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Canons 36 - 46

 

CANON 36

Of Parochial Reports

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

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

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

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

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   (number reserved)

 

CANON 42

Of Ecclesiastical Discipline


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

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)

 

CANON 45

Of the Canons

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.


CANON 46

 

Of the Election of a Bishop Suffragan 

Section 1. When the Bishop Diocesan calls for a Bishop Suffragan, the Bishop Diocesan will submit a Consent with a description of the role and the duties of the Bishop Suffragan to the Diocesan Council. The Standing Committee will announce, within the ensuing sixty (60) days, a time for 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 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 background checks and (iii) whose qualifications have been deemed by the Bishop Diocesan to meet the role and duties described in the Consent.

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 checks and (iii) whose qualifications have been deemed by the Bishop Diocesan to meet the role and duties described in the Consent. All proposed nominees will be invited for interviews with Clergy Members and Lay Delegates of 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.

 

* * * * * * *

All Canons and resolutions of the Diocese of Atlanta in conflict with the foregoing Canons are hereby repealed.