Constitution of the Episcopal Diocese of East Carolina
Article 1: Territorial Limits
This Diocese as established by the Sixty-seventh Convention of the Diocese of North Carolina, in May 1883, at Charlotte, embracing all that portion of the territory of the State of North Carolina, which includes the counties of Hertford, Bertie, Martin, Pitt, Greene, Wayne, Sampson, Cumberland, Hoke and Robeson, and all the counties lying between these counties and the Atlantic Ocean, shall be known as the Diocese of East Carolina.
Article 2: Accession to the Constitution of Protestant Episcopal Church in the United States of America
The Churches in this Diocese accede to the Constitution and Canons of that branch of the Holy Catholic Church known as the Protestant Episcopal Church in the United States of America, and recognizes the authority of the General Convention thereof.
Article 3: Time and Place of Meeting of Annual Convention
Section 1. There shall be an Annual Convention to meet within the Diocese at such time and place as may be determined by the Convention, or in the event of no such determination, at such time and place as may be agreed upon by the Bishop and Executive Council.
Section 2. But the time and place of such meeting may be changed or Special Conventions may be called by the Bishop and Executive Council, subject nevertheless to such Canonical provisions as may hereafter be made; provided that no Special Convention shall be called without at least thirty days notice, which notice shall be mailed by the Secretary of the convention at least twenty days before the meeting of such Special Convention to each member of the clergy entitled to a seat in the Convention, and to each Clerk of such Parish as has no Rector in charge, and to the Clerk of each Mission that has no missionary in charge, and shall specify the business and purpose for which said Special Convention is to be held; and no other business shall be proposed or acted upon except by a concurrent vote of two-thirds of both orders present, voting by orders.
Section 3. Election shall be held by the several Vestries, or at the option of each Vestry, by the congregation, for delegates to special Conventions, but in the event of the failure to elect such delegates, those who were elected to the preceding Annual Convention—subject to the provisions of Article IV, Sections 3 and 4 of this Constitution—shall hold over.
Article 4: Personnel of Convention
Section 1. The Convention shall be composed of the two Orders – Clerical and Lay. The Bishop of the Diocese, or in the Bishop’s absence, the Bishop in charge as representing the Episcopal Authority shall, if present, preside at all meetings of the conventions. The Bishop Coadjutor and the Bishop-Suffragan, if there be such, shall be entitled to seats and votes in the Convention, and if there be none such present, the Convention shall elect its presiding officer.
Section 2. (a) Every member of the Clergy of the Church Canonically resident in the Diocese shall be entitled to a seat and vote in the Convention (b) The Convention may grant seat and voice in the Convention to: (i) Clergy not canonically resident, but serving churches within the diocese for an extended period; (ii) Military chaplains serving within the diocese; (iii) Clergy who are guests of the convention.
Section 3. (a) Each church within the Diocese, whether a parish or mission, shall be entitled to be represented by lay delegates according to the number of its confirmed communicants in good standing of sixteen years of age or older, as follows: from 10 to 50 such communicants, 1 lay delegate; from 51 to 100 such communicants, 2 lay delegates; from 101 to 300 such communicants, 3 lay delegates; from 301 to 500 such communicants, 4 lay delegates; over 500 such communicants, 5 lay delegates. The number of confirmed communicants in good standing of sixteen years of age or older shall be determined from each church’s parochial report as of December 31 preceding the annual Convention. Each church’s delegates shall be chosen by the Vestry, or at the option of the Vestry, by election by the congregation, from the confirmed communicants in good standing of sixteen years of age or older of the church. (b) When the Ecclesiastical Authority has recognized an Episcopal College or University Campus Ministry as a community of faith, the Campus Ministry shall be entitled to elect a student lay delegate as its representative to the Annual Convention. The student lay delegate shall be an adult confirmed communicant in good standing in this Church elected by the Campus Ministry from its membership.
Section 4. Each church shall be entitled to select one alternate lay delegate for each of its lay delegates, such alternate delegates to be chosen in the same manner as the delegates.
Section 5. (a) It shall be lawful for the Convention to exclude or suspend from Lay representation any Parish or Mission neglecting or refusing to appoint delegates to the Convention for two successive years, or neglecting or refusing to comply with any lawful requirement of the Convention; providing, that a vote of a majority of all the clergy present in the Convention, and two-thirds of the lay delegates present in the Convention shall be required for such exclusion or suspension. (b) Any Parish or Mission which fails to keep or cause the keeping of the records or to file or cause the filing of the reports required by the canonical provisions shall be denied any representation at the next Annual Convention and each one thereafter until such records are brought current and such reports are filed. However, if good cause is shown in the opinion of the Convention delegates, the Parish or Mission may be relieved of the penalty prescribed by this paragraph by a vote in favor of such relief by two-thirds of the delegates voting on the question. If a vote by orders is called for, relief of the penalty must carry by two-thirds of the votes cast in each order.
Section 6. If any Parish or Mission shall neglect or decline to appoint Lay Delegates, or shall have been excluded or suspended from the right of doing so by the Convention, or if any or all those appointed shall not be present, such Parish or Mission shall nevertheless be bound by the acts of the Convention.
Section 7. In a vote by Orders and Parishes in any session of the Convention, no delegation from any church shall have a vote if such church has not been represented in at least one of the last three, consecutive, regular annual meetings of the Convention.
Article 5: Powers of Convention
Section 1. The Convention shall be sole judge of the election and qualification of its own members. It shall have power to adopt Rules of Order for its own government, elect officers and raise funds, and shall have such other legislative powers as may be necessary and proper for the well-being of the Diocese.
Section 2. The Convention shall have no power to pass any Canon infringing the Episcopal Authority, but may adopt resolutions of advice or inquiry or institute any proceedings deemed necessary for the purpose of impeachment of the Bishop.
Article 6: Quorum
To constitute a quorum for the purpose of ordinary business, the presence of a majority of all clergy entitled to seat and vote (exclusive of non-parochial clergy) and of a majority of the lay delegates entitled to representation in the Convention shall be necessary. Any fewer number shall be competent to receive reports and to adjourn.
Article 7: Voting by Convention
Section 1. (A). Unless otherwise provided, voting upon all questions before the Convention shall be by Delegates, with a simple majority of all ballots cast to determine the issue. (B). Upon any question before the Convention the two Orders shall vote separately, (i) when required by this Constitution or by the Canons or (ii) when any Lay or Clergy delegate moves for a vote by Orders after the introduction of the question and before the question is called for a vote, seconded by a member of the other Order, and with the approval of a majority of the Convention. Such motion shall take precedence over any other motion on the floor and is not subject to debate. When a vote by Orders is required, each clerical member shall be entitled to one vote and each lay member to one vote, and a concurrence of majorities of both Orders shall be necessary to a decision. (C). A vote by Orders and Parishes is required in the election of a Bishop, or Bishop Coadjutor, or a Bishop Suffragan, as provided by Article XIII. A vote by Orders and Parishes is required to amend this Constitution, as provided by Article XVI. If a vote by Orders and Parishes is required, each clerical member shall be entitled to one vote and each Parish shall be entitled to the same number of votes as the number of its lay delegates. For example, a Parish with five lay delegates shall be entitled to five votes, and a Parish with four lay delegates shall be entitled to four votes. A vote by Orders and Parishes shall be conducted in this manner: First, a quorum for the purpose of voting shall be necessary. A quorum for voting by orders and Parishes shall mean the presence of a majority of all clergy entitled to seat and vote (exclusive of non-parochial clergy), and the presence of delegates of two-thirds of the Parishes entitled to representation and vote. Second, the vote shall be taken by first calling the roll of the clergy with each clerical member depositing his or her ballot with the Tellers, and then calling the roll of the Parishes with one lay delegate depositing the ballots of the parish with the Tellers. Third, a majority of both Orders on the same ballot shall be required for an election or an affirmative vote to amend the Constitution.
Section 2. All elections shall be by ballot unless otherwise unanimously ordered.
Article 8: Officers of Convention
Section 1. The Convention shall annually elect a Secretary, a Treasurer, a Chancellor and a Historiographer.
Section 2. Should there at any time be no such election, then the officers last before elected shall hold over until such election shall be had.
Section 3. Should the office of Secretary, Treasurer, Chancellor or Historiographer become vacant at any time preceding the annual election, the Ecclesiastical Authority shall have the power to fill the vacancy till such time as election shall be held.
Article 9: Standing Committee
Section 1. The Standing Committee shall consist of three Clergy of the Diocese and three lay persons, confirmed communicants in good standing sixteen years or older and residents of the Diocese. The members of the Standing Committee shall be elected by the Convention for three year terms, with one Clergy and one lay person elected annually; provided that the number elected and the terms may be varied initially to produce such staggered terms. No member who has served on the Committee shall be eligible for reelection, or appointment to fill a vacancy, until one year after the expiration of that term. The Committee shall elect its President and Secretary annually and shall have the power to fill any vacancy that may occur on the Committee until the next annual Convention. However, a person otherwise qualified to serve on the Standing Committee who is appointed to fill a vacancy until the next Annual Convention may be elected to complete any remaining time on that term or to a full term immediately.
Section 2. In case of the absence or inability of the Bishop, the duties assigned to the Bishop by this Constitution shall be performed by the Bishop-Coadjutor (if there be one), in so far as it is not inconsistent with the Constitution and Canons of the General Convention.
Section 3. When there is no Bishop authorized to act, the Standing Committee shall be the Ecclesiastical Authority of the Diocese. The Standing Committee acting as Ecclesiastical Authority may invite the temporary services of other Bishops and, for due cause, may change the time or place of the Annual Convention, and may also summon Special Conventions, and shall do so upon the call of one-third of the Clergy of the Diocese, or of one-third of the Parishes in union with the Convention, as appearing upon the lists of the Journal last before published.
Section 4. No Vestry, Trustee, Board of Directors or other Body authorized by Civil or Canon law to hold, manage, or administer real property for any Parish, Mission, Congregation, or Institution of this Diocese shall purchase, mortgage, incumber or alienate, enter into a deed of trust or accept donation of the same or any part there of without the written consent of the Bishop and the Standing Committee of this Diocese.
Article 10: Organization of Missionary Congregations
Section 1. Any ten or more confirmed communicants in good standing of sixteen years of age or older may organize themselves into a Mission, and be received into union with the Convention, by taking such steps as may be provided for by Canon.
Section 2. The Bishop of the Diocese may, with the written consent of the Rector of any Parish (a copy of which shall be filed with the Historiographer of the Diocese), establish, within the limits of such Parish, Missionary Congregations, whose Ministers shall be independent of the Rector and responsible to the Ecclesiastical Authority only; provided, that with the advice and consent of the Standing Committee, the Bishop shall have power to establish such independent Missionary Congregations without the consent of the Rector.
Article 11: Authority of Rectors
Section 1. Any Priest regularly called to the charge of a Parish and entering thereupon shall, during the time of such charge, be held to be the Rector of said Parish.
Section 2. The Rector is recognized as having, by virtue of office, the exclusive regulation, subject to the Rubrics of the Book of Common Prayer, the Constitution and Canons of the Church and this Diocese, and the pastoral direction of the Bishop, of all spiritual concerns of the Parish; as being entitled at all times to have access to the Church building and to open the same for services or instruction of this Church; to call meetings of the Vestry or congregation, when present to preside at the same, and in case of a tie to give the deciding vote.
Article 12: Canons for Trial Clergymen
The Convention shall pass Canons for the trial of members of the Clergy.
Article 13: Rule of Voting for Election of a Bishop, Bishop Coadjutor, or Bishop Suffragan
In the election of a Bishop, or Bishop Coadjutor, or a Bishop Suffragan, the Convention shall vote by ballot and by Orders and Parishes, as described in Article VII, Section 1, and the concurrence of a majority of all the Clergy entitled to seats in the Convention and a majority of the lay delegates voting by parishes (churches) shall be necessary to an election. All Clergy who have been retired on account of age or disability and all non-parochial Clergy are entitled to a seat and, if otherwise entitled thereto, to a vote in the Diocesan Convention, but their absence at any Convention shall not be counted in determining a constitutional majority.
Article 14: Qualifications for Voting in Parochial and Mission Elections: Definitions
Section 1. The following definitions shall apply wherever these terms appear in this Constitution or in the Canons of the Diocese:
(a) Member: A person who has received the Sacrament of Holy Baptism with water in the Name of the Father, and of the Son, and of the Holy Spirit, whether in this Church or in another Christian Church, and whose Baptism has been duly recorded in this Church. (b) Adult member: A member sixteen years of age and over. (c) Communicant: A member who has received Holy Communion in this Church at least three times during the preceding year. (d) Communicant in good standing: A member who for the previous year has been faithful in corporate worship, unless for good cause prevented, and has been faithful in working, praying, and giving for the spread of the Kingdom of God. (e) Adult communicant in good standing: A communicant in good standing who is sixteen years of age or older.
Section 2. Those entitled to vote in all Parish and Mission elections shall meet the following qualifications:
(a) Be an adult communicant in good standing in the Parish or Mission; and (b) Shall have subscribed to the following declaration: I do hereby consent to be governed by the Constitution and Canons of the Church, as set forth in and by the General Convention of the Protestant Episcopal Church in the United States of America, and by the Constitution and Canons of the Diocese of East Carolina.
Article 15: Method of Amending Canons
No new Canon shall be passed, nor shall any existing Canon be amended, upon the day upon which said new Canon or amendment may be proposed, without unanimous consent. Nor, without a similar consent shall the question upon the passage of such Canon or amendment be finally put without previous reference to a committee.
Article 16: Method of Amending the Constitution
Any proposition to alter this Constitution shall be made in writing, and if approved by a majority of the Convention, shall be submitted to the next Convention, and if then approved by a majority of each of the two Orders present, voting by Orders and Parishes as described in Article VII, it shall become a part of this Constitution.
Article 17: When Amendments Become Affective
All Constitutional amendments shall take effect from and after the adjournment of the Convention at which they shall have been ratified, unless it shall be otherwise ordered by a vote by Orders.
Canons of the Episcopal Diocese of East Carolina
Title I: Convention of the Diocese; Diocesan Officers and Representatives
Canon I: Members of Convention
Section 1. Clergy. It shall be the duty of the Secretary, before the opening of the Annual Convention to apply to the Ecclesiastical Authority for a correct list of the Clergy entitled to seats. Such list shall be prima facie evidence of said title, and from it the Secretary shall prepare the roll for the purpose of organization.
Section 2. Laity. The Clerk of the Vestry of each Parish and the Clerk of each Mission electing Lay Delegates to the Convention shall furnish three certificates of said election. One shall be handed to the Delegates elect, one shall be forwarded to the Secretary of the Convention, and one to the Convention Registrar, the latter two to be mailed at least six weeks before the time appointed for the opening session of the Convention. From these certificates the Secretary shall prepare a list of Lay delegates to ascertain the presence of a quorum, and shall insert no name upon the list without evidence of one of said certificates, unless specifically directed by the Convention. Defective or doubtful certificates shall be laid aside to be acted upon after the Convention shall have been organized.
Section 3. Ex-Officio Members. The Trustees of the Diocese, the members of the Standing Committee, the members of the Executive Council, the Directors of the Episcopal Foundation of the Diocese of East Carolina Incorporated, the Deans of the Deanery Council, the members of committees and commissions elected by the Convention, the Secretary, Treasurer, Chancellor, Vice-Chancellor, and Historiographer shall be ex-officio members of the Convention, but without the right to vote unless otherwise entitled to vote in the Convention by reason of status other than that enumerated in this section.
Section 4. The following committees shall constitute the Annual Committees of the Convention. The term of the following Annual Committee appointments or elections shall run from the close of the Convention at which the appointment or election is made until the close of the following Convention, unless otherwise provided. If a person appointed or elected dies, resigns or becomes incapacitated, a successor may be appointed by the Executive Council, upon nomination of the Ecclesiastical Authority, to serve the remainder of the term, unless otherwise provided.
(a) The Committee on Constitution and Canons shall consist of three members of the clergy and three lay persons, nominated by the Ecclesiastical Authority and confirmed by the Annual Convention. The Chancellor and the Secretary of the Convention shall be ex officio members of the Committee. The Committee on Constitution and Canons shall recommend amendments, changes, additions, deletions and rewrites of the Constitution and Canons for Convention’s consideration. The Committee shall also review all changes proposed to Convention by the delegates, Departments or other committees and recommend the proper form of any Constitution or Canon changes before Convention acts. The Committee shall conduct any hearing on a proposed change during Convention and may recommend to Convention any revised versions arising out of the hearings as the Committee may in its discretion determine appropriate and helpful to Convention’s consideration.
(b) The Diocesan Convention Committee shall consist of three members of the clergy and four lay persons, nominated by the Ecclesiastical Authority and confirmed by the Annual Convention. The Secretary of the Convention and the Chair of the Liturgical Commission shall be ex-officio members of the Committee. The Committee shall make recommendations with regard to the dates and places of Annual and Special Conventions, shall make proper arrangements for each meeting, shall set registration fees and other charges, shall prepare and submit annually to the Finance Committee a budget for expenses of the Convention and for publication of the Diocesan Journal, shall keep records of receipts, disbursements and proceedings, and shall perform such other duties as may be assigned by the Convention or by the Bishop.
(c) The Committee on Resolutions shall consist of four clergy and four lay persons, nominated by the Ecclesiastical Authority and confirmed by the Annual Convention. The Ecclesiastical Authority shall appoint one of the members as Chair. The Committee shall receive and organize the resolutions for submission to the Convention and shall determine the order of their presentation. The Committee shall conduct any hearing on a proposed Resolution scheduled during the Convention and may recommend to Convention any revised versions arising out of the hearings as the Committee may in its discretion determine appropriate and helpful to Convention’s consideration.
(d) The Finance Committee shall consist of the Treasurer and additional members, one lay person and one clergy person, representing each Deanery of the Diocese, nominated by the Ecclesiastical Authority and confirmed by the Annual Convention. The members should have expertise or experience in budgeting, financial management or accounting. The Committee shall advise the Ecclesiastical Authority, Executive Council and the Convention on the financial affairs of the Diocese. The Finance Committee shall conduct any hearings scheduled for discussion and consideration of the annual budget and shall recommend changes, amendments and revisions for Convention’s consideration.
(e) The Elections Committee shall consist of two clergy and two lay persons, nominated by the Ecclesiastical Authority and confirmed by the Annual Convention. The Committee shall receive nominations for the offices to be filled by the Convention, recommend nomination and voting procedures, prepare ballots and act as tellers for all elections during the Convention.
(f) The Nominations Committee shall consist of one member of the clergy and one lay person representing each deanery, elected by the Deanery no later than 60 days prior to the Annual Convention and confirmed by the Annual Convention. The Bishop shall be an ex-officio member of the committee. The Ecclesiastical Authority shall name the chair of the Nominations Committee from the elected membership. Members of the Nominations Committee may serve up to three (3) consecutive annual terms. Thereafter, no member who has served on the Committee for three (3) consecutive terms shall be eligible for re-election or appointment to fill a vacancy until one year after the expiration of the member’s previous term of office. The Committee shall establish and publish nomination procedures, solicit and receive nominations for the offices to be elected by Convention, examine the qualifications of nominees to assure conformity with any Constitutional or Canonical requirements for the office, present a slate equal to at least the number of vacancies to be filled which is broadly representative of this Diocese, and prepare a brief biographical profile on each nominee and assure inclusion of the profiles in the information provided to the members of the Annual Convention. These procedures shall not preclude additional nominations from the floor of the Annual Convention.
Section 5. The following committee shall constitute Regular Committees of Convention. The members of the Regular Committees shall be appointed during the organization of the Convention after the Convention is called to order. The members shall serve until the adjournment of the Convention at which they were appointed.
(a) The Committee on the Bishop’s Address shall consist of two members of the clergy and three lay persons who are members of Convention, appointed by the Bishop. The committee shall consider the Bishop’s Annual Address and shall report to the Convention as the committee deems appropriate.
(b) The Committee on Courtesy shall consist of three persons who are members of the Convention, appointed by the Bishop. The committee shall make such report to the Convention as the committee deems appropriate.
(c) The Committee on Credentials shall consist of two members of the clergy and two lay persons who are members of the Convention, appointed by the Bishop. The committee shall verify the list of clergy and lay delegates qualified to vote in the Convention, determine the presence of a quorum, and report to the Convention.
Section 6. Expenses of Delegates. Each clerical and lay delegate to an annual or special Diocesan Convention, actually attending the same, shall be entitled to have the necessary expenses incurred by such attendance paid by the parish or mission which he or she represents; provided, that the amount in each case shall not exceed such limits as may be fixed by the vestry of such parish or mission.
Canon II: Worship at Convention
The Holy Eucharist shall be celebrated on the first day of each annual or special convention of the Diocese, and any other services of worship may be held at the discretion of the Ecclesiastical Authority.
Canon III: Rules of Order
The Convention shall adopt rules of order, which shall continue in force until altered, and in the absence of such action, its proceedings shall be governed by the latest edition of “Robert’s Rules of Order, Revised Edition.”
Canon IV: Secretary
Section 1. The Secretary shall issue notices of all meetings of the Convention under direction of the Ecclesiastical Authority; shall prepare the Canonical list of the Clergy and Lay Delegates entitled to seats therein; in the absence of both the Bishop and the President of the Standing Committee, shall call the Convention to order for the purpose of organization; shall keep a record of its proceedings, under its direction, in a suitable form to be kept for that purpose; and shall be admitted to a seat in the Convention and to participation in its deliberations, without the right of voting, unless otherwise entitled to vote in the Convention.
Section 2. The Secretary shall prepare and issue the Journals as may from time to time be directed by the Convention, and shall preserve sufficient copies of the same for the use of the members of the next succeeding Convention, together with such other records in his or her keeping as may be required for reference. The Secretary shall also prepare a complete list of the Parishes and Missions entitled to representation and shall publish such list in the Journal.
Section 3. The Secretary is hereby authorized upon voucher approved by the Chair, or other designated member of the Department of Administration, to draw upon the Treasurer for the amount of expenses necessarily incurred from time to time in discharging the duties prescribed by this Canon.
Section 4. The Secretary of the Vestry of each Parish or Mission is directed to transmit to the Secretary of the Convention, as soon as practical after the election of delegates to each Annual Convention of the Diocese, a list showing the names of the delegates and alternates to said Convention from his or her Parish or Mission.
Section 5. The Convention may elect one or more Assistant Secretaries to assist the Secretary in discharging the duties prescribed by this Canon. An Assistant Secretary shall be admitted to a seat in the Convention and to participation in its deliberations, without the right of voting, unless otherwise entitled to vote in the Convention.
Canon V: Treasurer
Section 1. The Secretary shall issue notices of all meetings of the Convention under direction of the Ecclesiastical Authority; shall prepare the Canonical list of the Clergy and Lay Delegates entitled to seats therein; in the absence of both the Bishop and the President of the Standing Committee, shall call the Convention to order for the purpose of organization; shall keep a record of its proceedings, under its direction, in a suitable form to be kept for that purpose; and shall be admitted to a seat in the Convention and to participation in its deliberations, without the right of voting, unless otherwise entitled to vote in the Convention.
Section 2. The Secretary shall prepare and issue the Journals as may from time to time be directed by the Convention, and shall preserve sufficient copies of the same for the use of the members of the next succeeding Convention, together with such other records in his or her keeping as may be required for reference. The Secretary shall also prepare a complete list of the Parishes and Missions entitled to representation and shall publish such list in the Journal.
Section 3. The Secretary is hereby authorized upon voucher approved by the Chair, or other designated member of the Department of Administration, to draw upon the Treasurer for the amount of expenses necessarily incurred from time to time in discharging the duties prescribed by this Canon.
Section 4. The Secretary of the Vestry of each Parish or Mission is directed to transmit to the Secretary of the Convention, as soon as practical after the election of delegates to each Annual Convention of the Diocese, a list showing the names of the delegates and alternates to said Convention from his or her Parish or Mission.
Section 5. The Convention may elect one or more Assistant Secretaries to assist the Secretary in discharging the duties prescribed by this Canon. An Assistant Secretary shall be admitted to a seat in the Convention and to participation in its deliberations, without the right of voting, unless otherwise entitled to vote in the Convention.
Canon VI: Chancellor
Section 1. The Chancellor, who shall be a member of the legal profession, and a communicant of the Church in this Diocese, shall be elected upon nomination by the Bishop. The Chancellor shall be the legal advisor of the Bishop, of the Standing Committee, of the Executive Council and of the Trustees of the Diocese and counsel in all suits of law that may arise in the administration of the affairs of the Diocese, and shall be admitted to a seat in the Convention and to participation in its deliberations, without the right of voting, unless otherwise entitled to vote in the Convention by reason other than holding the office of Chancellor.
Section 2. If the Chancellor dies, resigns or becomes incapacitated, a successor shall be appointed by the Bishop to serve until the next Annual Convention.
Section 3. Upon advice of the Chancellor and nomination of the Bishop, the Convention may elect one or more Vice Chancellors for a one-year term to assist the Chancellor. A Vice Chancellor shall have the same qualifications as the Chancellor.
Canon VII: Historiographer
Section 1. The duty of the Historiographer shall be to receive and safely keep all books, documents and manuscripts belonging to the Diocese not required to be kept by any other persons or officer; to collect and preserve such materials as can be obtained relative to the history of the Diocese and of particular Parishes; and to catalogue and classify all books, documents and papers, so as to make their contents accessible for reference.
Section 2. The Historiographer shall annually report in writing to the Convention, showing with such detail as may be expedient, the condition of the materials in the possession of the Diocese, and the additions made to them from time to time, with such suggestions as may be proper. The Historiographer shall be admitted to a seat in the Convention, and to participation in its deliberations without the right of voting, unless otherwise entitled to vote in the Convention by reason other than holding the office of Historiographer.
Canon VIII: The Executive Council
Section 1. The Executive Council, as hereinafter constituted, shall administer and carry on the missionary, educational and social work of the Church in this Diocese, of which work the Bishop shall be the executive head.
Section 2. The Executive Council shall exercise all the powers of the Diocesan Convention between the adjournment of the Annual Convention and the convening of the next Annual Convention, except:
- (a) admission of a parish or mission to union with the Diocese according to Canon II.2;
- (b) dissolution or suspension of a parish or mission according to Canon II.6;
- (c) election of a Bishop, Bishop Coadjutor or Bishop Suffragan according to Canon III.1;
- (d) amendment to the Canons according to Article XV of the Constitution and Canon V.1;
- (e) amendment to the Constitution according to Article XVI of the Constitution.
All actions of the Executive Council shall conform to the Constitution and Canons of The Episcopal Church and this Diocese.
Section 3. The Executive Council shall be composed of the following members:
- (a) the Bishop, and the Bishop Coadjutor or the Bishop Suffragan, if there be either;
- (b) the President of the Standing Committee, the Secretary of Convention, the Treasurer, the Chancellor, and the President of The Episcopal Foundation of the Diocese of East Carolina, Inc. shall be ex officio members, with seat and voice but no right of voting;
- (c) sixteen members, nominated and elected as follows:
- (i) six “at large” members, three of whom shall be clergy and three of whom shall be lay persons who are confirmed communicants in good standing of any congregation in the diocese and are 16 years of age or older, nominated by any delegate to Convention under such guidelines as may be published by the Secretary from time to time and elected by Convention as set forth herein;
- (ii) 2 members representing each Deanery of the Diocese, one clergy person, and one lay person who is a confirmed communicant in good standing, nominated by the Deanery Council under guidelines published by the Secretary from time to time and elected by the Convention annually as set forth herein;
- (d) the Diocesan President of Episcopal Church Women.
Section 4. The members of the Executive Council shall be elected by vote of Convention for three year terms. A member who has served two consecutive terms on the Executive Council shall not be eligible for re-election, or for appointment to fill a vacancy, until one year after the expiration of his or her second term. The Executive Council shall have power to fill any vacancy in the Council that may occur through death or resignation of any member, provided that the person elected to fill an unexpired term shall meet the classifications for membership of the person whose vacancy is being filled. Appointments to fill any such vacancy shall expire at the close of the next annual Convention following appointment. Any person appointed to fill a vacancy who is eligible for election but is not elected to the Executive Council at the next following Annual Convention may not be appointed to fill any subsequent vacancy for a period of one year following such Convention.
Section 5. The Bishop shall chair the Executive Council. The Council may elect one of its own members, whether clerical or lay, as Vice Chair and prescribe the duties of the office. The Secretary of the Convention shall be the Secretary of the Executive Council.
Section 6. The Executive Council shall provide for a Department of Administration and shall have power, from time to time, to organize such other departments and committees as it may deem necessary or advisable to carry out its responsibilities, and it shall determine the scope of the work of all departments and committees. The standing departments of the Diocese shall be the following, unless changed by the Executive Council: the Department of Communications; the Department of Mission & Development; the Department of Christian Social Ministries; the Department of Christian Formation; the Department of Administration; and the Department of Youth and Young Adults. The Bishop shall appoint the chair and members of each department or committee of the Diocese. Each department or committee shall make a report, at least annually, to the Bishop and the Executive Council. The Executive Council may enact all necessary by-laws for its own government, and for the government of each department and committee, subject to the provisions of the Canons of the Diocese and any resolutions adopted by the Convention of the Diocese.
Section 7. The Executive Council shall submit to each annual meeting of the Diocesan Convention a report of the work done under its supervision for the preceding year, which report shall include the annual report of the Treasurer. The Executive Council shall also at each annual meeting of the Diocesan Convention submit for its approval and adoption a budget for all the work committed to the Council, including the general work of the Church in the Diocese, and such other work as it has undertaken, or proposed to undertake for the ensuing year. The following, among other items, shall be included in budgeted income: pledges of Parishes and Missions for the support of the Diocese, including pledges from prior years, any budget surplus from the preceding year, and unrestricted income from trust funds, investments, permanent or unappropriated funds and reserves and unrestricted income from The Episcopal Foundation of The Diocese of East Carolina, Incorporated. Provision may be made in said budget for the necessary and reasonable expenses of the officers and members of the Executive Council. Such budget and estimate shall be considered by the Diocesan Convention and appropriate action taken. The Executive Council shall have power to make or delegate to others the making of all decisions with regard to the acceptance, receipt, use, management, investment, disbursement and transfer of unbudgeted receipts and gifts or bequests of money, securities or property received by the Diocese or any officials or agencies thereof (except gifts or bequests to the Bishop’s Discretionary Fund and restricted funds of the Episcopal Foundation of The Diocese of East Carolina, Incorporated), subject, however, to the provisions of any will, agreement, restriction or designation governing such gifts or bequests and subject to action of the Diocesan Convention.
Section 8. The Executive Council shall meet with the Bishop at such stated times as it, with the Bishop’s concurrence shall appoint, at least twice a year, and at such other times as the Bishop shall convene it. Nine voting members of the Executive Council, including at least five in the Clerical Order and four in the Lay Order, with the Bishop or Vice-Chair, shall constitute a quorum; the Vice-Chair, if a voting member, shall be counted as a member in determining a quorum. A meeting shall be called by the Bishop, or if there is no Bishop in the Diocese, by the Vice-Chair, at any time upon written request of at least five members of the Executive Council. The Secretary shall give ten days notice of a called meeting.
Section 9. All salaries, other than that of the Bishop, shall be fixed by the Executive Council.
Section 10. With the exceptions hereinafter noted, all departments, committees, commissions and boards of the Diocese shall be responsible to and shall report annually to the Bishop and Executive Council. The exceptions are: the Standing Committee; the Committee on Canons; the Committee on Relationship to and Communications from the General Convention; the Trustees of the Diocese; the Committee on Parishes and Missions; the Church Pension Fund Committee; any committee appointed by the Bishop which is directly responsible and to report only to the Bishop; and any committee appointed or elected by Convention or under its authority which is directed to be responsible and report only to the Convention or to report in a manner inconsistent with this Section 10. The Executive Council shall be the sole custodians of all existing committee records and reports.
Section 11. No committee, commission or department shall be created by the Bishop or by the Executive Council or by the Convention of the Diocese without, at the time of its creation, such committee, commission or department being denominated a “standing” committee, commission or department of the Diocese, or if not, there being a fixed period of duration or a specified task to be performed by the committee, commission or department, at the expiration or conclusion of which the committee, commission or department shall cease to exist without further action by the Bishop, the Executive Council or the Convention of the Diocese.
Section 12. The Bishop may appoint members of the clergy and lay persons of the Diocese, not exceeding eighteen in number, as members of a Consulting Committee. Members of the committee shall serve for one year. They may attend meetings of the Executive Council at the invitation of the Bishop and may participate in its deliberations but shall have no right of voting unless otherwise entitled to vote on the Executive Council by reason of status other than that enumerated in this section.
Canon IX: Deputies to General Convention
Section 1. The Executive Council, as hereinafter constituted, shall administer and carry on the missionary, educational and social work of the Church in this Diocese, of which work the Bishop shall be the executive head.
Section 2. The Executive Council shall exercise all the powers of the Diocesan Convention between the adjournment of the Annual Convention and the convening of the next Annual Convention, except:
(a) admission of a parish or mission to union with the Diocese according to Canon II.2;
(b) dissolution or suspension of a parish or mission according to Canon II.6;
(c) election of a Bishop, Bishop Coadjutor or Bishop Suffragan according to Canon III.1;
(d) amendment to the Canons according to Article XV of the Constitution and Canon V.1;
(e) amendment to the Constitution according to Article XVI of the Constitution.
All actions of the Executive Council shall conform to the Constitution and Canons of The Episcopal Church and this Diocese.
Section 3. The Executive Council shall be composed of the following members:
(a) the Bishop, and the Bishop Coadjutor or the Bishop Suffragan, if there be either;
(b) the President of the Standing Committee, the Secretary of Convention, the Treasurer, the Chancellor, and the President of The Episcopal Foundation of the Diocese of East Carolina, Inc. shall be ex officio members, with seat and voice but no right of voting;
(c) sixteen members, nominated and elected as follows:
(i) six “at large” members, three of whom shall be clergy and three of whom shall be lay persons who are confirmed communicants in good standing of any congregation in the diocese and are 16 years of age or older, nominated by any delegate to Convention under such guidelines as may be published by the Secretary from time to time and elected by Convention as set forth herein; and
(ii) 2 members representing each Deanery of the Diocese, one clergy person, and one lay person who is a confirmed communicant in good standing, nominated by the Deanery Council under guidelines published by the Secretary from time to time and elected by the Convention annually as set forth herein;
(d) the Diocesan President of Episcopal Church Women.
Section 4. The members of the Executive Council shall be elected by vote of Convention for three year terms. A member who has served two consecutive terms on the Executive Council shall not be eligible for re-election, or for appointment to fill a vacancy, until one year after the expiration of his or her second term. The Executive Council shall have power to fill any vacancy in the Council that may occur through death or resignation of any member, provided that the person elected to fill an unexpired term shall meet the classifications for membership of the person whose vacancy is being filled. Appointments to fill any such vacancy shall expire at the close of the next annual Convention following appointment. Any person appointed to fill a vacancy who is eligible for election but is not elected to the Executive Council at the next following Annual Convention may not be appointed to fill any subsequent vacancy for a period of one year following such Convention.
Section 5. The Bishop shall chair the Executive Council. The Council may elect one of its own members, whether clerical or lay, as Vice Chair and prescribe the duties of the office. The Secretary of the Convention shall be the Secretary of the Executive Council.
Section 6. The Executive Council shall provide for a Department of Administration and shall have power, from time to time, to organize such other departments and committees as it may deem necessary or advisable to carry out its responsibilities, and it shall determine the scope of the work of all departments and committees. The standing departments of the Diocese shall be the following, unless changed by the Executive Council: the Department of Communications; the Department of Mission & Development; the Department of Christian Social Ministries; the Department of Christian Formation; the Department of Administration; and the Department of Youth and Young Adults. The Bishop shall appoint the chair and members of each department or committee of the Diocese. Each department or committee shall make a report, at least annually, to the Bishop and the Executive Council. The Executive Council may enact all necessary by-laws for its own government, and for the government of each department and committee, subject to the provisions of the Canons of the Diocese and any resolutions adopted by the Convention of the Diocese.
Section 7. The Executive Council shall submit to each annual meeting of the Diocesan Convention a report of the work done under its supervision for the preceding year, which report shall include the annual report of the Treasurer. The Executive Council shall also at each annual meeting of the Diocesan Convention submit for its approval and adoption a budget for all the work committed to the Council, including the general work of the Church in the Diocese, and such other work as it has undertaken, or proposed to undertake for the ensuing year. The following, among other items, shall be included in budgeted income: pledges of Parishes and Missions for the support of the Diocese, including pledges from prior years, any budget surplus from the preceding year, and unrestricted income from trust funds, investments, permanent or unappropriated funds and reserves and unrestricted income from The Episcopal Foundation of The Diocese of East Carolina, Incorporated. Provision may be made in said budget for the necessary and reasonable expenses of the officers and members of the Executive Council. Such budget and estimate shall be considered by the Diocesan Convention and appropriate action taken. The Executive Council shall have power to make or delegate to others the making of all decisions with regard to the acceptance, receipt, use, management, investment, disbursement and transfer of unbudgeted receipts and gifts or bequests of money, securities or property received by the Diocese or any officials or agencies thereof (except gifts or bequests to the Bishop’s Discretionary Fund and restricted funds of the Episcopal Foundation of The Diocese of East Carolina, Incorporated), subject, however, to the provisions of any will, agreement, restriction or designation governing such gifts or bequests and subject to action of the Diocesan Convention.
Section 8. The Executive Council shall meet with the Bishop at such stated times as it, with the Bishop’s concurrence shall appoint, at least twice a year, and at such other times as the Bishop shall convene it. Nine voting members of the Executive Council, including at least five in the Clerical Order and four in the Lay Order, with the Bishop or Vice-Chair, shall constitute a quorum; the Vice-Chair, if a voting member, shall be counted as a member in determining a quorum. A meeting shall be called by the Bishop, or if there is no Bishop in the Diocese, by the Vice-Chair, at any time upon written request of at least five members of the Executive Council. The Secretary shall give ten days notice of a called meeting.
Section 9. All salaries, other than that of the Bishop, shall be fixed by the Executive Council.
Section 10. With the exceptions hereinafter noted, all departments, committees, commissions and boards of the Diocese shall be responsible to and shall report annually to the Bishop and Executive Council. The exceptions are: the Standing Committee; the Committee on Canons; the Committee on Relationship to and Communications from the General Convention; the Trustees of the Diocese; the Committee on Parishes and Missions; the Church Pension Fund Committee; any committee appointed by the Bishop which is directly responsible and to report only to the Bishop; and any committee appointed or elected by Convention or under its authority which is directed to be responsible and report only to the Convention or to report in a manner inconsistent with this Section 10. The Executive Council shall be the sole custodians of all existing committee records and reports.
Section 11. No committee, commission or department shall be created by the Bishop or by the Executive Council or by the Convention of the Diocese without, at the time of its creation, such committee, commission or department being denominated a “standing” committee, commission or department of the Diocese, or if not, there being a fixed period of duration or a specified task to be performed by the committee, commission or department, at the expiration or conclusion of which the committee, commission or department shall cease to exist without further action by the Bishop, the Executive Council or the Convention of the Diocese.
Section 12. The Bishop may appoint members of the clergy and lay persons of the Diocese, not exceeding eighteen in number, as members of a Consulting Committee. Members of the committee shall serve for one year. They may attend meetings of the Executive Council at the invitation of the Bishop and may participate in its deliberations but shall have no right of voting unless otherwise entitled to vote on the Executive Council by reason of status other than that enumerated in this section.
Canon X: Delegates to Provincial Synod
The Executive Council shall elect such number of clergy and lay delegates as it deems advisable to attend the Provincial Synod. Such election shall take place at such time as shall be convenient to give timely notice to the Synod of such elections.
Canon XI: Trustees of the Diocese
Section 1. The Bishop, or when there is no Bishop, or when the Bishop requests the Standing Committee in writing to serve as the Ecclesiastical Authority pursuant to Canon III.12.4(c) of the Canons of The Episcopal Church, the President of the Standing Committee, together with two (2) lay persons and two (2) clergy canonically resident in this Diocese, nominated by the Bishop and elected by the Convention shall constitute the Board of Trustees for the Church in this Diocese. The Trustees under the direction of the Convention, or of the Executive Council between meetings of the Convention, shall receive, hold, manage, invest, disburse and transfer trust funds vested in the Trustees, which trust funds shall include funds, monies, and securities (and reinvestments thereof) given or bequeathed to the Diocese or the Trustees, or transferred to the Trustees, (a) in trust on specific terms stated in an agreement or will, or (b) with restrictions or designations as to the use of principal or income and under conditions that require holding the funds, monies or securities for longer than twelve months. The Trustees shall hold title to real estate vested in them as provided in this Canon. The provisions of any will or agreement controlling investment, management, use or disbursement of funds and property vested in the Trustees shall be complied with in each instance. The Trustees shall keep the Diocesan House in repair and the grounds in good order and are authorized to provide an allowance for these purposes.
Section 2. The two (2) lay members and two (2) clergy canonically resident in this Diocese of the Board of Trustees shall serve a term of two (2) years and may not serve more than two consecutive terms. The terms of these two (2) lay persons and two (2) clergy canonically resident in this Diocese shall be staggered so that two (2) trustees, one lay and one clergy, will be elected at each Annual Convention. In 2004, one clergy person shall be elected to serve a one year term and one clergy person shall be elected to serve a two year term, as designated by the Bishop upon placing the names in nomination. Thereafter, persons elected to the Board of Trustees shall serve for two (2) years or until their successors are elected. Persons eligible for election shall be eighteen (18) years of age or older, confirmed communicants in good standing and residents within the Diocese.
Section 3. The Trustees of the Diocese are authorized with the approval of the Executive Council, to transfer trust funds and other investment property of the Diocese, vested in or held by the Trustees, to The Episcopal Foundation of the Diocese of East Carolina, Incorporated, to be held, managed and invested for the benefit of the Diocese, subject in every case to the provisions of any will or agreement controlling investment, management, use or disbursement of said funds and property, and subject to applicable federal and state laws and the constitution and canons of this Diocese and of The Episcopal Church. At any time, on reasonable notice, the Trustees with the approval of the Executive Council may require The Episcopal Foundation of The Diocese of East Carolina, Incorporated, to return and transfer back to the Trustees any trust funds or other investment property transferred to the Foundation pursuant to this section 3.
Section 4.
(a) Whenever the title to real property in any Parish is vested in the Trustees of the Diocese for the use and benefit of the Parish, the Trustees shall have the power to convey the property upon the written request of the Vestry of such Parish, subject to the written consent of the Bishop and the Standing Committee, if in the opinion of Trustees it is advisable so to do; but if, in their opinion, it is not advisable to make such conveyance, they shall report the facts to the next Convention.
(b) Whenever title to real property is vested in the Trustees for the use and benefit of any Mission or organization of the Diocese other than a Parish, the Trustees shall have the power to convey the property upon written request and written approval of the Bishop and the Standing Committee, and shall have the power to convey the property and reinvest the proceeds in other property, such reinvestment to be held in trust for the benefit of such Mission or organization.
(c) The title to all real estate belonging to the Diocese in its own right is declared to be vested in the Trustees of the Diocese, and the Trustees of the Diocese are authorized to convey the property, whenever in their judgment such action is for the best interest of the Diocese, but no such action shall be taken except by unanimous consent of all the Trustees of the Diocese, and subject to the written consent of the Bishop and the Standing Committee.
Section 5. Any vacancy occurring in this Board by death or otherwise may be filled by the Ecclesiastical Authority.
Canon XII: Diocesan Commission on Ministry
Section 1. There shall be a Diocesan Commission on Ministry, consisting of eight Priests canonically resident in the Diocese, two Vocational Deacons, and four lay persons, communicants of this Church and residents of the Diocese. The members of the Commission shall be elected by the Convention, on nomination by the Bishop, for four-year terms. One Vocational Deacon shall be elected every two years. Two Priests and one lay person will be elected annually; provided, that the number elected and the terms may be varied initially to produce such staggered terms. No member who has served on the Commission shall be eligible for re-election or appointment to fill a vacancy until one year after the expiration of the member’s previous term of office. The Executive Council shall elect a person of the appropriate order, on nomination by the Bishop, to fill any vacancy that may occur on the Commission between annual meetings of the Convention. The Bishop shall designate a Priest from the members of the Commission to serve as chair.
Section 2. The Commission shall perform the duties and functions prescribed in Canon III.2 of the Canons of General Convention, shall conduct and evaluate the examination of persons for Holy Order; support the development, training, utilization and affirmation of the ministry of the laity in the world; and perform such other duties as may be assigned to it by the Bishop.
Title II: Deaneries; Parishes and Missions of the Diocese
Canon I: Deaneries
Section 1. Deaneries. The Diocese shall be divided into Deaneries, the number and boundaries of which shall be fixed from time to time by the Bishop, with the advice and consent of the Executive Council.
Section 2. Purpose. Deaneries are established for the following purposes:
(a) To provide a means of communication among the Congregations, Bishop, Diocesan Staff,
and other Diocesan entities as shall from time to time become appropriate.
(b) To provide a regional forum, which the Congregations of the Deanery may use for organizing and conducting events and programs, including but not limited to shared mission, liturgical, educational and community building opportunities, contributing to the enrichment of
Congregational and Diocesan life.
Section 3. Membership. Each Deanery shall include:
(a) The members of the parishes or missions within the deanery.
(b) The clergy within the Deanery who are canonically resident or licensed to serve in the Diocese.
Section 4. Deanery Council.
(a) The Vestry of each parish or mission within the Deanery may select two lay deanery representatives who shall be adult confirmed communicants in good standing for a term decided
upon by the Vestry to serve with the clergy within the Deanery as the Deanery Council.
(b) The Deanery Council shall meet regularly to give leadership to the life and ministry of the
Deanery.
(c) The Deanery Council shall conduct an annual meeting of the Deanery no later than 60 days
prior to the Annual Convention at which: (i) one clergy person and one lay person who is an
adult confirmed communicant in good standing shall be elected to represent the Deanery for
a one year term on the Annual Convention’s Nominations Committee and may subsequently
be elected for a total of three consecutive terms; and (ii) when necessary to fill vacancies, one clergy person and one lay person who is an adult confirmed communicant in good standing shall be nominated to represent the Deanery on The Executive Council for a three year term upon election by the Annual Convention, as set forth in Title I. Canon 8; (iii) other business of the Deanery Council may be conducted.(d) The Deanery Council shall conduct an annual pre-convention meeting of the Deanery at which the delegates to the Annual Convention and other members of the Deanery congregations shall be given an opportunity to review items on the proposed Convention agenda.
Section 5. Officers.
(a) The Bishop shall annually appoint one or more Deans, clergy or lay, from among the congregations of each Deanery, who shall convene and preside over any meetings of the Deanery
and the Deanery Council and who shall meet together with one another and the Bishop, when
invited to do so.
(b) In addition the Deanery Council may elect such other officers as it deems expedient for the
transaction of its business.
Section 6. Conferences with the Bishop. The Bishop may provide for occasional conferences
with clergy or lay groups within the Deaneries.
Canon II: Congregations of the Diocese
Section 1. Types of Congregations. There shall be two types of congregations recognized in the Diocese: parishes and missions. There shall be no distinction between parishes and missions of the Diocese with regard to representation and voting rights in conventions of the diocese, which rights shall be determined in conformity with Article IV of the Constitution of the Diocese, or representation and voting rights in the Deaneries of the Diocese, which rights shall be determined in conformity with Title II, Canon 1, of the Canons of the Diocese.
Section 2. Boundaries of Congregations. Congregational boundaries shall coincide with the fixed civil political boundaries, as fixed by the laws of the state of North Carolina, of towns, cities, or counties. The boundaries of any parish or mission of the Diocese shall be the largest such political subdivision of the State of North Carolina in which there exists only one congregation of the Diocese. In the event that more than one congregation is located within the corporate boundaries of a town or city, the boundaries of each of the congregations so located shall be the corporate limits of such town or city, and the parochial cures of each such congregation shall be the same.
Section 3. Missions. An organized mission of the Diocese is a congregation of ten or more confirmed communicants in good standing of the Episcopal Church, 16 years of age or older, together with such other persons who desire to be members thereof, which has not been admitted into union with convention as a parish, and which has been recognized and accepted as a mission of the Diocese in accordance with this Canon. A mission may be formed by any of the following methods:
(a) by voluntary association of confirmed communicants of the Episcopal Church in accordance with Section 4 of this Canon;
(b) by extension of any existing parish into a mission congregation with the consent of the Bishop and under the supervision of the Department of Mission and Development; or
(c) by establishment of a mission by the Bishop with the advice and consent of the Executive Council of the Diocese under plans formulated by the Department of Mission and Development.
Section 4. Admission of Organized Missions. A congregation as described in Section 2 of this Canon shall be admitted into union with convention and recognized as an organized mission of the Diocese upon vote of convention after certification by the Department of Mission and Development, in consultation with the Deanery Council of the relevant Deanery of the Diocese, that the following requirements and conditions have been met:
(a) Consent of the Bishop to the organization of the congregation;
(b) Consent of the Rector or other clergy in charge of any congregation within the boundaries of which the petitioning congregation intends to locate its primary place of worship;
(c) Adoption, with the consent of the Bishop, of a name by which the congregation shall be known;
(d) Election of a Vestry in accordance with the Canons of the Diocese;
(e) Provision, both financial and otherwise, of a schedule and place of at least weekly worship, with provision for the celebration of Holy Eucharist at least one Sunday of each month;
(f) Adoption of a plan of development and mission which has been approved by the Department of Mission and Development under such guidelines as the Department may adopt from time to time, with provision for adequate congregational financial support and a commitment to the mission, program and financial support of the Diocese;
(g) Adoption of the following statement by at least ten confirmed communicants in good standing, sixteen years of age or older, who are members of the proposed mission, signified by their signatures upon a copy of said statement, submitted to the Bishop prior to the consideration of convention of the request for admission:
“We, the undersigned, being confirmed communicants of the Episcopal Church, and being at least sixteen years of age, having formed ourselves into a congregation known as ___, at ___, North Carolina, do hereby certify that all requirements and conditions for admission to union with the Convention of the Diocese of East Carolina as contained in the Constitution and Canons of the Diocese have been met. We further certify that we hereby consent to be governed by the Constitution and Canons of the Episcopal Church, as established by its General Convention, and by the Constitution and Canons of the Diocese of East Carolina, and we recognize the Bishop of East Carolina as the Ecclesiastical Authority of the Diocese, and as chief pastor and spiritual and ecclesiastical authority of the congregations of the Diocese. We hereby request recognition as an organized mission of the Diocese and admission into union with the convention thereof. In witness whereof, we have hereunto signed our names, this the ___ day of _, 20__.”
(h) Establishment of a relationship with a priest selected by the Bishop with the consent of the Vestry, with provision for worship services and pastoral care for the congregation under terms and conditions approved by the Bishop.
Upon an affirmative vote of convention to any such petition, the mission thus admitted shall immediately be seated in the convention of the diocese, with full voice and vote, in accordance with the Constitution and Canons of the Diocese, and shall thereafter comply fully with all the requirements of said Constitution and Canons, and of the Constitution and Canons of the General Convention of the Episcopal Church and be known as an organized mission of the Diocese of East Carolina.
Section 5. Parishes. A recognized congregation of the Diocese of East Carolina with at least twenty-five confirmed communicants in good standing, 16 years of age or older, and in the case of a new parish, which has existed as an organized mission of the diocese for at least one year, and which has been admitted to union with the Convention of the Diocese as such, shall be recognized as a parish. A mission of the Diocese shall be admitted to status as a parish by vote of convention after certification by the Department of Mission and Development that the following requirements and conditions have been met:
(a) Existence as an organized mission of the Diocese for a period of at least one year;
(b) Maintenance of a regular place of worship;
(c) Establishment of a relationship with a Rector under the Canons of the Diocese who is compensated in accordance with guidelines established by the Clergy Salary Study Commission of the Department of Administration;
(d) Full participation in the life of the Deanery in which it is located and in the life, mission and ministry of the Diocese of East Carolina.
Canon III: Parish Meetings
Section 1. Annual Meeting. The Vestry shall call for an annual meeting of the communicants of the parish. The annual meeting shall occur on the first Sunday of Advent unless the Vestry designates another date. The annual meeting shall conduct Vestry elections, hear reports from the Rector, the Wardens and each parish committee and organization, and discuss other matters of interest to the congregation. Motions, resolutions, elections and all other matters presented to a parish meeting for vote shall be decided by vote of the qualified members present and voting.
Section 2. Other Parish Meetings. Upon the call of the Vestry, a meeting of the communicants of the parish may be held at any stated time, upon notice of not less than one week to the Rector and the communicants.
Section 3. Persons Qualified to Vote in Parish Meetings. A person who meets the qualifications set forth in Article XIV of the Constitution of this Diocese may vote when present at any meeting of the parish.
Section 4. Bylaws.
(a) A parish meeting may adopt bylaws:
(1) for the orderly conduct of parish meetings;
(2) for the adoption of a rotating Vestry system as authorized by Canon 4, Section 3;
(3) for the election of members of the Vestry and, if so authorized by the Vestry, delegates to the Annual Convention; and
(4) for the orderly conduct of Vestry meetings and other business of the parish.
(b) Bylaws shall be consistent with the Constitution and Canons of this Church and this Diocese.
(c) The Rector and the Senior Warden shall file a copy of the parish bylaws and any amendment thereto, certified by the Clerk of the Vestry, within thirty days after their adoption with the Ecclesiastical Authority of the Diocese for approval. The Ecclesiastical Authority may, upon the advice of the Chancellor, disapprove any bylaw which is inconsistent with the Constitution or Canons of the General Convention of the Protestant Episcopal Church in the United States of America, or with the Constitution or Canons of this Diocese. Any bylaw rejected by the Ecclesiastical Authority shall be severable from the remainder and shall not alter the effectiveness of the remainder of the parish bylaws.
Canon IV: Vestries
Section 1. Vestry Declaration and Promise. Every person chosen as a member of a Vestry of a parish or mission of this Diocese shall qualify by subscribing to the following declaration and promise: “I do believe the Holy Scriptures of the Old and New Testaments to be the Word of God, and to contain all things necessary to salvation; and I do consent to be governed by the doctrine, discipline and worship of the Protestant Episcopal Church in the United States of America; and I promise that I will faithfully execute the office of member of the Vestry of [Parish or Mission in City or County], according to the best of my ability.”
Section 2. Size and Composition. A Vestry shall have not fewer than three (3) or more than twelve (12) members, confirmed adult communicants in good standing of the Episcopal Church as defined in Article XIV of the Constitution of this Diocese.
Section 3. Terms of Office.
(a) The annual parish meeting shall elect a Vestry in accordance with one of the following alternative plans:
(1) Vestry Plan One. At each annual parish meeting, all the members of the Vestry shall be elected to serve until the next annual parish meeting or until their successors are elected.
(2) Vestry Plan Two. The annual parish meeting may select, by vote of the annual parish meeting or bylaw, a rotating Vestry system with three-year terms. At the first election following the adoption of this plan, one-third of the members shall be elected to serve one year, one-third for two years, and one-third for three years. Thereafter, at the annual parish meeting, one-third of the Vestry shall be elected. Members of the Vestry shall serve until their successors are elected.
(3) Vestry Plan Three. The annual parish meeting may select, by vote of the annual parish meeting or bylaw, a rotating Vestry system with two-year terms. At the first election following the adoption of this plan, one-half of the Vestry shall be elected for one year, and one-half shall be elected for two years. Thereafter, at each annual parish meeting, one-half of the Vestry shall be elected. Members of the Vestry shall serve until their successors are elected.
(b) A parish may provide that a retiring member of the Vestry shall not be eligible for re-election until a period of one year has elapsed between terms. No member shall serve for a period greater than three consecutive years on any Vestry until a period of at least one year has elapsed between terms, except as provided in Section 10(b) of this Canon.
Section 4. Wardens.
(a) The Vestry shall elect annually a Senior Warden and a Junior Warden from among their own number. The Rector shall nominate the Senior Warden. If there is no Rector, the election of the Senior Warden shall proceed without such nomination.
(b) The Wardens shall:
(1) provide the Elements for the Eucharist;
(2) keep and disburse the alms when there is no Rector or Priest-in-Charge;
(3) provide for the celebration of public worship and instruction of the congregation by clergy or a lay person licensed by the Ecclesiastical Authority; and
(4) when there is no Rector or Priest-in-Charge, the Senior Warden shall preside at all meetings of the Vestry, Parish or Mission.
Section 5. Clerk of the Vestry.
(a) The Vestry shall annually elect a Clerk, who is not required to be a member of the Vestry.
(b) The Clerk of the Vestry shall:
(1) take and record the minutes of all meetings of the Vestry;
(2) attest to or certify the public acts of the Vestry;
(3) preserve all records and papers of the Parish or Mission;
(4) perform all other duties legally assigned to the Clerk of the Vestry; and
(5) faithfully and promptly deliver all books, records, files and documents, including electronic files and storage devices, of the Parish or Mission to the succeeding Clerk.
Section 6. Treasurer.
(a) The Vestry shall elect a Treasurer, who is not required to be a member of the Vestry.
(b) The Treasurer shall:
(1) receive and disburse all monies collected under the direction of the Vestry or parish bylaw;
(2) keep an accurate account of all monies received and report to the Vestry at least semi-annually or as directed;
(3) faithfully and promptly deliver all books, records of account and financial documents, including electronic files and storage devices, of the Parish or Mission to the succeeding Treasurer.
Section 7. Duties of the Vestry.
(a) The Vestry shall act as the Trustees of the Parish or Mission, and shall take charge of the property of the Parish or Mission.
(b) The Vestry shall regulate the temporal concerns of the Parish or Mission.
(c) The Vestry shall elect and call a Rector for the Parish and provide for the Rector’s maintenance.
(d) The Vestry shall keep order in the Parish or Mission.
(e) The Vestry shall act as helpers to the Rector or Priest-in-Charge in whatever is appropriate to the laity for the furtherance of the Gospel.
Section 8. Powers of the Rector.
(a) The Rector or Priest-in-Charge of the Parish or Mission, or a member of the Vestry designated by the Rector, shall preside in all meetings of the Vestry. Where there is no Rector or Priest-in-Charge, the Senior Warden shall preside at Vestry meetings as provided in Title II, Canon 4, Section 4 (b) (4). No Interim Rector shall preside at Vestry meetings unless so appointed by the Bishop.
(b) The Rector or Priest-in-Charge is entitled to vote only in case of a tie on any question except those in which he or she may be personally concerned.
(c) The Rector or Priest-in-Charge shall have the power to call special meetings of the Vestry at any time, giving reasonable notice and specifying the business for which the meeting is called.
Section 9. Vestry Meetings.
(a) Regular meetings of the Vestry shall be held as the Vestry and Rector or Priest-in-Charge may determine, but there shall be no less than four meetings of the Vestry each year.
(b) Upon request of three members of the Vestry, the Rector or Priest-in-Charge shall call a meeting of the Vestry.
(c) Should the Rector or Priest-in-Charge refuse to call a meeting of the Vestry when required, the Wardens or any three Vestry members may call a meeting, provided they give reasonable notice to the Rector.
(d) When the Rector or Priest-in-Charge is absent or the office is vacant, the Senior Warden or any two members of the Vestry may call special Vestry meetings, upon giving reasonable notice.
Section 10. Vacancies on Vestry.
(a) A vacancy on the Vestry may occur by death, resignation or removal. A parish bylaw may authorize the remaining Vestry members to fill the vacancy by appointment to serve the remainder of the unexpired term or to serve until the next annual parish meeting when the meeting shall elect a person to serve the remainder of the unexpired term.
(b) A parish bylaw may provide that a person who serves one year or less of an unexpired term may be eligible immediately for election to a full term.
Section 11. Insurance Requirements. All Vestries of the Diocese of East Carolina shall be required to pay the insurances associated with the operation of their parish in accordance with Diocesan policy. These insurances shall include, but are not limited to the following:
(a) adequate property, liability and casualty insurance,
(b) workers compensation,
(c) Officer and Director’s Liability,
(d) clergy and lay pension premiums,
(e) clergy and lay medical and dental insurance.
Canon V: Duties of the Members of the Church
Section 1. The members of this Church shall conform to its teachings and to the Creed upon which it is founded, and shall, as far as in them lies, live in the exercise of those Christian principles and duties prescribed in the Holy Scriptures and illustrated in the Book of Common Prayer. They shall further instruct their families and those dependent on them in like duties and principles both by example and precept. They shall use all sober and godly conversation, shall daily exercise family worship, be charitable in act and works, and shall celebrate and keep holy the Lord’s Day, giving all due attention to the Services of the Church and to public worship.
Section 2. It is expected that all adult members of this Church, after appropriate instruction, will have made a mature public affirmation of their faith and commitment to the responsibilities of their Baptism, and will have been confirmed or received by a Bishop of this Church or by a Bishop of a Church in communion with this Church.
Canon VI: Dissolution and Suspension of Parishes and Missions
Section 1. When, in the judgment of the Bishop of the Diocese, a parish does not give promise of such sufficient strength as will enable it to maintain its organization, whether from lack of communicants, or from any other cause, this judgment shall be reported to the Convention, which shall thereupon take such action as may seem good.
Section 2. In the event of the dissolution of any Parish or Mission by the Convention, the real and personal property of the Parish or Mission shall immediately vest in the Trustees of the Diocese, in trust for the dissolved Parish or Mission. The Trustees may require an audit of the assets and liabilities of the Parish or Mission, to be paid for out of the assets of the Parish or Mission. The Trustees may dispose of the personal property, and shall retain the proceeds in trust for the dissolved Parish or Mission. Within six months following any dissolution of a Parish or Mission, a study of the potential for mission and ministry on the site of any real property vesting in the Trustees as a result of the dissolution shall be conducted by a committee appointed by the Bishop, and a report of that study shall be sent to the Department of Mission and Development and to the Executive Council. If the Department and the Executive Council determine together that the Parish or Mission should not be reorganized on the site of the existing real property, all property held in trust by the Trustees for the Parish or Mission shall be freed of the trust and thereafter shall be held, administered, and disposed of by the Trustees as property of the Diocese in its own right as provided by Canon I.12.
Section 3. Whenever the penalty of exclusion or suspension from Lay representation in the Convention shall be inflicted on a Parish or Mission, as provided in Section 5 of Article IV of the Constitution, the sentence shall specify on what terms or at what time said penalty shall cease.
Canon VII: Archdeacons
Section 1. The Bishop shall have the power, with the consent of the Convention, to appoint one or more Archdeacons, who shall be Presbyters or Deacons canonically resident in the Diocese, and who shall, if practicable, be detached from any Parochial Cure.
Section 2. The authority and the duties of an Archdeacon shall be such as are committed to him or her in writing by the Bishop. The Archdeacon shall be amenable to the Bishop in all acts and appointments, and shall make such reports as the Bishop may require.
Title III: Bishops, Priests and Deacons
Canon I: The Election of a Bishop, Bishop Coadjutor
Section 1. The vote shall be taken by ballot and by Orders and Parishes, in accordance with Article XIII of the Constitution.
Section 2. The Secretary shall call the roll of the Clergy, and as the name of each member of the Clergy is called, the member’s ballot shall be deposited with the Tellers. The roll of the parishes and missions shall then be called by the Secretary, and as each is called, it shall deposit its ballots with the Tellers. The Tellers shall count the vote of each Order separately and report the results to the Chair, who shall announce the same. If the same person shall receive the necessary votes of both Orders on the same ballot, that person shall be declared duly elected. If no person is elected, the delegates may continue to vote as above ordered until an election is made.
Section 3. By consent of the Convention, Clergy and Laity may separate for deliberation, to reassemble in joint session at a specified time, after which the balloting shall be resumed in accordance with the provisions of Section 2 of this Canon.
Canon II: Salary of the Bishop
The salary of the Bishop of the Diocese for each calendar year shall be recommended by the Executive Council and included in the budget as adopted by the Annual Convention.
Canon III: Call of a Minister; Clergy Assistants
Section 1. (a) When there is no Rector in a Parish of the Diocese, the Vestry shall have power to call a Minister in accordance with Episcopal Church and Diocesan Constitutions and Canons. The Vestry of a parish calling a Minister shall offer a salary and allowances not less than the then existing minimums for members of the clergy recommended by the Clergy Salary Study Commission of the Department of Administration and adopted by the Diocesan Convention. (b) When a vacancy occurs in a Mission of the Diocese, the Bishop may, in his or her discretion, appoint a priest-in-charge for a period of not more than two years, under such terms and conditions as the Bishop deems appropriate, after consultation with the Vestry of the Mission. In the event of such appointment, the priest-in-charge may be reappointed for successive terms. In the event that the Bishop determines that the Vestry should call a priest-in-charge, the Vestry shall make such call in accordance with these Canons.
Section 2. When a Parish or Congregation becomes vacant the Church Wardens or other proper officers shall notify the fact to the Bishop. If the authorities of the Parish shall for thirty days have failed to make provision for the services of a priest during the vacancy, it shall be the duty of the Bishop to take such measures as are expedient for the temporary maintenance of Divine Services therein.
Section 3. No Parish may elect a Rector until the names of the proposed nominees have been made known to the Ecclesiastical Authority, and sufficient time, not exceeding sixty days, has been given to the Ecclesiastical Authority to communicate with the Vestry, nor until the Vestry has considered any such communication at a meeting duly called and held for that purpose. If a church is receiving financial assistance from the Diocese, the Ecclesiastical Authority’s written approval of the Vestry’s choice shall be essential to the election of the Priest in Charge.
Section 4. Written notice of the election, signed by the Church Wardens, shall be sent to the Ecclesiastical Authority of the Diocese. If the Ecclesiastical Authority be satisfied that the person so chosen is a duly qualified minister who has accepted the office, the notice shall be sent to the Secretary of Convention, who shall record it. Such record shall be sufficient evidence of the relation between the Minister and the Parish.
Section 5. A Rector is settled, for all purposes here and elsewhere mentioned in these Canons, who has been engaged permanently by any parish, according to the rules of the Diocese, or for any term of not less than one year.
Section 6. The Rector or Priest-in-Charge of a parish or mission shall have the authority to select and call an assistant, by whatever title called, with the consent of the Vestry of the parish or mission. Any assistant clergy shall serve under the authority and direction of the Rector or Priest-in-Charge. Before beginning the process of selection, the Rector or Priest-in-Charge shall discuss with the Bishop and the Vestry the Parish or Mission’s readiness to call an assistant and present a draft job description. The Rector or Priest-in-Charge shall discuss a list of candidates and job description of the assistant with the Bishop before the final selection is made. Before issuing a call of any assistant the name of the Member of the Clergy proposed for selection shall be made known to the Bishop, and the Bishop shall have sufficient time, not exceeding sixty days, to communicate with the Rector or Priest-in-Charge and the Vestry on the selection. Any assistant selected shall serve at the discretion of the Rector or Priest-in-Charge but may not serve beyond the period of service of the Rector or Priest-in-Charge except that, pending the call of a Rector, Priest-in-Charge, or full-time Interim Priest, the assistant may continue in the service of the Parish or Mission if requested to do so by the Vestry, and under such terms and conditions as the Bishop shall determine in consultation with the Vestry. No assistant may succeed directly to the position of Rector, Priest-in-Charge, or Interim Priest in any parish in which the assistant is currently serving in the event of the removal, resignation or death of the Rector or Priest-in-Charge.
Section 7. When a parish is vacant, or when a mission is vacant and the Bishop has authorized the Vestry to call a priest-in-charge, a priest may be called as Interim Rector with the consent of the Bishop with all rights and responsibilities attaching to that office except tenure. The Interim Rector shall serve in accordance with the terms and conditions of a written letter of agreement mutually agreeable to the priest, the Vestry and the Bishop. An Interim Rector may or may not be eligible to become the settled Rector or Priest-in-Charge of the congregation, and such eligibility shall be determined in accordance with the wishes of the Bishop prior to entering into an agreement with the proposed Interim Rector and shall be set forth in the letter of agreement adopted by the parties.
Canon IV: Registration, Reports, etc.
Section 1. Private and Parish Registers. Each member of the Clergy of this Diocese shall keep a register of all baptisms, confirmations, marriages, and funerals performed within his or her parish or cure, specifying the names of the persons in each instance, the parentage and date of birth of those baptized, with the names of their sponsors or witnesses and the time when each rite was performed. This register shall be transcribed at least once each month into a book provided for the purpose by the Vestry of the Parish or Mission.
Section 2. List of Communicants, etc. It shall also be the duty of each member of the Clergy to keep a list of the communicants within the Parish or Mission, and, so far as practicable, of the families and adult persons within the same, to remain for the use of the Parish and any successor called by the Parish.
Section 3. Parochial Reports. (a) It shall be the joint duty of the Rector or Priest in Charge and the lay leadership to report annually to the Bishop, through the Secretary of Convention, not later than March 1st preceding the Annual Convention, all official acts performed since the last such report to and including December 31st of the preceding year, and all information concerning the state of the Parish, Mission, or other Cure, according to the form prescribed by the Executive Council of the General Convention. Each such report shall also include all official acts performed by the Rector or Priest in Charge outside the Parish, Mission, or Cure. The Vestry’s approval is required before filing the Parochial Report. (b) In the case of a Parish without a Rector, Priest in Charge, or Interim Rector, it shall be the duty of the Vestry to make the required Parochial Report. (c) In making the Parochial Report, all communicants shall be included, except those who have been repelled by the proper authority under Canon I.17 of the Canons of the General Convention.
Section 4. Annual Audit Report. The Vestry of each Parish or Mission shall provide for an Annual Audit of all accounts. Such audit shall conform to the requirements of Canon I.7 of the Canons of the General Convention. The Vestry shall review the Audit Report and recommendations and file them together with an action plan to correct any deficiencies with the Bishop or Ecclesiastical Authority not later than September 1 following the close of the Parish or Mission’s fiscal year.
Section 5. Penalties. Failure to keep records or to file the reports required by this Canon or by the Canons of General Convention shall result in the imposition of those penalties set forth in Article IV, Section 5(b) of the Constitution of the Diocese.
Section 6. Transfer of Communicants. It shall be the duty of the Rector or Minister in Charge of every Parish or Mission, learning of the removal of any communicant of the minister’s Parish or Mission to another cure, without having secured a letter of transfer as provided for by General Church Canons Title I, Canon 17, Section 4, paragraph (a), with the consent of said communicant, to transfer the communicant to the new Cure.
Section 7. Disclosure of Parish Register. It shall be the duty of the Rector or Minister in Charge of a Parish or Mission to submit for the Bishop’s examination at the time of the Bishop’s annual visitation the Parish Register. The Bishop shall determine that all entries are properly made, all members accounted for, and that the register is properly indexed.
Canon V: Clergy Liable to Missionary Duty
All members of the Clergy of the diocese receiving aid from its missionary funds or from the General Missionary funds shall perform such missionary duties within the Diocese as may be prescribed by the Bishop, and the amount of compensation therefore shall be fixed from time to time by the Executive Council.
Canon VI: Dissolution of the Relationship between Congregation and Priest
Section 1. Except under mandatory resignation by reason of age, a Rector may not resign as Rector of a congregation without the consent of its Vestry, nor may any Rector canonically or lawfully elected and in charge of a congregation be removed therefrom by the Vestry against the Rector’s will, except as provided in this Canon.
Section 2. If for any urgent reason a Rector or Vestry desires a dissolution of the pastoral relationship between the priest and the congregation, and the parties cannot agree, either the priest or the Vestry, but no other person or group, may give notice in writing to the Ecclesiastical Authority of the Diocese. Whenever the Standing Committee is the Ecclesiastical Authority of the Diocese, it shall request the Bishop of another Diocese to perform the duties of Bishop under this Canon.
Section 3. Within sixty days of receipt of the written notice the Bishop as chief pastor of the Diocese shall mediate the differences between Rector and Vestry in every informal way which the Bishop deems proper, including the appointment of a consultant to confer in the matter, and may appoint a committee of at least one priest and one lay person, none of whom may be members of the congregation involved, to make a report to the Bishop.
Section 4. If differences between the parties are not resolved after completion of the mediation, the Bishop shall proceed as follows:
(a) The Bishop shall give written notice to the Rector and the Vestry that a godly judgment will be rendered in the matter after consultation with the Standing Committee and that either party has the right within ten days to request in writing an opportunity to confer with the Standing Committee before it consults with the Bishop.
(b) If a timely request is made, the President of the Standing Committee shall set a date for a conference, which will be held within thirty days.
(c) At the conference, each party shall be entitled to representation and to present its position fully.
(d) Within thirty days after the conference or after the Bishop’s notice if no conference is requested, the Bishop shall confer with and receive the counsel of the Standing Committee, which shall not be binding upon the Bishop and which the Bishop shall consider along with such other information as the Bishop deems proper; thereafter, the Bishop, as final arbiter and judge, shall render a godly judgment.
(e) Upon the request of either party the Bishop shall explain the reasons for the judgment. If the explanation is in writing, copies shall be delivered to both parties.
(f) If the pastoral relation is to be continued, the Bishop shall require the parties to agree on definitions of responsibility and accountability for the Rector and the Vestry.
(g) If the relation is to be dissolved:
(1) The Bishop shall direct the Secretary of Convention to record the dissolution.
(2) The judgment shall include such terms and conditions including financial settlements as shall seem to the Bishop just and compassionate.
Section 5. In either event the Bishop shall offer appropriate supportive services to the Priest and the congregation.
Section 6. In the event of the failure or refusal of either party to comply with the terms of the judgment, the Bishop may impose such penalties as are consonant with the Constitution and Canons of the General Convention of the Episcopal Church, and of the Diocese of East Carolina, including the following:
(a) In the case of a priest, suspend the priest from the exercise of the priestly office until the priest shall comply with the judgment.
(b) In the case of the Vestry, invoke any available sanctions including those set forth in Article IV of the Constitution of the Diocese until it has complied with the judgment.
Section 7. For cause, the Bishop may extend the time periods specified in this Canon, provided that all be done to expedite these proceedings. All parties shall be notified in writing of the length of any extension.
Section 8. (a) Statements made during the course of proceedings under this Canon are not discoverable nor admissible in any proceedings under Title IV of the Canons of the Episcopal Church, or under Title III, Canon 7 of the Canons of this Diocese, provided that this does not require the exclusion of evidence in any proceeding under the Canons which is otherwise discoverable or admissible.
(b) In the course of proceedings under this Canon, if a charge is made by the Vestry against the Rector that could give rise to a disciplinary proceeding under Title IV of the Canons of the Episcopal Church or Title III, Canon 7 of this Diocese, all proceedings under this Canon shall be suspended until the charge has been resolved or withdrawn.
Canon VII: Ecclesiastical Discipline
Section 1. Purpose. Those provisions of Title IV of the Canons of The Episcopal Church which are applicable to the Diocese are hereby incorporated as part of this Title. To the extent, if any, that any of the provisions of this Title are in conflict or inconsistent with the provisions of Title IV of the Canons of The Episcopal Church, the provisions of Title IV of the Canons of The Episcopal Church shall govern. Any terms not defined herein are defined in Title IV of the Canons of The Episcopal Church.
Section 2. Multi Diocese Agreement. The Diocese may enter into an Agreement to develop and share a Disciplinary Board and/or other resources necessary to implement Title IV of the Canons of The Episcopal Church with one or more other dioceses as authorized by Canon IV.5.3(i) of the Canons of The Episcopal Church (an “Agreement”). An Agreement and any amendment to it must be signed by the Bishop and ratified by Convention in like manner as for an amendment to the Diocese’s Canons before becoming effective. During the effectiveness of an Agreement, the provisions of this Title below shall apply except as modified by the Agreement.
Section 3. Discipline Structure.
(a) Disciplinary Board. The Board shall consist of eleven persons, six of whom are members of the Clergy and five of whom are Laity.
(b) Clergy Members. The Clergy members of the Board shall be in good standing, and canonically and geographically resident in the Diocese.
(c) Lay Members. The lay members of the Board shall be confirmed Adult Communicants in Good Standing, and geographically resident in the Diocese.
(d) Election. The members of the Board shall be elected by the annual Diocesan Convention. Each member shall be elected for a three (3) year term; except, if a member is elected to fill a vacancy, the term of such member shall be the unexpired term of the member being replaced. The terms of the members shall commence on the day immediately after the conclusion of the Diocesan Convention in which they are elected. The terms of office of the Board shall be staggered and arranged into three classes.
(e) Election of First Disciplinary Board. The Bishop, with the advice and consent of the Standing Committee, shall appoint the initial members of the Disciplinary Board. The term of the initial members of the Disciplinary Board shall be from July 1, 2011 until the conclusion of the 2012 Diocesan Convention. At the 2012 Diocesan Convention, the Convention shall elect all eleven members of the Disciplinary Board. Of the six clergy members, two shall serve a one year term, two shall serve a two year term, and two shall serve a three year term. Of the five lay members of the Disciplinary Board, one shall serve a one year term, two shall serve a two year term, and two shall serve a three year term. Beginning at the 2013 Diocesan Convention and each Diocesan Convention thereafter all persons elected to the Disciplinary Board shall be elected to a three year term in accordance with the terms of Section 3(d) above.
(f) Vacancies. Vacancies on the Board shall be filled as follows:
(i) If a vacancy is created for any reason other than pursuant to a challenge as provided below, the term of any person selected as a replacement Board member shall be until the next Diocesan Convention. If a vacancy results from a challenge, the replacement Board member shall serve only for the proceedings for which the elected Board member is not serving as a result of the challenge.
(ii) The Standing Committee shall appoint replacement Board members.
(iii) Persons appointed to fill vacancies on the Board shall meet the same eligibility requirements as elected Board members.
(iv) When a vacancy exists, the President of the Board shall notify the President of the Standing Committee and the Bishop of the vacancy and request appointment of a replacement member of the same order as the member to be replaced.
(g) Preserving Impartiality. In any proceeding under this Title, if any member of any panel of the Board at any stage of the process shall become aware of a personal conflict of interest or undue bias, that member shall immediately notify the President of the Board and request a replacement member of the Panel. Respondent’s Counsel 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 subject of the challenge shall promptly consider the motion and determine whether the challenged Panel member shall be disqualified from participating in that proceeding.
(h) President. Within sixty (60) days following the Diocesan Convention, the Board shall convene to elect a President to serve one annual term beginning upon the day of selection until the date the following year that the next President is selected.
(i) Intake Officer. After consultation with the Board, the Bishop shall appoint one or more Intake Officers. The Bishop shall publish the name(s) and contact information of the Intake Officer(s) throughout the Diocese.
(j) Investigator. After consultation with the President of the Board, the Bishop shall appoint one or more Investigator(s). The Investigator may, but need not, be a Member of the Church.
(k) Church Attorney. Within sixty (60) days following each Diocesan Convention, the Bishop, with the advice and consent of the Standing Committee, shall appoint an attorney to serve as Church Attorney for the following calendar year. The person so selected must be a Member of the Church and a duly licensed attorney, but need not reside within the Diocese.
(l) Pastoral Response Coordinator. The Bishop may appoint a Pastoral Response Coordinator, to serve at the will of the Bishop in coordinating the delivery of appropriate pastoral responses provided for in Title IV.8 of the Canons of General Convention. The Pastoral Response Coordinator may be the Intake Officer, but shall not be a person serving in any other appointed or elected capacity under this Title.
(m) Advisors. In each proceeding under this Title, the Bishop shall make available an Advisor for the Complainant and an Advisor for the Respondent. Persons serving as Advisors shall hold no other appointed or elected position provided for under this Title, and shall not include the Chancellor or any Vice Chancellor of this Diocese or any person likely to be called as a witness in the proceeding. No Respondent or Complainant shall be required to accept the services of any Advisor made available by the Bishop. Any Respondent or Complainant may use the services of any Advisor of his or her choice after designating that person as Advisor in writing to the Intake Officer.
(n) Clerk. The Board shall appoint a Board Clerk to assist the Board with records management and administrative support. The Clerk may be a member of the Board.
Section 4. Costs and Expenses.
(a) Costs Incurred by the Church. The reasonable costs and expenses of the Board, the Intake Officer, the Investigator, the Church Attorney, the Board Clerk and the Pastoral Response Coordinator shall be the obligation of the Diocese, subject to budgetary constraints.
(b) Costs Incurred by the Respondent. In the event of a final Order dismissing the complaint, or by provisions of an Accord approved by the Bishop, the reasonable defense fees and costs incurred by the Respondent may be reimbursed by the Diocese, subject to budgetary constraints.
Section 5. Records.
(a) Records of Proceedings. Records of active proceedings before the Board, including the period of any pending appeal, shall be preserved and maintained in the custody of the Clerk, if there be one, otherwise by the Diocesan offices.
(b) Permanent Records. The Bishop shall make provision for the permanent storage of records of all proceedings under this Title at the Diocese and the Archives of The Episcopal Church, as prescribed in Title IV of the Canons of The Episcopal Church.
Title IV: Church Institutions
Canon I: The Episcopal Foundation of The Diocese of East Carolina, Incorporated
Section 1. The Episcopal Foundation of The Diocese of East Carolina, Incorporated, herein called the Foundation, is a diocesan corporation created under the laws of the State of North Carolina for the purpose of holding, managing, and investing property of the Diocese of East Carolina, either temporarily, for a specified or indefinite period of time, or permanently, and for the purpose of providing:
- Funds, the income from which is to be used for the promotion of new work in the Diocese of East Carolina and for the development of the religious, educational, and charitable work of the Protestant Episcopal Church in the Diocese of East Carolina.
- Funds to be used for making loans to parishes, missions, diocesan institutions, and church organizations for capital improvements.
- Funds for capital grants to parishes, missions, diocesan institutions, and church organizations for capital improvements.
Section 2. The Foundation is authorized to receive gifts, devises, and bequests of real and personal property from individuals, contributions or donations from churches, corporations, and organizations, transfers of funds from the Treasurer of the Diocese pursuant to Title I, Canon 5, and transfers of property from the Trustees of the Diocese pursuant to Title I, Canon 12, Section 3. Money or property given by donors to the Foundation without restrictions on disposition or use may be placed in an income fund, a loan fund, a capital grant fund, or an unrestricted fund in the discretion of the Board of Directors of the Foundation. Gifts will be accepted subject to restrictions by donors that only income from gifts may be spent, that the principal may be used only for revolving loans or for capital grants, or that the gifts or the income therefrom may be used only for designated purposes in or for the benefit of the Diocese of East Carolina; provided, however, that the Foundation may decline to accept any gift, bequest, or devise the purpose of which does not conform to the purposes set out in Section 1 of this Canon and the charter of the Foundation, or which would be burdensome or impractical to administer.
Section 3. The operation of the Foundation shall be under the control of its Board of Directors, who shall be elected by the Diocesan Convention as set out in the by-laws of the Foundation. Foundation income available for expenditure for diocesan purposes, after payment of operating expenses of the Foundation, and funds available for loans and grants to churches or other recipients thereof shall be paid to the Treasurer of the Diocese for disbursement.
Section 4. The Board of Directors of the Foundation shall annually make a report to the Diocesan Convention showing the names of the several funds, trusts, or endowments held by it, the sources, dates, and amounts thereof, the terms governing the use of principal and income, the manner in which the funds are invested, the disbursements or payments made during the year, and the purposes for which said disbursements have been made. The Board of Directors of the Foundation shall make a similar report to the Executive Council as often as required by the Executive Council and not less frequently than each six months.
Canon II: The Church Pension Fund
Section 1. In conformity with the legislation adopted by the General Convention of 1913, pursuant to which The Church Pension Fund was duly incorporated, and in conformity with the Canon of the General Convention, “Of the Church Pension Fund,” as heretofore amended and as it may hereafter be amended, the Diocese of East Carolina hereby accepts and acknowledges The Church Pension Fund, a corporation created by Chapter 97 of the Laws of 1914 of the State of New York as subsequently amended, as the authorized and approved pension system for the clergy of the Protestant Episcopal Church in the United States of America and for their dependents, and declares its intention of supporting said Fund in accordance with its Rules.
Section 2. The Bishop of this Diocese shall appoint annually during the opening of Convention a Church Pension Fund Committee to consist of three presbyters and two lay persons, for a term of one year and until their successors shall have been appointed or qualified. The Bishop may from time to time fill by appointment any vacancies in said Committee caused by resignation, death, or inability to act.
Section 3. The duties of said Committee shall be as follows:
(a) To be informed of, and to inform the Clergy and the Laity of this Diocese of the pension system created by the General Convention and committed to it by the Trustees of the Church Pension Fund, in order that the ordained clergy of the Church may be assured of pension protection for themselves in the event of old age or total and permanent disability and for their surviving spouse and surviving minor children, if any, in the event of death.
(b) To receive reports from The Church Pension Fund from time to time on the status of the pension assessments payable to said Fund, under its Rules and as required by Canon Law, by this Diocese and by Parishes, Missions, and other ecclesiastical organizations within the Diocese.
(c) To make an annual report to the Convention of this Diocese on such matters relating to the Church Pension Fund as may be of interest to the said Convention.
(d) To cooperate with the Church Pension Fund in doing all things necessary or advisable in the premises to the end that the Clergy of this Diocese may be assured of the fullest pension protection by said Fund under its established Rules.
Section 4. It shall be the duty of this Diocese and of the Parishes and Missions and other ecclesiastical organizations therein, each through its Treasurer and other proper official, to inform the Church Pension Fund of salaries and other compensation paid to members of the Clergy by said Diocese, Parishes, Missions, and other ecclesiastical organizations for services rendered, currently or in the past, prior to their becoming beneficiaries of said Fund, and changes in such salaries and other compensation as they occur; and to pay promptly to The Church Pension Fund the pension assessments required thereon under the Canons of the General Convention and in accordance with the Rules of said Fund.
Section 5. It shall be the duty of every member of the Clergy canonically resident in or serving in this Diocese to inform The Church Pension Fund promptly of such facts as date of birth, ordination, reception, or marriage, birth of children, deaths and changes in cures or salaries, as may be necessary for its proper administration and to cooperate with said Fund in such other ways as may be necessary in order that said Fund may discharge its obligations in accordance with the intention of the General Convention in respect thereto.
Section 6. It shall be the duty of this Diocese and of the Parishes and Missions and other ecclesiastical institutions and organizations therein, to participate in all medical care, hospitalization, health, accident, and life insurance plans for clergy which are made mandatory on a nation-wide basis for clergy of the Episcopal Church by action of the General Convention, or under its authority, and to pay promptly to The Church Pension Fund the premiums or assessments required to maintain such coverage in accordance with the Rules of the Fund. The Diocesan Convention, or when it is not sitting, the Executive Council, shall make all decisions and take all action to carry out the provisions of this Canon.
Section 7. Lay Pension Plans:
(a) All Parishes, Missions, and other ecclesiastical organizations or bodies subject to the authority of this Diocese, and any other societies, organizations, or bodies in the Church which under the regulations of The Church Pension Fund have elected or shall elect to come into the pension system, shall provide all lay employees who work a minimum of 1,000 hours annually, retirement benefits through participation in the Episcopal Church Lay Employees Retirement Plan (ECLERP) or in an equivalent plan, the provisions of which are at least equal to those of ECLERP. Such participation shall commence no later than January 1, 1993. At its commencement, if the plan is a defined benefit plan, the employer contribution shall be not less than 9 percent of the employee’s salary; if the plan is a defined contribution plan, the employer shall contribute not less than 5 percent and agree to “match” employee contributions of up to another 4 percent.
(b) The employer may impose a minimum age of 21 years and a minimum employment period not to exceed one year of continuous employment before an employee would be eligible to participate.
(c) The Trustees of The Church Pension Fund shall have authority to increase or decrease the contribution percentages as required for the lay pension plan.
Canon III: Trinity Center
Section 1. There shall be a Board of Managers of Trinity Center consisting of twelve persons, clergy and lay, elected by the Convention on the nomination of the Bishop, for three-year terms, provided that the terms of the initial members elected by Convention on nomination of the Bishop shall be four members elected for a one-year term, four members elected for a two-year term, and four members elected for a three-year term. The Bishop shall be ex officio Chair of the Board of Managers.
Section 2. The function of the Board of Managers is to oversee the operation and management of Trinity Center, including, but not limited to, the employment of a Director, formulating and administering an annual budget, performing an annual audit, establishing rules and regulations for sound and efficient management, and performing such other duties as may be attendant thereto or directed by Convention.
Section 3. Any vacancy occurring on the Board of Managers may be filled by the Bishop until the next Convention, when a new member shall be elected upon nomination by the Bishop for the completion of the unexpired term.
Section 4. The Board of Managers shall make an annual report to Convention.
Canon IV: Commission on Planning, Design and Construction
Reserved for future use.
Canon V: Trustees of the University of the South
Section 1. The Convention in the Diocese of East Carolina shall elect one presbyter and two lay communicants to serve for a term of three (3) years as Trustees of the University of the South, which terms shall be staggered.
Section 2. Trustees so elected 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 May 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 the 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 3. In the event a Trustee becomes unwilling or unable to serve, the Bishop of this Diocese shall nominate a qualified communicant to complete the remainder of the term.
Title V: Amendment; Effective Date; Repealer
Canon I: Amendment of Canons
Section 1. Amendments to the Canons shall be made in accordance with Article XV of the Constitution, and shall take effect upon their passage, unless otherwise ordered by the Convention.
Section 2. The Chair of the Committee on Constitution and Canons, together with the Chancellor and the Secretary of Convention, or the designees of each of them, shall review all changes made to the Constitution and Canons within 120 days after the Convention adjourns. This subcommittee shall be known as the Editing Subcommittee and shall have the power to correct references made in any Canon to another, to renumber and determine the proper arrangement of the Constitution and Canons, and make minor grammatical or editorial corrections that do not alter or change the substantive meaning or purpose of the enacted amendment, which changes shall then be certified by the Executive Council. The Secretary of Convention shall publish the certified changes.
Section 3. (a) If a Canon, a Section of a Canon, or a Clause of a Section of a Canon is to be amended or added, the enactment shall be in substantially one of the following forms:
(i) “Canon (cited as provided in Title V, Canon 4) is hereby amended by adding a Section (or Clause) reading as follows: (here insert the text of the amendment or addition);” or
(ii) “Canon (cited as provided in Title V, Canon 4) is hereby amended by adding Section (or Clause) reading as follows: (here insert the text of the new Section or Clause).”
(b) If amendments are to be made at one meeting of the Annual Convention to more than one-half of the Canons in a single Title of the Canons, the enactment may be in the following form: “Title (number) of the Canons is hereby amended to read as follows: (here insert the new wording of all Canons in the Title whether or not the individual Canon is amended).”
(c) In the event of insertion of a new Canon, or a new Section or Clause in a Canon, or of the repeal of an existing Canon, or of a Section or Clause, the numbering of the Canons, or of a division of a Canon, which follows shall be changed accordingly without the necessity of enacting an amendment or amendments to that effect.
Canon II: Effective Date of Canons
Section 1. These canons shall become effective upon ratification by the Convention of the Diocese of East Carolina, and all subsequent canons and amendments ratified by the Convention of the Diocese shall take effect immediately upon adjournment unless otherwise specified in the newly adopted canon or amendment.
Section 2. Additional canons enacted by the Convention of the Diocese shall be grouped under the appropriate title, and numbered consecutively within the separate titles of the canons.
Canon III: Official Copies of Constitution and Canons
Section 1. There shall be provided by the Secretary of the Convention three official copies of the Constitution, Canons, and Rules of Order as they now exist, each certified by the Secretary that it is a correct copy.
Section 2. One copy shall be delivered to the Bishop of the Diocese, one kept by the Secretary of the Diocese, and one delivered to the Chancellor of the Diocese.
Section 3. As changes are made from time to time, certified copies of said changes shall be furnished by the Secretary to each of these officials to ensure that there are always three sets of these documents preserved for the use of the officials of the Diocese.
Canon IV: Citation of Canons
All references to the Canons of the Diocese of East Carolina shall refer to Title, Canon, and Section and Clause number, if any, in the following form: the Title, the Canon, the Section, and the Clause, in each case separated by a period.
Canon V: Repealer of Prior Canons
All former canons of the Diocese of East Carolina, not specifically incorporated in these revised canons, are hereby repealed. Ratified in Convention and effective, February 13, 1993.