Disciplinary Board

Section 1. Purpose. Those provisions of Title IV of the Canons of The Episcopal Church which are applicable to the Diocese are hereby incorporated as part of this Title. To the extent, if any, that any of the provisions of this Title are in conflict or inconsistent with the provisions of Title IV of the Canons of The Episcopal Church, the provisions of Title IV of the Canons of The Episcopal Church shall govern. Any terms not defined herein are defined in Title IV of the Canons of The Episcopal Church.

Section 2. Multi-Diocese Agreement. The Diocese may enter into an Agreement to develop and share a Disciplinary Board and/or other resources necessary to implement Title IV of the Canons of The Episcopal Church with one or more other dioceses as authorized by Canon IV.5.3(i) of the Canons of The Episcopal Church (an “Agreement”). An Agreement and any amendment to it must be signed by the Bishop and ratified by Convention in like manner as for an amendment to the Diocese’s Canons before becoming effective. During the effectiveness of an Agreement, the provisions of this Title below shall apply except as modified by the Agreement.

Section 3. Discipline Structure.

(a) Disciplinary Board. The Board shall consist of eleven persons, six of whom are members of the Clergy and five of whom are Laity.

(b) Clergy Members. The Clergy members of the Board shall be in good standing, and canonically and geographically resident in the Diocese.

(c) Lay Members. The lay members of the Board shall be confirmed Adult Communicants in Good Standing, and geographically resident in the Diocese.

(d) Election. The members of the Board shall be elected by the annual Diocesan Convention. Each member shall be elected for a three (3) year term; except, if a member is elected to fill a vacancy, the term of such member shall be the unexpired term of the member being replaced. The terms of the members shall commence on the day immediately after the conclusion of the Diocesan Convention in which they are elected. The terms of office of the Board shall be staggered and arranged into three classes.

(e) Election of First Disciplinary Board. The Bishop, with the advice and consent of the Standing Committee, shall appoint the initial members of the Disciplinary Board. The term of the initial members of the Disciplinary Board shall be from July 1, 2011 until the conclusion of the 2012 Diocesan Convention. At the 2012 Diocesan Convention, the Convention shall elect all eleven members of the Disciplinary Board. Of the six clergy members, two shall serve a one year term, two shall serve a two year term, and two shall serve a three year term. Of the five lay members of the Disciplinary Board, one shall serve a one year term, two shall serve a two year term, and two shall serve a three year term. Beginning at the 2013 Diocesan Convention and each Diocesan Convention thereafter all persons elected to the Disciplinary Board shall be elected to a three year term in accordance with the terms of Section 3(d) above.

(f) Vacancies. Vacancies on the Board shall be filled as follows:
(i) If a vacancy is created for any reason other than pursuant to a challenge as provided below, the term of any person selected as a replacement Board member shall be until the next Diocesan Convention. If a vacancy results from a challenge, the replacement Board member shall serve only for the proceedings for which the elected Board member is not serving as a result of the challenge.
(ii) The Standing Committee shall appoint replacement Board members.
(iii) Persons appointed to fill vacancies on the Board shall meet the same eligibility requirements as elected Board members.
(iv) When a vacancy exists, the President of the Board shall notify the President of the Standing Committee and the Bishop of the vacancy and request appointment of a replacement member of the same order as the member to be replaced.

(g) Preserving Impartiality. In any proceeding under this Title, if any member of any panel of the Board at any stage of the process shall become aware of a personal conflict of interest or undue bias, that member shall immediately notify the President of the Board and request a replacement member of the Panel. Respondent’s Counsel and the Church Attorney shall have the right to challenge any member of a Panel for conflict of interest or undue bias by motion to the Panel for disqualification of the challenged member. The members of the Panel not the subject of the challenge shall promptly consider the motion and determine whether the challenged Panel member shall be disqualified from participating in that proceeding.

(h) President. Within sixty (60) days following the Diocesan Convention, the Board shall convene to elect a President to serve one annual term beginning upon the day of selection until the date the following year that the next President is selected.

(i) Intake Officer. After consultation with the Board, the Bishop shall appoint one or more Intake Officers. The Bishop shall publish the name(s) and contact information of the Intake Officer(s) throughout the Diocese.

(j) Investigator. After consultation with the President of the Board, the Bishop shall appoint one or more Investigator(s). The Investigator may, but need not, be a Member of the Church.

(k) Church Attorney. Within sixty (60) days following each Diocesan Convention, the Bishop, with the advice and consent of the Standing Committee, shall appoint an attorney to serve as Church Attorney for the following calendar year. The person so selected must be a Member of the Church and a duly licensed attorney, but need not reside within the Diocese.

(l) Pastoral Response Coordinator. The Bishop may appoint a Pastoral Response Coordinator, to serve at the will of the Bishop in coordinating the delivery of appropriate pastoral responses provided for in Title IV.8 of the Canons of General Convention. The Pastoral Response Coordinator may be the Intake Officer, but shall not be a person serving in any other appointed or elected capacity under this Title.

(m) Advisors. In each proceeding under this Title, the Bishop shall make available an Advisor for the Complainant and an Advisor for the Respondent. Persons serving as Advisors shall hold no other appointed or elected position provided for under this Title, and shall not include the Chancellor or any Vice Chancellor of this Diocese or any person likely to be called as a witness in the proceeding. No Respondent or Complainant shall be required to accept the services of any Advisor made available by the Bishop. Any Respondent or Complainant may use the services of any Advisor of his or her choice after designating that person as Advisor in writing to the Intake Officer.

(n) Clerk. The Board shall appoint a Board Clerk to assist the Board with records management and administrative support. The Clerk may be a member of the Board.

Section 4. Costs and Expenses.

(a) Costs Incurred by the Church. The reasonable costs and expenses of the Board, the Intake Officer, the Investigator, the Church Attorney, the Board Clerk and the Pastoral Response Coordinator shall be the obligation of the Diocese, subject to budgetary constraints.

(b) Costs Incurred by the Respondent. In the event of a final Order dismissing the complaint, or by provisions of an Accord approved by the Bishop, the reasonable defense fees and costs incurred by the Respondent may be reimbursed by the Diocese, subject to budgetary constraints.

Section 5. Records.

(a) Records of Proceedings. Records of active proceedings before the Board, including the period of any pending appeal, shall be preserved and maintained in the custody of the Clerk, if there be one, otherwise by the Diocesan offices.

(b) Permanent Records. The Bishop shall make provision for the permanent storage of records of all proceedings under this Title at the Diocese and the Archives of The Episcopal Church, as prescribed in Title IV of the Canons of The Episcopal Church.