Petition 90033

Petition 90033 as amended by Legislative Committee amending Paragraph 408.3 c):

Petition 90033 (ADCA at 182), Calendar Item 5 (DCA 383) – Amends ¶ 408.3 of the Discipline to provide a process by which the Council of Bishops may place any bishop in the retired relationship with or without their consent. In Decision 1366, the Judicial Council held this petition unconstitutional because members of the council relations committee and administrative review committee participated in both the prosecutorial and adjudicative functions. The Legislative Committee addressed this concern by amending the petition to provide that members of the council relations committee and the administrative review committee shall not vote on the decision made by the Council of Bishops. In Decision 1366, the Judicial Council also held this petition unconstitutional because the lack of a provision granting a right of appeal from the action of the Council of Bishops. The Legislative Committee was precluded from addressing an amendment that would have been proposed to grant such a right of appeal. In Decision 1377, the Judicial Council held that the amendment by the Legislative Committee cured the first infirmity, but that the lack of appeal still existed.  Parliamentary maneuvering during the February 26 plenary session prevented the proposed amendment to provide for an appeal from being made. Thus, petition 90033 most likely will be held unconstitutional because of the lack of a right of appeal being provided.

Paragraph 408.3 c) as adopted by the Legislative Committee and by the plenary session is as follows:

By a majority vote of those present and voting, the members of the Council of Bishops may place any bishop in the retired relation with or without their consent and irrespective of their age if such a relation is recommended by the council relations committee. Members of the council relations committee and administrative review committee shall not vote on this matter. The procedures for fair process in administrative hearings shall be followed in any involuntary retirement procedure (¶ 422.5). Written notice also should be given to the chairperson of the administrative review committee (¶ 422.6).