D041 Amend Canon IV.3: Of Accountability

Resolved, the House of Deputies concurring,

That the 80th General Convention amend Canon IV.3, Sec. 1 and 3 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.>

Sec. 1. A Member of the Clergy shall be subject to proceedings under this Title for:

a. knowingly violating or attempting to violate, directly or through the acts of another person, the Constitution or Canons of the Church or of any Diocese;

b. failing without good cause to cooperate with any investigation or proceeding conducted under authority of this Title and/or, as Diocesan Bishop, failing without good cause to initiate a proper investigation according to Canon IV.11 under authority of this Title and to comply with the other procedural requirements of this Title;

c. intentionally and maliciously bringing a false accusation or knowingly providing or ignoring the existence of false testimony or false evidence in any investigation or proceeding under this Title; or

d. intentionally misrepresenting or omitting any materials fact in applying for admission to Postulancy, for admission to Candidacy, for ordination as a Deacon or Priest, for reception from another Church as a Deacon or Priest, or for nomination or appointment as a Bishop.

e. discharging, demoting, or otherwise retaliating against any person because the person has opposed any practices forbidden under this Title or because the person has reported information concerning an Offense, testified, or assisted in any proceeding under this Title.

f. intentionally, directly or through the acts of other persons assigned through this Title or diocesan canon, misrepresenting or omitting any material fact or testimony discovered at any time subject to proceedings under this Title that would exonerate the Respondent.

Sec. 3.  In order for any conduct or condition to be the subject of the provisions of this Title, the Offense complained of must violate applicable provisions of Canon IV.3 or IV.4 and must be material and substantial or of clear and weighty importance to the ministry of the Church, including the effect such proceedings might have on the ministry of a Member of the Clergy wrongfully accused of any breach of the Standards of Conduct set forth in Canon IV.4

 

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<Proposed amended resolution text showing exact changes being made:>

Sec. 1. A Member of the Clergy shall be subject to proceedings under this Title for:

a. knowingly violating or attempting to violate, directly or through the acts of another person, the Constitution or Canons of the Church or of any Diocese;

b. failing without good cause to cooperate with any investigation or proceeding conducted under authority of this Title and/or, as Diocesan Bishop, failing without good cause to initiate a proper investigation according to Canon IV.11 under authority of this Title and to comply with the other procedural requirements of this Title;

c. intentionally and maliciously bringing a false accusation or knowingly providing or ignoring the existence of false testimony or false evidence in any investigation or proceeding under this Title; or

d. intentionally misrepresenting or omitting any materials fact in applying for admission to Postulancy, for admission to Candidacy, for ordination as a Deacon or Priest, for reception from another Church as a Deacon or Priest, or for nomination or appointment as a Bishop.

e. discharging, demoting, or otherwise retaliating against any person because the person has opposed any practices forbidden under this Title or because the person has reported information concerning an Offense, testified, or assisted in any proceeding under this Title.

f. intentionally, directly or through the acts of other persons assigned through this Title or diocesan canon, misrepresenting or omitting any material fact or testimony discovered at any time subject to proceedings under this Title that would exonerate the Respondent.

 

Sec. 3.  In order for any conduct or condition to be the subject of the provisions of this Title, the Offense complained of must violate applicable provisions of Canon IV.3 or IV.4 and must be material and substantial or of clear and weighty importance to the ministry of the Church, including the effect such proceedings might have on the ministry of a Member of the Clergy wrongfully accused of any breach of the Standards of Conduct set forth in Canon IV.4