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Friday, January 16, 2015

ACNA College of Bishop’s Communiqué Silent on Critical Issue of Episcopal Accountability


By Robin G. Jordan

The communiqué from the Anglican Church in North America’s College of Bishops’ recent Orlando meeting included under the heading of “College Affairs” this statement:
We then turned our attention to the development of a process for the care of a bishop’s soul should discipline be required for an act committed against our Lord and His Church. More information about the process can be found at this link. No member of the College is presently under disciplinary measures, thus making it a helpful time to develop a pastoral process.
What struck me about this process was its high potential for abuse. This particular section merits comment.
Then, when deemed right by the Archbishop, an appointed time is determined for the reconciliation of the bishop and his reception back into the fellowship of bishops.

And, if deemed appropriate by the Archbishop, with the College of Bishops in agreement, the full and complete restoration of the bishop to his office.
The provisions of the Anglican Church in North America’s constitution and canons do not give the College of Bishops the authority to make this kind of rule nor do the provisions of these governing documents recognize this authority as inherent in the College of Bishops.  Under the terms of Canon I.3.1 the College of Bishops “may order its life and develop such rules and procedures as it deems appropriate for its life and work.” What the College of Bishops is proposing to do in this resolution goes beyond the scope of Canon I.3.1. It is matter that should be dealt with in a canon, adopted by the Provincial Council, and ratified by the Provincial Assembly.

The provisions of ACNA’s governing documents do not give the Archbishop authority to determine the time for the reconciliation of a bishop and his reception back into the College of Bishops nor do they recognize this authority as inherent in the office of Archbishop. They also do not give the College of Bishops authority to sanction such an action nor do they recognize this authority as inherent in the College of Bishops.

With this resolution the College of Bishops is essential arrogating to the Archbishop and itself authority to which the Archbishop and the College of Bishops have no legitimate claim. Should the Archbishop and the College of Bishops apply this procedure in the case of a bishop under disciplinary measures, they themselves would be contravening the constitution and violating the canons and would guilty of a chargeable offense under the provisions of these governing documents.

This is not the first time that the College of Bishops has sought to arrogate to itself authority that it has no legitimate right to claim. I have in a number of previous articles documented several instances where the College of Bishops has colluded with the Archbishop and contravened the constitution and violated the canons. Disregard for constitutionalism and the rule of law appears to have become a part of the leadership culture of the Anglican Church in North America as has a lack of transparency.

The Anglican Church in North America has its share of dishonest, unscrupulous bishops. I have received credible reports about bishops who were not straightforward with people in their dealings, who have discriminated against ordination candidates because of their adherence to the Protestant and Reformed principles of the Anglican Church, principles which are based on the Scriptures and articulated in the Anglican formularies, and who have attempted to replace pastors who held to these principles with Anglo-Catholic clergy.

I personally have had dealings with a ACNA bishop who lied to me in such an easy, smooth way to suggest that I was not the first person to whom he had lied nor that it was the first occasion on which he had told a lie. The same bishop now occupies a high position in the ACNA hierarchy.

I cringe at every reference to the Anglican Church in North America’s “godly bishops” that I read on the Internet. The Scriptures do not identify a lying tongue as a mark of godliness. Hosea 4:2 lists widespread lying as an indicator of the degraded state into which the people of Israel have fallen. In his letter to the Church at Ephesus Paul urges the Ephesians, “Since you put away lying, Speak the truth, each one to his neighbor, because we are members of one another” (Ephesians 4:25). In Revelation 22:15 we read that not only “the sorcerers, the sexually immoral, the murderers” and “the idolaters” will be barred from the heavenly city but also “everyone who loves and practices lying.”

The Anglican Church in North America’s bishops do not deserve the adulation that they receive from certain quarters of the ACNA. They are fallible men like everyone else. They are inclined to sin like everyone else. They can and do make mistakes. They can and do sin.

The College of Bishops has shown no inclination to charge any of its members with what the canons identify as chargeable offenses, which include contravention of the constitution and violation of the canons. Arguably it would take a loud public outcry to force the College of Bishops to take such action against one of the bishops. To date the bishops’ cavalier attitude toward the province’s governing documents has not prompted such an outcry. Even if that should eventually happen, who is going to inhibit the College of Bishops, file presentments against it, and try it—the bishops themselves? Irreparable damage has already been done to the Anglican Church in North America’s leadership culture.

One way to require greater accountability from the College of Bishops would be change the provisions of Article X.5 and limit the College of Bishops to confirming that a bishop-elect meets the canonical requirements for the office of bishop and to appointing a new bishop for a diocese only in the case where the diocese is unable to agree on a new bishop and asks the College of Bishops to select a new bishop for it or where a diocese fails to elect a new bishop in a reasonable period of time such as within two years after a vacancy occurs. Such a constitutional change would be in keeping with the principle of subsidiarity to which the College of Bishops gives lip service but which it ignores in practice. A mandatory retirement age should also be incorporated into the constitution and the freedom of dioceses to impose other term limits on their bishops recognized and affirmed. This includes requiring periodic reviews of a bishop’s performance and the extension of a bishop’s term of office on the basis of the outcome of that review and with the agreement of the diocesan synod.

A practice that might also be implemented at the diocesan level is the requirement that a bishop-elect sign a letter of resignation and submit it to the diocese’s chancellor. In the event a bishop’s performance review was unsatisfactory and the diocesan synod determined not to extend his term of office, it would vote to accept the bishop’s resignation and initiate the procedure leading up to the election of a new bishop. In the case of a diocesan bishop a diocesan administrator appointed by the diocesan synod would carry out the administrative duties of the diocesan bishop until his successor was elected and took office.

Such provisions would give the diocese other options to rid itself of an unsatisfactory bishop beside presentment, trial, and removal of a bishop for a chargeable offense. A diocesan synod can call for a bishop’s resignation but it cannot force his resignation. No diocese should have to endure a bishop who shows himself to be unsuited for this important position of leadership in the diocese. Every diocese should have a procedure by which it can terminate its relationship with a bishop if it needs to take that step. The final decision on who should serve as a bishop of the diocese should be the diocese’s.

Such provisions would also ensure a steady flow of fresh leaders at the provincial and diocesan levels. They would not allow a particular group or party to dominate the College of Bishops and control who becomes a member of that body.

The problem is that the College of Bishops controls the legislative process in the Anglican Church in North America. Only legislation that it endorses is brought before the Provincial Council and eventually to the Provincial Assembly. There is no likelihood that the College of Bishops would permit the introduction of such a reform package, much less its approval, ratification, and implementation.

Congregations and clergy who do not hold to the ideology that the College of Bishops espouses and do not agree with the way that it is running the province have one choice. They can withdraw from the Anglican Church in North America and form a second alternative North American Anglican province, affiliate with another denomination, or become an independent Anglican church. This may be more difficult for some congregations than others as property canons vary from diocese to diocese and Article XII protects property rights of a congregation against the claims of the province but not those of the diocese.

Secession from the diocese and secession from the Anglican Church in North America is at the present time the only disciplinary measure that congregations and clergy in the ACNA can take against individual bishops and the College of Bishops. It is also the only way that they can register a vote of no-confidence against individual bishops and the College of Bishops.

After the experience of leaving the Anglican Church of Canada or the Episcopal Church in the USA, congregations and clergy that are unhappy with developments in the ACNA may be reluctant to break with the ACNA. The College of Bishops is presently taking advantage of their reluctance to impose an unreformed Catholic ideology upon the denomination, an ideology that affects the important areas of faith, doctrine, liturgy, and governance. If they do not want to be a part of such an ideological system, they have at this stage little choice but to leave. They have no hope of changing it from within.

It should be quite evident by now that the major goal of the Anglican Church in North America’s present leadership is to gradually rid the denomination of those who defend and uphold the Protestant and Reformed principles of the Anglican Church, which are based on the Scriptures and are articulated in the Anglican formularies. They clearly discriminated against this group of congregations and clergy in the ACNA’s liturgy and catechism.

It should be equally as evident that the ACNA’s present leadership also not interested in making room in the ACNA for those who are committed to the principle that the government of the Christian community properly belongs under God to the Church as a whole, both clergy and laity together, and not exclusively to the office of bishop or to any other particular office. The College of Bishops has arrogated to itself authority that the constitution and canons do not give the College of Bishops or recognize as inherent in the College of Bishops. The College of Bishops has usurped the role of the Provincial Council, the ACNA’s official governing body, in a number of key areas. The College of Bishops has representatives in all of the important committees and taskforces including the Executive Committee, as well as representatives in the Provincial Council. It vets all legislation that is brought before the Provincial Council.

On the other hand, the Anglican Church in North America’s largest representative body, the Provincial Assembly, plays a negligible role in the governance of the province. It rubber-stamps legislation that the College of Bishops has vetted and the Provincial Council approved. It has no legislative powers of its own. It cannot initiate legislation or modify legislation brought before it. It can make recommendations but it cannot appoint committees or conduct investigations or studies, thereby greatly limiting its ability to put forward meaningful suggestions. The Archbishop serves as its presiding office or someone appointed by him and controls its proceedings.  

The Anglican Church in North America operates more like a Roman Catholic province than an Anglican one, with the College of Bishops acting like a Roman Catholic Conference of Bishops.

While the Anglican Church in North America may contain congregations that are genuinely Anglican, maintaining the Protestant, Reformed, and evangelical character of the Anglican Church, the Anglican identity of the province itself is debatable. If the marks of a genuine Anglican province are full acceptance of the authority of the Scriptures and the Anglican formularies and the implementation of a real synodical form of church government, the ACNA does not by any stretch of the imagination fit the bill.

Also see
The Draft Preface to the Proposed ACNA Rite of Confirmation: An Evaluation

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