A141 Amend Canon IV.6.9 - Monthly Reports

Final Status: Concurred as Substituted

Resolved, That the 81st General Convention amend Canon IV.6.9, add a new Canon IV.6.10, renumber current Canon IV.6.10,  add Canon IV.6.11, and renumber current Canon IV.6.11, all 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. 9. Absent extraordinary circumstances, and notwithstanding any other provision of this Title, all matters reported to an Intake Officer shall reach final, non-appellate, resolution within 15 months of the initial Intake Report date. The President of the Disciplinary Board, following consultation with the relevant panels, may, in their sole discretion, reasonably adjust any time periods specified in this Title related to matters before panels, for the purpose of ensuring timely progress.

Sec. 10. The Reference Panel must monitor the progress of each referral on a monthly basis to ensure that the matter is progressing in a timely fashion. The Intake Officer will report at least monthly to the Respondent, the Respondent’s Advisor, the Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor and the Complainant’s Counsel, if any, on the progress in the matter. Should the Intake Officer not report at least monthly, the Respondent or the Complainant may petition in writing the President of the Disciplinary Board who must provide a report in writing not later than 15 days from the date of the petition to provide the reports.

Sec. 11. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter.

Sec. 12. If the determination of the Reference Panel is to take no action other than an appropriate pastoral response, the Panel shall notify the Complainant and the subject Member of the Clergy of the determination and the basis for the determination to take no action other than an appropriate pastoral response. If the referral is to conciliation, the provisions of Canon IV.10 shall apply. If the referral is to investigation, the provisions of Canon IV.11 shall apply. If the referral is to the Bishop Diocesan for possible Agreement and an Agreement is not reached within 90 days of the referral, the Reference Panel will re-refer the matter, in accordance with Canon IV.6.11.

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

Sec. 9. Absent extraordinary circumstances, and notwithstanding any other provision of this Title, all matters reported to an Intake Officer shall reach final, non-appellate, resolution within 15 months of the initial Intake Report date.  The President of the Disciplinary Board, following consultation with the relevant panels, may, in their sole discretion, reasonably adjust any time periods specified in this Title related to matters before panels, for the purpose of ensuring timely progress.

Sec. 9 10. The Reference Panel shall must monitor the progress of each referral on a monthly basis to ensure that the matter is progressing in a timely fashion. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter. Once a matter is referred to a Hearing Panel, Canon IV.15.1 shall govern any issue regarding the progress of the matter. The Intake Officer shall will report at least monthly to the Respondent, the Respondent’s Advisor, the Respondent’s Counsel, if any, the Complainant, the Complainant’s Advisor and the Complainant’s Counsel, if any, on the progress in the matter. Should the Intake Officer not report at least monthly, the Respondent or the Complainant may petition in writing the President of the Disciplinary Board who must provide a report in writing not later than 15 days from the date of the petition to provide the reports.

Sec. 11. Until such time as the matter is referred to a Hearing Panel, if the Reference Panel determines that the matter has reached an impasse or is not progressing in a timely fashion, it may re-refer the matter.

Sec. 10 12. If the determination of the Reference Panel is to take no action other than an appropriate pastoral response, the Panel shall notify the Complainant and the subject Member of the Clergy of the determination and the basis for the determination to take no action other than an appropriate pastoral response. If the referral is to conciliation, the provisions of Canon IV.10 shall apply. If the referral is to investigation, the provisions of Canon IV.11 shall apply. If the referral is to the Bishop Diocesan for possible Agreement and an Agreement is not reached within 90 days of the referral, the Reference Panel will re-refer the matter, in accordance with Canon IV.6.9 11.