Resolution Number: | 2022-A048 | |
---|---|---|
Title: | Amend Canons and Rules of Order to Implement Task Force on Budget Process Recommendations | |
Legislative Action Taken: | Concurred as Amended | |
Final Text: |
That Canons I.1.2.m, I.1.2.o, I.1.8, I.1.9, I.1.11, I.1.13, I.2.6, I.2.8, I.4.3, I.4.5, I.4.6.a, I.4.6.c, I.4.6.i, I.5.5, I.9.10; House of Bishops Rule of Order V.D.d and VIII.I; House of Deputies Rule of Order VI.C.3.v.a and IX.A.1.ii.a.1; and Joint Rules of Order II.10, IV.14, and VII.21, be amended as follows:
Canon I.1.2.m
m. Every Commission whose Report requests expenditure out of the budget funds of the The Episcopal Church budget General Convention (except for the printing of the Report) shall include that request in its report to the General Convention and in accordance with Canon I.4.6 present
to the Joint Standing Committee on Program, Budget, and Finance its
written request, on or before the first business day of the session.
Resolutions requiring additional expenditures shall be immediately
referred to the Joint Standing Committee on Program, Budget, and
Finance. No resolution involving such expenditures shall be considered
unless so presented and until after report of the Joint Standing
Committee on Program, Budget, and Finance.
Canon I.1.2.o
o. Following the adjournment of a
General Convention, and subject to budgeted funds available for the
purpose, the Presiding Bishop and the President of the House of
Deputies, having reviewed the resolutions adopted by the General
Convention that provide for any study or further action, shall thereupon
recommend to the Executive Council, the creation of such study
committees and task forces as may be necessary to complete that work.
Any Executive Council resolution creating a task force or study
committee shall specify the size and composition, the clear and express
duties assigned, the time for completion of the work assigned, to whom
the body’s report is to be made, and the amount and source of the
funding for the body. The members of each such body shall be jointly
appointed by the Presiding Bishop and the President of the House of
Deputies, and the composition of such committees and task forces shall
reflect the diverse voices of the Church and a balance of the Church’s
orders consistent with the historic polity of the Church. Those
committees and task forces so appointed shall expire at the beginning of
the next General Convention following, unless reappointed by the
Presiding Bishop and President of the House of Deputies and reauthorized
by the Executive Council.
Canon I.1.8
Sec. 8. The General Convention shall adopt, at each regular meeting, a budget for The Episcopal Church, including to provide for
the contingent expenses of the General Convention, the stipend of the
Presiding Bishop together with the necessary expenses of that office,
the necessary expenses of the President of the House of Deputies
including the staff and Advisory Council required to assist in the
performance of the duties and matters related to the President’s office,
and the applicable Church Pension Fund assessments. To defray the
expense of this budget, an assessment shall be levied upon the Dioceses
of the Church in accordance with a formula which the General Convention shall adopt as part of this The Episcopal Church budget Expense Budget. It shall be the duty of each Diocesan Convention to pay its assessment forward to the Treasurer of the General Convention according to the schedule established by the Executive Council annually, on the first Monday of January, the amount of the assessment levied upon that Diocese.
Canon I.1.9
Sec. 9. The Treasurer of the General Convention shall have authority to borrow, in behalf and in the name of the Executive CouncilGeneral Convention, such a sum as may be judged by the Treasurer to be necessary to help paydefray the expenses of tThe Episcopal Church budget adopted under Canon I.1.8 General Convention, with the approval of the Presiding Bishop and the Executive Council.
Canon I.1.11
The Treasurer shall submit to the General Convention at each
regular meeting thereof a detailed budget in which the Treasurer
proposes to request appropriations for the ensuing budgetary period and
shall have power to expend all sums of money covered by this budget,
subject to such provisions of the Canons as shall be applicable.
Canon I.1.13
Sec. 13.
a. There shall be an Executive Office of the General Convention, to be headed by a General Convention Executive Officer to be appointed jointly by the Presiding Bishop and the President of the House of Deputies with the advice and consent of the Executive Council. The Executive Officer shall report to and serve at the pleasure of the Executive Council.
b. The Executive Office of the General Convention shall include the
functions of the Secretary of the General Convention and the Treasurer
of the General Convention and those of the Manager of the General
Convention and, if the several positions are filled by different
persons, such officers shall serve under the general supervision of the
General Convention Executive Officer, who shall also coordinate the work
of the Committees, Commissions, Boards and Agencies funded by theThe Episcopal ChurchGeneral Convention Expense Budget budget.
Canon I.2.6
Sec. 6. The stipends of the Presiding
Bishop and such personal assistants as may be necessary during the
Presiding Bishop’s term of office for the effective performance of the
duties, and the necessary expenses of that office, shall be fixed by the
General Convention and shall be provided for in the budget to be
submitted by the TreasurerExecutive Council, as provided in the Canon I.4.6, entitled, “Of the General Convention.”
Canon I.2.8
Sec. 8. Upon the acceptance of the
Presiding Bishop’s resignation for reasons of disability prior to the
expiration of the term of office, the Presiding Bishop may be granted,
in addition to whatever allowance may be received from The Church
Pension Fund, a disability allowance to be paid by the Treasurer of the
General Convention in an amount to be fixed by the Executive CouncilJoint Standing Committee on Program, Budget, and Finance, and ratified at the next regular meeting of the General Convention.
Canon I.4.3
Sec. 3. Upon joint nomination of the
Chair and the Vice-Chair, the Executive Council shall elect an Audit
Committee of the Council and the Domestic and Foreign Missionary
Society. The Committee shall be composed of six members: one from the
Executive Council committee with primary responsibility for financial
matters;, one from the Joint Standing Committee on Program, Budget, and Finance;and the remaining fourfive from
members of the Church-at-large having experience in general business
and financial practices. The members shall serve for a term of three
years beginning on January 1 following a regular meeting of the General
Convention or immediately following their appointment, whichever comes
later, and continue until a successor is appointed, and may serve two
consecutive terms, after which a full triennium must elapse before being
eligible for re-election. Annually the Audit Committee shall elect a
Chair of the Committee from among its members. The Audit Committee shall
regularly review the financial statements relating to all funds under
the management or control of the Council and the Domestic and Foreign
Missionary Society and shall report thereon at least annually to the
Council.
Upon recommendation of the Audit Committee, the Executive Council shall employ on behalf of the Council and the Domestic and Foreign Missionary Society an independent Certified Public Accountant firm to audit annually all accounts under the management or control of the Council and Domestic and Foreign Missionary Society. After receipt of the annual audit, the Audit Committee shall recommend to the Council and the Domestic and Foreign Missionary Society what action to take as to any matters identified in the annual audit and accompanying management letter. The responsibilities of the Audit Committee shall be set out in an Audit Committee Charter. The Audit Committee shall review, at least annually, the Committee's Charter and recommend any changes to the Executive Council for approval.
Canon I.4.4
Sec. 4. The Executive Council may establish by its By-laws Committees and ad hoc working
groups or task forces, which may include or consist of non-members, to
be nominated jointly by the Chair and Vice-Chair and appointed by the
Council, as may be necessary to fulfill its fiduciary responsibility to
the Church. All Committees and ad hoc working
groups and task forces of Executive Council will cease to exist at the
close of the next General Convention following their creation unless
extended by Executive Council. Executive Council may revoke, rescind, or
modify the mandate or charter of all Executive Council Committees, ad hoc working groups and task forces not otherwise created by Canon.
Following the adjournment of a General Convention, and subject to budgeted funds available for the purpose, the Chair and the Vice-Chair, having reviewed the resolutions adopted by the General Convention that provide for any study or further action, shall thereupon recommend to the Executive Council, the creation of such study committees and task forces as may be necessary to complete that work. Any Executive Council resolution creating a task force or study committee shall specify the size and composition, the clear and express duties assigned, the time for completion of the work assigned, to whom the body’s report is to be made, and the amount and source of the funding for the body. The members of each such body shall be jointly appointed by the Chair and Vice-Chair, and the composition of such study committees and task forces shall reflect the diverse voices of the Church and a balance of the Church’s orders consistent with the historic polity of the Church. Those study committees and task forces so appointed shall expire at the beginning of the next General Convention following, unless reappointed by the Chair and Vice-Chair and reauthorized by the Executive Council.
Canon I.4.6
Sec. 6
a. Following open and accessible budget hearings, Aat least
four months prior to the next regular meeting of the General
Convention, the Executive Council shall submit to the Secretary of the
General Convention a proposed Episcopal Church budget for the ensuing
budgetary period (as used in this Section 6, the "budget"). The ensuing budgetary period shall comprise the calendar years starting with the January 1st
following the adjournment of the most recent regular meeting of the
General Convention and ending with the December 31st following the
adjournment of the next regular meeting of the General Convention.The
Executive Council shall submit to the Joint Standing Committee on
Program, Budget, and Finance the proposed Budget for The Episcopal
Church for the ensuing budgetary period, which budgetary period shall be
equal to the interval between regular meetings of the General
Convention. The proposed Budget shall be submitted not less than four
months before the ensuing General Convention is convened.
b. Revenue to support the bBudget for The Episcopal Church shall
be generated primarily by a single assessment of the Dioceses of the
Church based on a formula which the General Convention shall adopt as
part of its Budget process. If in any year the total anticipated income
for bBudget support is less than the amount required to support the bBudget approved by the General Convention, the canonical portion of the bBudget for The Episcopal Church shall have funding priority over any other budget areas subject to any decreases necessary to maintain a balanced bBudget.
c. After the preparation of the
Budget, the Treasurer shall, at least four months before the sessions of
the General Convention, transmit to the Bishop of each Diocese and to
the President of each Province a statement of the existing and the
proposed assessments necessary to support the proposed Budget for The
Episcopal Church. The Joint Standing Committee on Program, Budget, and
Finance shall also submit to the General Convention, with the Budget, a
plan for the assessments of the respective Dioceses of the sum needed to
execute the Budget.
d. c. Following open and accessible legislative hearings on the budget held within 90 days of the General Convention and also at General Convention,T there shall be joint sessions of the two Houses for the presentation of the bBudget for The Episcopal Church; and thereafter consideration shall be given and appropriate action taken thereon by the General Convention.
e. d. Upon the adoption by the General Convention of a bBudget for The Episcopal Church and
the planned assessments for the budgetary period, the Council shall
formally advise each Diocese of its share of the total assessments to
support the bBudget for The Episcopal Church.
f. e. Full payment of the diocesan assessment shall be required of all Dioceses, effective January 1, 2019.
g. f. Effective January 1, 2016Council
shall have the power to grant waivers from the full annual assessments
of Dioceses within the limit established by the General Convention. Any
diocese may appeal to Executive Council for a waiver of the assessment,
in full or in part, on the basis of financial hardship, a stated plan
for working toward full payment, or other reasons as agreed with the
Executive Council. Effective January 1, 2019, failure to make full
payment or to receive a waiver shall render the diocese ineligible to
receive grants or loans from the Domestic and Foreign Missionary Society
unless approved by Executive Council.
h. g. The Council shall have the power to expend all sums of money covered by the bBudget and estimated bBudgets
approved by the General Convention, subject to such restrictions as may
be imposed by the General Convention, including but not limited to the
priority declaration set forth in Section 6.b of this Canon. It shall
also have power to undertake such other work provided for in the bBudget
approved by the General Convention, or other work under the
jurisdiction of the Council, the need for which may have arisen after
the action of the General Convention, as in the judgment of the Council
its income will warrant.
i. h. In respect of the bBudget for The Episcopal Church the
Executive Council shall have the power to consider and vote to make
such adjustments therein, or additions thereto, as it shall deem to be
necessary or expedient, and which, in its judgment, available funds and
anticipated income will warrant subject to such restrictions as may be
imposed by the General Convention. It shall also have power to approve
other initiatives proposed by the Chair or otherwise considered by
Council, in consultation with the Chair of the Joint Standing Committee on Program, Budget and Finance, between
meetings of the General Convention, as in the judgment of the Council
are prudent and which the Church revenues will be adequate to support.
j. i. Each
Diocese shall annually report to the Executive Council such financial
and other information pertaining to the state of the Church in the
Diocese as may be required in a form authorized by Executive Council.
k. j. Each
Diocese shall report annually to the Executive Council the name and
address of each new congregation, and of each congregation closed or
removed by reason of any of the following:
1. dissolution of the congregation;
2. removal of the congregation to another Diocese due to cession or retrocession of geographic territory in which the congregation is located, pursuant to Articles V.6 or VI.2 of the Constitution;
3. removal of the congregation to a new physical location or address, identifying both the location or address from which the congregation has removed, and the successor location or address; and
4. merger of the congregation into one or more other congregations, in which case, the Diocese shall include in its report the names of all congregations involved in the merger, and the physical location and address at which the merged congregations shall be located.
Canon I.5.5
Sec. 5. The expenses of the Archives of The Episcopal Church shall be shared by included in the General Convention budget for The Episcopal Churchand the Executive Council.
Canon I.9.10
Sec. 10. The Synod of a Province may
take over from the Executive Council, with its consent, and during its
pleasure, the administration of any given work within the Province. If
the Province shall provide the funds for such work, the constituent
Dioceses then members of, and supporting, such Province shall receive
proportional credit therefor upon the quotas assigned to them for the
support of the Program of the Church, provided that the total amount of
such credits shall not exceed the sum appropriated in the budget of the
Executive Council for the maintenance of the work so taken over.
RULES OF ORDER
House of Bishops Rules of Order
Note: Under House of Bishops Rule of Order V.O.2, those Rules of Order may only be amended by the House of Bishops – not by the General Convention. The Task Force, and the Bishops serving on it, recommend that the House of Bishops amend its Rule of Order V.D.d as follows.
House of Bishops Rule of Order V.D.d
d. Before final consideration by the House, the Joint Standing
Committee on Program, Budget, and Finance (PB&F) shall have been
informed by the Committee considering any proposed action which, if
adopted by General Convention, would require an appropriation of funds
and PB&F shall have acknowledged receipt of such information by
endorsement on the committee report or by other appropriate means.
Implementation of any such resolution is subject to funding in the
budget.
House of Bishops Rule VIII.I
I. Whenever the House shall make a determination under Article I.2 of the Constitution that a resigned Bishop shall or shall not retain a seat and vote in the House, the following understanding of the intent of the pertinent terms of that provision of the Constitution shall apply:
1.“advanced age” shall mean at least 62 years of age;
2.“bodily infirmity” shall mean either a condition for which one is eligible for disability retirement benefits from the Church Pension Fund or Social Security Administration, or a physical or mental impairment that a physician or psychiatrist(approved by the Presiding Bishop) certifies would likely result in eligibility for such disability retirement benefits should the Bishop continue in active episcopal ministry;
3.“office created by the General Convention” shall mean a ministry funded by the General Convention Budget The Episcopal Church budget and approved by the Presiding Bishop; and
4.“mission strategy” shall mean a strategy that would allow the election of an indigenous member of the clergy of a non-domestic diocese as Bishop, or that would allow a diocese to implement a new mission strategy as determined by the Presiding Bishop, or that would allow a transition in episcopal leadership after a Diocesan Bishop or Bishop Suffragan has served 10 or more years in either or both of those offices.
House of Deputies Rules of Order
Note: Under House of Deputies XIX.A, those Rules of Order may only be amended by the House of Deputies – not by the General Convention. The Task Force, and the Deputies serving on it, recommend that the House of Deputies amend its Rules of Order VI.C.3.v.a and IX.A.1.ii.a.1, as follows.
House of Deputies Rule of Order VI.C.3.v.a
3. Placing items on the Consent Calendar. Every Committee Reports on Resolutions or other matters will be placed on the Consent Calendar automatically unless:
i. the committee votes to exclude it from the Consent Calendar;
ii. it is removed in accordance with these Rules;
iii. the Rules of Order, the Joint Rules of Order, the Canons, or the Constitution require a different procedure for considering the item;
iv. the item has been set by a Special Order of Business; or
v. the item is one of the following:
a. a report from the Joint Standing Committee on Program, Budget and Finance;
b.a. an election;
c.b. a Resolution of privilege or courtesy;
d.c. the confirmation of the election of the Presiding Bishop.
House of Deputies Rule of Order IX.A.1.ii.a.1
A. General Rules on Other Committees
1. Appointment and Creation
i. The President may designate other Committees for the work of the House of Deputies at General Convention no later than 90 days before the first legislative day of General Convention except that Conference Committees will be appointed during General Convention as needed.
ii. The Committees may include the following and any others that the President designates:
a. Resolution Review
1. The Resolution Review Committee will review all Resolutions
submitted prior to General Convention to review that they are consistent
with the polity of this Church, and that they are in the form required
by the Canons, and to assess whether they have funding implications.
Joint Rules of Order
Pursuant to Joint Rule of Order X.25, the Task Force Recommends that the Joint Rules of Order be amended as follows.
Joint Rule of Order II.10
II: Joint Standing Committee on Program, Budget, and Finance
10.
a. There shall be a Joint Standing
Committee on Program, Budget, and Finance, consisting of 27 persons
being members of the General Convention (one Bishop, and two members of
the House of Deputies, either Lay or Clerical, from each Province), who
shall be appointed not later than the fifteenth day of December
following each regular Meeting of the General Convention, the Bishops to
be appointed by the Presiding Bishop, the Deputies by the President of
the House of Deputies.
The Secretary of the General Convention and the Treasurer of the
General Convention and the Chief Financial Officer of the Executive
Council shall be members ex officiis, without vote.
The Joint Standing Committee may appoint advisers, from time to
time, as its funds warrant, to assist the Joint Standing Committee with
its work.
b. Organization. The Joint Standing Committee shall elect its Chair from its membership, and such other officers as needed.
The Joint Standing Committee shall be organized in Sections, which
shall conform to the major subdivisions of the Budget, as well as
Sections on Funding and Presentation, the size and composition of the
several Sections to be determined by the Joint Standing Committee.
The Chairs of each Section shall be elected by the Joint Standing
Committee; the several Sections shall elect their own Secretaries from
among their own membership.
The Joint Standing Committee may refer to a Section any of the duties imposed upon it by this rule; provided, however, that final action on Budget shall be taken only by the full Committee, either in meeting assembled or by a vote by mail.
c. During the interim between
regular Meetings of the General Convention, the Joint Standing Committee
shall act in an advisory capacity to the officers of the General
Convention and to the Executive Council, holding such meetings as may be
deemed necessary for the purpose.
Meetings of the Joint Standing Committee shall be called by the Chair, or upon the request of any five members thereof.
In respect of the Budget for The Episcopal Church, the Joint
Standing Committee shall have the power to consider, and either by a
vote by mail, or in meeting assembled, to make such adjustments therein,
or additions thereto, as it shall deem to be necessary or expedient,
and which, in its judgment, available funds and anticipated income will
warrant; and it shall likewise have the power to adjust the annual
askings of Dioceses within the limit established by the General
Convention.
With regard to the General Church Program, the Joint Standing Committee shall:
i. Meet and consult with the Executive Council, or its
Administration and Finance Committee, on adjustments to the program
priorities, and on alternate income generating resources;
ii. Receive from the Executive Council, not less than four months
prior to the meeting of General Convention, the proposed General Church
Program for the upcoming triennium, including a proposed detailed Budget
for the year next following that of such Convention;
iii. Meet in such places as it shall determine, sufficiently in advance of the next General Convention to expedite its work;
iv. Conduct hearings upon such proposed Program and Budget; and
v. Consider such proposed Program and Budget and report thereon to the next succeeding General Convention.
d. Not later than the third day
prior to the adjournment of each regular meeting of the General
Convention, the Joint Standing Committee shall report to a Joint
Session, pursuant to Canon, a proposed Budget for The Episcopal Church
for the ensuing Convention period, subject to the approval of the said
Budgets subject also to increase, reduction, or elimination of items,
based on open hearings held during the General Convention and by
subsequent concurrent action by the House of Deputies and the House of
Bishops.
Joint Rule of Order IV.14
IV: Supplemental Money Bills
14. After the adoption of the Budget for The Episcopal Church, any
resolution calling for the expenditure of any moneys (or containing
implied funding) shall be unfunded.
Subsequent sections V - X should be renumbered.
Joint Rule of Order VII.21
VII.21.
a. The Joint Standing Committee on Nominations, through the Office of the Secretary of General Convention, will secure background checks on its and any other nominees for Secretary of the General Convention, Treasurer of the General Convention, President of the House of Deputies, Vice President of the House of Deputies, Executive Council, and Trustee of The Church Pension Fund. These background checks will cover criminal records checks and sexual offender registry checks in any state where a proposed nominee has resided during the prior seven (7) years, any appropriate professional licensing bodies with jurisdiction over a nominee’s professional status and any violations of state or federal securities or banking laws. The records checks of proposed nominees from outside the United States will cover the same information from comparable authorities in the place of principal residence of the proposed nominee.
b. The required background check will be done prior to accepting a proposed nomination.
c. Background check results will be
reviewed by the Office of the Secretary of General Convention. If that
Office, after consultation with the Chief Legal Officer, determines that
the results should preclude a person from holding the office sought,
the Office shall share the determination with the proposed nominee and
remit that determination, but not the background check results, to the
nominating authority. Background check information shall not be shared
beyond the Office of the Secretary of General Convention, the Chief
Legal Officer, and proposed nominees who request their own information.
The cost of background checks under this rule shall be covered by the General ConventionThe Episcopal Church budget.