2) business days after the document is filed by a party or other person with the Provincial Court of Review or issued by the Provincial Court of Review.

(d) Notwithstanding the above, the Provincial Court of Review, at its discretion and for good cause to protect any Injured Person or allegedly Injured Person, may require the redaction of documents provided for in Sec. 13(a), after consultation with the Church Attorney, the Respondent’s counsel, the Respondent's Advisor the Complainant’s Advisor or Complainant’s counsel, if any, and, where appropriate, the Bishop Diocesan.

Sec. 14. If at any time after a matter has been appealed to a Provincial Court of Review or is before a Provincial Court of Review pursuant to Sec. 1, an Accord is reached that ends the proceedings before the Provincial Court of Review issues an Order or issues its decision, the Bishop Diocesan shall make the Notice of Accord available to the Church and Church media as provided in Sec. 13 as well as to the Provincial Court of Review and the Hearing Panel from which the appeal was taken or about whom a request was filed pursuant to Sec. 1.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #253)