A003 Amend Canon III.11.1 regarding Screening of Nominees for Episcopal Elections
Resolved, the House of ________________ concurring,
That Canon III.11.1 is hereby amended by adding new subsections c and d and renumbering the remaining subsections 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.>
III.11.1
Sec. 1
a. Discernment of vocation to be a Bishop occurs through a process of election in accordance with the rules prescribed by the Convention of the Diocese and pursuant to the provisions of the Constitution and Canons of this Church. With respect to the election of a Bishop Suffragan, the Diocese shall establish a nominating process either by Canon or by the adoption of rules and procedure for the election of the Bishop Suffragan at a regular or special Diocesan Convention with sufficient time preceding the election of the Bishop Suffragan.
b. In lieu of electing a Bishop, the Convention of a Diocese may request that an election be made on its behalf by the House of Bishops of the Province of which the Diocese is a part, subject to confirmation by the Provincial Synod, or it may request that an election be made on its behalf by the House of Bishops of The Episcopal Church.
1. If either option in Sec. 1.b is chosen, a special Joint Nominating Committee shall be appointed unless the Diocesan Convention has otherwise provided for the nominating process. The Committee shall be composed of three persons from the Diocese, appointed by its Standing Committee, and three members of the electoral body, appointed by the President of that body. The Joint Nominating Committee shall elect its own officers and shall nominate three persons whose names it shall communicate to the Presiding Officer of the electoral body. The Presiding Officer shall communicate the names of the nominees to the electoral body at least three weeks before the election when the names shall be formally placed in nomination. Opportunity shall be given for nominations from the floor or by petition, in either case with provision for adequate background checks.
2. If either option in Sec. 1.b is chosen, the evidence of the election shall be a certificate signed by the Presiding Officer of the electoral body and by its Secretary, with a testimonial signed by a constitutional majority of the body, in the form required in Canon III.11.3, which shall be sent to the Standing Committee of the Diocese on whose behalf the election was held. The Standing Committee shall thereupon proceed as set forth in Canon III.11.3.
c. Prior to any person’s name being placed in nomination for election as a Bishop in a diocese, whether by the nominating body or by petition, floor nomination or in any other way, the diocese shall have:
1. conducted a thorough background check of each nominee according to criteria established by the Standing Committee. Such background check to include but not be limited to criminal records, credit checks, reference checks, sex offender registry checks, verification of education, employment and ordination and review of all complaints, charges and allegations while an ordained person;
2. each nominee evaluated by a licensed medical doctor approved by the Standing Committee;
3. each nominee evaluated by a licensed psychologist approved by the Standing Committee, with psychiatric referral if desired or necessary;
4. each nominee evaluated for substance, chemical and alcohol use and abuse and other addictive patterns whether as part of the medical examination, psychological examination or otherwise by professionals approved by the Standing Committee;
All such background checks and evaluations shall be conducted specifically for the election being conducted and not for any prior election or other process or purpose.
d. Reports of all background checks, medical, psychological and substance, chemical or alcohol use and abuse evaluations shall be initially provided simultaneously to the Standing Committee President of the electing diocese or nominating body under Canon III.11.1.b.1 and to the Presiding Bishop. After the consecration and ordination of the bishop elected President of the Standing Committee or nominating body under Canon III.11.1.b.1 shall promptly deliver to The Archives of The Episcopal Church a copy of all the reports of all background checks, medical, psychological and substance, chemical, and alcohol use and abuse and other addictive patterns evaluations obtained during the process for permanent retention. The President of the Standing Committee or nominating body under Canon III.11.1.b.1 shall destroy all other copies of the reports provided to, or created within, the electing diocese other than one copy for the permanent records of the diocese.
e. The Secretary of the body electing a Bishop Diocesan, Bishop Coadjutor, or Bishop Suffragan, shall inform the Presiding Bishop promptly of the name of the person elected. It shall be the duty of the Bishop-elect to notify the Presiding Bishop of acceptance or declination of the election, at the same time as the Bishop-elect notifies the electing Diocese.
f. No Diocese shall elect a Bishop within thirty days before a meeting of the General Convention.
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III.11.1
Sec. 1
a. Discernment of vocation to be a Bishop occurs through a process of election in accordance with the rules prescribed by the Convention of the Diocese and pursuant to the provisions of the Constitution and Canons of this Church. With respect to the election of a Bishop Suffragan, the Diocese shall establish a nominating process either by Canon or by the adoption of rules and procedure for the election of the Bishop Suffragan at a regular or special Diocesan Convention with sufficient time preceding the election of the Bishop Suffragan.
b. In lieu of electing a Bishop, the Convention of a Diocese may request that an election be made on its behalf by the House of Bishops of the Province of which the Diocese is a part, subject to confirmation by the Provincial Synod, or it may request that an election be made on its behalf by the House of Bishops of The Episcopal Church.
1. If either option in Sec. 1.b is chosen, a special Joint Nominating Committee shall be appointed unless the Diocesan Convention has otherwise provided for the nominating process. The Committee shall be composed of three persons from the Diocese, appointed by its Standing Committee, and three members of the electoral body, appointed by the President of that body. The Joint Nominating Committee shall elect its own officers and shall nominate three persons whose names it shall communicate to the Presiding Officer of the electoral body. The Presiding Officer shall communicate the names of the nominees to the electoral body at least three weeks before the election when the names shall be formally placed in nomination. Opportunity shall be given for nominations from the floor or by petition, in either case with provision for adequate background checks.
2. If either option in Sec. 1.b is chosen, the evidence of the election shall be a certificate signed by the Presiding Officer of the electoral body and by its Secretary, with a testimonial signed by a constitutional majority of the body, in the form required in Canon III.11.3, which shall be sent to the Standing Committee of the Diocese on whose behalf the election was held. The Standing Committee shall thereupon proceed as set forth in Canon III.11.3.
c. Prior to any person’s name being placed in nomination for election as a Bishop in a diocese, whether by the nominating body or by petition, floor nomination or in any other way, the diocese shall have:
1. conducted a thorough background check of each nominee according to criteria established by the Standing Committee. Such background check to include but not be limited to criminal records, credit checks, reference checks, sex offender registry checks, verification of education, employment and ordination and review of all complaints, charges and allegations while an ordained person;
2. each nominee evaluated by a licensed medical doctor approved by the Standing Committee;
3. each nominee evaluated by a licensed psychologist approved by the Standing Committee, with psychiatric referral if desired or necessary;
4. each nominee evaluated for substance, chemical and alcohol use and abuse and other addictive patterns whether as part of the medical examination, psychological examination or otherwise by professionals approved by the Standing Committee;
All such background checks and evaluations shall be conducted specifically for the election being conducted and not for any prior election or other process or purpose.
d. Reports of all background checks, medical, psychological and substance, chemical or alcohol use and abuse evaluations shall be initially provided simultaneously to the Standing Committee President of the electing diocese or nominating body under Canon III.11.1.b.1 and to the Presiding Bishop. After the consecration and ordination of the bishop elected President of the Standing Committee or nominating body under Canon III.11.1.b.1 shall promptly deliver to The Archives of The Episcopal Church a copy of all the reports of all background checks, medical, psychological and substance, chemical, and alcohol use and abuse and other addictive patterns evaluations obtained during the process for permanent retention. The President of the Standing Committee or nominating body under Canon III.11.1.b.1 shall destroy all other copies of the reports provided to, or created within, the electing diocese other than one copy for the permanent records of the diocese.
c. e. The Secretary of the body electing a Bishop Diocesan, Bishop Coadjutor, or Bishop Suffragan, shall inform the Presiding Bishop promptly of the name of the person elected. It shall be the duty of the Bishop-elect to notify the Presiding Bishop of acceptance or declination of the election, at the same time as the Bishop-elect notifies the electing Diocese.
d. f. No Diocese shall elect a Bishop within thirty days before a meeting of the General Convention.
Explanation
This resolution was referred from the 80th General Convention. It was proposed by the Task Force to Assist the Office of Pastoral Development, listed as 2022-A079, and referred to Legislative Committee 15 - Ministry.
This Resolution has several purposes. One is to bring a degree of consistency to the discernment screening and evaluations that are conducted for those in discernment (or reception) processes to become a Priest or Deacon and those used when a Bishop is elected. Currently, background screening and medical, psychological, and psychiatric evaluations are conducted prior to ordination or reception from another denomination or Province of the Anglican Communion for Priests, Deacons, and Bishops of other Provinces of the Anglican Communion who will serve as Assistant Bishops. Currently the canons do not require any background screening or evaluations prior to the election of a Bishop for a Diocese. It is only after an election that the Bishop-elect must have medical, psychological, and psychiatric evaluations, even though the recommended process and wide-spread practice is to conduct background screening and medical, psychological, and psychiatric evaluations on all those who are nominated. This Resolution would make that best practice a requirement.
Another purpose is to broaden the current medical, psychological, and psychiatric evaluations in Bishop discernment processes to include chemical, and alcohol use and abuse and other addictive patterns evaluations. Experience has shown that such issues are not necessarily identified in routine medical, psychological, and psychiatric evaluations, and that failure can lead to serious consequences for the electing Diocese and for the Bishop and his/her family.
Another purpose is to address the issue of who should initially receive the results of the background screening and evaluations. Presently, the canons are silent and there is no generally agreed upon best practice. This lack has lead to confusion and some misunderstandings on who the information belongs to and who should review it and make decisions about it. Since it is the electing Diocese that is having the screening and evaluations done and it is the electing Diocese that has to make the discernment of who is appropriate and fit to serve as its Bishop, and it is the electing Diocese that will incur most of the consequences of any problems or issues with the new Bishop, the electing Diocese needs to have all the information from the screening and evaluations to assist it in its discernment. The Resolution aims to balance the interests of the electing Diocese having the information it needs for its discernment process with the interest that a nominee has in sensitive information being handled and shared appropriately with the Presiding Bishop's interest in the overall health and fitness of persons who will serve as Bishops. The proposed canon does not prohibit the sharing of information beyond the President of the Standing Committee and the best practice would have the President consult with the Presiding Bishop (through the Office of Pastoral Development), and perhaps Chancellors, subject matter experts, and the nominee prior to further sharing of the information.
And, the Resolution provides for the appropriate destruction of the evaluations and background screening information and also for the appropriate retention of the information for the person elected Bishop only in case the information becomes relevant in the future.