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PASSED
149/146
RESOLUTION FAILED
YES: CLERGY 37 / LAY 92 [129]
NO: CLERGY 61 / LAY 117 [178]
Resolved, that this 54th Convocation of the Episcopal Diocese
of the Rio Grande (THE DIOCESE), recognizing the authority of
I Corinthians 6:1-8 in disputes among Christians, commends the
following principles to guide the Bishop, Council, and Trustees
should one of its member parishes or self-supporting missions
attempt to sever its relationship with the Diocese. To wit:
1. The presenting issue must generally be recognized as a communion
issue by the four Anglican Communion Instruments of Unity (Anglican
Consultative Council, Primate's Meeting, Archbishop of Canterbury,
and
the Lambeth Conference), and the departing congregation must be
received into a constituent diocese of the Anglican Communion.
2. A decision to sever relationship with the Diocese of the Rio
Grande must be made by at least three-quarters of the qualified
voters of the congregation in a manner agreed to by the Diocesan
Council consistent with its canons and the by-laws of the congregation.
The Trustees of the Diocese and the Executive Council of The Episcopal
Church shall be notified immediately of this action.
3. The parish or mission must be legally incorporated. Upon the
decision to sever its relationship with the diocese, as described
in principle 2, the departing congregation shall enter into a
release and indemnity agreement with the Diocese.
4. All obligations incurred up to the date of the congregation's
departure, including notes held by or secured by the Diocese,
fair share, and pension and insurance assessments for its clergy
and staff must be satisfied, and the congregation must conduct
a certified audit and submit it to the diocesan Treasurer.
5. During this transition the departing congregation will continue
its support for the mission of the Diocese (equal to the average
annual fair share it had been assessed the previous three years
and adjusted annually by the appropriate cost-of-living index
as published by the New Mexico and Texas labor departments). The
departing congregation will enter into negotiations with the Diocese
of the Rio Grande in order to reach agreement on a settlement
consistent with Diocesan Canon 6 and the Episcopal Church's Title
I, Canon 7.3-4. All negotiations will be guided by the principle
that the goal is to further, in the best possible manner, the
ministry and mission of the
Kingdom of God. In the event that the parties are unable to reach
agreement, the matter may be arbitrated by a mutually acceptable
independent third party.
6. The Diocese expects any congregation which chooses to leave
the Diocese will treat those who choose to remain in a fair and
equitable manner, paying special attention to pastoral issues
created by a decision to depart.
7. Associated clergy who depart must immediately resign their
orders in the Episcopal Church as prescribed by canon or be transferred
to another bishop or ecclesiastical authority as prescribed by
canon or in a manner approved by the Archbishop of Canterbury.
Associated clergy who remain in communion with the Episcopal Church
are entitled to reasonable severance as approved by the Bishop
and Standing Committee.
8. All parties will covenant together to pray for each other,
avoid criticizing each other, and cooperate insofar as possible
in the work of the Gospel.
9. The diocesan Trustees shall retain security in the real property,
endowments and emoluments of the congregation until the Trustees
have been satisfied that this resolution has been complied with
in all
essentials.
10. If at any point after severing relationship with the Diocese
a departing congregation desires to restore a pastoral relationship
with the Diocese of the Rio Grande, it will be welcomed home.
Explanation
When a member congregation becomes so alienated from The Episcopal
Church that it seeks to sever its relationship with it, the diocese
is faced with a difficult situation. In the event that a departing
congregation attempts to retain its property and assets, the diocese
is expected to pursue legal remedies to enforce its claims. The
diocese usually prevails in this dispute, but often only after
long and expensive litigation that weakens and embitters all parties
and damages the Church's reputation.
The Bishop believes that a negotiated settlement that ultimately
permits a congregation to retain real property and assets does
acknowledge the authority of both diocesan and national canons
and the fiduciary responsibility of the diocesan officers. This
approach has been used successfully in other cases in the Episcopal
Church, so that
conflict is resolved in a way that is not injurious to the mission
of the Church but may in fact enhance it. The advantage of establishing
such principles before congregations attempt to leave is obvious.
Resolutions submitted from members of The Diocese (Not Task Force
on Communion)
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