Bishop

Required Steps

At any time after the filing of information with the Intake Officer, the Bishop may take interim actions. For each of the interim actions there are specific requirements prescribed by the Church Canons.

The requirements for a Pastoral Direction by a Bishop are very specific. The Pastoral Direction must:

Be made in writing
Set forth clearly the reasons for the Pastoral Direction
Set forth clearly what is required of the clergyperson
Be issued in the Bishop’s capacity as the Pastor, Teacher, and Overseer of the clergyperson
Be neither capricious nor arbitrary in nature nor in any way contrary to the Church’s Constitution and Canons
Be directed to some matter, which concerns the Doctrine, Discipline, or Worship of the Church or the manner of life and behavior of the clergyperson concerned
Be promptly served upon the clergyperson

All of these elements must be included in a valid Pastoral Direction. (Title IV.7.1 and 2)

Similar requirements apply to the placement of any Restriction on the Ministry of a clergyperson or the placement of the clergyperson on Administrative Leave. These include that the Restriction or placement must:

Be made in writing
Set forth clearly the reasons for which it is issued
Set forth clearly the limitations and conditions imposed and the duration thereof
Set forth clearly changes, if any, in the terms of compensation and the duration thereof
Be neither capricious nor arbitrary in nature nor in any way contrary to the Church’s Constitution and Canons
Be promptly served upon the clergyperson
Advise the clergyperson of his or her right to be heard in the matter as provided in this Canon

(Title IV.7.3)

The third interim action that may be taken is the possibility of an Agreement between the Bishop Diocesan and the clergyperson involved to resolve the matter. The Canons provide that an Agreement of discipline or a settlement in which the possible terms of discipline may be proposed either by the clergyperson involved or the Bishop to resolve a complaint of misconduct. (Title IV.9)

The Canons require that before reaching an Agreement for Discipline, the Bishop must consult with the people involved who are adversely affected by the conduct of the clergyperson, as well as the President of the Disciplinary Board, and the Church Attorney, with respect to the specific terms proposed for discipline.

If there is an Agreement reached between the clergyperson and the Bishop after these consultations, the terms of discipline are then stated in a document called an Accord.

An Agreement for Discipline or an Accord based on the Agreement may be entered into only if 1) the clergyperson is aware of the actual discipline to be imposed and the effects of that discipline; 2) the clergyperson has had an adequate opportunity to consult and seek advice from, or has in fact consulted and received advice from, legal counsel of the clergyperson’s own choosing; and 3) the Accord adequately considers, and where possible promotes, the values of Title IV, especially that it provides for healing, repentance, forgiveness, restitution, justice, amendment of life, and reconciliation among the complaining person(s), the clergyperson involved, the affected community (typically the congregation) and others as appropriate to creating a resolution of the matter. (Title IV.6.9, Title IV.9)

The Canons provide the clergyperson a three-day right of withdrawal from the Agreement or Accord, after which it is effective and irrevocable. (Title IV.9.3)

Participants

The Bishop is an essential party to the interim actions and must fully understand and comply with the prerequisite elements of each. These provisions carefully balance the respective interests of the Complainant, clergyperson involved, affected third parties and communities, and of the Church. Therefore, these responsibilities are exclusive to the Bishop, acting as a defender of the Doctrine, Discipline, and Worship of the Church.

The Intake Officer may be instrumental in recommending any interim action to the Bishop. It follows that the Intake Officer should be careful that the Bishop is fully apprised of all information gathered about the matter to that point, including the possibility there may be additional injured persons to be considered, and the need for arrangements to support the congregation and its leaders during the term of any Restriction on Ministry or Administrative Leave.

The Chancellor must be available to consult with the Bishop concerning the need for detailed compliance with all canonical prerequisites for interim actions, appropriate drafting of the necessary documents, consideration of any legal or corporate implications, and evaluation of clarity of terms to ensure compliance.

The Advisor to the clergyperson must be fully aware of all elements and prerequisites for interim actions in order to counsel the clergyperson. The Advisor’s role is to help make sure canonical procedures are followed and elements of interim actions are supported by informed agreements and actions by everyone involved.

Since the Church Attorney must be consulted by the Bishop when considering an Interim Action, the Church Attorney’s responsibility is to consider whether the proposed action complies with the Constitution and Canons and otherwise furthers the interests of the Church. This includes interpretation of the Canons and whether the degree of severity of the discipline being proposed is commensurate with the Offense.