Resolution C:
Correct References to
Episcopal Church Canons

 

Secretary of the Convention

Last Update: November 20, 2023

Status

On October 28th, 2023, the 174th Convention adopted the following canonical changes:

Resolved, that Canon XI, Section 11.26 of the Canons of the Diocese of California be amended to state as follows:

(remove strikethrough text, add italic bold text)

Sec. 11.26. Election of the Rector.

The election of a rector shall require an affirmative vote of two-thirds of the lay members of the vestry. No commitment shall be made by the vestry to anyone under consideration as a prospective rector, nor shall any formal call be issued, until the name of the Cleric under consideration as rector has been made known to the Bishop. If the Bishop has not responded within 30 days, or such additional time as has been agreed upon, from the date of notice to the Bishop, the vestry may proceed with the commitment and call. In case the Bishop objects to the choice of the vestry, a second meeting of the vestry shall be held and the person first proposed can be elected only by a unanimous vote of the whole vestry. If the vote is not unanimous, the same procedure shall be repeated for the election of another candidate. The call shall be in the form of an agreement, which shall be signed by the wardens and, when accepted, signed by the new rector. The agreement shall, subject to the provisions of Title III, Canons 9.7 and 9.13, Canons III.9.8 and III.9.15 of the Canons of The Episcopal Church and of this Canon XI, Sections 11.32 and 11.33, provide for life tenure. The signed agreement shall be sent to the Bishop who, when satisfied that the person chosen is a duly qualified Cleric and has accepted the office, shall approve the call and acceptance by causing copies of the agreement to be countersigned personally or by a designated representative and returned to the new rector and to the parish. The Bishop shall then notify the Secretary of the Convention, who shall record the appointment and announce it at the next Annual Convention.

 

Further resolved, that Canon XI, Section 11.31 of the Canons of the Diocese of California be amended to state as follows:

Sec. 11.31. Reconciliation of Disagreements Affecting a Pastoral Relationship.

Where the need therefor appears, a reconciliation of the pastoral relationship, as provided in Title III, Canon 9.12, Canon III.9.14 of the Canons of The Episcopal Church, may be sought in accordance with the following procedure.

(a) Appeal to Bishop. In the event of differences between a rector and vestry an appeal may be made to the Bishop for pastoral ministrations to reconcile those differences. The appeal may be made by the rector, a majority of the whole vestry, or jointly. The appeal shall state in writing that there are differences between rector and vestry and shall invite the Bishop’s pastoral ministrations.

(b) Appeal by Rector. If made by the rector, a signed copy of the appeal shall be mailed or delivered to each member of the vestry.

(c) Appeal by Vestry. If made by the vestry, alone or jointly with the rector, the appeal shall state whether it emanates from a regular or special meeting of the vestry. Those voting in favor of the appeal shall sign it.

(d) Special Meetings. Notwithstanding any provision in the bylaws of the parish to the contrary, a special meeting of the vestry to consider the making of an appeal under this Canon may be convened by the rector, a warden, or at least one-quarter of the lay members of the vestry. A special meeting not convened by the rector or a warden shall consider no other business. The convenor(s) of the special meeting shall, at least ten days before the meeting, mail or deliver to each member of the vestry and to the rector a signed written notice of the purpose, time, date, and place of the meeting. A certificate of compliance with this requirement, signed by the convenor(s), shall accompany the appeal.

(e) Nothing in this Section 11.31 shall preclude the application of Title III, Canon 9.6(c)(2) Canon III.9.7.c.2 of the Canons of The Episcopal Church.

 

Further resolved, that the definitions of “Bishop Coadjutor” and “Bishop Suffragan” in the Appendix of Certain Defined Terms be amended to state as follows:

“Bishop Coadjutor” has the meaning set forth in Title III, Canon 11.10(a), Canon III.11.9.a of the Canons of The Episcopal Church.

“Bishop Suffragan” has the meaning set forth in Title III, Canon 11.10(b) Canon III.11.9.b of the Canons of The Episcopal Church.

Explanation

The proposed amendments are technical, correcting several existing cross-references in the Canons of the Diocese to Canons of The Episcopal Church. Citations now follow the format used by the General Convention Office in the current edition of the Constitution & Canons of The Episcopal Church.

Submitted by:

Christopher Hayes, Chancellor of the Diocese and Canon to the Bishop.

3 Comments

  1. Laura Gable

    Christopher, thank you for this resolution and keeping the diocesan canons up to date with the Episcopal Church canons. In Sec. 11.31. Reconciliation of Disagreements Affecting a Pastoral Relationship, I’m curious about whether a Regional Dean could also make an appeal to the Bishop on behalf of a parish where there is a disagreement between rector and vestry.

    Reply
  2. Richard Edward Helmer

    Hi, Laura!

    Christopher may want to opine further, so I defer to his judgment as final, but my read of the canons is no, a Regional Dean could not initiate a process under Canon XI Sec. 11.31. Regional Deans currently minister within the pastoral authority of the Bishop, and are not named in the Canons. So they are not authorized under the Canons take a formal step like this in the pastoral relationship between a rector and parish or vestry. Of course, a Regional Dean could (and might well!) recommend that a rector or vestry make an appeal to the Bishop for this formal process of reconciliation. But the rector and/or vestry would need to initiate the process.

    Br. Secretary

    Reply
  3. Christopher Hayes, Chancellor of the Diocese

    Hi Laura,

    I agree with Brother Secretary’s response. Only the Rector or Vestry can petition to reconcile a pastoral relationship under Episcopal Church Canon III.9.14 ( https://extranet.generalconvention.org/staff/files/download/31954#Can_III_9_14 ) and Diocese of California Canon 11.31. The same is true of the process to dissolve a pastoral relationship under the related provisions of Episcopal Church Canon III.9.14 ( https://extranet.generalconvention.org/staff/files/download/31954#Can_III_9_15 ) and Diocese of California Canon 11.32.

    The Regional Deans do not exercise pastoral ministry within any parish other than their own; that authority is exclusive to the Rector and to the Bishop in the Bishop’s role as Chief Pastor.

    Reply

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