Full Legislative History
Resolution Number: 2012-B021
Title: Reconcile or Dissolve an Episcopal Relationship
Legislative Action Taken: Concurred as Substituted
Final Text:

Resolved, That Canon III.12 is hereby amended to include new Sections 9 and 10 as follows:

Sec. 9. Reconciliation of Disagreements Affecting the Pastoral Relation between a Bishop and Diocese

When the pastoral relationship between a Bishop Diocesan, Bishop Coadjutor or Bishop Suffragan and the Diocese is imperiled by disagreement or dissension, and the issues are deemed serious by the Bishop or a two-thirds majority vote of all of the members of the Standing Committee or a two-thirds majority vote of the Diocesan Convention, any party may petition the Presiding Bishop, in writing, to intervene and assist the parties in their efforts to resolve the disagreement or dissension. The written petition shall include sufficient information to inform the Presiding Bishop and the parties involved of the nature, causes, and specifics of the disagreements or dissension imperiling the pastoral relationship. The Presiding Bishop shall initiate such proceedings as are deemed appropriate under the circumstances to attempt to reconcile the parties, which may include the appointment of a consultant or licensed mediator. The parties to the disagreement, following the recommendations of the Presiding Bishop, shall labor in good faith toward that reconciliation. If such proceedings lead to reconciliation, said reconciliation shall contain definitions of responsibility and accountability for the Bishop and the Diocese.

Sec. 10. Dissolution of the Pastoral Relation between a Bishop and Diocese

(a) If for any urgent reason a Bishop or two-thirds majority of all the members of the Standing Committee or a two-thirds majority vote of Diocesan Convention, based on a vote in a duly-called meeting, desires a dissolution of the pastoral relationship, and the parties cannot agree, any party may give notice in writing to the Presiding Bishop with a copy available to the Bishop or Standing Committee. Such notice shall include sufficient information to inform the Presiding Bishop and all parties involved of the nature, causes, and specifics requiring the dissolution of the pastoral relationship. If the parties have participated in mediation or consultation processes, a separate report from the mediator or consultant will be submitted to the Presiding Bishop with copies available to the Bishop and Standing Committee.

(b) Within thirty days of receipt of the written notice, the Presiding Bishop may initiate further mediation and reconciliation processes between the Bishop and Standing Committee in every way which the Presiding Bishop deems proper.

(c) If the differences between the parties are not resolved after completion of mediation or other reconciliation efforts or actions prescribed by the Presiding Bishop, the matter shall proceed as follows:

(1) The Presiding Bishop shall convene a committee of one Presbyter and one Lay Person appointed by the President of the House of Deputies and one Bishop appointed by the Presiding Bishop, none of whom may be members of or related to the Diocese or Bishop involved. The committee may interview the Bishop and Standing Committee and conduct such other inquiries as it deems necessary.

(2) The Presiding Bishop shall give written notice to the Bishop and Standing Committee that the committee will recommend a resolution of the matter to the House of Bishops, and that either party has the right within fifteen days to request in writing an opportunity to confer with the committee before the committee proposes a resolution for consideration of and approval by a two-thirds majority vote of the House of Bishops. The Presiding Bishop's written notification shall inform the parties involved of the nature, causes, and specifics of the unresolved disagreements or dissension imperiling the pastoral relationship.

(3) If a timely request is made, the Presiding Bishop shall immediately notify the committee. The committee shall set a date for the conference, which shall be held within fifteen days of the committee’s receipt of the notification.

(4) At the conference, each party shall be entitled to attend, be represented, and present its position fully.

(5) Within fifteen days after the conference or after the expiration of the time to request in writing an opportunity to confer with the committee if no conference is requested, the committee shall provide its recommended resolution to the House of Bishops, the Bishop and the Standing Committee. The committee’s recommended resolution of the matter shall become effective upon a two-thirds majority vote of the Bishops present and eligible to vote, at the next regular or special meeting of the House of Bishops. If a two-thirds majority of those Bishops is not obtained, the committee shall provide another recommended resolution to the Presiding Bishop for transmission and vote at the same meeting, as was the initial recommended resolution.

(6) If the recommended resolution is that the pastoral relationship be continued, the recommended resolution shall contain definitions of responsibility and accountability for the Bishop and the Diocese.

(7) If the relationship is to be dissolved, the dissolution shall have the effect of terminating a Bishop Diocesan or Bishop Coadjutor’s jurisdiction and position in the Diocese, or a Bishop Suffragan’s position in the Diocese, as if the Bishop had resigned.

(i) The Presiding Bishop shall direct the Secretary of the House of Bishops to record the dissolution.

(ii) The judgment may include terms and conditions including financial settlements.

(8) In either event, the Presiding Bishop shall offer appropriate supportive services to the Bishop and the Diocese.

And be it further

Resolved, That this amendment shall take effect September 1, 2012.

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Indianapolis, 2012 (New York: General Convention, 2012), pp. 723-725.