Fourth Proposed Amendment to the Canons

Constitution and Canons Committee recommends: Adoption

Proposed Amendment to Title III. Canon 4.

Text of the Proposed Amendment:

Title III. Canon 4.

Sec. 1.     Disciplinary Board. The Board shall consist of not less than nine persons, five of whom are members of the Clergy and four of whom are Laity. Members of the Disciplinary Board may not serve concurrently on the Diocesan Standing Committee.

Sec. 2.     Clergy Members. The Clergy members of the Board must be canonically resident and geographically serving within the Diocese, have been ordained to the order from which they were elected for five or more years, and not be, either at the time of election nor the five years prior to election, under sentence or pastoral direction.

Sec. 3.     Lay Members. The lay members of the Board shall be Adult Communicants in Good Standing in the Diocese.

Proposer

Constitution and Canons Committee

Rationale of the Proposer    

The Episcopal Church canons state, “A member of the Standing Committee of a Diocese may serve on the Disciplinary Board if the Canons of the Diocese so provide.” [Title IV, Canon 5, Section 3(c)]  

The diocesan canons describe the minimum standards for clergy and lay members of the Disciplinary Board. They lack, however, any positive statement regarding whether Standing Committee members may or may not serve on the Disciplinary Board while simultaneously serving on the Standing Committee. This absence creates an ambiguity in determining how to interpret the diocesan canons in relationship to Canon IV.5.3(c) of the Episcopal Church.  

In addition, simultaneously serving on the Standing Committee and the Disciplinary Board would compromise the individual’s ability to function on the Disciplinary Board. As a member of the Standing Committee she or he could possess knowledge from discussions with the Bishop (as his Council of Advice) that would create the potential for pre-judgment (actual or perceived) and therefore, compromise the integrity of the Title IV proceeding.

The Committee on Constitution and Canons believes this exclusion should be made explicit, and thus proposes and endorses the proposed amendment to Canon III.4.1.