The Acts of Convention

House of Deputies

The House of Deputies Committee on Safeguarding and Title IV presented its Report #42 on Resolution A133 (Amend Canon IV.6 - Timing of Reference Panel Meetings) and moved adoption with amendment.

Original Text of Resolution:

(A133)

Resolved, the House of Bishops concurring, That Canon IV.6 be amended by amending Sec. 8, adding a new Sec. 9 and renumbering all subsequent Sections:

Sec. 8. The Reference Panel shall meet as soon as possible, but no longer than fourteen (14) days, after receiving the intake report to determine how to refer the report. Referral options are (a) no action required other than appropriate pastoral response pursuant to Canon IV.8; (b) Conciliation pursuant to Canon IV.10; (c) investigation pursuant to Canon IV.11; (d) to the Conference Panel pursuant to Canon IV.12; or (e) referral for possible agreement with the Bishop Diocesan regarding terms of discipline pursuant to Canon IV.9. Referral decisions shall require the approval of a majority of the Reference Panel. The initial referral shall be made no later than thirty (30) days after receiving the Intake Report.

Sec. 9

(a) The Reference Panel shall monitor the progress of each referral on a monthly basis to ensure that the matter is progressing in a timely fashion. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter. Once a matter is referred to a Hearing Panel, Canon IV.15.1 shall govern any issue regarding the progress of the matter. The Intake Officer shall report at least monthly to the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor and the Complainant’s counsel, if any, on the progress in the matter.

(b) If the referral is for Conciliation pursuant to Section 8(b), unless waived in writing by the Respondent and Complainant, the Conciliation shall take place within 60 days of the referral.

(c) If the referral is for investigation pursuant to Section 8(c), the investigation shall be completed within 90 days of the referral.

(d) If the referral is to the Conference Panel pursuant to Section 8(d), the Conference Panel shall complete its proceedings within four months of the referral.

(e) If the referral is for possible agreement with the Bishop Diocesan regarding terms of discipline pursuant to Section 8(e) and an agreement for discipline resulting in an effective Accord is not reached within ninety (90) days of the referral, unless waived in writing by both the Respondent and the Complainant, the Reference Panel shall re-refer the matter under Sections 8(b), (c), or (d). The re-referral shall be made by the Reference Panel within fourteen (14) days of the expiration of the ninety (90) day period for the reaching of an effective Accord herein.

Committee Amendment:

Resolved, the House of Bishops concurring, That Canon IV.6 be amended by amending Sec. 8, adding a new Sec. 9 and renumbering all subsequent Sections:

Sec. 8. The Reference Panel shall meet as soon as possible, but no longer than fourteen (14) days, after receiving the intake report to determine how to refer the report. Referral options are (a) no action required other than appropriate pastoral response pursuant to Canon IV.8; (b) Conciliation pursuant to Canon IV.10; (c) investigation pursuant to Canon IV.11; (d) to the Conference Panel pursuant to Canon IV.12; or (e) referral for possible agreement with the Bishop Diocesan regarding terms of discipline pursuant to Canon IV.9. Referral decisions shall require the approval of a majority of the Reference Panel. The initial referral shall be made no later than thirty (30) days after receiving the Intake Report. The Reference Panel shall establish a schedule for each approved option and the President of the Disciplinary Board shall be responsible for monitoring each such schedule.

Sec. 9 (a) The Reference Panel shall monitor the progress of each referral on a monthly basis to ensure that the matter is progressing in a timely fashion. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter. Once a matter is referred to a Hearing Panel, Canon IV.15.1 shall govern any issue regarding the progress of the matter. The Intake Officer shall report at least monthly to the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Complainant, the Complainant’s Advisor and the Complainant’s counsel, if any, on the progress in the matter.

(b) If the referral is for Conciliation pursuant to Section 8(b), unless waived in writing by the Respondent and Complainant, the Conciliation shall take place within 60 days of the referral.

(c) If the referral is for investigation pursuant to Section 8(c), the investigation shall be completed within 90 days of the referral.

(d) If the referral is to the Conference Panel pursuant to Section 8(d), the Conference Panel shall complete its proceedings within four months of the referral.

(e) If the referral is for possible agreement with the Bishop Diocesan regarding terms of discipline pursuant to Section 8(e) and an agreement for discipline resulting in an effective Accord is not reached within ninety (90) days of the referral, unless waived in writing by both the Respondent and the Complainant, the Reference Panel shall re-refer the matter under Sections 8(b), (c), or (d). The re-referral shall be made by the Reference Panel within fourteen (14) days of the expiration of the ninety (90) day period for the reaching of an effective Accord herein.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Bishops in HD Message #331)