Constitution and Canons
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.