Bishop
Interim Actions
During the Intake stage, the Intake Officer should consult with the Bishop of the Diocese regarding any immediate responses that are appropriate to protect affected individuals, congregation, or the Church itself from any further harm. Interim actions include a Pastoral Direction, a Restriction on Ministry, placement on Administrative Leave, or an Agreement for Discipline. If any of these actions are taken, an Advisor should be appointed to consult with the clergyperson.
A Pastoral Direction (Title IV.7) is a written communication from the Bishop to the clergyperson involved, directing that clergyperson to address the behaviors involved. The Pastoral Direction is issued in the Bishop’s capacity as pastor, teacher, and overseer of the clergyperson. It must be directed to some matter or behavior which concerns the Doctrine, Discipline or Worship of The Episcopal Church or the manner of life and behavior of the clergyperson. It must clearly state the reasons for the issuance of the Pastoral Direction and the responses required of the clergyperson, and it must be provided promptly. (Title IV.7.2)
A Restriction on the Ministry (Title IV.7.4) of the clergyperson, or the placement on Administrative Leave, is issued by the Bishop, without notice or hearing. The Restriction or Leave must be (1) made in writing, (2) state clearly the reasons for which it is issued, (3) set forth any limitations or conditions to be imposed and the duration thereof, (4) describe any changes in compensation, if applicable, (5) be neither capricious or arbitrary or contrary to the Constitutions and Canons, (6) be promptly served on the clergyperson, and (7) advise the clergyperson of his or her right to have the matter reviewed by the Disciplinary Board.
A Restriction on Ministry or placement on Administrative Leave by the Bishop can be appealed by the clergyperson to the Disciplinary Board. (Title IV.7.10) The Panel of the Disciplinary Board reviewing the Restriction or placement on Leave can then approve and affirm the action taken “as is” or may determine that it is unwarranted. If the Panel finds that it is unwarranted, it may either terminate or modify the Restriction or Administrative Leave.
At any time before a disciplinary Order becomes effective, the Bishop or clergyperson who is the subject of a complaint of misconduct can propose an Agreement for Discipline to resolve the matter. The process for arriving at an Agreement for Discipline is described in the Bishop’s Scope of Role.
Participants
The Intake Officer often becomes alert to the possibility of continuing harm that is foreseeable, if no immediate steps are taken by the Bishop to intervene. That harm could be to individuals or to a congregation. If the Intake Officer has information indicating such risks, the Bishop should be immediately consulted to consider taking interim actions. In advising the Bishop, the Intake Officer needs to be thorough in describing the behaviors and the people or entities at risk.
If the Bishop imposes interim actions at this stage, it may be the first time the clergyperson being accused of misconduct becomes aware of the complaint. An Advisor will be appointed for the clergyperson, and consideration should be given about seeking advice from legal counsel. If the interim action involves a Restriction on Ministry or placement on Administrative Leave, there is a right of appeal of that decision for which specific procedures apply (
Title IV.7.11). Otherwise, failure to abide by the interim action may become a further Offense.
In considering the imposition of interim actions, the Bishop should weigh the circumstances of the case as they are then known and analyze the risk of harm to individuals, the congregation, and the Church in the absence of taking such actions. The Bishop needs to take into account the values of Title IV and the possibility that interim action may actually mitigate the adverse conditions and promote reconciliation and healing. Care must be taken that the interim actions do not unnecessarily cause harm or prejudice to the prospects of fairness in future proceedings.
The Chancellor must be prepared to advise the Bishop regarding the practical and legal implications of interim actions, the canonical prerequisites involved, and the means necessary to make them effective. In the event of an appeal, the Chancellor is invited to be present and may be heard by the Panel.
The Advisor must be able to explain the reasons for the use of interim actions, the procedures and prerequisites prescribed by the canons, the opportunity for appeal, and the expectations of compliance. The Advisor may also communicate information to the Bishop regarding any element of the interim action that is unclear or which may be impossible to implement as stated.
In all cases involving interim actions, the Church Attorney must receive the written action of the Bishop. In the event of an appeal, the Church Attorney is invited to be present and may speak during the Panel hearing on the appeal.
The attorney representing the clergyperson who is the subject of the interim action may assist the clergyperson with the appeal and represent the clergyperson in the hearing of the appeal.
Committees may be affected by the imposition of interim actions if the clergyperson is a member of the committee or is involved in a project of the committee. Staff may be involved in helping to implement the interim action, making arrangements for supply clergy, and assisting affected persons, families and the congregation. If the misconduct involves finances, the diocesan treasurer may be called in.
