The Acts of Convention

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #23 on Resolution A120 (Amend IV.19.30 to Create Discipline Database, Amend III.12.7(c) and IV.13.11) and moved adoption with amendment.

Original Text of Resolution:

(A120)

Resolved, the House of Bishops concurring, That the 79th General Convention hereby amends Canon IV.19.30 to read as follows by the addition of the following subsection:

(d) The Archives of the Episcopal Church (the “Administrator”) shall create, administer and maintain a limited access secure central database registry to track data pertinent to proceedings under this Title (the “Database”) for the purpose of providing data and statistical information to assist in the furtherance of policymaking, education, ministry, and other governance objectives of the Church (collectively the “Database Purposes”).

(1) Database shall only include disciplinary matters under this Title that are referred to the Reference Panel pursuant to Canon IV.6.6 or IV.6.7.

(2) The Diocese, Disciplinary Board, Church Attorney and Respondent (or Respondent’s Advisor) as applicable shall complete and submit forms to the best of their knowledge, including questionnaires as proscribed and created by the Standing Commission on Structure Governance Constitution and Canons or its successor standing commission in consultation with the Administrator and Chief Legal Officer.

(3) The Database shall not contain: (i) the personal identifying information of the Respondents, Injured Persons, or witnesses; (ii) Privileged Communications; or (iii) other information that would be otherwise prohibited from disclosure under this Title or other applicable law.

(4) The Administrator shall make the Database accessible to the Standing Commission on Structure, Governance, Constitution and Canons, Chief Legal Officer, and Executive Council. The Administrator will also make the Database accessible to other Church governance bodies or other Church officials provided that such bodies and officials are seeking to use the Database in furtherance of the Database Purposes and have received the approval of the Executive Council and the Chief Legal Officer of the Church. From time to time the Executive Council or the Standing Commission on Structure, Governance, Constitution and Canons may publish statistical information and other reports derived in from the Database provided that such publication is consistent with this canon.

And be it further

Resolved, That Canon III.12.7(c) is hereby amended as follows:

(c) In the case of the release and removal of a Bishop from the ordained Ministry of the Church as provided in this Canon, a declaration of removal and release shall be pronounced by the Presiding Bishop in the presence of two or more Bishops, and shall be entered in the official records of the House of Bishops and of the Diocese in which the Bishop being removed and released is canonically resident. The Presiding Bishop shall give notice thereof in writing to the Secretary of the Convention and the Ecclesiastical Authority and the Standing Committee of the Diocese in which the Bishop was canonically resident, to all Bishops of this Church, the Ecclesiastical Authority of each Diocese of this Church, the Recorder, the Secretary of the House of Bishops, the Secretary of the General Convention, The Archives of the Episcopal Church, The Church Pension Fund, and the Board for Transition Ministry.

And be it further

Resolved, That Canon IV.13.11 be amended as follows:

Sec. 11. If the determination is to dismiss the matter, the Hearing Panel shall issue an Order which shall include the reasons for dismissal and which may contain findings exonerating the Respondent. A copy of the Order shall be provided to the Bishop Diocesan, the Respondent, the Respondent's Advisor, the Complainant, the Complainant's Advisor, and the Church Attorney, and a record copy of the Order shall be kept by transmitting a copy to The Archives of the Episcopal Church.

And be it further

Resolved, That the 79th General Convention request the Joint Standing Commission on Program, Budget, and Finance to consider a budget allocation of $25,000 to provide for the creation of the database.

Committee Amendment:

Resolved, the House of Bishops concurring, That the 79th General Convention hereby amends Canon IV.19.30 to read as follows by the addition of the following subsection:

(d) The Archives of the Episcopal Church (the “Administrator”) shall create, administer and maintain a limited access secure central database registry to track data pertinent to proceedings under this Title (the “Database”) for the purpose of providing data and statistical information to assist in the furtherance of policymaking, education, ministry, and other governance objectives of the Church (collectively the “Database Purposes”).

(1) The Database shall only include disciplinary matters under this Title that are referred to the Reference Panel pursuant to Canon IV.6.6 or IV.6.7.

(2) The Diocese, Disciplinary Board, Church Attorney and Respondent (or Respondent’s Advisor) as applicable shall complete and submit forms to the best of their knowledge, including questionnaires as proscribed prescribed and created by the Standing Commission on Structure Governance Constitution and Canons or its successor standing commission in consultation with the Administrator, and Chief Legal Officer, and Office of Pastoral Development.

(3) The Database shall not contain: (i) the personal identifying information of the Respondents, Complainants, Injured Persons, or witnesses; (ii) Privileged Communications; or (iii) other information that would be otherwise prohibited from disclosure under this Title or other applicable law.

(4) The Administrator shall make reports from the Database accessible to the Standing Commission on Structure, Governance, Constitution and Canons, Chief Legal Officer, Office of Pastoral Development, and Executive Council. The Administrator will also make reports from the Database accessible to other Church governance bodies or other Church officials provided that such bodies and officials are seeking to use reports from the Database in furtherance of the Database Purposes and have received the approval of the the Executive Council and the Chief Legal Officer of the Church. From time to time the Executive Council or the Standing Commission on Structure, Governance, Constitution and Canons may publish statistical information and other reports derived in from the Database provided that such publication is consistent with this canon.

And be it further

Resolved, That Canon III.12.7(c) is hereby amended as follows:

(c) In the case of the release and removal of a Bishop from the ordained Ministry of the Church as provided in this Canon, a declaration of removal and release shall be pronounced by the Presiding Bishop in the presence of two (2) or more Bishops, and shall be entered in the official records of the House of Bishops and of the Diocese in which the Bishop being removed and released is canonically resident. The Presiding Bishop shall give notice thereof in writing to the Secretary of the Convention and the Ecclesiastical Authority and the Standing Committee of the Diocese in which the Bishop was canonically resident, to all Bishops of this Church, the Ecclesiastical Authority of each Diocese of this Church, the Recorder, the Secretary of the House of Bishops, the Secretary of the General Convention, The Archives of the Episcopal Church, The Church Pension Fund, and the Board for Transition Ministry.

And be it further

Resolved, That Canon IV.13.11 be amended as follows:

Sec. 11. If the determination is to dismiss the matter, the Hearing Panel shall issue an Order which shall include the reasons for dismissal and which may contain findings exonerating the Respondent. A copy of the Order shall be provided to the Bishop Diocesan, the Respondent, the Respondent's Advisor, the Complainant, the Complainant's Advisor, and the Church Attorney, and a record copy of the Order shall be kept by transmitting a copy to The Archives of the Episcopal Church.

And be it further

Resolved, That the 79th General Convention request the Joint Standing Commission on Program, Budget, and Finance to consider a budget allocation of $25,000 to provide for the creation of the database.

Deputy Bohner of Delaware moved to refer the resolution back to its originating committee.

Motion defeated

A vote was taken on Resolution A120.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #240)