Full Legislative History
Resolution Number: 1988-A129
Title: Amend Canon III.19 [Of the Dissolution of the Pastoral Relationship]
Legislative Action Taken: Concurred As Amended
Final Text:

Resolved, That Canon III.19 be amended as

follows:

CANON 19.

Of the Dissolution of the Pastoral Relation

Sec. 1. Except as provided in Canon III.17 5, upon mandatory resignation by reason of age, a Rector may not resign as Rector of a his Parish without the consent of the said Parish, or its Trustees, whichever maybe authorized to act in the premises, its Vestry, nor may any Rector canonically or lawfully elected and in charge of anya Parish be removed therefrom by said Parish, the Vestry, or Trustees, against his the Rector'swill, except as hereinafter provided.

Sec. 2. If for any urgent reason a Rector or Vestry as aforesaid, or the body authorized to elect a Rector in the Parish committed to his charge, shall desires a separation and dissolution of the pastoral relation, and the parties be cannot agree, d respecting a separation and dissolution, either party may give notice in writing may be given by either party to the Ecclesiastical Authority of the Diocese. The Bishop, in case-the difference be not settled by his godly judgment, shall ask the advice and consent of the Standing Committee of the Diocese, and proceeding with its aid and counsel, shall be the ultimate arbiter and judge. If the Diocese be vacant, the Ecclesiastical Authority shall select a Bishop of an adjacent Diocese to act as Bishop, and with like force and effect. The judgment shall be either that the pastoral relation between the parties shall cease and determine at a time and upon terms therein specified, or that the said relation shall not be terminated, and such judgment shall be binding upon both parties. In the event of the failure or refusal of either party to comply with the terms of such judgment, the Bishop may inflict such penalties as may be provided by the Constitution and Canons of the Diocese, and in default of any provision for such penalties therein, the Bishop may (1) in the case a Rector, suspend such Rector from the exercise of his priestly office until he shall comply with said judgment, (2) in the case of a Vestry or Trustees, recommend Diocesan Convention that the union of the Parish with Convention shall cease until they have complied with his judgment. Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of the Bishop under this Canon.

Sec. 3. Within sixty days of receipt of the written notice, the Bishop, as chief pastor of the diocese, shall mediate the differences between Rector and Vestry in every informal way which the Bishop deems proper and may appoint a committee of at least one Presbyter and one Lay Person, none of whom may be members of the parish involved, to make a report to the Bishop.

Sec. 4. If the differences between the parties are not resolved after completion of the mediation, the Bishop shall proceed as follows:

(a). The Bishop shall give notice to the Rector and Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop.

(b). If a timely request is made, the President of the Standing Committee shall set a date for the conference, which shall be held within thirty days.

(c). At the conference each party shall be entitled to representation and to present its position fully.

(d). Within thirty days after the conference, or after the Bishop's notice if no conference is requested, the Bishop shall confer with and receive the recommendation of the Standing Committee; thereafter the Bishop, as final arbiter and judge, shall render a godly judgment.

(e). Upon the request of either party the Bishop shall explain the reasons for the judgment. If the explanation is in writing, copies shall be delivered to both parties.

(f). If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.

(g). If the relation is to be dissolved:

(1). The Bishop shall direct the Secretary of the Convention to record the dissolution.

(2). The judgment shall include such terms and conditions including financial settlements as shall seem to the Bishop just and compassionate.

Sec. 5. In either event the Bishop shall offer appropriate supportive services to the Priest and the Parish.

Sec. 6. In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as may be set forth in the Constitution and Canons of the Diocese; and in default of any provisions for such penalties therein, the Bishop may act as follows:

(a). In the case of a Rector, suspend the Rector from the exercise of the priestly office until the Priest shall comply with the judgment.

(b). In the case of a Vestry, invoke any available sanctions including recommending to the Convention of the Diocese that the Parish be placed under the supervision of the Bishop as a Mission until it has complied with the judgment.

Sec. 7. For cause, the Bishop may extend the time periods specified in this Canon, provided that all be done to expedite these proceedings. All parties shall be notified in writing of the length of any extension.

Sec. 8(a). Statements made during the course of proceedings under this Canon are not discoverable nor admissible in any proceedings under Title IV, provided that this does not require the exclusion of evidence in any proceeding under the Canons which is otherwise discoverable and admissible.

(b) . In the course of proceedings under this Canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under Canon IV.1, all proceedings under this Canon shall be suspended until the charge has been resolved or withdrawn.

Sec. 3. In the case of the regular an canonical dissolution of the connection between a Rector and his Parish, under this Canon, the Ecclesiastical Authority shall direct the Secretary of the Convention to record the same.

Sec. 4 9. This Canon shall not apply in any Diocese which has made, or shall hereafter make, a provision by Canon upon on this subject in its Canons which is consistent with this Canon. This Section 9 shall become effective on January 1, 1990. , nor in contravention of any right of any Rector, Parish, Congregation, or Vestry under the law of the Civil Authority.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Detroit, 1988 (New York: General Convention, 1989), p. 237.