Resolution Number: | 2022-A044 |
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Title: | Amend Canon IV.14.4 [Of Accords and Orders] |
Legislative Action Taken: | Concurred as Substituted |
Final Text: |
Resolved, That the 80th General Convention amend Canon IV.14.4 by striking it in its entirety and replacing it as follows:
Sec. 4. In the case of any Accord that has become effective:
(a) On the date when an Accord becomes effective and irrevocable, a copy of the Accord must be served on the Complainant, the Complainant’s Advisor, the Complainant’s counsel, if any, the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Church Attorney, the president of the Disciplinary Board, and the Bishop Diocesan. If the Accord was reached before the Conciliator, the Conciliator must serve the Accord on the persons specified above; if the Accord was reached before the Conference Panel, the president of the Conference Panel must serve the Accord on the persons specified above; and if the Accord was reached between the Bishop Diocesan and the Respondent under Canon IV.9, the Bishop Diocesan must serve the Accord on the persons specified above as well as the president of the panel to which the matter is assigned.
(b) For an Accord pertaining to a Bishop Diocesan, Bishop Suffragan serving under Article II.5, or Bishop serving under Canon III.13, the Presiding Bishop must also serve a copy of the Accord on the Standing Committee of the Bishop’s Diocese. For an Accord pertaining to any other Bishop, the Presiding Bishop must also serve a copy of the Accord on the Bishop Diocesan and the Standing Committee of the Bishop’s Diocese.
(c) In his or her discretion and for good cause to protect any Injured Person or allegedly Injured Person, the person required by this Section to serve a copy of the Accord may redact information about the Injured Person, including the Injured Person’s identity, but provisions required by Section 1 and Section 9 of this Canon may not be redacted.
Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Baltimore, 2022 (New York: General Convention, 2023), pp. 389-390. |
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Legislative History
Author: | Standing Commission on Structure, Governance, Constitution and Canons |
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Originating House: | House of Bishops |
Originating Committee: | Title IV Disciplinary Canons |
House of Bishops
The House of Bishops Committee on Title IV Disciplinary Canons presented its Report #16 on Resolution A044 (Amend Canon IV.14.4 Provisions for Notices of Accords) and moved adoption of a substitute.
Original Text of Resolution:
(A044)
Resolved, the House of Deputies concurring,
That the 80th General Convention amend Canon IV.14.4 by striking it in its entirety and replacing it as follows:
Sec. 4. In the case of any Accord that has become effective:
a. A copy of the Accord shall be sent to the Complainant, the Complainant’s Advisor, the Complainant’s counsel, if any, the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Church Attorney, the president of the Disciplinary Board, and the Bishop Diocesan by the Conciliator or the president of the Conference Panel (whichever the matter was before when the Accord was reached), the Presiding Bishop, the President of the House of Deputies and the Secretary of the General Convention on the date on which the Accord is signed.
b. If the Accord was reached between the Bishop Diocesan and Respondent under Canon IV.9, the Bishop Diocesan shall send a copy of the Accord to the president of the panel to which the matter is assigned and the persons listed in subsection (a) of this section, on the date the Accord becomes effective and irrevocable.
c. In the case of any Accord pertaining to a Bishop, the Presiding Bishop shall provide a full and complete copy of the Accord to (i) in the case of a Bishop Diocesan, Bishop Suffragan serving under Article II.5, or Bishop serving under Canon III.13, to the Standing Committee of that Diocese, (ii) in the case of a Bishop Suffragan, Bishop Coadjutor, or Assistant Bishop, to the Bishop Diocesan and the Standing Committee of that Diocese.
Committee Substitute:
Resolved, the House of Deputies concurring,
That the 80th General Convention amend Canon IV.14.4 by striking it in its entirety and replacing it as follows:
Sec. 4. In the case of any Accord that has become effective:
(a) On the date when an Accord becomes effective and irrevocable, a copy of the Accord must be served on the Complainant, the Complainant’s Advisor, the Complainant’s counsel, if any, the Respondent, the Respondent’s Advisor, the Respondent’s counsel, if any, the Church Attorney, the president of the Disciplinary Board, and the Bishop Diocesan. If the Accord was reached before the Conciliator, the Conciliator must serve the Accord on the persons specified above; if the Accord was reached before the Conference Panel, the president of the Conference Panel must serve the Accord on the persons specified above; and if the Accord was reached between the Bishop Diocesan and the Respondent under Canon IV.9, the Bishop Diocesan must serve the Accord on the persons specified above as well as the president of the panel to which the matter is assigned.
(b) For an Accord pertaining to a Bishop Diocesan, Bishop Suffragan serving under Article II.5, or Bishop serving under Canon III.13, the Presiding Bishop must also serve a copy of the Accord on the Standing Committee of the Bishop’s Diocese. For an Accord pertaining to any other Bishop, the Presiding Bishop must also serve a copy of the Accord on the Bishop Diocesan and the Standing Committee of the Bishop’s Diocese.
(c) In his or her discretion and for good cause to protect any Injured Person or allegedly Injured Person, the person required by this Section to serve a copy of the Accord may redact information about the Injured Person, including the Injured Person’s identity, but provisions required by Section 1 and Section 9 of this Canon may not be redacted.
Motion carried
Substitute resolution adopted
(Communicated to the House of Deputies in HB Message #85)
House of Deputies
The House of Deputies Committee on Title IV Disciplinary Canons presented its Report #25 on HB Message #85 on Resolution A044 (Amend Canon IV.14.4 Provisions for Notices of Accords) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Bishops in HD Message #159)
Resolution Concurred by Both Houses, July 9.
Report Reference: | Standing Commission on Structure, Governance, Constitution and Canons, Reports to the 80th General Convention, 2022, pp. 408-432. |
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Abstract: | The 80th General Convention amends Canon IV.14.4 to make more specific the service of the Notices of Accord and provide for the protection of an Injured or allegedly Injured Person through redaction. |