All Canons
Canon 1 - Of the Council of the Diocese
GOVERNANCE
Section 1.
Organization:
The Bishop, or in the absence of the Bishop, the Bishop Coadjutor or Suffragan Bishop or the priest selected by the Standing Committee shall, in the order named, call the clergy and Delegates to order, and direct the Secretary to determine and announce if a quorum is present. A quorum being present, the Bishop, Bishop Coadjutor, or Suffragan Bishop shall act as President; in their absence the Council may proceed to elect a President pro tempore.
Section 2.
Members:
(a). A list of the Clergy entitled to seats in the Council shall be furnished the Secretary by the Ecclesiastical Authority of the Diocese.
(b). Lay representation:
(1). The Secretary of the Council, not later than six months before its annual meeting, shall advise each Parish and Aided Parish of the number of Lay Delegates and Alternate Lay Delegates to which it is entitled by the Constitution of the Diocese
(2) Each year, the Annual Parish Meeting or the Wardens and Vestry of each Parish or Aided Parish shall elect the number of Delegates and Alternate Delegates to which the Parish or Aided Parish is entitled by the Constitution of the Diocese. Following the election the Rector, Vicar, Priest in Charge or the Wardens shall register the Lay Delegates and pay any registration fees in the matter and at the time stated by the Secretary and the Department of Annual Council. Registration shall serve as certification that the persons so elected shall represent the Parish or Aided Parish in the next Annual Council of the Diocese and at all special and called meetings thereafter until the following Annual Council, and that all the named lay persons are confirmed communicants of the Church in good standing.
(3) Nonparochial Lay Delegates and Alternate Lay Delegates authorized by the Constitution of the Diocese shall be registered in the same manner and serve the same term as those from Parishes and Aided Parishes.
(4). When a worshipping community as defined in Section 2.(b). of Article 2 of the Constitution of the Diocese of Atlanta desires to be represented at a Diocesan Council, it shall submit a request, by the date set by the Department of Annual Council prior to the Diocesan Council at which representation is desired, to the Ecclesiastical Authority. The request shall be signed by the clerical members of the community and by at least three lay members of the community. Upon approval by the Ecclesiastical Authority, the request shall be submitted to the Diocesan Council. The Council shall act upon the request. Upon approval by the Council, the Lay Delegate shall be seated immediately thereafter for the duration of the Council. Each Worshipping Community as defined in Section 2.(b). of Article 2 of the Constitution of the Diocese of Atlanta desiring Council representation may elect, in such manner as it determines, one (1) Lay Delegate and one (1) Alternate Lay Delegate.
(5). A vacancy in the delegation of the Parish may be filled by appointment made by the Rector or Vicar, with the concurrence of the other Delegates from the Parish who are present, and if there be no elected Delegates or Alternate Delegates present, by an appointment made by the Rector or Vicar.
(6). Notice or communication required by this canon may be: in person; by telephone, fax, email or other form of wire or wireless communcation; or by mail or private carrier.
Section 3.
Upon registration with the Secretary of Council, each of the following persons not a member of the Council shall be entitled to all the privileges of the Council except the right to vote: Standing Committee members, officers of the Diocese, Chairs of Diocesan Departments, Commissions and Task Forces, Executive Board members, clergy not canonically resident in the Diocese who are licensed to officiate in the Diocese and are performing ordained ministries in a Parish or Aided Parish, and Diocesan staff members.
Section 4.
Attendance: It is declared the duty of every person entitled to a seat in the Council to attend every meeting thereof.
Canon 2 - Of the Officers of the Diocese
GOVERNANCE
Section 1.
The Chancellor:
(a). The Chancellor of the Diocese shall be elected annually by the Diocesan Council upon nomination by the Bishop, but in the event of a vacancy occurring in the office, a successor may be appointed by the Bishop, to serve until the next following Council. The Chancellor shall be a lay person learned in the law and must be a confirmed communicant of the Church in this Diocese.
(b). The Chancellor shall be the legal advisor and consultant of the Bishop. Upon the request of any official of the Diocese, or of any corporation, board or committee operating under the authority of the Diocese or the Diocesan Council, the Chancellor shall furnish a written opinion upon any question of law, together with the Chancellor’s recommendation in the premises. It shall be the Chancellor’s duty to submit at each Diocesan Council a written report covering the Chancellor’s performance of duty in the preceding twelve months.
(c). The Chancellor shall be entitled to be reimbursed for all expenses incurred in the performance of the Chancellor’s duty and in attendance upon the Council.
(d). The Bishop may, in the Bishop’s discretion, and from time to time, nominate to Council Deputy Chancellors, of like qualifications to that of the Chancellor, to be elected by the Council to serve until the next Annual Meeting of Council.
Section 2.
The Registrar:
The Registrar of the Diocese shall be elected annually at the Diocesan Council upon nomination by the Bishop, but in the event of a vacancy occurring in the office, a successor may be appointed by the Bishop to serve until the next following Council. The Registrar must be a confirmed communicant in the Church of this Diocese.
(a). The Registrar shall be the sole custodian and depository of:
(1). All Journals of Council of the Diocese of Atlanta, and of the Diocese of Georgia before 1907, and all Journals of the General Conventions;
(2). All deeds and other evidences of ownership, regardless of the name or names in which title has been acquired, to real or personal property owned by the Bishop or by any authority of the Diocese and by every dormant Parish, Mission, School or by any Camp or other subdivision of and under the Diocese;
(3). Copies of histories and other documents of historical interest pertaining to every Parish and Mission in the Diocese;
(4). All past minute books and reports of every corporation, board or committee operating under the authority of the Diocese or the Diocesan Council, except such as have been or may hereafter be published in the Journals; and
(5). All other documents and records necessary to preserve an accurate history of the Diocese. For the preservation and care of all such records, the Registrar shall be furnished with such adequate and sufficient fire-proof safes, vaults, and storage space as approved by the Finance Department. It shall be the Registrar’s duty to submit at each Diocesan Council a written report covering the Registrar’s performance of duty in the preceding twelve months.
(b). The Registrar shall be entitled to be reimbursed for expenses incurred in the performance of the Registrar’s duty and in attendance upon the Council.
Section 3.
The Secretary:
The Secretary shall be elected annually by the Council upon nomination of the Bishop. The Secretary shall also be the Secretary of Council and shall keep a correct record of its proceedings, which record shall be signed by the presiding officer within thirty (30) days after the final adjournment of the Council, and to be filed in the Bishop’s office. The Secretary shall perform all the duties required of the Secretary under the Canons of the General Convention and all others usually appertaining to the office of Secretary or that may be required of the Secretary by the Council.
Section 4.
The Treasurer:
The Treasurer shall be elected annually by the Council upon nomination of the Bishop; the Treasurer’s duty shall be to collect and hold all funds as provided for in the Canons and as derived from assessments and apportionments and otherwise, and to disburse the same according to the budgets approved by Council. The Finance Department, with the advice of the Treasurer, shall employ a qualified accountant or bookkeeper to assist the Treasurer in keeping full and complete financial records and in the preparation of reports. The compensation of such accountant or bookkeeper shall be fixed by the Finance Department.
(a). The Treasurer shall make such reports as may be provided by Canon.
(b). The Treasurer and accountant or bookkeeper shall be bonded in such amount and under such terms and conditions as the Finance Department may prescribe, not less than ten thousand dollars, with corporate surety to be approved by the Finance Department.
(c). All funds shall be deposited in such banks as the Finance Department may direct in the name of the Diocese, and checks thereon drawn by the Treasurer and countersigned, if so provided by the Finance Department, by such persons as the Finance Department may designate.
(d). Vacancies in the office of Treasurer, by death, resignation, or otherwise, occurring between regular sessions of the Council, shall be filled by the Finance Department on nomination by the Ecclesiastical Authority.
Canon 3 - Of the Standing Committee
GOVERNANCE
Section 1.
The Standing Committee shall be composed of six members, three clergy and three lay. One clerical and one lay member shall be elected at each Annual Council for a term of three years. No member of the Standing Committee completing more than one half of a term shall be re-elected until after an interval of one year from completion of an elected term, except that a member elected to fill a vacancy and who has served less than one half of a term shall be eligible for election.
Section 2.
The Standing Committee shall meet within thirty days of election of new members and elect a President and a Secretary. Vacancies on the Standing Committee shall be filled by election by the remaining members.
Section 3.
The Standing Committee shall meet in conformity with the Constitution and Canons of General Convention and the Diocese of Atlanta and in accordance with the rules established by the members. The Committee shall keep a record of its proceedings.
Section 4.
A majority of the members shall constitute a quorum, all having been notified of the meeting. The President or the Bishop may summon a special meeting when necessary. The President shall call a meeting whenever requested to do so by two of its members. The Standing Committee shall meet when necessary to exercise its function as the Council of Advice to the Bishop.
Section 5.
The rights and duties of the Standing Committee, except those provided by the Constitution and Canons of the General Convention, are prescribed by the Canons of the Diocese of Atlanta.
Section 6.
The Standing Committee shall annually report its proceedings to the Diocesan Council except for its function as the Council of Advice to the Bishop.
Canon 4 - Of the Board of Officers of the Corporation
GOVERNANCE
Section 1.
The Bishop, or in the Bishop’s absence the Bishop Coadjutor or the Suffragan Bishop, and members of the Executive Committee of the Executive Board shall constitute the Board of Officers of the Diocesan Corporation, and shall, except during the sessions of the Council, exercise the power and authority of the Corporation under its charter.
Section 2.
In all instances under which the Bishop of the Diocese is vested with title to real property or any interest therein of any kind for the use and benefit of the Diocese or any Parish, Congregation, Board, Committee or other body of the Diocese, the same shall not be sold or encumbered by the Bishop except the same be approved by the Board of Officers of the Corporation.
Section 3.
The Board of Officers of the Corporation, except when Council is in session, is hereby fully authorized and empowered after procuring the advice of the Chancellor, to act upon and determine all matters relative to property or any interest therein or which is held in trust for the use and benefit of the Diocese or any such institution thereof, to the same extent that the Council could act if in session.
Canon 5 - Of the Executive Board of the Diocese
GOVERNANCE
Section 1.
(a). The Executive Board (hereinafter to be called The Board) shall be composed of
(1). the Bishop, the Bishop Coadjutor if there be one, the Suffragan Bishop if there is one, and
(2). one cleric and one lay person from each of the Convocations. Each member is to be elected as provided in paragraph (b) of this Section. The Board shall promptly fill vacancies in its elected membership from persons canonically resident in the Convocation in which the vacancy occurred. The Bishop may appoint not more than four additional members to the Board with seat, voice, and vote, each of whom shall be a cleric or a lay person canonically resident in the Diocese.
(b). The clerical and lay members of the Board from the Convocation shall be elected in the following manner: Each year prior to the annual meeting of the Council, or at some convenient time during the meeting of the Council, each Convocation with representation according to Canon 6, Section 4, shall meet and elect one cleric or one lay person from the respective Convocation for a two-year term to the Executive Board. Terms shall be for a period of two years. Tenure of any member of the Board shall be restricted to two consecutive terms, after which a member shall be ineligible for re-election or re-appointment until after the lapse of one year.
(c). Immediately upon the creation of a new Convocation of the Diocese, such Convocation shall elect a cleric to the Board for a one (1) year term and a lay person to the Board for a two (2) year term. Thereafter, as these terms expire, all such elections shall be for two (2) year terms.
(d). Should a Convocation cease to exist for any reason, or be merged into another Convocation, the term of any members elected by that Convocation to the Board shall immediately expire.
Section 2.
There shall be an Executive Committee, of which the Bishop of the Diocese shall be Chairperson (in the absence of the Bishop, the Bishop Coadjutor, if there be one, shall serve as Chairperson or in the Bishop’s absence, the Suffragan Bishop, if there be one, shall serve as Chairperson), together with three clerics and three lay persons elected by the Executive Board from its own elected membership, provided that at least two of the six persons be from the Convocations outside the Atlanta District. This Executive Committee shall act for the Executive Board between meetings, consistent with the policies of the Executive Board and the Diocesan Council, in regard to program, and the Executive Committee, together with the Bishop, shall ex-officio constitute the Board of Officers of the Corporation.
Section 3.
The Bishop and the Executive Board may establish operating components of its organization with such titles as Divisions, Commissions, Committees, etc., and they may change them from time to time as they may deem expedient. The Bishop, the Bishop Coadjutor, if there be one, and the Suffragan Bishop, if there be one, shall be ex-officio members of all such operating components.
Section 4.
The Bishop shall appoint, with consent of the Executive Board, a chairperson for each department of the Executive Board, such chairperson not necessarily to be from the membership of the Executive Board. If not members of the Executive Board, they shall have seat and voice but no vote on the Executive Board.
Canon 6 - Of Convocations
GOVERNANCE
Section 1.
For administrative and other purposes, and especially for mission and extension work, the congregations and non-parochial clergy of the Diocese are organized into as many convocations as the Ecclesiastical Authority shall from time to time direct subject to the approval of the Executive Board or the Council. Changes in assignments may be made from time to time by the Ecclesiastical Authority subject to such approval. When changes and assignments are made, they shall be reported to the Deans of the Convocations involved, the congregations involved, and to the Secretary of the Council. The Secretary of the Council shall report the current Parish assignments in the Journal of the Council.
Section 2.
The Ecclesiastical Authority shall appoint a resident cleric from each Convocation to be Dean of the Convocation.
Section 3.
Each Dean of Convocation shall be generally responsible to the Ecclesiastical Authority and to the Department of Congregation Development for missionary and extension work in the area around the congregations in the Convocation not otherwise being served by a congregation of the Diocese. Deans shall have such other specific duties as the Ecclesiastical Authority may direct.
Section 4.
Each Convocation shall meet at least one time a year and at other times deemed necessary by the Dean or by the Ecclesiastical Authority. All clergy canonically resident in or assigned to a Convocation shall be entitled to seat and vote. Lay representation shall be the duly elected Delegates and Alternate Delegates to Council from each Parish and Aided Parish of the Convocation and such other representatives as the Convocation shall determine.
Canon 7 - Of Deputies to the General Convention
GOVERNANCE
Section 1.
Council shall elect, no later than twelve months before the opening date of General Convention, four (4) clerics, Presbyters or Deacons, canonically resident in the Diocese and four (4) lay persons, communicants of this Church, in good standing in the Diocese, but not necessarily domiciled in the Diocese, as its Deputies to the General Convention next following. An equal number of like qualified Alternate Deputies shall be elected from each Order.
Section 2.
Every Deputy to the General Convention, who may be unable to attend its sessions, shall as soon as the fact of such inability is ascertained, send a resignation as such Deputy to the Bishop, who shall, as soon as practicable, fill the vacancy by appointing one of the Alternates in the sequence in which they were chosen by the Council. The Alternates so appointed shall be of the same Order as the Deputy who resigned. If none of the Alternates so elected should accept such an appointment, the Bishop may appoint a Deputy of like qualifications as the Deputy who resigned. Should a vacancy occur during the session of the General Convention, the Deputies present from the Diocese may fill the vacancy by electing one qualified to hold the office.
Canon 8 - Of the Board of Governors of the Mikell Camp and Conference Center
GOVERNANCE
Section 1.
The Mikell Camp and Conference Center shall be under the control and direction of a Board to be known as Board of Governors of The Mikell Camp and Conference Center.
Section 2.
The Board of Governors shall consist of:
(a). The Bishop, Bishop Coadjutor, and the Suffragan Bishop, if any; and
(b). The Chairperson of the Board to be appointed by the Bishop; and
(c). The Treasurer to be elected for a term of three (3) years by the Board of Governors with the advice and consent of the Bishop, and appointed by the Bishop to the Finance Department of the Diocese. The Treasurer may be any person, clerical or lay, in good standing in the diocese, other than the Chairperson of the Board, the Director Mikell Camp and Conference Center, or any employee of Mikell Camp and Conference Center; and
(d). Three (3) persons, clergy or laity, appointed by the Bishop, one to be appointed for a three-year term, one to be appointed for a two-year term, and one to be appointed for a one-year term at the first appointment and thereafter all members for terms of three years. Vacancies for unexpired terms may be filled by the Bishop; and
(e). Six (6) persons, clergy or lay, two (2) of which shall be annually elected by Annual Council for a term of three (3) years. The Annual Council adopting this amendment shall elect the appropriate number of members to provide staggered three (3) year terms, two (2) of which thereafter expire each year, acknowledging the unexpired term of present members of the Board. Vacancies for unexpired terms shall be filled by the Executive Board; and
(f). Three (3) persons elected by the Episcopal Church Women at their annual meeting, one to be elected for a three-year term, one to be elected for a two-year term, and one to be elected for a one-year term at the first election and thereafter all members for terms of three years. Vacancies for unexpired terms may be filled by the Executive Board of the Episcopal Church Women; and
(g). Two youths, appointed by the Bishop, one to be appointed for a two year term and one to be appointed for a one year term at the first appointment and thereafter all members for terms of two years. Youth appointees should be of an age that less than half of their term will be served after graduation from high school. Vacancies for unexpired terms may be filled by the Bishop; and
(h). The Director of the Mikell Camp and Conference Center, ex-officio.
Any member may be re-appointed or re-elected after an absence of one year. Members named for an unexpired term and who serve less than one-half of a full term shall be eligible for re-election or re-appointment. The Treasurer may be re-elected to successive terms.
Section 3.
Duties of the Board of Governors:
(a). The Board of Governors shall have budget responsibility for the program, care and maintenance of the physical properties of the Camp and Conference Center, the program and activities to be conducted thereat, and the uses to which the same may be properly put. All property, monies and funds accruing to or connected with the Camp and Conference Center shall be turned over to the Board.
(b). The Board of Governors shall, in consultation with the Director, establish the necessary staff to operate the Camp and Conference Center and fix their salaries, titles, and duties. The members of the staff shall be under the supervision of the Director.
(c). The Board shall, in consultation with the Director, draw up By-laws which will contain the general rules under which the Camp and Conference Center shall operate.
Section 4.
Organization of the Board of Governors:
(a). The Board shall be organized into such committees as the Board may determine. The Chairperson of the Board shall appoint committee chairpersons from the membership of the Board. Committee chairpersons shall select the membership of their committees.
(b). The Bishop, the Chairperson of the Board, the Treasurer, other Board members as the Chairperson of the Board may appoint, and the Director of the Mikell Camp and Conference Center shall constitute the Executive Committee of the Board.
(c). The Executive committee shall have the power and authority to act for the Board between meetings of the Board.
Section 5.
Meetings of the Board of Governors: The Board of Governors shall hold not fewer than four meetings each year, one in each calendar quarter, and at such other times as deemed necessary by the Chairperson. The committees will meet whenever it is considered advisable, will consider problems falling under their responsibility, and will make recommendations to the Board.
Canon 9 - Of the Board of Governors of the Appleton Episcopal Ministries
GOVERNANCE
Section 1.
The Mikell Camp and Conference Center shall be under the control and direction of a Board to be known as Board of Governors of The Mikell Camp and Conference Center.
Section 2.
The Board of Governors shall consist of:
(a). The Bishop, Bishop Coadjutor, and the Suffragan Bishop, if any; and
(b). The Chairperson of the Board to be appointed by the Bishop; and
(c). The Treasurer to be elected for a term of three (3) years by the Board of Governors with the advice and consent of the Bishop, and appointed by the Bishop to the Finance Department of the Diocese. The Treasurer may be any person, clerical or lay, in good standing in the diocese, other than the Chairperson of the Board, the Director Mikell Camp and Conference Center, or any employee of Mikell Camp and Conference Center; and
(d). Three (3) persons, clergy or laity, appointed by the Bishop, one to be appointed for a three-year term, one to be appointed for a two-year term, and one to be appointed for a one-year term at the first appointment and thereafter all members for terms of three years. Vacancies for unexpired terms may be filled by the Bishop; and
(e). Six (6) persons, clergy or lay, two (2) of which shall be annually elected by Annual Council for a term of three (3) years. The Annual Council adopting this amendment shall elect the appropriate number of members to provide staggered three (3) year terms, two (2) of which thereafter expire each year, acknowledging the unexpired term of present members of the Board. Vacancies for unexpired terms shall be filled by the Executive Board; and
(f). Three (3) persons elected by the Episcopal Church Women at their annual meeting, one to be elected for a three-year term, one to be elected for a two-year term, and one to be elected for a one-year term at the first election and thereafter all members for terms of three years. Vacancies for unexpired terms may be filled by the Executive Board of the Episcopal Church Women; and
(g). Two youths, appointed by the Bishop, one to be appointed for a two year term and one to be appointed for a one year term at the first appointment and thereafter all members for terms of two years. Youth appointees should be of an age that less than half of their term will be served after graduation from high school. Vacancies for unexpired terms may be filled by the Bishop; and
(h). The Director of the Mikell Camp and Conference Center, ex-officio.
Any member may be re-appointed or re-elected after an absence of one year. Members named for an unexpired term and who serve less than one-half of a full term shall be eligible for re-election or re-appointment. The Treasurer may be re-elected to successive terms.
Section 3.
Duties of the Board of Governors:
(a). The Board of Governors shall have budget responsibility for the program, care and maintenance of the physical properties of the Camp and Conference Center, the program and activities to be conducted thereat, and the uses to which the same may be properly put. All property, monies and funds accruing to or connected with the Camp and Conference Center shall be turned over to the Board.
(b). The Board of Governors shall, in consultation with the Director, establish the necessary staff to operate the Camp and Conference Center and fix their salaries, titles, and duties. The members of the staff shall be under the supervision of the Director.
(c). The Board shall, in consultation with the Director, draw up By-laws which will contain the general rules under which the Camp and Conference Center shall operate.
Section 4.
Organization of the Board of Governors:
(a). The Board shall be organized into such committees as the Board may determine. The Chairperson of the Board shall appoint committee chairpersons from the membership of the Board. Committee chairpersons shall select the membership of their committees.
(b). The Bishop, the Chairperson of the Board, the Treasurer, other Board members as the Chairperson of the Board may appoint, and the Director of the Mikell Camp and Conference Center shall constitute the Executive Committee of the Board.
(c). The Executive committee shall have the power and authority to act for the Board between meetings of the Board.
Section 5.
Meetings of the Board of Governors: The Board of Governors shall hold not fewer than four meetings each year, one in each calendar quarter, and at such other times as deemed necessary by the Chairperson. The committees will meet whenever it is considered advisable, will consider problems falling under their responsibility, and will make recommendations to the Board.
Canon 10 - Of the Trustees of the University of the South
GOVERNANCE
Section 1.
The Bishop shall nominate candidates and the Annual Council shall elect one presbyter and two lay communicants of the Diocese of Atlanta to be Trustees of the University of the South for three year, staggered terms. The order of nominations and elections shall follow the order in effect at the time of adoption of this canon. The proposed Trustees shall meet the following criteria:
(a) Trustees shall be personally committed to the aims and purposes of the University as set forth in its Mission Statement and Constitution, Ordinances and other governing documents.
(b) Each Trustee shall demonstrate his or her personal commitment to the University by, among other things, attending the Board of Trustees annual meeting, such other special meetings as may be called, and one orientation session for new Trustees, which sessions are held immediately prior to each annual meeting. Trustees shall also familiarize themselves with the Trustee Handbook and the University’s governing documents, including its Charter, as amended, Constitution and Ordinances.
(c) Trustees shall serve as direct communicators between the University and the Diocese from which the Trustee was elected, and shall timely inform that Diocese of the actions of the Boards of Trustees and Regents and the University administration.
(d) Trustees shall provide a meaningful level of annual financial support to the University as a symbol of their commitment to its mission and financial well-being.
Section 2.
In the event a Trustee becomes unwilling or unable to serve, the Bishop shall appoint a qualified lay communicant or presbyter, as appropriate, to complete the remainder of the term.
Section 3.
A Trustee may be elected to no more than four consecutive terms, after which, one year must elapse before that Trustee is eligible for election.
Section 4.
Trustees shall report annually to the Diocesan Council on conditions and affairs of the University of the South.
Canon 11 - Of Church Construction
GOVERNANCE
Section 1.
There shall be a Commission on Church Architecture and Church Construction appointed annually by the Bishop.
Section 2.
The governing body of any Parish or Aided Parish or diocesan-owned property shall not erect a new building, or make structural alterations or additions requiring a building permit to any present building on its Church property without first securing the advice of the Commission for such proposed construction. The governing body of any Parish or Aided Parish or diocesan-owned property desiring such construction shall submit, under rules and regulations promulgated by the Commission and approved by the Bishop, the following:
(a) Intention to Initiate;
(b) Schematic Drawings and Specifications;
(c) Design Development Drawings and Specifications; and
(d) Such other Plans as shall be required by the Commission.
Section 3.
After each submission, the Commission will, within thirty (30) days, meet with such Rector, Vicar, Wardens and Vestry as it deems appropriate. If the Commission does not within sixty (60) days after such submission offer its advice, then such submissions shall be taken as approved by the Commission.
Section 4.
Following construction, as-built drawings and specifications shall be furnished to the Diocese as soon as practicable.
Section 5.
Should any dispute arise as to the application of this Canon, such dispute shall be referred to the Bishop for resolution.
Canon 12 - Of the Commission on Ministry
GOVERNANCE
Section 1.
The Commission on Ministry shall consist of at least ten (10) persons, both clerical and lay, who shall be appointed annually by the Bishop or Ecclesiastical Authority.
Section 2.
The Commission shall assist the Bishop in determining present and future needs for all ministry in the Diocese.
Section 3.
The Commission shall also assist the Bishop in matters pertaining to the enlistment and selection of persons for Holy Orders and in the guidance of all Postulants and Candidates and in determining the future needs for ordained ministry in the Diocese.
Canon 13 - Of the Diocesan Newspaper
GOVERNANCE
Section 1.
There shall be published and distributed a Diocesan newspaper at such times and in such form as the budget of the Diocesan Expenses shall provide.
Section 2.
The Diocesan newspaper shall be written and published under the direction of the Communication Board.
Section 3.
The Editor and Business Manager shall be the Director of Communication of the Diocese of Atlanta as appointed from time to time by the Bishop in consultation with the Department of Communication.
Canon 14 - Of Vacancies
GOVERNANCE
Section 1.
Every committee or board elected by the Council, or appointed by its authority shall have power to fill any vacancy which may occur in its body, unless otherwise provided by Canon.
Section 2.
If any other individual elected or appointed to perform a duty dies, or removes from the Diocese, or shall decline to serve, the Ecclesiastical Authority shall appoint another.
Section 3.
Every expense incurred by any member of such committee or any individual during the Council incident to the discharge of duties shall be paid by the Treasurer of the Diocese on proper vouchers therefor.
Canon 15-19 - Reserved
GOVERNANCE
All Canons and resolutions of the Diocese of Atlanta in conflict with the foregoing Canons are hereby repealed.
Canon 20 - Of the Funding of the Ministry and the Mission of The Diocese of Atlanta
GOVERNANCE
(adopted at Diocesan Council, November 2005.)
Section 1.
We the people, clergy, and parishes of the Diocese of Atlanta acknowledge our need to give of our time, talent, and treasure for the work of Christ. We further embrace our strong heritage, expressed both in the Bible and in longstanding Tradition, of parishes supporting one another and joining together to accomplish the work of Christ. We acknowledge our responsibility to support the episcopacy and to provide for the mission of the Church. We recognize the tithe as the minimum standard of biblical giving, and we acknowledge the important example our parishes provide to parish members by practicing the tithe. Finally, we feel strongly the bonds we have toward one another as members of the Body of Christ. We therefore desire that funding of the ministry and mission of the Diocese be accomplished fairly and equitably, within a framework that promotes both compassion and accountability. We seek a framework in which no parish will be required to contribute more than a fair share, and no parish will be allowed to contribute less than a fair share. To these ends:
Section 2.
Ten percent (a tithe) of the average of the past three year Total Operating Revenue (as reported on the Annual Parochial Report) shall be the minimum amount each parish shall give in support of the Ministry and Mission Budget of the Diocese. On or before June 15 of each year, the Finance Committee shall give notice to each parish of its ten-percent minimum contribution (based on its Annual Parochial Report data) for the Mission and Ministry Budget of the Diocese for the upcoming year. In the event that a parish has not filed a timely Annual Parochial Report, the Finance Committee shall substitute the most recently filed parochial report for its calculations. Should the parish subsequently file an Annual Parochial Report showing Total Operating Revenues differing from that used in the computation, the Finance Committee shall adjust the required contribution to the Budget of the Diocese, as appropriate.
Section 3.
For most parishes, the ten-percent minimum will be an appropriate fair share. For some parishes an appropriate fair-share may be a voluntary contribution of more than ten-percent. Because of extenuating circumstances, a parish may be unable to give the ten-percent minimum and shall be afforded an appeal opportunity as described herein. Not later than August 15, all parishes shall acknowledge, in writing to the Director of Finance, their commitment to give ten-percent, more than ten percent, or state their intent to appeal.
Section 4.
Any parish believing that, for good cause, it will be unable to give a minimum of ten percent to the Budget of the Diocese may file a written appeal signed by the Rector (or Vicar) and Senior Warden not later than August 15 with an Assessment Appeal Board. The Assessment Appeal Board shall meet with representatives of the parish filing an appeal. The parish will be given an opportunity to request a reduction from the ten-percent minimum contribution for the year in question. The Assessment Appeal Board shall operate pursuant to guidelines and timelines provided by the Executive Board. In making its determination, the Assessment Appeal Board shall consider, among other factors, the parish’s current monthly financial report, the level of stewardship training and education in the parish, the nature of the annual stewardship campaign in the parish, any extraordinary circumstances faced by the parish, and other data as considered relevant by the parish and the Assessment Appeal Board. After such review, the Assessment Appeal Board may reduce the percentage of the assessment for that parish for that year or affirm that ten percent is a minimum assessment. Such decision, and the reasons therefore, shall be communicated in writing to the Rector (or Vicar) and Senior Warden, the Bishop, Executive Board, and the Director of Finance of the Diocese. In the event that the Assessment Appeal Board grants a reduction, that Board shall refer the parish to the Commission on Stewardship and the Commission for Congregational Growth and Development. These Commissions will assist the parish leadership in developing a plan to enhance stewardship and enable the parish to increase its giving to the ten-percent minimum.
Section 5.
In the event that annual contributions from any parish fall short of the minimum ten-percent or the reduced amount set by the Assessment Appeal Board, at the next Annual Council of the Diocese the cleric and lay delegates of that parish will be denied vote on all matters of business and denied voice regarding matters related to finance or the expenditure of diocesan funds. In addition, such parishes shall not call any assistant or associate clergy, nor fill vacancies for such clergy. In the second successive year of not contributing the fair-share amount, any such parish shall, by operation of this canon, have its status changed to that of an Aided Parish of this Diocese.
Section 6.
The Assessment Appeal Board shall consist of three lay and three cleric members. The Executive Board, with the consent of the Bishop, shall appoint these six members of the Assessment Appeal Board for a three-year term. Initially, the Executive Board shall establish staggered classes of this board, with two people sitting for a one year term, two people for a two-year term, and the final two for a full three-year term. Thereafter, the Executive Board shall appoint two members each year to serve a full three-year term. The Bishop shall appoint annually a convener as a seventh member, who will vote only to break ties. The Executive Board will make a good faith effort to appoint members of the Assessment Appeal Board as follows: two will be appointed from parishes having Total Operating Revenues in the upper one-third of the diocese, two will be appointed from parishes having Total Operating Revenues in the middle one-third of the diocese, and two will be appointed from parishes having Total Operating Revenues in the lower one-third of the diocese. In addition, the Executive Board will make a good faith effort to ensure broad geographical representation on the Assessment Appeal Board.
Section 7.
Every congregation in the Diocese shall include in its annual budget the amount of its fair-share contribution (assessment) for the support of the Mission and Ministry Budget of the Diocese. A portion of the annual contribution is to be paid to the Diocese on or before the twentieth day of each month.
Section 8:
The Executive Board shall prepare a tentative Diocesan Mission and Ministry Budget and send it to each Vestry. Each Vestry shall, by a date set by the Executive Board, consider the mission and ministry priorities of the Diocese and report recommended changes in the Ministry and Mission Budget to the Executive Board. The Executive Board, in its discretion, may develop additional means of soliciting recommendations from the people and parishes of the Diocese. When the process for receiving such recommendations is ended, the Executive Board, with the assistance of the chairs of Diocesan commissions, committees, and the Diocesan staff, shall develop a Proposed Ministry and Mission Budget that reflects the mission priorities of the Diocese.
Section 9.
Council shall consider the Proposed Mission and Ministry Budget, make amendments as desired, and approve and return the resulting Proposed Mission and Ministry Budget to the Executive Board. Using the Proposed Mission and Ministry Budget approved by Council, the Executive Board shall establish and adopt the Mission and Ministry Budget in its final form. Copies of the budget in its final form shall be mailed to all Vestries. The Executive Board shall give direction to and administer the gross amounts budgeted through its various departments. The Treasurer shall make a detailed financial status report for the previous and current year to Council in session.
Section 10.
This canon shall take effect on January 1, 2006, in preparation for the 2007 budget year.
Canon 21 - Of the Finance Department
GOVERNANCE
Section 1.
There is hereby created a Finance Department to have the powers and perform such other duties as may be delegated to it by the Executive Board or by the Council.
Section 2.
The members of the Finance Department shall consist of at least three members of the Executive Board, a member of the Standing Committee, and five other members as the Bishop shall determine. At least three of the nine members shall be members of the clergy canonically resident in this Diocese. All appointments, including the Chairperson of the Department, shall be made by the Bishop who shall report such appointments to the Executive Board.
Section 3.
The Finance Department shall be directors and supervisors of all financial affairs of the Diocese, but it shall not direct the manner of payment of any of the monies administered by the other Boards and Departments of the Diocese, except as to the budgets expressly approved by the Executive Board for that fiscal year. To this Department shall be submitted at such time during the year as provided by Canon or as the Department shall require, reports of all Diocesan individuals, Boards and Committees handling monies, including, but not excluding others, the Board of Governors of Appleton Family Ministries, the Episcopal Church Women, the Board of Officers, the Cathedral Board of Trustees, Mikell Camp and Conference Center, Emmaus House, Episcopal Charities Foundation, Treasurer, the Executive Board, and the Bishop as to the Trust Funds that are held in the Bishop’s name, in such detail as the Finance Department shall determine; provided, however, that the Treasurer shall make a monthly report to this Department of receipts and disbursements in detail, and send a copy to the Chairperson of the Finance Department and to the Bishop of the Diocese. The Finance Department shall make a comprehensive report to the Council annually of the financial affairs of all Diocesan Institutions, Boards, and Committees.
Section 4.
The Finance Department shall cause an audit to be made at least annually of all Funds administered by the Diocese. All such audits shall be made by a Certified Public Accountant. The Treasurers and Diocesan staff administering Funds thereof shall be under bond.
Section 5.
The Finance Department shall meet regularly and shall make such additional reports as may be necessary to show the current financial condition of all Diocesan Funds.
Section 6.
The Finance Department shall provide, with the approval of the Executive Board, in one of the budgets prepared by it, for annual amounts to be paid to the Permanent Fund in support of the Episcopate, and for such other purposes from time to time as it may deem advisable and worthy.
Canon 22 - Of Trust Funds
GOVERNANCE
Section 1.
There is hereby created a Finance Department to have the powers and perform such other duties as may be delegated to it by the Executive Board or by the Council.
Section 2.
The members of the Finance Department shall consist of at least three members of the Executive Board, a member of the Standing Committee, and five other members as the Bishop shall determine. At least three of the nine members shall be members of the clergy canonically resident in this Diocese. All appointments, including the Chairperson of the Department, shall be made by the Bishop who shall report such appointments to the Executive Board.
Section 3.
The Finance Department shall be directors and supervisors of all financial affairs of the Diocese, but it shall not direct the manner of payment of any of the monies administered by the other Boards and Departments of the Diocese, except as to the budgets expressly approved by the Executive Board for that fiscal year. To this Department shall be submitted at such time during the year as provided by Canon or as the Department shall require, reports of all Diocesan individuals, Boards and Committees handling monies, including, but not excluding others, the Board of Governors of Appleton Family Ministries, the Episcopal Church Women, the Board of Officers, the Cathedral Board of Trustees, Mikell Camp and Conference Center, Emmaus House, Episcopal Charities Foundation, Treasurer, the Executive Board, and the Bishop as to the Trust Funds that are held in the Bishop’s name, in such detail as the Finance Department shall determine; provided, however, that the Treasurer shall make a monthly report to this Department of receipts and disbursements in detail, and send a copy to the Chairperson of the Finance Department and to the Bishop of the Diocese. The Finance Department shall make a comprehensive report to the Council annually of the financial affairs of all Diocesan Institutions, Boards, and Committees.
Section 4.
The Finance Department shall cause an audit to be made at least annually of all Funds administered by the Diocese. All such audits shall be made by a Certified Public Accountant. The Treasurers and Diocesan staff administering Funds thereof shall be under bond.
Section 5.
The Finance Department shall meet regularly and shall make such additional reports as may be necessary to show the current financial condition of all Diocesan Funds.
Section 6.
The Finance Department shall provide, with the approval of the Executive Board, in one of the budgets prepared by it, for annual amounts to be paid to the Permanent Fund in support of the Episcopate, and for such other purposes from time to time as it may deem advisable and worthy.
Canon 23 - Of Church Debt
GOVERNANCE
Section 1.
No indebtedness shall be incurred by an Aided Parish without prior approval of the Bishop and the Department of Finance.
Section 2.
Indebtedness may be incurred by a Parish without the prior approval of the Bishop and the Department of Finance, where the debt service (i.e., annual payments of principal and interest) including debt service for all indebtedness heretofore incurred for current expenses and still existing, does not exceed 20% of the total annual receipts of such Parish during the preceding fiscal year. Short-term indebtedness in excess of the 20% limit may be incurred when there is reasonable expectation that it can be repaid in its entirety out of Parish receipts within the next three (3) years, and budget provision for such repayment has been so made. No further indebtedness may be incurred without the approval of the Bishop and Department of Finance.
Section 3.
The Bishop and the Department of Finance must be notified before any short-term or long-term indebtedness is incurred.
Section 4.
Providing that, in computing receipts under Section 2 hereof, amounts from or for endowments or from or by bequests, except income therefrom not specifically designated, and receipts for expenditures other than parochial shall not be included.
Section 5.
Provided that under any circumstances for which approval is required, it shall be granted only when the payment of all indebtedness shall be provided for in a plan of amortization or other method of payment to be submitted to and approved by the same authority.
Canon 24 - Of the Thanksgiving Day Offering
GOVERNANCE
Section 1.
Every minister in charge of any Church in this Diocese shall take a special offering for the Appleton Family Ministries Fund for Children and Youth at Risk on Thanksgiving Day or between the Sundays preceding and following Thanksgiving Day, both inclusive.
Section 2.
Every such minister shall report annually to the Council as to said offering; and if any be not taken, shall state in the Parochial Report the cause of such omission.
Canon 25 - Of Expenses of Diocesan Committees and Diocesan Boards
GOVERNANCE
Section 1.
Members of Diocesan Boards and Committees, by whatever name, shall be paid their actual traveling expenses for attendance upon duly called meetings of such agency as follows:
(a). By any such agency if it is in control of sufficient funds.
(b). From the General Treasury of the Diocese when and where such agency is not in control of sufficient funds.
Section 2.
That such reimbursement shall be made according to such rules and regulations as the Treasurer of the Diocese or such agency shall prescribe.
Canon 26-29 - Reserved
GOVERNANCE
All Canons and resolutions of the Diocese of Atlanta in conflict with the foregoing Canons are hereby repealed.
Canon 30 - Of Parishes and Aided Parishes
GOVERNANCE
Section 1.
Any congregation in which the Sacraments are regularly administered, the Gospel preached, and the Ministry and Mission of Jesus Christ actively pursued according to the Doctrine and Discipline of the Episcopal Church, the said congregation also being in communion with the Bishop and the Council of The Episcopal Church in the Diocese of Atlanta and contributing of its time, talents, and financial resources to the support of the Diocese of Atlanta and to the Episcopal Church, shall constitute a Parish in the Diocese of Atlanta with the approval of the Bishop and the Diocesan Council. Active pursuit of the Ministry and Mission of Jesus Christ includes the following items as a minimum:
(a). Regular Worship services throughout the year;
(b). Christian education;
(c). Pastoral care and visitation;
(d). Stewardship of time, talents, and financial resources;
(e). Evangelization; and
(f). Outreach to the community in which it is located.
Section 2.
For administrative purposes, there shall be two categories of Parish in the Diocese of Atlanta: Parish and Aided Parish.
(a). A Parish exists when the congregation, in addition to fulfilling its ministry and mission to the people of God in its community, is self-supporting and also contributes proportionately of its human and financial resources to the ministry and mission of the Diocese and of The Episcopal Church.
(b). An Aided Parish exists when the Diocese of Atlanta or another Parish provides financial assistance to enable it to pursue and implement its ministry and mission.
(c). Whenever the term “Parish” is used in these Canons, it shall include both administrative categories of Parish except in those cases where a provision is made for Aided Parishes. In such excepted cases, the provisions applying to an Aided Parish shall apply to Aided Parishes alone.
(d). An administrative category shall not be changed without securing the approval of the Bishop.
Section 3.
Each Parish shall be under the pastoral care and supervision of a Minister canonically resident in the Diocese of Atlanta or licensed by the Bishop of Atlanta. Any Minister in Holy Orders who shall be assigned the care of a Parish not an Aided Parish shall be canonically resident in the Diocese of Atlanta.
Section 4.
A Parish may be established in the Diocese of Atlanta in the following manner:
(a). The Bishop of the Diocese of Atlanta may desire to establish a Parish in a given location and contact people in that area, including a reasonable number of Communicants of The Episcopal Church. Alternatively, a reasonable number of Communicants of The Episcopal Church, which includes at least three (3) confirmed communicants aged 18 years or over, may desire to establish a Parish. In either case, the people and the Bishop meet and consult together. If the people and the Bishop desire to continue the endeavor, the Bishop may authorize the people to meet as a worshipping community subject to the Canons of The Episcopal Church and of The Diocese of Atlanta and to any requirements the Bishop of Atlanta may further set forth in writing. The Bishop may assign a Minister to lead the group during this time. When the people desire to establish a Parish, they may apply to the Bishop for permission to make application to the Council. Upon approval by the Bishop, the people may then petition the Council as set forth in subsection (b) below.
(b). After receiving the Bishop’s approval, the people desiring to establish a Parish shall submit three copies of the following petition at least forty days and not more than ninety days before the Diocesan Council to be held next thereafter. The petition shall be submitted through the Bishop of the Diocese of Atlanta who shall refer it to the Diocesan Council with any recommendations. The petition shall be signed by not less than three members of the group aged eighteen years or over who are confirmed communicants of The Episcopal Church. Any Minister in charge of the group, shall approve the petition by signature thereon.
PETITION
We whose names are hereunto signed, and who are confirmed communicants of The Episcopal Church or who are desirous of being confirmed communicants of the Episcopal Church, deeply sensible of the truth of the Christian Religion and conscientiously attached to the Doctrine, Discipline, and Worship of the Church known as the Protestant Episcopal Church in the United States of America, and being desirous of further establishing its authority and securing its holy influences for ourselves, our families, and neighbors and those who come after us, do hereby respectfully petition the Ecclesiastical Authority and the Council of the Diocese of Atlanta that we be granted the status of a Parish of The Episcopal Church in the Diocese of Atlanta, under the name and title of N and we do hereby solemnly promise and declare that the said Parish shall forever be held under the Ecclesiastical Authority of the Diocese of Atlanta, the authority of which we do recognize, and to the liturgy, doctrine, discipline, rites and usages of The Episcopal Church in the United States of America we promise for ourselves and our successors corporate obedience and conformity at all times, so help us God. Furthermore, we solemnly engage and stipulate that all real and personal property of which the Parish is or may become possessed is held in trust for this Church and the Diocese of Atlanta and shall be secured against alienation from the Episcopal Church in the Diocese of Atlanta unless such alienation shall be in conformity with its Canons.”
(c). The Bishop shall refer the petition to the Council of the Diocese with any recommendations. The Council of the Diocese meeting next after the submission of the petition shall act on it. Upon approval by the Council of the petition for admission as a Parish, the group is thereupon admitted into union with the Bishop and the Council as a Parish. Its administrative status as a Parish or an Aided Parish is determined by the criteria in Section 2 of this Canon.
(d). Whenever an administrative category is changed from Aided Parish to Parish, the Presiding Officer of the Council at which this takes place shall advise Council of the fact.
Canon 31 - Of Parish Meetings and Elections
GOVERNANCE
Section 1.
The congregation of each Parish shall meet annually on a date to be appointed by the Vestry; notice of which must be given by the Rector or Vicar or, if there be none, by one of the Wardens in any practical manner at least fourteen (14) days prior to the appointed date. The meetings shall be designated as the Annual Parish Meeting. The provision of this Canon relating to the qualifications of Vestry Members shall be read to the congregation at the meeting before nominations for the Vestry are made.
Section 2.
Other Parish meetings may be held from time to time as occasion may require, at such times as may be appointed by the Vestry; due notice of which must be given by the Rector or Vicar or, if there be none; by one of the Wardens, in any practical manner, at least fourteen (14) days prior to the appointed date.
Section 3.
At the Parish meetings the Rector or Vicar or, if absent, the Senior Warden, or, if absent, the Junior Warden, shall preside.
Section 4.
Except when otherwise specified by existing charter, the following shall alone be entitled to vote in any Parish meeting under these Canons: all confirmed communicants in good standing not less than sixteen years of age as certified by the Rector or Vicar or the Vestry. Those voters so qualified and being present at the meeting shall constitute a quorum.
Section 5.
All elections and other matters voted upon at Parish meetings shall be decided by a majority of the qualified voters present.
Section 6.
(a).(1). The Vestry shall be elected by ballot at the Annual Parish Meeting and shall take office as stipulated by Parish By-Law; in absence of such a By-Law, the Vestry shall take office at the next following meeting of the Vestry.
(2). Vestry Members may also be elected at any other Parish Meeting held during the three (3) months of the year next preceding the Annual Parish Meeting if the Vestry so determines and gives notice of the time and place of such election as required by Section 1 of this Canon, in which case the term of office of each Vestry Member so elected shall commence on the date of the next Annual Parish Meeting.
(3). The polls shall be open until all qualified voters present have had ample opportunity to cast their ballots. Each member elected on the Vestry shall be given written notice thereof by the Secretary; and the new Vestry shall convene for organization and business as soon as practicable after the election.
(b). The Vestry so elected shall continue to discharge the functions of their office until their successors are elected.
(c). The Vestry shall consist of not less than three nor more than twenty-one Vestry Members, provided that a Parish having more than 600 communicants may have a maximum of thirty Vestry Members, if it so desires. Vestry Members in Parishes having more than twenty persons qualified to vote in a Parish meeting shall initially be elected in the following manner, viz: one-third to serve for a period of one year, one-third to serve for a period of two years, one-third to serve for a period of three years. Thereafter, Vestry members shall be elected for a period of three years, and no retiring Vestry Member, except those Vestry Members who have served less than one-half of a full term, shall be eligible for re-election until there shall have elapsed a period of one year, or until the Annual Parish Meeting following such retirement. Vestry Members in Parishes having not more than twenty persons qualified to vote in a Parish meeting shall be elected for such terms, not exceeding three years, as the congregation may in Parish meeting determine.
(d).(1). Those qualified for election to the office of Vestry Member shall be as follows: Any confirmed communicant in good standing of the Parish who is not less than eighteen years of age, a regular attendant at the services of the Church in the year preceding election, and known by the Treasurer to have made and fulfilled a stated financial commitment for church support in the year preceding election. (Note: this phrase was inadvertently omitted from the June 1997 printing of revised canons. Correction posted on this Web site 1/19/99.)
(2). Those qualified to continue to hold the office of Vestry Member shall be as follows: Any confirmed communicant in good standing of the Parish who is a regular attendant at the services of the church during such term and known by the Treasurer to have timely made and faithfully fulfilled, in accordance with its tenure, a stated financial commitment for church support at all times during such term.
Section 7.
The Vestry shall annually elect from the Vestry Members one member as Senior Warden and one member as Junior Warden; or elect a Junior Warden and empower the Rector, or Vicar, to appoint the Senior Warden.
Section 8.
Upon the convening of the Annual Parish Meeting, a suggested order of business shall be as follows:
(a). Prayer;
(b). Election of a Secretary for the meeting;
(c). Appointment of three tellers to count the votes, one of them being designated chairperson. The results of the election shall be declared by the presiding officer and shall be recorded in the minutes by the Secretary before adjournment of the meeting.;
(d). Rector’s or Vicar’s Report and any recommendations;
(e). Report of the Vestry (required by Canon 33, Section 2) and any recommendations; to be submitted by the Senior or Junior Warden, or, in their absence, by some other member of the Vestry;
(f). Reports, in writing, of all Parish organizations;
(g). Elections;
(h). Miscellaneous business;
(i). Prayer and benediction;
(j). Adjournment.
Section 9.
The Secretary of the Annual Parish Meeting shall sign and deliver to the Clerk of the Vestry the minutes and all reports received at the meeting. These shall be transmitted to the Vestry, to be by them examined and duly recorded in the minutes of the first meeting of the Vestry following the Annual Parish Meeting and filed among the permanent records of the Parish.
Canon 32 - Of the Duties of the Wardens
GOVERNANCE
Section 1.
There shall be two Wardens in each Parish, who shall always be confirmed communicants in good standing and members of the Vestry and who shall be distinguished as Senior and Junior, although all duties belong equally to both; for every duty which may be assigned to one Warden devolves, in absence or disability, on the other.
Section 2.
The Wardens shall see that the Church is duly provided with a standard Bible, containing the Old and New Testaments and other books commonly called Apocrypha, and Prayer Books of proper size and of standard editions, for the lectern, prayer desk and Altar. It shall be their duty to provide fair linen and the elements of bread and wine meet for the celebration of the Holy Eucharist, and all vessels, vestments and things necessary to the conduct of public worship, including those persons necessary to lead such worship.
Section 3.
The Wardens shall provide a Parish Register and all necessary record and registration books and, if there be no Rector, Vicar or Cleric in charge, they shall:
(a). Make or cause to be made all registrations required by the Canons of the Church or of the Diocese; and
(b). Issue and receive certificates of memberships for members moving from the Parish to another congregation of this or another Church; and
(c). Cause to be made the Annual Parish Report; and
(d). Cause to be done by the Vestry any duty which may be required by any present or future Canon of the Church or the Diocese.
Section 4.
The Wardens, under the direction of the Rector or Vicar, shall have a care that the church building be kept from all secular or other uses not authorized by or especially named in the Constitution and Canons and that at all times it be kept in good repair and clean, as becometh the house of God, and that the premises around be in proper order.
Section 5.
It is the duty of the Wardens, under the direction of the Rector or the Vicar, to preserve order and decorum in and around the church building on all occasions.
Section 6.
In case of vacancy or impending vacancy of a Rector or Vicar in a Parish, the Wardens shall immediately notify and consult with the Bishop on measures to be taken. Upon election of a Rector, the Wardens shall sign and send to the Bishop written notice of such election.
Canon 33 - Of the Vestry
GOVERNANCE
Section 1.
The Rector, or Vicar, Church Wardens and Members of the Vestry (called the Vestry) shall administer all the temporal business of the Parish; shall see that all things needful for the public services are provided; shall pay with punctuality, at the intervals agreed, the stipulated salary of the Rector or Vicar and others; shall inform themselves of the orders and times of all offerings required by the Canons of the Diocese and of assessments imposed by the Council, and take measures for the obedient fulfillment and due liquidation of these obligations; and before the close of each fiscal year, if the treasury be deficient, the Vestry shall collect, as far as practicable, by subscription or otherwise, a sum sufficient to liquidate all of the current annual obligations of the Parish.
Section 2.
The Vestry shall, prior to the Annual Parish Meeting, cause to be written and delivered to the Rector or Vicar or, if there be none, to the Wardens, a full, accurate and faithful statement of the temporal condition of the Parish. This statement (to be designated the Annual Report of the Vestry) shall show, among other things, what money, lands and other property have been received during the year past and from what sources what money has been expended and for what objects, what property has been exchanged or mortgaged or sold and for what purposes and what debts are owing by the Parish and what security, if any, has then owned by the Parish. This Annual Report shall be communicated to the Annual Parish Meeting as provided in Canon 31, Section 8.(e).
The Vestry shall also furnish and read to the Annual Meeting a separate statement of the money and property held in trust by or for the Parish, which shows:
(a). the nature and purpose of each trust;
(b). when and by whom the same was created, and the kind of instrument under which it was created;
(c). the names of the beneficiaries thereof;
(d). the total value of the original trust fund and the amount of the principal thereof at the end of the preceding fiscal year;
(e). a brief description of the securities in which the same were then invested;
(f). the rate of interest on each investment and the amount of interest in default, if any; and
(g). the disposition of the income therefrom during such year; which statement shall also show whether or not fiduciary bonds required for such funds by Canon have been approved and delivered, the surety or sureties thereon, and the principal amount of each such bond. An exact copy of such separate statement shall be delivered to the Bishop by the Wardens promptly after each Annual Parish Meeting.
Section 3.
There shall be held at least six regular Vestry meetings in each year. Special meetings of the Vestry may be called by order of the Rector or Vicar, or, in case of vacancy, by the Wardens, at any time deemed expedient; and shall call such meetings when requested, in writing, by a majority of the members of the Vestry, which writing shall declare the object of such meeting.
Section 4.
Vacancies in the Vestry shall be filled for the unexpired term by a majority of the remaining members of the Vestry at any regular meeting, of which election previous notice shall have been given, in writing, to every member of the Vestry by the Secretary or Clerk.
Section 5.
The Rector or Vicar shall preside at all meetings of the Vestry and shall be entitled to cast the deciding vote in the case of a tie. If present, the Rector or Vicar may, if desirable, appoint any other member of the Vestry to preside at a meeting of the Vestry, such designee being entitled to cast the deciding vote in the case of a tie. The Rector or Vicar shall be ex officio member of all Committees.
Section 6.
In case there is no Rector, or Vicar, or in case of absence or inability to act, the Senior Warden, or if absent the Junior Warden, shall preside at all meetings of the Vestry. No meeting of the Vestry shall be valid in which there shall not be present either the Rector, or Vicar, or one Warden, except for the purpose of electing Wardens if there be no Rector, or Vicar, or Wardens.
Canon 34 - Of the Change of Status of Parishes
GOVERNANCE
Section 1.
(a). The Bishop, upon determining that a Parish or Aided Parish has not met the basic requirements of Section 1, Canon 30, shall report the facts to the Council assembling next thereafter together with recommendations.
(b). The Bishop, upon making a determination under Section l.(a). of this canon, shall advise the Rector or Vicar and Vestry of the Parish or Aided Parish of that fact in writing. The Vestry may appeal the determination of the Bishop to the Standing Committee of the Diocese. The Standing Committee shall consult with the Bishop and with any other persons from whom it desires to receive information and shall act as a Council of Advice to the Bishop in the matter before the Bishop makes recommendation to the Diocesan Council.
Section 2.
The Council acts on the Bishop’s recommendation, by Orders.
Canon 35 - Of the Pastoral Relationship
GOVERNANCE
Section 1.
(a). Call of a Rector: No presbyter shall be called as Rector of any Parish in this Diocese without previous conference between the Vestry of the Parish and the Bishop in reference to the expediency of the proposed call.
(b). Any presbyter regularly called to take charge of a Parish as provided by the Canons of the General Convention, and whose letter dimissory has been accepted by the Ecclesiastical Authority of the Diocese, shall, during the time of such charge of said Parish, be held to be Rector of the same.
(c). The Rector, or Vicar, by virtue of office, shall have exclusive jurisdiction, under such Rector’s or Vicar’s Ecclesiastical superiors, of the spiritual concerns of the Parish, and shall at all times have access to the Church, and may open the same for services or instruction as such Rector or Vicar deems proper. The Rector or Vicar shall have authority to call meetings of the
Vestry or congregation, and when present, to preside at the same and, in case of a tie, to cast the deciding vote. The Bishop is the Rector of each Aided Parish. The Minister in charge of any Aided Parish is the Vicar of the Bishop and ministers under the direction of the Bishop, performing the functions of a Rector in the absence of the Bishop. Vicars are appointed by the Bishop.
(d). Should a vacancy occur in the Rectorship of a Parish, the Wardens and Vestry shall at once notify the Bishop thereof and ask advice and assistance in the selection of a successor, submitting information as to the state and requirements of the Parish.
(e). Every cleric hereafter called to any full-time position in the Diocese of Atlanta shall be compensated at or above the financial package for transitional deacons as established annually by the Commission on Ministry.
Section 2.
Temporary Absence of a Rector: Every cleric temporarily vacating a Parish shall arrange in advance with the Vestry for the supply of service and care of the Parish during such absence.
Section 3.
Dissolution of the Relationship not Occasioned by Disability: The Rector canonically elected and in charge may not resign the Parish without the consent of the Vestry thereof; nor may such Rector be removed except as provided by the Canons of the General Convention.
Section 4.
Dissolution Occasioned by Disability.
(a). Proceedings for the Dissolution of the Pastoral Relationship of the Rector of a Parish, occasioned by the long-term medical disability rendering the person incapable of exercising his/her ministry, may be begun in either of one of the following modes:
(1). By resolution of the affected Vestry setting forth in writing and with reasonable certainty the facts relied upon and a request that the Pastoral Relationship be dissolved; or
(2). The Bishop, from personal knowledge.
In any such case the Bishop may present such facts, together with any other facts known to the Bishop, to the Standing Committee for its investigation.
(b). Upon receipt of such request, the Standing Committee shall proceed without avoidable delay to investigate the facts. If requested by the Standing Committee, the Bishop shall see that a confirmed communicant of the Church, learned in the law and who shall not be the Chancellor, be appointed to advise the Standing Committee in its investigation. If requested by the Rector, or any interested person on behalf of the Rector, the Bishop shall see that a confirmed communicant of the church, learned in the law and who shall not be the Chancellor, be appointed to advise the affected Rector in the investigation.
(c). After appropriate investigation, which shall include appropriate consultation with medical and legal professionals, the Standing Committee shall make its report to the Bishop as to whether or not the affected Rector is so disabled as to warrant the dissolution of the Pastoral Relationship.
(d). Upon receipt of the recommendation of the Standing Committee, the Bishop, as final arbiter and judge, shall render a godly judgment as to whether or not the Pastoral Relationship should be dissolved; and
(1). If the Pastoral Relationship is to be continued, the Bishop shall define the responsibility to and accountability of the Rector; or
(2). If the Pastoral Relationship is to be dissolved, the Bishop shall set forth such terms and conditions, including financial settlements, as shall seem to be Bishop to be just, proper, and compassionate.
Section 5.
Clergy Liable to Missionary Duty: Every cleric of the Diocese receiving aid from the missionary funds shall perform from time to time such missionary duties within the Diocese and outside of such cleric’s cure as may be prescribed by the Bishop, and the amount of compensation for each such service so performed shall be fixed by the Department of Congregation Development.
Section 6.
Of Instruction: Every Rector or Vicar shall:
(a). have direction and control of the Church School and classes for religious instructions;
(b). ensure that children, youth and adults receive instruction in the Holy Scriptures, in the subjects contained in An Outline of the Faith, commonly called the Catechism, and in the Doctrine, Discipline and Worship of this Church, and in the exercise of their ministry as baptized persons;
(c). appoint the superintendent, teachers and other officers;
(d). authorize the books and system of instruction and the library, in accordance with the authority and teachings of the Church;
(e). prepare persons for baptism and, before baptizing infants or children, instruct both the parents and godparents concerning the significance of Holy Baptism and their responsibilities for the Christian training of the baptized child and how these obligations may be properly discharged;
(f). seek out for systematic instruction all who are ready to make a mature public affirmation of their faith and commitment to the responsibilities of baptism and to receive the laying on of hands by the Bishop;
(g). give instruction both publicly and privately on the nature and responsibilities of Holy Matrimony; and
(h). instruct all persons in their charge concerning Christian stewardship, including the Biblical standard of the tithe for financial stewardship, reverence for the creation and the right use of God’s gifts, generous and consistent offering of time, talent and treasure for the mission and ministry of the Church at home and abroad, and the responsibility of all persons to make a will, not neglecting to leave bequests for the use of the Church if they are able.
Section 7.
Of Church Music: It shall be the duty of every Rector to see that music is used as an offering for the glory of God and as a help to the people in their worship in accordance with the Book of Common Prayer and as authorized by the rubrics or by the General Convention of this Church. To this end, the Rector shall have final authority in the administration of matters pertaining to music. In fulfilling this responsibility, the Rector shall seek assistance from persons skilled in music. Together they shall see that music is appropriate to the context in which it is used.
Section 8.
Of Continuing Education of Clergy: As to the Continuing Education of Clergy of this Diocese:
(a). In case of a clergy vacancy, every employer of clergy in this Diocese, by whatever name, shall consult with the Bishop of the Diocese or the designated authority prior to any call to develop a definite proposal for continuing education for whomever is to be called.
(b). The “conference” referred to in Canon 35, Section 1 (a) shall include consideration of continuing education for whomever shall be called as Rector.
(c). Every cleric hereafter called to any full-time position in a Parish, Aided Parish, or any other ministry within this Diocese shall have a definite agreement with the employer concerning continuing education. This agreement shall be deposited in writing with the Bishop of the Diocese.
(d). Every cleric and employer, by whatever name, shall review together annually the above described agreement to update it and assure that it meets current needs of the cleric. Terms of this updated agreement shall be sent to the Bishop within thirty (30) days after being officially arrived at and recorded in the employer’s minutes.
(e). Nothing in this Canon shall be construed to establish minimum standards of Continuing Education of a cleric as a prerequisite for continued employment or for the future employment of a cleric.
Canon 36 - Of Parochial Reports
GOVERNANCE
Section 1.
The Rector, or Vicar, and Wardens of every Parish or aided Parish, or, if there be no Rector or Vicar, the Wardens shall make written reports annually to the Bishop of its spiritual and temporal conditions in such form as may be directed by the Bishop or the Council in blanks furnished by the Secretary of the Council not later than the first day of January each year; which reports shall be sent to the Bishop not later than the fifteenth day of January each year. The Rector, or Vicar, shall make out the report of matters pertaining to such Rector’s or Vicar’s functions. And if there be in any Parish or Aided Parish in addition to the Treasurer thereof, any other Treasurer or Treasurers handling monies of which a report is called for in the report blanks furnished by the Secretary of the Council, it shall be the duty of the Rector or Vicar to secure reports of receipts and expenditures from each such Treasurer, and then it shall be the duty of the Wardens or the Vestry to appoint some one to consolidate all such reports into the one financial report of the Parish or Aided Parish.
Upon failure of a Rector, Vicar or Wardens to substantially comply with this Section, the Bishop may take such disciplinary action as is deemed appropriate against such Rector, Vicar or Wardens, including withholding any financial support of the Diocese to a delinquent Aided Parish.
Section 2.
It shall be the duty of every cleric in charge of any Parish or Aided Parish in the Diocese, on termination of such charge
(a). to prepare a report of all official acts and services held in the Parish or Aided Parish from the date of such cleric’s last report to and including the date of the cessation of such cleric’s pastoral charge, one copy to be delivered to the Clerk of the Vestry of the Parish or Aided Parish and one copy to be delivered to the Cleric who succeeds,
(b). to make out a complete list of the names and addresses of all persons in the Parish or Aided Parish showing their connection with the Church as Baptized, Communicants, Confirmed Communicants in Good Standing, or Adults and to record this in the Parish Register; and if space is not there provided, to make out the list and leave it with the Senior Warden or Clerk of the Vestry or Aided Parish who shall deliver it to the successor.
Section 3.
A supplement to the Parochial Report, on a form approved by the Bishop, shall be mailed to the Diocesan Treasurer not later than the l5th of January of each year.
Canon 37 - Of the Transfer of Communicants
GOVERNANCE
Section 1.
Whenever any Rector or Vicar shall receive a member without the certificate of membership provided by the National Canons, it shall be such Rector’s or Vicar’s duty to require such member to procure such certificate from the last parish without delay or request such certificate from that member’s previous Parish. Until the reception of such certificate or other satisfactory evidence, no Rector or Vicar shall enter the name of a member from another Parish upon the register, nor shall any Rector or Vicar retain upon the register the name of any member whose certificate of membership shall have been acknowledged by the authorities of the Parish or Congregation of this or another church to which such transfer shall have been made.
Section 2.
Should a member’s previous Parish or Congregation fail to respond to such request upon reasonable notification, the Rector or Vicar may, upon such evidence as is sufficient in such Rector’s or Vicar’s judgment, enter the name of a member upon the register thereby entitling such person to all rights, duties and privileges of membership noting, however, the failure to receive such certificate.
Section 3.
Upon receipt of such certificate, the Rector or Vicar shall cause the name of the member to be entered upon the register. It shall further be the duty of a Rector or Vicar to issue such certificates for members moving from the Parish or Aided Parish.
Section 4.
Worshipping communities authorized by the Bishop under the provisions of these Canons shall establish registers and exchange certificates with other congregations. If such a community is dissolved or discontinued, all members on the register are to be issued certificates of membership in order that they may be transferred to extant congregations of the Church.
Section 5.
The provisions of this Canon apply to any communicant of any Church in communion with this Church so far as it can be made applicable.
Canon 38 - Of Memorials
GOVERNANCE
Section 1.
No memorial shall be placed in any Church without the consent of the Rector or Vicar and the Vestry.
Section 2.
No memorial shall be altered or removed without consent of the Rector or Vicar and the Vestry; provided, that when there is no Rector, or Vicar, the consent of the Ecclesiastical Authority of the Diocese, with that of the Vestry, shall suffice.
Canon 39 - Of Emergency Powers
GOVERNANCE
In the event that the Vestry or other authorities of a Parish are unable to function adequately due to natural disaster or other emergency, loss of personnel, or abandonment of The Episcopal Church (TEC) by parish officials, the Bishop, in the Bishop’s discretion, may declare an Emergency in the Parish. Disputes among Parish officials who remain within TEC shall not in themselves constitute an Emergency within the meaning of this Canon. When an Emergency is declared, the Bishop may exercise the authority otherwise given to the Vestry or other parish authorities, call and conduct elections, and take the appropriate action to deal with the Emergency (“Emergency Powers”). The Bishop shall relinquish the Emergency Powers described in this Canon as soon as is practical and is consistent with the best interests of the Diocese, TEC, and the Parish. Further, the Bishop shall not exercise the Emergency Powers for more than ten days without the approval of the Standing Committee of the Diocese, except that if it is not practical to consult the Standing Committee within ten days, the Emergency Powers may be continued until the Standing Committee can reasonably be Consulted. This Canon does not change the procedures for ecclesiastical discipline provided for in the Canons of TEC.
Canon 40 - Of the Cathedral of St. Philip
GOVERNANCE
Section 1.
The Cathedral of St. Philip in the City of Atlanta, is hereby continued as the Cathedral Church of the Diocese of Atlanta under the name of “The Cathedral of St. Philip in the Diocese of Atlanta,”
(a). to afford the Diocesan a place where of right the Diocesan may at any and all times administer the duties pertaining to such office; and may officiate at will, in preaching or in any public administration and for said purposes may appoint services to be used,
(b). to be the center of Diocesan Unity and administration, and
(c). to be the center of Church Extension — educational, social and eleemosynary.
Section 2.
The local governing body of said Cathedral shall be known as the Cathedral Chapter and shall consist of not fewer than three nor more than twenty-one (21) confirmed Communicants who are qualified for the office of Vestry Member as hereinafter set forth, elected by the Parish for a term of three (3) years. A communicant shall not be eligible to be elected to a successive term on said Chapter or to succeed any other member thereofwhose term expires at the same time, except for a member who has served less than one-half (1/2) of a full term who shall be eligible for re-election, but all members of said Chapter shall continue to serve until their respective successors are elected and qualify. A newly elected member of the Chapter shall take office in similar manner as Vestry Members take office under these Canons. Any vacancy on the Chapter shall be filled by election by the remaining members of said Chapter for any remaining portion of the unexpired term. The Senior Warden of said Cathedral shall be appointed by the Dean thereof and the Junior Warden of said Cathedral shall be elected by the congregation thereof, both from among the members of said Chapter and each to serve for a term of one (1) calendar year and until a successor is elected and qualifies. Said Chapter and said Wardens shall be invested with all the rights and charged with all the duties with which Vestries and Wardens are invested and charged by the Canons of the Diocese except as may be provided by the Council of the Diocese or by its authority.
Section 3.
The Dean of the Cathedral, elected by the Cathedral Chapter on the nomination of the Bishop, shall be the presiding officer of the Cathedral Chapter; and shall have all the powers and privileges usually enjoyed by the Rector of a Parish and shall likewise be charged with like duties, except as the same may otherwise be provided by the Diocesan Council or by its authority.
Section 4.
The Bishop of the Diocese shall be the chief minister in charge of the Cathedral with the power to prescribe the uses thereof in conformity with the Book of Common Prayer and with the Constitution and Canons of the Church, Diocesan and General.
Section 5.
The Delegates to the Annual Council of the Diocese from said Church shall be elected in the same manner as representatives of Parishes are elected unless otherwise provided by the Diocesan Council or its authority.
Canon 41
GOVERNANCE
Resolved, that the Canons of the Diocese of Atlanta be amended to add as Canon 41 the following:
Pursuant to Canon 1.7.3 of the Canons of the Episcopal Church, the following regulations are prescribed by this Diocese:
(a) A vestry or other body of the Parish authorized to hold, manage, or administer real property (“Church Real Property”) for a Parish, Mission, Congregation or Institution (“Authorized Body”), may, without the necessity of obtaining further approval of the Bishop or Standing Committee of the Diocese, encumber or alienate Church Real Property or a part thereof, only as follows:
1. Granting another person or entity a right to use Church Real Property for a period of less than 12 months when that grant is revocable, without cause shown, notice or penalty;
2. Renting or otherwise granting permission for use of Church Real Property for a total of
seven or less days in any one calendar year, limited to single year grants; or
3. Granting permission to charitable or other not-for-profit entities to use Church Real Property, other than the principal worship space, for no more than one day per week, provided that the Authorized Body retains the unrestricted right to cancel such permission without penalty on no more than 30 days’ notice.
(b) Any other encumbrance or alienation of part or all of Church Real Property shall require the written consent of the Bishop and Standing Committee, but the Bishop or Standing Committee may delegate the authority to grant such consent to the Bishop of Atlanta or the Canon to the Ordinary under the following circumstances:
1. Where the encumbrance or alienation is for a maximum of one year;
2. Where residential or commercial property of the Parish is being rented for a maximum
of three years; or
3. For construction and installation of utilities.
Nothing herein shall be construed to limit the general oversight of a parish by the Bishop of Atlanta or other ecclesiastical authority or to restrict the authority of the Bishop or other ecclesiastical authority to provide pastoral direction to a parish regarding its use of its property.
Any written consent required by Canon 1.7.3 or this Canon may be provided by electronic means.
Canon 42 - Of Ecclesiastical Discipline
GOVERNANCE
Section 1.
Applicability. Except as otherwise implemented by this Canon, all matters of Ecclesiastical Discipline in the Diocese of Atlanta, including appointment of officials and composition of boards and panels by whatever name, shall be governed by the provisions of Title IV-Ecclesiastical Discipline-of the Canons of the General Convention of The Episcopal Church, hereafter, Title IV.
Section 2.
Disciplinary Board.
(a) Composition. There is hereby established a court to be known as The Disciplinary Board of the Diocese of Atlanta, hereafter, Board and Diocese, comprising five priests or deacons and four lay persons. All priests or deacons on the Board must be canonically resident in the Diocese but need not be domiciled in the Diocese. All lay persons on the Board must be Confirmed Communicants in Good Standing of a congregation in the Diocese but need not be domiciled in the Diocese. All Members of the Board must be at least 24 years of age. A priest or deacon shall serve for five years, and a lay member shall serve for four years.
(b) Ineligibility. The following persons shall be ineligible for election or continued service on the Board:
(1) a Member of the Standing Committee;
(2) a Member of the Board elected to the Standing Committee;
(3) a Member who has served two consecutive full terms of office unless one year has elapsed since the end of the Member’s second term.
(c) Elections. At each Diocesan Annual Council the Bishop Diocesan shall nominate and the Council shall elect one priest or deacon to serve five years and one lay person to serve four years. The terms of office of elected Members shall begin on January 1st of the year following election.
(d) Vacancies. The President of the Board shall declare when a vacancy in the Board occurs and shall so notify the Bishop Diocesan. In the event of a vacancy not the result of a challenge, within two months after such notification the Bishop Diocesan shall appoint with the advice and consent of the Executive Board an eligible replacement of the same order to serve the remaining portion of the replaced Member’s term. The term of office of Members appointed to fill a vacancy not the result of a challenge shall begin on the adjournment of the Executive Board meeting that consented to their appointment. If the vacancy is the result of a challenge, the Bishop Diocesan shall appoint in like manner a replacement Board Member of the same order who shall serve only for proceedings for which the elected Board Member is not serving as a result of the challenge. The Bishop Diocesan may remove a Board Member whenever in the judgment of the Bishop the best interests of the Diocese would be served thereby. This action shall be taken with ratification by the Executive Board or the Diocesan Council.
(e) Transitional Provisions. At the Council at which this canon is adopted, the Bishop Diocesan shall nominate and the Council shall elect five priests or deacons and four lay persons to be Members of the Board effective July 1st, 2011. The Bishop shall state the length of term of each person nominated.
(f) President. Not later than two months after the Diocesan Council at which Board Members are elected, the Board shall elect, by a majority vote of all the Members, a Member of the Board as President to serve for one year. In the absence of an elected President or if the elected President is disqualified in a particular case, the Member of the Board with the longest period of continuous service who is not disqualified shall serve as President pro tempore.
(g) Communications. The Board may confer by telephonic or other electronic means to elect the President of the Board and for other purely administrative matters as the President deems necessary. This method shall not be used when evidence may be taken or examined.
(h) Disqualification. In addition to the provisions for disqualification in Title IV, if any Member of a Conference Panel or Hearing Panel shall become aware of a conflict of interest or undue bias in a proceeding under Title IV, the Member shall immediately notify the President of the Board and request a replacement member of the Panel for the particular case in which the perceived conflict of interest or undue bias applies.
(i) Challenges. Respondent and the Church Attorney shall have the right to challenge any Member of a Panel for conflict of interest or undue bias by motion to the Panel for disqualification of the challenged Member. The Members of the Panel not the subjects of the challenge shall promptly consider the motion and determine whether the challenged Panel Member shall be disqualified in that proceeding. If a challenge of the entire Board is made, it shall be resolved by the Standing Committee.
Section 3.
Officers. Officers shall be selected and shall perform the duties assigned them by Title IV, to include these appointed in accordance with this canon.
(a) Advisor. The Bishop Diocesan shall make provision for an Advisor for the complaining party and an Advisor for the Respondent. Advisors shall hold no other appointed or elected position provided by Title IV, and shall not include any person likely to be called as a witness in the proceeding.
(b) Church Attorney. The Bishop Diocesan, with the advice and consent of the Standing Committee, shall annually appoint one or more attorneys to serve as Church Attorney(s) who shall serve for one year. The appointment may be renewed. Vacancies shall be filled in like manner. The duties and eligibility for appointment of Church Attorneys are set forth in Title IV. The Church Attorney shall hold no other office listed in Title IV. The Bishop Diocesan may remove a Church Attorney from office, acting with the advice and consent of the Standing Committee.
(c) Intake Officer. The Bishop Diocesan shall appoint an Intake Officer or Officers from time to time who shall serve at the pleasure of the Bishop. The Bishop shall publish the name(s) and contact information of the Intake Officer(s) throughout the Diocese.
Section 4.
Records. The Bishop Diocesan shall make provision for the permanent storage of all proceedings under Title IV at the Diocesan Office and the Archives of The Episcopal Church as prescribed in Title IV.
Canon 43 - Of the Election of a Bishop Diocesan or Bishop Coadjutor
GOVERNANCE
Section 1.
When the office of the Bishop Diocesan becomes vacant or when the Bishop Diocesan announces an intent to resign or calls for a Bishop Coadjutor, the Standing Committee will announce, within the ensuing sixty (60) days, a time for Diocesan Council to convene for an election.
Section 2.
(a).The Standing Committee will initiate the canonical process to obtain the required consents to hold the election.
(b). The Standing Committee will act as an oversight committee and establish a process and time line for the election.
Section 3.
The Secretary of the Standing Committee will send notice of the convening of the Council session to (i) all Parish Vestries, (ii) all Clergy Members entitled to vote at such session and (iii) all Lay Delegates to Council entitled to vote at such session and their Alternates at least one hundred twenty (120) days before the session.
Section 4.
A Committee for Nominations will be formed consisting of one clerical and one lay representative elected from each Convocation and one person elected by the Standing Committee from among its members. The Standing Committee will appoint a Chair or Co-Chairs from among the members of the Committee for Nominations.
Section 5.
The Committee for Nominations, in consultation with the Standing Committee and the Executive Board, will produce a profile of the Diocese. The Committee for Nominations will seek out and receive names of persons for consideration of election. The Committee for Nominations will report to the Standing Committee the names of not fewer than three (3) persons who (i) have consented to stand as proposed nominees for election, (ii) have passed the background checks and (iii) meet the criteria developed in the profile.
Section 6.
The Standing Committee will send data about each proposed nominee to all (i) Clergy Members and (ii) Lay Delegates to Council entitled to vote in the election and their Alternates at least forty-five (45) days prior to the convening of the session for an election. Not later than thirty (30) days prior to the convening of the session for an election other persons may become proposed nominees upon nomination of five (5) Clergy Members of Council and ten (10) Lay Delegates to Council representing in total at least three (3) Parishes of the Diocese. The names of those so nominated shall be sent to the Committee for Nominations, which will report to the Standing Committee the names of those persons who (i) have consented to stand for nomination and (ii) have passed the background check. All proposed nominees will be invited for interviews with the Clergy Members and Lay Delegates to Council.
Section 7.
The Standing Committee will send the Rules of Order for Election of a Bishop to all (i) Clergy Members and (ii) Lay Delegates to Council entitled to vote in the election and their Alternates at least thirty (30) days prior to the convening of the session for election.
Section 8.
At the time for balloting, the Secretary of the Council will call for a vote by orders. Votes will be cast as directed by the Rules of Order and by the Chief Teller and will be counted separately and reported. The election will require a majority of votes cast in each order on a concurrent ballot.
Canon 44 - Number Reserved
GOVERNANCE
Canon 45 - Of the Canons
GOVERNANCE
Section 1.
Legal Rights: Nothing in these Canons shall prejudice the legal rights of any Parish or Vestry already existing by act of incorporation.
Section 2.
Amendments:
(a). No proposed alteration of or amendment to these Canons shall be considered by the Council until such proposed alteration or amendment shall have been submitted to the Committee on Constitution and Canons not less than thirty (30) days prior to Council, except by a two-thirds vote of Council. The Committee on Constitution and Canons shall report to the Council on all Canons so presented to it.
(b). No new Canon shall be considered by the Council unless the same shall have been submitted to the Committee on Constitution and Canons and the Department on Annual Council at least thirty (30) days prior to the Council, and provided further that copies of all such proposed Canons shall be mailed by the Department on Annual Council to all clergy Delegates of the Diocese at least fifteen (15) days before the Council meets. All parochial clergy shall immediately refer such proposals to the Lay Delegates to Council from that Parish or Aided Parish. The Committee on Constitution and Canons shall report to Council on all Canons so presented to it.
(c). When the foregoing provisions have been complied with, the Canons so proposed may be amended or a substitute adopted upon the same or related subject.
(d). The Committee on Constitution and Canons is authorized to make non-substantive changes in spelling, punctuation, grammar or numbering of Canons of the Diocese and subdivisions thereof in preparation for publication either in the Council Journal or separately.
Section 3.
Any person elected to any office by Council, other than the episcopate, shall take office on the first day of the second calendar month next following such election, unless otherwise provided.
Section 4.
Any person elected to any office under the provisions of the Canons shall serve until a successor is elected.