Title IV continues to attract debate

first_img Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Associate Rector for Family Ministries Anchorage, AK [Episcopal News Service] Episcopal Church canons have expressed concern about clergy behavior since the General Convention in 1789 made it wrong for clergy — except “for their honest necessities” — to “resort to taverns, or other places most liable to be abused to licentiousness.”That original Canon 13 also warned that clergy who “[gave] themselves to base or servile labor, or to drinking or riot, or to spending their time idly” would face a range of disciplinary actions.The church ever since has been refining its answer to the question of how best to discipline errant clergy. The tradition continued at the recent 77th meeting of General Convention when bishops and deputies tweaked the current version of the Title IV disciplinary canons that have been in use for just more than a year. And there could well be more changes to come.The 2012 adjustments, accomplished via Resolution A033, primarily involved clarification of certain definitions, as well refining and clarifying parts of the process.However, the bishops and deputies meeting in July 5-12 in Indianapolis also told the church’s Standing Commission on Constitution and Canons to undertake a comprehensive review over the next three years of Title IV’s implementation. Resolution C049, proposed by the Diocese of Albany, directs the standing commission to determine “the extent to which the elements of safety, truth-telling, healing, and reconciliation are being effected” as first intended by the 2006 resolution (2006-A153), which authorized the work that resulted in the current iteration.Convention also agreed with the Diocese of Central Florida’s request (in Resolution C116) to have Constitution and Canons review the constitutionality of two provisions of Title IV. One gives the presiding bishop authority to restrict the ministry of a diocesan bishop for an alleged offense without the consent of the diocese’s standing committee or, in the case of alleged abandonment, without the consent of the church’s three senior bishops as was required in the prior version of Title IV.The other involves Title IV’s perceived violation of Article IX in the church’s Constitution, which says priests and deacons “shall be tried by a Court instituted by the Convention of the Diocese.” Some dioceses, including Central Florida, have questioned whether General Convention can prescribe a church-wide system for disciplining diocesan clergy because they contend Article IX allocates that authority to the dioceses. Such a church-wide system has existed since at least 1994.The drafters of the current version of Title IV, which went into effect July 1, 2011, always anticipated the need for changes.“You can’t institute the scope of the changes to the new Title IV without tweaks that need to be worked out,” Diane Sammons, chancellor of the Diocese of Newark, who just completed a six-year term on the Constitution and Canons commission (the last three as chair), said during a recent interview with ENS. “Everybody on the [commission] understood that and everybody that’s worked with Title IV understands that there’s not going to be perfection in the first draft of it and that we’re going to have to continue to live and breathe it and make changes while staying, hopefully, loyal to the concepts of it and the theology behind it.”Steve Hutchinson, Diocese of Utah chancellor who chaired of the House of Deputies’ legislative committee on canons during convention, agreed, adding that “we know we probably didn’t get them all and there’ll be a few more, and maybe some that nobody’s thought yet” — that refinements, but “not big sweeping changes of direction or philosophy,” were anticipated.Sammons added that maintaining a balance between perfecting the canons while remaining true to their new spirit is “going to be the challenge.”Part of the challenge comes because at least some Episcopalians dislike the revised Title IV.Some objections to the revised Title IV“Procedurally it’s a disaster. In terms of what it’s done to clergy rights it’s more than a disaster,” Diocese of Newark Alternate Deputy Michael Rehill told ENS. “It needed basic total revision. It was adopted hastily without anybody apparently having any thought about how it was actually going to work in some respects.”In other ways, Rehill, insists, the drafters knew exactly what they were doing. He says their intent was to take away “all the rights of clergy” and give “incredible power to bishops to get rid of priests.”Rehill, a former Diocese of Newark chancellor, is the chief operating officer of Canon Lawyer, which defends Episcopal clergy in disciplinary matters.And, the Rev. Canon Christopher Seitz, the Rev. Dr. Philip Turner, the Rev. Dr. Ephraim Radner and attorney Mark McCall, writing for the Anglican Communion Institute, have consistently opposed the revised Title IV and some of its applications. In October 2011 they called Title IV “a bad canon being implemented badly.” They called for its repeal and a return the previous version, which they said “provides adequate due process for those charged, does not expand unconstitutionally the powers of the Presiding Bishop, and not least is understood by those charged with administering it.”The four men’s summary of objections points to the crux of the Title IV dispute. Their first concern is related to the theological shift in the revision, the second deals speaks to the change in discipline of bishops and the latter might be credited to the fact that the church is still learning how to implement the new Title IV.Shortly after the four first voiced their objections, Hutchinson joined Duncan Bayne, Diocese of Olympia vice chancellor, and Joseph Delafield, Diocese of Maine chancellor, to publish a paper they said “conclusively establishes the constitutionality” of Title IV.How the church got to the new Title IVThe concern about due process expressed by the institute writers, Rehill and others is the fruit of major changes in philosophy and approach reflected in the revised Title IV. The seed for change dates to at least 2000 when General Convention called for a task force to assess the way the church disciplined clergy via Title IV and other methods.At that time the then-current version of Title IV had been in use for just four years, General Convention having approved in 1994, and implemented two years later, a system based on the U.S. Armed Forces’ code of military justice (current version here). The 1994-96 version of Title IV stemmed from a wave of Episcopal clergy sexual misconduct cases that dated to at least 1986.That version of Title IV aimed to give clarity and uniformity (including a uniform court system) to disciplinary processes that in large part had been left up to individual dioceses, ENS reported in a Sept. 1994 press release. The churchwide canons, unchanged since their creation in 1915, were intended to deal primarily with issues of heresy and doctrine, ENS reported.Until the 1970s, cases of clergy misconduct were usually handled privately by the bishops and those clergy accused of misconduct, Robert Royce, former chancellor of the Diocese of Long Island and the principal author of the SCCC’s resolution, told ENS at the time.Sammons noted during her interview with ENS that the Episcopal Church was applauded in 1994 “because it came up with a disciplinary system that was no-nonsense. And that was a critical thing at that time. That gave us credibility. It gave us a system that supported victims, especially women, coming forward in a way that other churches and institutions still haven’t done” for either women or children.However, by 2000, Title IV was being criticized because it was perceived as “overly militaristic and rigid in its application” and that it “lacked a theological foundation.” Thus, convention called for a review of Title IV.Paying attention to the theology of disciplineIn the Task Force on Disciplinary Policy and Procedure’s report to the 2003 meeting of convention, the members wondered how the church’s mission of the reconciliation of people to God and each other in Christ could be interpreted in the canons to “include that essential note and still hold offenders accountable in meaningful ways.” The task force concluded that the church needed to “begin anew with Title IV” because it would “not be possible to accomplish what we hope for ourselves by making even major adjustments to Title IV as it presently exists.”It commissioned an essay, “Some Thoughts Toward Canon Revision: Canons as Gift of Grace and Dance of Love” (found in the task force’s 2003 Blue Book report) by the Rev. Pamela Cooper-White. The task force called it a “catalyst for further conversation in the church on the theology of discipline.” Cooper-White, an Episcopal priest who now teaches at Columbia Theological Seminary in Decatur, Georgia, suggested that canon law is “a God-given expression of care for the ordering of the church that is grounded not merely in restraint of evil (as often is the case in secular law), but focused on creating a community in which every member is supported in living a life grounded in desire for God, and the joy of being in harmony with the original goodness of God’s creation.”The task force asked for, and received, the authority to continue its work in the 2003-2006 triennium, but warned that it might not be able to accomplish the sweeping changes it was contemplating within those three years.In fact, the task force proposed to the 2006 convention a completely revised Title IV which its chair, Diocese of Indianapolis Bishop Catherine Waynick, said at the time “reclaim[ed] the broader meaning of discipline as the developing of habits which can form all members of the Church in healthy and responsible ministries and which can produce reconciliation and healing when failures occur.”The proposed revision turned Title IV away from the criminal-justice model and towards one that was based on disciplinary systems used in other professions, such as doctors, lawyers and licensed social workers. The latter models are characterized by an obligation on the part of the professional to cooperate with investigations. Thus, for instance, they cannot refuse to testify in disciplinary proceedings by attempting to invoke the secular law right against self-incrimination.General Convention balked at the task force’s proposal to make certain lay leaders subject to Title IV. Others thought the new processes were too complicated, especially for smaller dioceses.But convention decided to keep trying. It passed Resolution A153 to create a new task force, and gave it a list of “critical goals, concerns, and values,” including moving Title IV “towards a reconciliation model for all appropriate circumstances,” encouraging early resolution of conflicts and reconciliation of the persons “at the earliest appropriate time and the lowest appropriate level of the church.” Any new proposal was meant to also “maintain the historic pastoral role and canonical authority of bishops” and respect the “roles, rights, and integrity” of people subject to Title IV and of “injured persons, communities, parishes, missions, congregations, and the church.”In 2009, convention adopted the current version of Title IV, which bases itself, according to its first canon, on the premise that “the Church and each Diocese shall support their members in their life in Christ and seek to resolve conflicts by promoting healing, repentance, forgiveness, restitution, justice, amendment of life and reconciliation among all involved or affected.”The laity is not subject to the disciplinary process it outlines, but the revision codified the 2006 plan to take clergy discipline out of a criminal-justice model.Rehill told ENS that in 2009, “the clergy at General Convention could not have possibly understood what they were actually doing.” He said that the revision was quickly approved “when the convention’s attention was focused on the Anglican Communion and the issues of human sexuality.”The revision “just raced through being marketed as taking ‘legalism’ out of the disciplinary process and making it pastoral rather than legalistic,” he said, adding that “there’s nothing pastoral at all in the new Title IV.”Others, including Hutchinson and Sammons, say that the nine-year process of revising Title IV included soliciting input from laity and clergy. Hutchinson said that, especially since 2008, the constitution and canons committee, and other groups, “have provided numerous opportunities and request for input, criticisms, suggestions and so forth all across the church for people to weigh in on anything they thought could be improved or was wrong, or anything about Title IV, and we never heard from [Rehill].”A change in approachHutchinson, who has been involved in Title IV revisions since at least 1994 and who is “admittedly pretty invested in the pursuit of something that we think would better serve the legitimate interests of the church,” says the current version speaks “ultimately what are we about as an enterprise, what do we stand for and what kind of systems, processes and theological constructs do we have that reflect those interests.”Sammons said the current version balances aspects of a professional-conduct model “with a heavy dose of trying to administer at every step of the process a sense of pastoral care and theology.”She told ENS that, despite objections about a loss of due process, clergy will benefit from the new procedures. While they no longer have the “criminal rights” afforded them under the old Title IV, they and the people they may have injured also are not subjected to an adversarial process from the very beginning.“You do not want to discourage people who are really victims from having a prompt and just resolution of their problem,” she said. “But it’s really designed to see if there’s a way to work it out first through communication without a punitive process, and that’s the benefit to the clergy.”And the complaint that clergy have lost rights, Hutchinson notes, is based on a series of privileges afforded to clergy only for the last 16 years since the 1994 revision went into effect in 1996. Yet, Sammons acknowledged, “if you have a right, you want to be able to stand on it, and you want more rights. You don’t want them taken away. It’s just not intuitively natural for people to want to give up rights, even if they are receiving something perhaps more beneficial in return.”The basis of the efforts to revise the church’s approach to clergy discipline that began in 2000, Sammons said, was “that notion that we live in community and therefore we’re all responsible to each other, and part of our Christian responsibility is to be reconciled at the same time.”The current Title IV, she said, carries with it assumption that reconciliation and healing “should be always a part of our disciplinary code.”“So it shouldn’t just be uncovering the harm,” she said. “It should also be restoring people back to community, and that includes the clergy, and our system had never focused on that.”Living into new Title IV has had some bumps, both Hutchinson and Sammons acknowledge.“There have been unfortunately a small number of cases that have gotten out of control because [of] respondents or counsel for respondents in particular not wanting to play by the new rules and the people in the disciplinary system not realizing that they have the authority to control and manage the timing and expense elements of the process more than they have been doing,” Hutchinson said.And, because the focus has not been on reconciliation and restoration, he said Title IV is “still going to be a work in progress as we go forward and we continue to understand relationships within the church and discipline, but also what does it mean to be a reconciling forum for people who have had some very serious problems or hurt some people in very serious ways.”— The Rev. Mary Frances Schjonberg is an editor/reporter for the Episcopal News Service. This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 Youth Minister Lorton, VA J. Eric Thompson says: Course Director Jerusalem, Israel TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab The Rev. John T. Farrell, Ph.D. says: Curate (Associate & Priest-in-Charge) Traverse City, MI August 28, 2012 at 4:53 pm I worked with a priest on a volunteer basis for nearly 10 years.. I served as clerk of the vestry for 5 years and the vestry was never approached about our rector taking another job. We learned this a few years later. At that time the Diocese of L.I. did not allow for worker priests. (I’m not sure if it still does.) This priest also has been on the budget committee for a number of years making sure of a salary increase. This priest has worn the vestry to a frazzle and is very proud of the power and its control. This priest has violated both diocesan policy and church canons and, yet, the vestry nor any parishioner has reported this priest. The church needs to educate its leaders to prevent this kind of behavior reoccurring in the future and if does reoccur, know how to respond. Assistant/Associate Rector Washington, DC August 17, 2012 at 9:39 pm Watching a mentor being subject to 12 years prohibition at the age of 68 obviates any notion of repentance forgiveness and reconciliation. There is no grace or mercy for this priest who spent his life in Mother Church. There is a persecutory aspect of this application of Title IV which, I believe, is not of God. October 23, 2013 at 6:27 am I am dismayed to see so little concern about the plight of complainants. We are not the enemy of the church; we raise our voices to make the church safer. Because speaking up takes such a toll on victims of clergy sexual misconduct, most of us remain silent. Many of us only report offenses when we believe that our offenders pose a risk to others in the church. We speak our painful truth to protect the church from harm.Most of these commenters express concern about the Title IV process “ruining careers” and harming clergy in other ways. Where is the concern about the ruined lives of victims? The church is supposed to be a sanctuary. Priests (as confessors, as pastoral guides, as the hand that offers the sacraments) hold enormous trust from congregants. When a priest abuses this trust to meet his or her own needs, he or she can destroy the victim’s faith in clergy, in church, or even in God. When the church responds by protecting its own, victims are exiled from community at our greatest time of need. “Ruined careers” are the least of the wounds that we have to deal with.I agree with Rev. Farrell: Title IV is a stacked system, but it isn’t stacked against clergy. By “encouraging early resolution of conflicts and reconciliation of the persons at the earliest appropriate time and the lowest appropriate level of the church,” Title IV fails to acknowledge the profound damage that sexual misconduct causes to its victims. By seeking a quick fix, Title IV protects the church against the hard work of justice and truth. The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Fr. Jay Pierce says: August 19, 2012 at 11:22 pm I am not certain as to what constitutes an adequate amount of time for bringing another rector on board. As I recall it took close to two years between a rector that had been in the service of the church I attend for 14 years and was dismissed under allegations of inappropriate contact with minors and the most recent that has now departed to a parish in the Houston area. This time around, the Episcopal Diocese of Texas informed us that we had taken entirely too long to find a replacement rector the last time we were in search. So this time around it only took us about 60 days with the Vestry itself performing the task of search committee rather than establishing a separate entity for that purpose. I should hasten to add that, in our case due to declining attendance, the Diocese informed us they would not support a decision in regards to another full time rector and therefore we now have a Priest in Charge instead. August 15, 2012 at 9:30 pm Perhaps the reason the comment in the ENS article referred to a “system based on the U.S. Armed Forces code of military justice” was because that is exactly what was said by one of the people on the Title IV revision committee at a mandated diocesan clergy training session which I attended a couple of years ago (and which the author of this article did not). I specifically remember the allusion to “conduct unbecoming an officer”. So much has been said on this subject I’m not sure who can keep it all straight. An Evening with Aliya Cycon Playing the Oud Lancaster, PA (and streaming online) July 3 @ 7 p.m. ET August 14, 2012 at 11:28 pm In my experience in witnessing the execution of the current Title IV process there have been many inconsistencies, with pastoral care given to respondents being one of the most egregious. On one hand the process is nothing but adversarial, and on the other a Diocese bends over backwards to be seen as compassionately working to restore the ministry of a priest. I realize that all circumstances are different. But there must be some level of consistency to which the process and those who execute it are held. You simply cannot expect lay or clergy who have no experience, expertise, or penchant for such serious and complicated disciplinary proceedings to truly understand the intricacies of the process and execute it fairly.In addition, there should be a much stronger emphasis put on the fact that a clergy person is innocent until they are proven guilty, as the canon clearly states. The stigma placed upon clergy and their families by their colleagues and parishioners (due to a lack of understanding of the canons, in many cases) as they spiral through a process which seemingly has no end is unbelievably cruel and lacks consideration to the thought that the respondent may be vindicated in the end.There are so many unanswered questions: What special provisions for pastoral care have been given to the priests stuck in the middle of such a fluid and changing process while it gets “smoothed” out? Why isn’t each Diocese required to provide a counselor experienced in crisis management AND the Title IV canons to affected parishes that are suddenly plunged into the process without warning? Who watches over the process to ensure that bishops do not intentionally or unintentionally abuse the system? I realize that each respondent has the right to their own counsel, but who in the Church protects and advocates for the “innocent” when the “innocent” is, in the end, the respondent? How does the Church reconcile itself to the respondent when it is clearly proven that the process has unreasonably and quite permanently damaged their life, ministry, and by extension their family and their flock, whether they are found guilty or not? Elaine Jenkins says: Submit an Event Listing Submit a Press Release Submit a Job Listing Rector Pittsburgh, PA Len Freeman says: David Wilson says: Rector Knoxville, TN By Mary Frances SchjonbergPosted Aug 14, 2012 August 28, 2012 at 2:43 pm Any system that permits hearsay and attempts to silence respondents (or at best give them the Hobson’s choice of how to proceed) will sooner or later face lawsuits, and rightfully so. It certainly will not foster reconciliation. Bishop Diocesan Springfield, IL Missioner for Disaster Resilience Sacramento, CA Assistant/Associate Priest Scottsdale, AZ Featured Jobs & Calls August 14, 2012 at 11:31 pm Our secular criminal justice system has at times made for great theatre. Whether such drama has uncovered the actual truth of wrong-doing has many times been questioned. It should be remembered that our secular court system is divided into the Grand and Petit juries. It is while Petit juries are in session that the aforementioned drama tends to take place. It has always struck me that the Grand jury process tends to be the more dispassionate of the two and perhaps that, in and of itself, should be cause for examining that model more closely as the more heated and contentious the debate becomes, the more reason has a tendency to be kicked to the curb. Perhaps a review of Judge Harold J. Rothwax’ “Guilty; The Collapse of Criminal Justice” could prove instructive.Then there is the financial costs. In this instance the church, not supposedly being a vehicle for monetary gain, needs to review compensation practices for legal council on both sides of any given Title IV case. The lawfirm of Fulbright & Jaworski of Houston, Texas the Episcopal Church is not.I will not argue with repentance and acceptance of responsibility on the part of the offender being necessary for reconciliation. However, I would remind all sides here that the adversarial judicial system we have was not designed to provide for reconciliation, rather it goes back more to the notion of an eye for an eye. In most cases in the secular world where reconciliation took place such occurred only after the court case was settled. Judith Wood says: Priest Associate or Director of Adult Ministries Greenville, SC Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET March 13, 2013 at 1:33 pm Those are my objections to the new Canon IV and I speak as a member of my diocese’s ecclesiastical court. Canon IV allows for anonymous accusations and vague charges that leave clergy unable to defend themselves. Canon IV attempts to silence the accused with gag orders whose design seems to be to isolate and marginalize them. Canon IV allows bishops to issue “temporary” inhibitions that deprive clergy of the means to make a living and of the spiritual solace of administering the sacraments. And finally, beyond the appointment of an advisor, Canon IV places the burden of defending oneself entirely on the accused with no support — either financially, emotionally, or spiritually — from their diocese or ordinary. Canon IV is a stacked system and I’m ashamed to have become involved with it. My only reasons for staying are to assist its inevitable clergy victims and to work to change a major source of injustice within the church. Rector Tampa, FL Susan Michelfelder says: Virtual Episcopal Latino Ministry Competency Course Online Course Aug. 9-13 Featured Events The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Rector Washington, DC August 16, 2012 at 11:36 am A disciplinary complaint is, by definition, adversarial. The new Title IV is terribly cumbersome and stories of its visiting abuse on clergy–both intentionally and unintentionally–abound. The safeguards for the accused from the 1994 version were more than adequate. The newest revision has brought no more benefits to the victims than was the case under the 1994 revision.And that is not to mention the multiplicity of complaints against bishops that has occurred because no one can really say “no” to the complainant–and these are by and large not complaints of sexual abuse–because the Intake Officer and Panel of Reference may believe, with all good intentions, that they need to let the investigation go forward on patently absurd claims. Although the claim that this is not adversarial is given as the basis for not informing the accused or advising him or her of the progress or even interviewing the accused during the investigation, the net effect is that the process is certainly perceived as adversarial by the accused. The drafters of the new revision not have intended for these investigations to be adversarial, but if it walks like a duck and quacks like a duck . . . Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs Rector Smithfield, NC Rector Martinsville, VA Director of Administration & Finance Atlanta, GA General Convention 2012 Press Release Service Neal Michell says: Donald Jack Newsom says: Associate Priest for Pastoral Care New York, NY Donald Jack Newsom says: Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Tags Title IV continues to attract debate Convention’s changes to disciplinary canons are part of a long journey Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem August 14, 2012 at 8:10 pm Clergy misconduct is serious. It effects not only the victim of this misconduct, but the parish, the diocese and the greater Church. When clergy skirt responsibility for their behavior by leaving for another diocese, the problems just multiply. Inappropriate relationships with parishioners and others who have a professional or pastoral relationship with the clergy person involved are not about human sexuality, they are about power and control. The church could learn a lot about discipline from other disciplines, such as establishing a nationwide directory of persons found guilty of abuse needs to be established and available to all dioceses. Reconciliation is only possible when there is repentance and responsibility on the part of the offender. It should not be quick and easy. To accept an apology without repentance and change of behavior is irresponsible and will continue to effect the Church. Rector/Priest in Charge (PT) Lisbon, ME Donald Jack Newsom says: General Convention, August 15, 2012 at 7:22 am The pace of adequately sorting out these types of entanglements has always managed to bedevil those who want a quick fix to things. It is on such occasions as this that I wonder if inventing the transistor was necessarily a good thing. Now we seem to want instant gratification in everything that we do. Too many have lost the notion of patients being a virtue. Rector Bath, NC Sheldon Schweikert says: Rector Collierville, TN Associate Rector Columbus, GA August 15, 2012 at 10:03 am The most egregious example of the effect of “new” Title IV Canons was the attempted lynching and assembly of a kangaroo court in Province IV to run Bishop Mark Lawrence of the Diocese of South Carolina out of the Church for disloyalty to TEC. Or course there was nary a mention of it in an ENS article. Cathedral Dean Boise, ID Pam Strobel says: August 14, 2012 at 9:03 pm There are definitely bad guys and gals who need to get their heads handed to them. Having said that, my own experience with Title IV has seen three clergy get essentially wiped out from their ministries, with no support for them, and equally as important no support for their families. Lives given to service of the church suddenly declared personas non grata, functionally forbidden to speak with anyone in their own defense. The financial costs have been incredible… approaching $50k in one case… and when it was clear that even if they would be cleared, if something came up again the clearing would not miitigate having to go through the financial ruin a second time… the person then said the heck with it, and walked away from the ministry. That is a travesty of both justice and the gospel. Forgiveness is nowhere within this current system, nor is grace. Comments (17) Rector Belleville, IL Curate Diocese of Nebraska Assistant/Associate Rector Morristown, NJ Rector Shreveport, LA Nicole Keller says: Director of Music Morristown, NJ Rector and Chaplain Eugene, OR August 15, 2012 at 1:53 am The foundation of criminal law in the US is the requirement of a level of evidence necessary to satisfy the mind of the jury “beyond a reasonable doubt” in order to convict. In addition there is a large body of law that addresses the evidence that can be presented. In reading Title IV I see little in the way of acknowledgement of these principals of justice. There is no doubt that we require a system to receive, investigate and bring to trial acquisitions made against priests and deacons. But I feel we’re getting the horse before the cart. In the haste to respond to public pressure to “do something” we’ve failed to create a system that is fair to both the victim and the accused. Reconciliation is not possible until guilt or innocence is established in a system of law that is respected by all parties. Family Ministry Coordinator Baton Rouge, LA Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Rector (FT or PT) Indian River, MI August 15, 2012 at 11:35 am As principal draftsman of the Title IV 1994 Revision, trying to bring 1917 disciplinary canons into the modern era, I wish to take some exception to your article’s too broad comment that the revision was a “system based on the U.S. Armed Forces code of military justice” [sic]. The 1994 Revision was an attempt to base the update primarily upon the polity and order of an apostolic church with fundamental rights for all the parties involved, including the church as institution. (At the 1994 General Convention, good work was done by Sally Johnson (MN) and others to expand SCCC’s draft more completely to the victims of misconduct.) I fondly recall the late Bp. Walter Dennis’ comment about the priest coming to the bishop’s office for lunch and finding that the priest was the lunch. Only in very, very limited instances, mainly the effect of “command authority”, with a commanding officer (bishop?) having appointing authority and a continuing effect on the officers’ (clergy?) staffing the court through subsequent fitness reports and appointments, etc. (a bishop’s recommendation for a call as rector elsewhere or finding a selected priest “qualified” as rector?) and for some very good, clear and experiential definitions, did SCC look to the UCMJ. Any system of ecclesiastical discipline will always be incomplete, weak and even dangerous when there is no subpoena power or enforceable sanctions for laity bearing false witness and perjury! For those reasons the standard of proof went from “beyond a reasonable doubt” to the lesser standard of “clear and convincing”. (Besides, as to heresy, beyond a reasonable doubt will have to await the final Reunion!) Alas, ECUSA is caught between maintaining good order and discipline and the therapy of reconciliation (think Church of Rome’s current mess). I fear that when clergy are in the tumbril and are facing loss of vocations (remember not just a “job”), livelihoods and very often families, their “rights and protections” are more immediate to them than reconciliation, whatever form it may take. Good luck SCCC!! Catherine Thiemann says: August 16, 2012 at 9:27 am One of the obvious defects of the current Title IV is that it lacks any TIME constraints. Our church has been without our rector since last August. Meanwhile each Sunday we have a diminishing congregation and I fear for the coming fund drive for next year. It is incomprehensible to me that those who drafted Title IV did not recognize the harm to the church caused by the interminable passage of time without resolution. One of the authors cited above called it a “draft”. To my knowledge, most “drafts” do not become canon law. So sad. Rector Hopkinsville, KY New Berrigan Book With Episcopal Roots Cascade Books Rector Albany, NY AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis Comments are closed. Robert C. Royce, Esq. says: Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Priest-in-Charge Lebanon, OH Canon for Family Ministry Jackson, MSlast_img read more

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Rebels vs Reds Highlights – Super Rugby Round 16

first_imgMonday Jul 2, 2012 Rebels vs Reds Highlights – Super Rugby Round 16 Highlights from this game will be archived here asapADVERTISEMENT Posted By: rugbydump Share Send Thanks Sorry there has been an error Super Rugby 2012 Highlights Related Articles 465 WEEKS AGO Bulls vs Lions Highlights – Super Rugby Round… 465 WEEKS AGO Sharks vs Cheetahs – Super Rugby Round 18… 465 WEEKS AGO Stormers vs Rebels Highlights – Super Rugby… From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedUrologists Stunned: Forget the Blue Pill, This “Fixes” Your EDSmart Life ReportsYou Won’t Believe What the World’s Most Beautiful Girl Looks Like TodayNueeyDoctors Stunned: She Removes Her Wrinkles With This Inexpensive TipSmart Life ReportsIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier Living10 Types of Women You Should Never MarryNueeyThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

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House in Azeitão / Aires Mateus

first_imgCopyHouses•Azeitão, Portugal CopyAbout this officeAires MateusOfficeFollowProductConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesAzeitãoPortugalPublished on September 05, 2016Cite: “House in Azeitão / Aires Mateus” [Casa em Azeitão / Aires Mateus] 05 Sep 2016. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogPanels / Prefabricated AssembliesTechnowoodPanel Façade SystemRailing / BalustradesMitrexIntegrated Photovoltaic Railing – BIPV RailingMetal PanelsAurubisPatinated Copper: Nordic Green/Blue/Turquoise/SpecialPlastics / FibersRodecaTranslucent Building Elements in Downton Primary SchoolSkylightsVELUX CommercialModular Skylights – LonglightBathroom FurnitureBradley Corporation USAToilet Partition CubiclesSignage / Display SystemsGoppionDisplay Case – One-offAcousticFabriTRAK®FabriFELT™ for Walls and CeilingsBoardsStructureCraftStructural Panel – Dowel Laminated TimberThermalSchöckInsulation – Isokorb® Concrete to SteelDoorsJansenSmoke Control Door – Economy 60Louvers / ShuttersShade FactorExternal Venetian BlindsMore products »Save想阅读文章的中文版本吗?葡萄牙 Azeitão 住宅 / Aires Mateus是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Projects ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/794436/house-in-azeitao-aires-mateus Clipboard Photographs House in Azeitão / Aires MateusSave this projectSaveHouse in Azeitão / Aires Mateus House in Azeitão / Aires Mateus 2003 Area:  408 m² Year Completion year of this architecture project Architects: Aires Mateus Area Area of this architecture project Save this picture!© Daniel Malhão+ 18 Share ArchDaily Houses Year:  “COPY” “COPY” ShareFacebookTwitterPinterestWhatsappMailOrhttps://www.archdaily.com/794436/house-in-azeitao-aires-mateus Clipboard Portugal Photographs:  Daniel MalhãoCollaborators:Maria Rebelo Pinto, Ana Rita RosaEngineer:Alexandre PortugalAuthors:Manuel Aires Mateus, Francisco Aires MateusProject Leader:Mafalda Neto RebeloCity:AzeitãoCountry:PortugalMore SpecsLess SpecsSave this picture!© Daniel MalhãoRecommended ProductsFiber Cements / CementsEQUITONEFiber Cement Facade Panel NaturaFiber Cements / CementsRieder GroupFacade Panels – concrete skinEnclosures / Double Skin FacadesRodecaRound Facade at Omnisport Arena ApeldoornWoodParklex International S.L.Wood cladding – FacadeText description provided by the architects. An ancient winery is rehabilitated.  Its main attributes are a wide space and thick walls. Though introducing a new program, the universal character of the space remains.  Together with the existing wall, a new thick wall houses all of the social functions on the main level.  Save this picture!© Daniel MalhãoSave this picture!PlanSave this picture!SectionSave this picture!© Daniel MalhãoStairs within the thick wall and day lit from above make the light transition from social to private space.  The more private areas – bedrooms, bathrooms and a studio– are conceived as habitable volumes in an “impossible” balance, structuring the space. The volumes, articulated by light, modulate the main space of the lower living room, emphasizing its breadth. Save this picture!© Daniel MalhãoProject gallerySee allShow lessVilla A / Perathoner ArchitectsSelected ProjectsOJI House / Kenta Eto Atelier ArchitectsSelected Projects Sharelast_img read more

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Petition launched for charities hit by Icelandic banks’ collapse

first_img  19 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Tagged with: Finance Law / policy Petition launched for charities hit by Icelandic banks’ collapse Naomi House, the children’s hospice that is one of the charities affected by the collapse of the Icelandic banks, has launched an online petition on behalf of all charities similarly affected, using the government’s number10.gov.uk online petitions site.Specifically the petition asks the Prime Minister “to do everything in his power to assist with the recovery of funds lost by UK charities in the failed Icelandic bank Kaupthing Singer and Friedlander”.Naomi House has £5.7 million invested with Kaupthing Singer and Friedlander. The charity’s trustees this week decided to suspend its Hospice at Home service, in which staff give care to dying children at home. The charity’s chairman presented this as directly related to its inability to access these funds.Jane Tabor, Director of Fundraising, emailed a wide range of supporters and contacts yesterday to encourage them to sign the petition. “Please help us to prove this can work as well for Naomi House as they say it did for Barack Obama!”, she said.She explained: “Number 10 would not allow us to start a petition specifically for Naomi House so the petition on the attached link is for UK charities in general. If we can all get sufficient signatures we may be able to get the government to focus on the plight of UK charities and do something positive for us all”.At the time of writing there are 2,315 signatures on the petition.http://petitions.number10.gov.uk/CharityHelp/ Howard Lake | 27 November 2008 | News About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving.last_img read more

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How Interest Rates are Impacting Housing

first_imgHome / Daily Dose / How Interest Rates are Impacting Housing Previous: These States are Bucking Mortgage Delinquency Trends Next: Industry Veterans Collaborate to Form Insight One Financial Data Provider Black Knight to Acquire Top of Mind 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago About Author: Seth Welborn Demand Propels Home Prices Upward 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Seth Welborn is a Reporter for DS News and MReport. A graduate of Harding University, he has covered numerous topics across the real estate and default servicing industries. Additionally, he has written B2B marketing copy for Dallas-based companies such as AT&T. An East Texas Native, he also works part-time as a photographer.  Print This Post Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Related Articles Sign up for DS News Daily Governmental Measures Target Expanded Access to Affordable Housing 2 days agocenter_img How Interest Rates are Impacting Housing The Best Markets For Residential Property Investors 2 days ago September 19, 2019 1,241 Views The Week Ahead: Nearing the Forbearance Exit 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago Tagged with: building Construction HOUSING Recession building Construction HOUSING Recession 2019-09-19 Seth Welborn Housing starts in August hit a seasonally adjusted yearly rate of 1.364 million according to recent data from the U.S. Census Bureau, which Barron’s economics commentator Matthew C. Klein notes is an indicator that the housing recession that started at the beginning of 2018 is over and the recovery is in full swing.Privately‐owned housing starts in August were at a seasonally adjusted annual rate of 1,364,000.  This is 12.3% above the revised July estimate of 1,215,000 and is 6.6% above the August 2018 rate of 1,279,000.  Single‐family housing starts in August were at a rate of 919,000; this is 4.4% above the revised July figure of 880,000. The August rate for units in buildings with five units or more was 424,000.Klein states that the higher number of housing starts along with the 1.419 million in authorizations “make August the best single month for home building since the summer of 2007.”Recent recovery, Klein suggests, has been a product of the Fed’s changing opinions about the appropriate level of short-term interest rates.“Traders’ expectations of rate cuts have helped lower mortgage costs and supported the rebound in construction,” he said. “Disappointing those expectations would therefore lead to higher mortgage rates and less construction. While that could be desirable under certain circumstances, Fed officials should be aware of the potential trade-offs.”How will the rate drop impact mortgage rates in the near future? In a statement realtor.com’s Director of Economic Research Javier Vivas discussed current market conditions and what to look for in the wake of rate cuts.“The cut in the Fed’s short term rates is unlikely to lead to noticeable drops in mortgage rates over the immediate horizon,” Vivas said. “Rates remain about a percentage point lower than a year ago. However, despite higher purchasing power, consumers faced declining housing inventory in August, especially at the entry level. For buyers, today’s vote removes the urgency to sign a purchase contract, as expectations of continuing low mortgage rates collide with increasing clouds over the economic horizon.” in Daily Dose, Featured, Market Studies, News Share Save Demand Propels Home Prices Upward 2 days ago Subscribelast_img read more

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Major rise in those claiming car damage from potholes

first_img Facebook 365 additional cases of Covid-19 in Republic Man arrested on suspicion of drugs and criminal property offences in Derry Previous articleMary Coughlan among those who received 5,000 euro tax breakNext articleMarie Therese Gallagher to be confirmed as Deputy Mayor of Donegal News Highland Major rise in those claiming car damage from potholes Twitter Pinterest WhatsApp News By News Highland – March 27, 2011 Twitter Further drop in people receiving PUP in Donegal center_img There has been a significant increase in the amount of motorists in Donegal who have needed their car fixed after hitting a pothole.The figures related to members of the AA which is calling on drivers to sign a petition putting pressure on local authorities to fix the roads:The survey shows that AA members in Roscommon had the highest number of complaints from drivers who needed their car fixed after hitting a pothole.Wexford, Monaghan, Longford and Mayo were also among the worst offenders for shabby roads.In Donegal, almost 17% of AA member said they had struck a pothole since the start of this year which required a call-out or left their vehicle in need of gardage repair.This is an increase of 2% on the period from September to December last year and almost double the figure prior to 2009.Now the AA is looking for signatures to put pressure on local authorities to carry out repairs -the petition can be signed at www.aaireland.ie/pothole. Pinterest Facebook RELATED ARTICLESMORE FROM AUTHOR WhatsApp 75 positive cases of Covid confirmed in North Main Evening News, Sport and Obituaries Tuesday May 25th Google+ Google+ Gardai continue to investigate Kilmacrennan firelast_img read more

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Starting from scratch

first_imgLatest Stories Print Article Troy falls to No. 13 Clemson By Jaine Treadwell Sponsored Content Pike County Sheriff’s Office offering community child ID kits Starting from scratch You Might Like Eagles face tough test in New Brockton Goshen High School’s Brandon Alford (11) runs the ball during a football game against Elba High School in Goshen, Ala.,… read more Email the author The Carters were so impressed with the wagon wheels that the Amish craftsmen incorporated into much of their furniture that they placed an order for their “Wagon Wheel” restaurant.“We wanted a rustic look for our restaurant and that’s what we got with their designs,” Carter said. “The Wagon Wheel Restaurant is decorated with huge cedar tables and benches and matching chairs and rockers for the porch. The tin walls hold barbed wire “arrangements” and shelves with antique bottles and farm implements. The oyster bar is straight from the cove.The Wagon Wheel is a place where hunters and fishermen can come and feel right at home. Where the cowboy can leave his horse tied to the post and a place where kids can roam.The Carters want everybody to feel comfortable and welcome at the Wagon Wheel, whether they’re there for grits and eggs, meat and taters or a fancy steak “supper.”The Wagon Wheel offers a full breakfast menu, meat and three and “burger” lunches or seafood “dinners.”The restaurant is open from 6 a.m. until 2:30 p.m. seven days a week and until 10 p.m. on Fridays and Saturdays.The Wagon Wheel is located behind Hardee’s and TB&T. Just look for the sign and then follow your nose. Tonya Carter said she and her husband wanted to find a small place where they would feel at home but a place large enough, that there was the potential for a new business “to make it.”“We had thought about putting in a restaurant and even talked about it but it wasn’t until we moved here that we decided to give it a try,” Carter said.The Carters knew they want a meat-and three-type restaurant because they wanted to be able to attract the working crowd for lunch. That would be their bread and butter so to speak.center_img Published 10:59 pm Friday, September 16, 2011 Book Nook to reopen Remember America’s heroes on Memorial Day Penny Hoarder Issues “Urgent” Alert: 6 Companies Are… Tonya Carter and her husband, Buddy, moved their family from Florida to Brundidge and opened The Wagon Wheel, a meat-and-three type restaurant that plays on its rusthic theme and satisfying foods. (Photo/Jaine Treadwell)Family moves to Brundidge, opens new eateryOf all the places in the country, Buddy and Tonya Carter chose Pike County to make their new home and to start a new business from scratch.When the couple decided to move from Florida with their four girls, ages 13, 12, 10 and six, they thought about different places and looked at different places, but Pike County was the place that got the nod. By The Penny Hoarder They also wanted to have a place where the early morning crowd could gather to talk about the weather, politics and everything else that is talked over biscuits and bacon.“We thought that an oyster bar would go here and, of course, we wanted a Friday and Saturday night menu that would include steak and seafood,” Carter said. “We wanted to have a restaurant that would appeal to a lot of different people.”And, they also wanted a place with atmosphere.“We didn’t know exactly what until someone suggested that we visit Lawrenceburg, Tennessee,” Carter said. “We were told that the Amish there made some really impressive furniture. And, when we saw their work, everything just fell into place.” Around the WebDoctor: Do This Immediately if You Have Diabetes (Watch)Health VideosIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthBet You’re Pretty Curious About Jaden’s Net Worth Right About Now, HuhBradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Plans underway for historic Pike County celebrationlast_img read more

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Illinois Governor signs executive order to protect transgender students

first_imgTwitter via @GovPritzker(SPRINGFIELD, Ill.) — Illinois Gov. Jay Pritzker closed out Pride Month on Sunday by signing an executive order that aims to protect transgender students throughout the state. Pritzker said the order establishes a new Affirming and Inclusive Schools Task Force, and directs the state’s public school board to take “comprehensive action” to better support transgender, nonbinary and gender nonconforming students. He said the order would “disrupt the patterns of discrimination” in classrooms statewide.“We’re taking one more step toward securing Illinois’ place as a leader in equality and hope. Under this executive order, ignorance is no longer an excuse for bigotry,” Pritzker said in a tweet Sunday. “This executive order establishes the Affirming and Inclusive Schools Task Force and directs @ISBEnews take comprehensive action to ensure every LGBTQ student is supported and welcomed in their schools.”The 25-member task force will help to establish practices that promote LGBTQ students’ rights as well as educate school officials on issues specific to the transgender experience, including issues surrounding name changes, preffered pronouns and dress codes. The task force is expected to make policy recommendations to the governor’s office by Jan.1, 2020.The signing took place before Pritzker walked in the city’s annual Pride march, and as cities around the world commemorated the 50th anniversary of the Stonewall riots in New York — an event that helped spawn the modern LGBTQ civil rights movement.Pritzker said the order would help ensure safe and more inclusive spaces for all students. Lawmakers hope it also protects transgender youth, a particularly vulnerable group, amid concerning levels of anti-transgender violence.“While the LGBTQ community has so much to celebrate, we also must recognize that the trans community that ignited this movement has been left out of many of its victories,” Pritzker said in a statement Sunday. “Visibility and acceptance for non-cisgender people are on the rise, but so are attacks of hate, particularly against black trans women.”While hate-crime statistics from the FBI show violent incidents against gays and lesbians dropping slightly, or remaining stagnant, from 2013 to 2017 (the most recent year data has been released), violent incidents against transgender individuals were nearly five times higher over that period.Incidents against trans individuals also rose each year: 23 in 2013, 58 in 2014, 73 in 2015, 105 in 2016 and 106 in 2017. The statistics are self-reported by local law enforcement agencies, and are therefore incomplete.Lori Lightfoot, who made history earlier this year by becoming the city’s first openly gay mayor of Chicago, stood beside Pritzker as he signed the executive order on Sunday. She called the initiative a major part in the state’s battle against anti-transgender discrimination and violence.“It’s a first step towards codifying tolerance and respect in all of our schools across the state, giving every student the safe space to reach their full potential,” Lightfoot said a speech Sunday. “I’m proud to say that CPS, Chicago Public School, has been a leader on this front with its own guidelines for supporting transgender students and staff, ensuring that in this city trans individuals have the same access and the same opportunities as everyone else.”Copyright © 2019, ABC Radio. All rights reserved.last_img read more

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Breaking with tradition

first_img Previous Article Next Article Breaking with traditionOn 10 Jun 2003 in Personnel Today Comments are closed. Related posts:No related photos. Forthcomingpensions legislation will make some radical changes, including allowing workersto continue in a part-time capacity and limiting the amounts built up by topexecutives. HR needs to prepare the ground now for some truly groundbreakingchanges to the system. Sarah Ball reportsMostpensions commentators have branded the recent Department of Work and Pensions(DWP) Green Paper Simplicity, Security and Choice a damp squib, which won’tactually change anything. And HR folk may be tempted to put their feet up whilethe pensions pack get on with another few years of worthy, yet incomprehensibledebate over areas of the private and state pension system that the Governmenthas failed to reform. But,as every HR director who has been around the New Labour legislative block a fewtimes knows, it is the employers who are usually expected to deliver throughgood practice to avoid overly-prescriptive measures. The pensions path whichlies ahead is no exception. Whenthe new proposals were launched in December last year, Andrew Smith MP,Secretary of State for Work and Pensions said: “We believe that thepartnership between the Government, individuals, employers and the financialservices industry has long been a strength of the pensions system in the UK,and that the proposals we are setting out today will renew this partnership andreaffirm the responsibilities of each member.”Whetherthere are enough incentives for employers to go the extra mile is an unresolveddebate beyond the scope of this article. But there is still enough food forthought for HR to get its teeth into – especially as some of the legislationcould be in place as soon as this time next year. Forthe pensions purists, the platter promising the juiciest morsels is the accompanyingTreasury and Inland Revenue’s Green Paper – Simplifying the taxation ofpensions: increasing choice and flexibility for all. Chris Jackson, a solicitorat Hammonds, says: “The tax proposals, due to be introduced as early as2004, could be the radical reforms that actually do reshape UK pensions.”ColinSinger, a senior consultant at Watson Wyatt, highlights how some of theproposals are great news for HR directors currently reviewing their pensionscheme designs. All existing tax regimes for pensions will be replaced by asingle system.Hesays that under the current Inland Revenue (IR) rules, there is only so muchsurplus a defined benefit scheme can accumulate. Since 1987, schemes have notbeen allowed more than 105 per cent in their fund without being taxed. This isreally out of date – no scheme these days has anywhere near this much surplus.Singeroutlines the possibilities: “An exciting avenue that may be opened by thenew regime is greater flexibility of design,” he says. “This isperhaps particularly so for ‘risk-sharing’ designs that lie between pure finalsalary and pure defined contributions (DC).”Thekey to unlocking such designs will be the funding flexibility envisaged in theregime which, if twinned with an appropriate mixture of guaranteed anddiscretionary benefits, may result in a better balance between members’guaranteed benefits and employers’ guaranteed costs than either of the polarextremes of final salary or defined contributions.” TomMcPhail, of corporate independent financial advisers Hargreaves Landsdown, saysan area of priority for HR directors in the tax proposals will be the changesaffecting your most senior and/or long-serving staff. “It is worthapplying some due diligence in this area now, just in case the proposals docome in next April.” Contributionsby employers and staff would continue to attract tax relief, but the changecomes where the limits for this will extend to 100 per cent of earnings subjectto a £200k per annum ceiling. “This means that an employee can build up apension in very short space of time if they wish,” says McPhail.Butthe really big news is that total pension fund accumulations will be capped ata lifetime limit of £1.4m. Twenty-five per cent of the fund’s cash will beavailable tax-free, and pension will be taxed as earned income.  “Sometransitional arrangements will protect people with pensions already over £1.4m,but the new limits will otherwise operate retrospectively,” McPhail adds.”Funds that breach this will be subject to a 35 per cent recovery chargeon the amount over the limit and all benefits taken from the excess funds willbe fully taxable – an effective tax rate of 60 per cent.” Thisis pretty steep, so senior staff will want up-to-date information on theirpensions to make informed choices.  SimonMartin, head of research at Aon Consulting, warns the proposals will have adivisive effect by giving senior staff a minimal stake in the company pensionscheme. “Pensions schemes work best when they include all employees,”he says. “However, these new tax proposals are particularly penal onsenior executives.  It should bepossible to have a fair tax treatment for all employees, but in this case theGovernment has taken its objective of simplify the tax regime too far.”Gettingyour administrative ducks into line is another area to review before nextApril. Geraldine Brassett, a consultant at Hewitt Bacon & Woodrow, assessesthe costs employers need to be prepared for when it comes to implementing thenew IR and DWP proposals. “Oneof the aims of the proposals is, in the longer term, to drive downadministration costs. The simplification of the tax regimes should help toachieve this, but this needs to be balanced against the flexibility aroundpayment of benefits and the fact that there will almost certainly besubstantial set up costs when the changes are introduced.”Shesays the extent of these initial costs will obviously vary depending on theexisting scheme design, the age and capability of the current administrationplatform and changes in communication around processes.”Assumingno changes to existing individual scheme designs – although we know this willbe likely for a large number of schemes – we estimate that the costs could bein the region of £5,000 to £25,000 per scheme, although this could be more ifimplementing these changes necessitates a significant one-off expenditure, suchas purchasing a new administration system.”Changesrequired will not only be to software, but also to processes and procedures andpossibly member communications, and Brassett advises HR directors not tooverlook these areas. Althoughthe tax proposals potentially contain more substance, the DWP’s Green Paperdoes merit another glance from HR directors. In brief, it outlines the suite ofvoluntary mechanisms the Government wants to employ, to help avoid theso-called ‘pensions crisis’.Itreiterates that our increased longevity means we cannot sustain the state‘pay-as-you-go’ pension system unless we work longer or save harder, or both.Of particular note is chapter 6, Extending Opportunities for Older Workers,which looks at how to encourage and facilitate a larger proportion of people inthe 50-plus age group to remain economically active.Thisdovetails with the consultation paper that the Department of Trade and Industryis due to launch this summer, regarding a new EU directive which will outlawage discrimination by 2006. Organisations can currently set their own normalretirement ages, beyond which staff are unable to sue for unfair dismissal.This is set to change. JamesDavies, a partner at Lewis Silkin Solicitors, thinks the Government will imposea default normal retirement age of 70, and that it will be up to organisationsto justify anything below this. “Pre-established succession planning, or agenerous occupational pension scheme might be grounds for exemption, but theseare obviously matters for the consultation.” Otherwise, staff who want tocarry on working will have the right to do so.Accordingto research by Penna Sanders and Sidney, 93 per cent of employees would extendtheir working lives if offered flexible working arrangements. TheGreen Paper on tax contains proposals to encourage flexibility, but for somethey have not been implemented soon enough.AonConsulting’s Martin says: “At the moment, a full-time employee close toretirement cannot switch to part-time work and start drawing a pension, butthey can do so if they leave to join a direct competitor. This is a ridiculousimposition by the Inland Revenue, and is a major disincentive to companieswanting to retain valued older employees.”Typesof pension scheme designDefinedbenefit (DB) or final salary schemesTraditionallythe main type of scheme provided by large UK employers, typically related tothe employee’s final salary at retirement. The employer promises the employee acertain proportion of salary at retirement and takes on the risk and cost ofproviding it. Contributions from employer and employees are put into a fundmanaged by trustees. Careeraverage revalued earnings (CARE) Anotherform of DB scheme, but is based on average salary (adjusted for inflation) overthe whole career, rather than on final salary at retirement. The employer stilltakes on risk and cost in the same way as for final salary schemes. Definedcontribution (DC) or money purchase schemesThefastest growing type of company scheme in the UK (and elsewhere). The amount ofpension the employee eventually gets depends on various factors, includingmoney contributed by and employee and employer and annunity rate at date ofretirement.Thecompany can set up its DC scheme under a separate trust, managed by trustees(as for DB schemes), or can pay into a contract with an insurance company (seePersonal and Stakeholder Pensions below). StakeholderThesespecial DC schemes came in during 2001, and in broad terms, employers who didnot then have an occupational scheme had to designate a stakeholder providerfor their employees. It aims is to increase private pension provision forbelow-average earners. Contributionsfrom both employers and employees are entirely voluntary, despite unionpressure for employer ones to be compulsory. The insurance provider’scharges  for administration is capped at1 per cent.Personalpensions Theseare individual insurance contracts, usually taken out by employees outside ofwork pensions and rarely used by employers. Broadly the same as stakeholderschemes, but without the capped insurer’s charges. Hybridschemes Thesecombine DB and DC in a variety of ways – a DB scheme might guarantee some modest level of final pay, but pays outthe value of an underlying DC pot if greater.Grouppersonal pensionsAversion of personal pensions used by some employers. The provider bundles theindividual personal pensions together (on enhanced terms normally), andpresents them as an employer scheme using payroll deduction and worksitemarketing. Stakeholder pensions run by employers are also normally grouped in asimilar way. Tosee the first part of this two-part article on forthcoming pensions legislationand for a fuller explanation of types of pension scheme, go to www.personneltoday.com/goto/19143LegislationchecklistYouwill need to get advice on how your pension scheme(s) may be affected by:Spring2003     Statutory Money PurchaseIllustrations introducedMid-2003        Publication of consultation paper onimplementation of the age discrimination aspects of the EC Framework DirectiveMid-2003        Next round of consultation on theprotection of pension rights on TUPE transfersDec2003         Extension of limit forback-dating pay in equal treatment claims from two to six yearsDec2003         Latest date for UK Governmentto ban discrimination in employment on grounds of religion or sexualorientation (EC Framework Directive)Early2004       TUPE regulations on futurepension rights expectedOct2004         UK Government to removeemployment exemptions from Disability Discrimination Act 1995 (EC FrameworkDirective)Apr2004         Earliest date forimplementation of new simplified pensions tax regimeJan2005          Full implementation of FRS17required in relation to accounting periods ending on or after 1 January 2005Dec2005         Estimated implementation datefor EC Pensions DirectiveDec2006         Latest date for UK Governmentto ban discrimination in employment on grounds of age (EC Framework Directive)2010                Minimumearly retirement age (other than for ill-health) increased from 50 to 55last_img read more

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News

first_imgNewsOn 1 Sep 2003 in Personnel Today Related posts:No related photos. This week’s newsCareer uncertainty Nearly half the UK’s health and safety professionals say they either willnot or may not be working in the industry in 10 years’ time, according to astudy by busi-ness information provider Croner. The survey found 52 per centsaid they would be in the industry, while 30 per cent said no and 18 per centwere unsure. Fair weather skivers The hot weather last month prompted as many as 7.5 million workers to takeunauthorised time off to bask in the sunshine, finance directors believe. Asurvey by recruitment agency Reed found 27 per cent of finance directors feltemployees had bunked off to enjoy the sun. Supporting A&E staff Hospital staff in the A&E department at University Hospital Aintree havebeen given access to a support service to help them cope with the strains ofthe job. The hospital’s support team holds induction days for new staff,explaining the role of the service and what it offers, and see staff in groupsand individually on a confidential basis, to help them deal with stress andanxiety. Tie dangers Wearing a tie can increase the dangers of suffering from serious eye conditionssuch as glaucoma. A study in the British Journal of Ophthalmology(2003;87:946-948) found tightness around the neck restricted the jugular vein,which raises blood pressure, particularly around the eyeball. Comments are closed. Previous Article Next Articlelast_img read more

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