A147 Referring Lay Disciplinary Canon Issue to Standing Commission on Structure, Governance, Constitution and Canons
The current canons do not expressly authorize prompt action to remove or suspend an elected lay officer where there are credible allegations of criminal misconduct, such as an indictment or other criminal charges, an audit showing the unexplained disappearance or misuse of funds from an account over which the elected lay officer has signature authority, or allegations of serious harm to children or others by the lay officer. Similarly, where an elected lay officer has been involuntarily committed for treatment, action should be authorized to protect the church and its people.
This resolution asks the Standing Commission on Structure, Governance, Constitution and Canons to study this issue and make appropriate recommendations for canonical changes, if any, they believe are needed to authorize prompt action to protect the church, its people, and its funds, while providing a workable avenue to contest such suspension or removal as unsupported by the evidence.
Any such recommended canonical changes must help assure that this authority is exercised where the evidence of past serious misconduct or significant imminent harm is strong. Any such recommended canonical changes must assure that the elected lay officer will be entitled to a prompt post-suspension hearing before a neutral decisionmaker, where the lay officer is entitled to present evidence and to know in advance of the hearing the evidence on which the suspension or removal has been based.
This authority is to be exercised to protect the church, its people, and the public, and is not to be invoked because of differences in policy. The neutral reviewing body must include elected lay officers, in keeping with the polity of the Church and as a check against inappropriate use of this authority.
The second paragraph asks for a study and possible recommended canonical language to provide for background checks where elected lay officers will have significant financial or supervisory authority. That preventive step may help avoid cases of potential misconduct and harm to people and the mission of the church.
Explanation
The current canons do not expressly authorize prompt action to remove or suspend an elected lay officer where there are credible allegations of criminal misconduct, such as an indictment or other criminal charges, an audit showing the unexplained disappearance or misuse of funds from an account over which the elected lay officer has signature authority, or allegations of serious harm to children or others by the lay officer. Similarly, where an elected lay officer has been involuntarily committed for treatment, action should be authorized to protect the church and its people.
This resolution asks the Standing Commission on Structure, Governance, Constitution and Canons to study this issue and make appropriate recommendations for canonical changes, if any, they believe are needed to authorize prompt action to protect the church, its people, and its funds, while providing a workable avenue to contest such suspension or removal as unsupported by the evidence.
Any such recommended canonical changes must help assure that this authority is exercised where the evidence of past serious misconduct or significant imminent harm is strong. Any such recommended canonical changes must assure that the elected lay officer will be entitled to a prompt post-suspension hearing before a neutral decisionmaker, where the lay officer is entitled to present evidence and to know in advance of the hearing the evidence on which the suspension or removal has been based.
This authority is to be exercised to protect the church, its people, and the public, and is not to be invoked because of differences in policy. The neutral reviewing body must include elected lay officers, in keeping with the polity of the Church and as a check against inappropriate use of this authority.
The second paragraph asks for a study and possible recommended canonical language to provide for background checks where elected lay officers will have significant financial or supervisory authority. That preventive step may help avoid cases of potential misconduct and harm to people and the mission of the church.