A057 Amend Canon IV.17.6 Regarding Suspension of a Bishop
Resolved, the House of Bishops concurring,
That the 81st General Convention amend Canons IV.17.6 to read as follows:
<Amended text as it would appear if adopted and concurred. Scroll below the line of asterisks (******) to see the version showing all deleted and added text.>
IV.17.6
Sec. 6. Where the Respondent is a Bishop, an Accord or Order may provide for the suspension or deposition of the Respondent. In such event, the Sentence of suspension or deposition shall be pronounced by the president of the Disciplinary Board for Bishops. The president shall have no discretion to decline to pronounce the Sentence or to pronounce a lesser Sentence. Where an Accord provides for the suspension or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence within thirty days after the date on which the Conciliator or the president signs the Accord. Where an Order provides for the suspension or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence not sooner than forty days following the issuance of the Order and not later than sixty days following the issuance of the Order. Notwithstanding anything in this section to the contrary, no Sentence shall be pronounced while an appeal of the matter is pending. However, the president may, while an appeal is pending, place restrictions upon the exercise of the Respondent’s ministry, or place the Respondent on Administrative Leave, or continue any such restriction or Administrative Leave as was in effect at the time of the issuance of the Order. Unless otherwise expressly provided in writing in the restriction on ministry or Sentence of suspension, a Bishop under a restriction of Ministry or Sentence of suspension shall not exercise any authority of his or her office and the Standing Committee will serve as the Ecclesiastical Authority. A Sentence of suspension of a Bishop lasting longer than six months shall terminate the pastoral relation between the Bishop and the Diocese unless (i) the Standing Committee by two-thirds vote requests of the Disciplinary Board for Bishops within thirty days that the relation continue and (ii) the Disciplinary Board for Bishops approves such request, except in the case of a Sentence of suspension for a Bishop Provisional serving as provided by Canon III.13 which shall result in the termination of the agreement with the Diocese. If the pastoral relation has not been terminated, religious services and sacramental ministrations shall be provided for that Diocese as though a vacancy exists. This Section shall not prohibit the application of Canon III.12.11.
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<Proposed amended resolution text showing exact changes being made:>
Sec. 6. The provisions of Canons IV.14.1.d and IV.14.6.c pertaining to recommendations that a Respondent be suspended or deposed from ministry shall not apply where the Respondent is a Bishop. Where the Respondent is a Bishop, an Accord or Order may provide for the suspension or deposition of the Respondent. In such event, the Sentence of suspension or deposition shall be pronounced by the president of the Disciplinary Board for Bishops. The president shall have no discretion to decline to pronounce the Sentence or to pronounce a lesser Sentence. Where an Accord provides for the suspension or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence within thirty days after the date on which the Conciliator or the president signs the Accord. Where an Order provides for the suspension or deposition of a Respondent who is a Bishop, the president shall pronounce Sentence not sooner than forty days following the issuance of the Order and not later than sixty days following the issuance of the Order. Notwithstanding anything in this section to the contrary, no Sentence shall be pronounced while an appeal of the matter is pending. However, the president may, while an appeal is pending, place restrictions upon the exercise of the Respondent’s ministry, or place the Respondent on Administrative Leave, or continue any such restriction or Administrative Leave as was in effect at the time of the issuance of the Order. Unless otherwise expressly provided in writing in the restriction on ministry or Sentence of suspension, a Bishop under a restriction of Ministry or Sentence of suspension shall not exercise any authority of his or her office and the Standing Committee will serve as the Ecclesiastical Authority. A Sentence of suspension of a Bishop lasting longer than six months shall terminate the pastoral relation between the Bishop and the Diocese unless (i) the Standing Committee by two-thirds vote requests of the Disciplinary Board for Bishops within thirty days that the relation continue and (ii) the Disciplinary Board for Bishops approves such request, except in the case of a Sentence of suspension for a Bishop Provisional serving as provided by Canon III.13 which shall result in the termination of the agreement with the Diocese. If the pastoral relation has not been terminated, religious services and sacramental ministrations shall be provided for that Diocese as though a vacancy exists. This Section shall not prohibit the application of Canon III.12.11.
Explanation
These proposed changes offer greater parity between an order or accord involving a suspension of priests and deacons, described in Canon IV.19.7, and that of a bishop, making termination of the pastoral relationship the default in both cases. This change would also mean a Bishop Provisional, serving under Canon III.13, who is suspended could then be removed without a vote of convention.