Canons
CANON 1 - MEMBERS OF CONVENTION
SECTION 1. PRIESTS AND BISHOPS.
(a) The following Priests and Bishops shall be members of the Convention
and shall be accorded seat, voice and vote:
(1) The Bishop, the Bishop Coadjutor, and the Bishop(s) Suffragan, and
the Assistant Bishop(s), if there is one or more; and
(2) Each Priest canonically resident in the Diocese and in good
standing, and all Priests or Pastors of churches in full communion who are providing extended service as rectors, vicars or assistants to congregations of this Diocese with the approval of the Bishop; and
(3) Retired or resigned Bishops of the Episcopal Church shall be
accorded seat, voice, and in some instances vote, as provided by the
National Canons.
SECTION 2. DEACONS.
(a) All Deacons who are canonically resident and in good standing shall be
afforded seat, voice and vote at the convention.
SECTION 3: CLERGY LIST.
(a) The list of Clergy entitled to seat voice and vote, and a list of
Clergy entitled to seat and voice, shall be prepared by the Bishop and the
Diocesan Executive Council, and shall be available at Convention.
SECTION 4. LAY MEMBERS OF THE CONVENTION.
(a) The Lay members of the Convention who are accorded seat, voice and
vote shall be from each organized congregation of the Diocese. There shall
be two delegates from each Mission, and four delegates from each Parish.
Each parish with more than 1,000 confirmed communicants in good standing
shall have an additional two delegates, and each parish with more than 2,000
confirmed communicants in good standing shall have an additional four
delegates, but no parish shall have more than eight Lay delegates. Lay
delegates from any congregation with greater than four delegates which has
failed to pay its total requested Episcopal Pledge for the preceding fiscal
year shall not be entitled to greater than four votes at Convention.
(b) Delegates shall be confirmed communicants in good standing and members
of the congregation from which elected.
(c) Delegates to Annual or Special Conventions shall be chosen in such
manner as the Mission or Parish By-Laws or the Canons of the Diocese may
prescribe.
(d) Lay members of the Diocesan Executive Council are accorded seat, voice
and vote at Convention.
(e) Lay Deputies to General Convention.
(f) Two (2) Youth Deputies from each convocation, who are
confirmed communicants in good standing and members of the convocation from
which they are elected. The election for a one (1) year term would be held
at the first convocation meeting in a calendar year.
(g) Such other Lay persons as may be nominated by the Bishop and approved
by the Diocesan Executive Council may be accorded seat and voice but not
vote at Convention.
(h) Delegates, their alternates, and other Lay members entitled to seat,
voice, and vote, shall present signed credentials to participate in the
Convention, according to the Canons. No Delegate shall represent more than
one Parish or Mission in the Convention. The list of Lay members entitled to
seat voice and vote, shall be prepared by the Secretary of Convention, and
shall be available at Convention, and thereafter the names of the Lay
members may be called therefrom, and the same shall be taken as presumptive
evidence of their privilege in the Convention; provided that if a question
is made, the right of any Delegate shall be determined according to the
provisions of the Canons by the Convention itself.
CANON 2 - CONVENING CONVENTION
SECTION 1. ANNUAL CONVENTION.
(a) A Diocesan Convention shall be held annually, at such time and place
as shall have been determined upon by the preceding Convention, or upon
failure of the Convention to so determine, at such time and place as the
Ecclesiastical Authority shall appoint.
SECTION 2. SPECIAL CONVENTION.
(a) The Ecclesiastical Authority of the Diocese shall have power to call a
special Convention, and such meeting shall be held when and where the
Ecclesiastical Authority calling it shall determine, and at such meeting no
other business shall be transacted than that specified in the notice calling
the meeting. Lay Delegates from the Parishes and organized Missions in union
with the Convention shall be selected by said Parishes and organized
Missions.
SECTION 3. CHANGE IN TIME AND PLACE OF CONVENTION. (a) For
sufficient cause such as disease, epidemic or other major catastrophe, the
Ecclesiastical Authority upon consultation with the Diocesan Executive
Council may change time or place for the meeting of any Convention, and
shall designate another time or place for the meeting.
CANON 3 - ORGANIZATION AND ADMINISTRATION OF CONVENTION
SECTION 1. CALLING AND ORGANIZATION OF CONVENTION.
(a) Notice of the meeting of any Convention shall be given by the
Secretary in a letter transmitted by mail, to all Clergy, and to every
Parish and Mission in the Diocese in union with the Convention. These
letters shall contain a notice of the time and place of the Convention and,
if it is a special Convention called as provided in the Canons for a
particular purpose, the letters shall specify that purpose. The letters to
Rectors, Vicars, or Priests-in-Charge responsible for the administration of
a parish or mission shall also contain the form of parochial reports and the
form of certificate for Delegates, and such extracts from the Constitution,
Canons and Standing Resolutions as relate to the election of Delegates. The
form of certificate for Delegates shall be filed with the Secretary of the
Convention not later than six months prior to the Annual Convention date, or
thirty days prior to a Special Convention date.
(b) The Convention shall be preceded by such services as the
Ecclesiastical Authority may direct, and if the Ecclesiastical Authority
desires a sermon preached by someone else the Ecclesiastical Authority shall
appoint the preacher.
(c) Each Parish or Mission shall send its annual Parochial Report to the
Secretary of the Diocese not later than the date required by the Diocesan
Executive Council, and failure to do so shall preclude such Parish or
Congregation, both as to Clergy and to Laity, from representation in said
Convention; provided that representation may be extended to such Parish or
Congregation failing to comply upon a two-thirds vote of the Convention. The
Clerical and Lay Delegates from any Parish or Congregation which has been
precluded, under these Canons, from representation in the Convention shall
not be denied seat, voice and vote in the election of a Bishop, Bishop
Coadjutor or Suffragan Bishop.
(d) It shall be the duty of the Secretary of the Convention of this
Diocese to forward to the Secretary of the House of Deputies immediately
upon publication the Journal of the Convention of the Diocese, together with
Episcopal charges, statements and such other papers as may show the state of
the Church in the Diocese. It shall also be the Secretary's duty to prepare,
immediately after the adjournment of the Diocesan Convention next preceding
the regular meeting of every General Convention, and forward forthwith to
the Secretary of the House of Deputies upon the blank provided for that
purpose, a condensed summary of the statistics contained in the Parochial
Reports and the Ecclesiastical Authority's statement, with information as to
all institutions in any way connected with the Church within the Diocese,
and also as to the condition of all invested funds and the amount of all
contributions received and expended by the Ecclesiastical Authority, or
otherwise within the Diocese.
(e) The Diocese shall operate on a calendar year basis.
(f) All reports shall be in the form of a schedule, prepared by the
Secretary, in accordance with the provisions of this Canon. And the failure
of any person to make out a Parochial Report according to this form shall be
deemed sufficient cause for the exclusion of such report from the pages of
the Journal.
CANON 4 - NOMINATING, DELIBERATING, AND VOTING IN CONVENTION
SECTION 1. DELIBERATING AND VOTING
(a) On all questions, unless otherwise provided by the Constitution and
Canons, the members shall deliberate and vote as one body; except that three
Clergy entitled to vote or a majority of the Lay Delegates from one Parish
or two Missions may call for a vote by orders in which case a concurrent
majority of the two orders shall be necessary to a decision.
(b) A vote of not less than a two-thirds majority of Lay and Clergy voting
at convention shall be required to adopt the budget and Episcopal Pledge.
(c) In the election of a Bishop, Bishop Coadjutor, or Bishop Suffragan,
the vote shall be by secret ballot, and by orders. The vote of each Lay
Delegate, of each elected Lay officer of the Diocese entitled to vote and of
each Clerical member of the Convention entitled to vote shall be counted as
one vote. A concurrent majority of the two orders shall be necessary to
elect. Nominations of any qualified Clergy may be made at any time during
the balloting from the floor by process of writing in such name on a ballot.
In such an election two-thirds of all Clergy entitled to vote and Lay
representation from two-thirds of the congregations entitled to
representation shall be present.
CANON 5 - DEPUTIES TO GENERAL CONVENTION AND PROVINCIAL SYNOD
SECTION 1. ELECTION
(a) Four Clergy and four confirmed Lay adult communicants in
good standing shall be elected by ballot as Deputies of this Diocese and
four of each order shall be elected as Alternates to the General Convention in a manner consistent with the Canons of the Episcopal Church. The four of each order receiving the majority of votes cast shall be
considered duly elected Deputies; the four of each order receiving the next
highest number of votes shall be considered Alternates in order of their
votes and considered duly elected. Such Deputies and Alternates shall serve
until their successors are elected.
(b) If any of those elected decline election, or are unable to attend,
that person shall inform the Ecclesiastical Authority, and the
Ecclesiastical Authority shall submit to the General Convention one of the
Alternates in the order of election. If none of the Alternates elected shall
accept such appointment, the Ecclesiastical Authority may appoint a Deputy
of like qualifications as the Deputy who resigned.
(c) Clerical and Lay Deputies to the Provincial Synod shall be in such
numbers as the Bishop and the Diocesan Executive Council shall determine. In
the absence of a Bishop the Diocesan Executive Council shall appoint such
Clerical and Lay Deputies.
CANON 1 - ASSISTANT BISHOP
SECTION 1. When in the opinion of the Bishop of the Diocese,
additional episcopal services are required, the Bishop may, with the consent
of the Diocesan Executive Council, in lieu of requesting the election of a
Coadjutor or Suffragan Bishop, ask the Diocesan Convention to approve the
creation of the position of Assistant Bishop, and to authorize the Bishop to
appoint a Bishop to such position, with the consent of the Diocesan
Executive Council, and under such conditions as the Bishop may determine.
SECTION 2. An Assistant Bishop so appointed shall serve at the
discretion of, and be under the control and direction of, the Bishop having
jurisdiction, and shall not serve beyond the termination of the jurisdiction
of the appointing Bishop or after attaining the age of seventy-two years.
CANON 2 - CHANCELLOR
SECTION 1. The Chancellor and Vice-Chancellor shall be nominated
by the Bishop from among the confirmed communicants in good standing. They
shall be members of the South Carolina Bar, and licensed to practice law in
the State of South Carolina, and shall be elected by the Convention. Each
shall serve for three years, or until a successor is elected. Their duties
shall be to act as the legal advisers to the Bishop.
CANON 3 - REGISTRAR
SECTION 1. The Registrar shall be appointed by the Bishop to serve
for three years, or until a successor is appointed. It shall be the duty of
the Registrar to collect and take charge of all documents and papers
pertaining to the history of the Church in this Diocese or in any one of the
Congregations. It shall also be the duty of the Registrar to collect and
keep for reference a set of Journals of the Diocese, and of the General
Convention, and to report annually to the Diocesan Convention.
CANON 4 - SECRETARY
SECTION 1. The Secretary shall be elected at each Annual
Convention and shall continue in office until a successor is elected and
shall have such duties as are prescribed from time to time by the
Constitution, Canons, Resolutions and Rules of Order of the Convention, and
the Constitution, Canons, Resolutions and Rules of Order of the General
Convention.
SECTION 2. It shall be the duty of the Secretary to keep a correct
Journal of the proceedings of the Convention, to attest its public acts,
preserve its records, and to deliver to a successor all books and papers
belonging to it, or appertaining to its business.
SECTION 3. The Secretary shall also give notice, at least six
weeks beforehand, to all Clergy canonically resident in the Diocese and each
Vestry or Mission Committee, of the time and place of any stated or special
meeting of the Convention.
SECTION 4. The Secretary shall transmit to the Secretary of the
General Convention a certified list of the Clerical and Lay Deputies elected
by this Diocese to the General Convention, together with all other documents
required of the Canons and Regulations of that body and shall perform all
other duties required of that body and shall perform all other duties
required of the Secretary by said Canons and Regulations.
SECTION 5. Whenever there is a vacancy in the Office of the
Secretary, its duties shall devolve upon the Secretary of the Diocesan
Executive Council.
CANON 5 - TREASURER
SECTION 1. The Treasurer shall be elected at each Annual
Convention upon nomination by the Bishop with the consent of the Diocesan
Executive Council. The duties of the Treasurer shall be as prescribed by the
Canons, and the Treasurer shall continue in office until a successor is
elected and qualified.
SECTION 2. It shall be the Treasurer's duty to collect and
disburse all monies collected under the authority of the Convention, and of
which the collection and distribution is not otherwise regulated. The
Treasurer shall keep regular accounts of all transactions to be annually
laid before the Convention, and shall faithfully deliver into the hands of a
successor all books, papers and funds relative or belonging to the
Convention, which may be the Treasurer's charge.
SECTION 3. The Treasurer of the Diocese shall forward to the
Treasurer of General Convention those funds required of this Diocese toward
defraying the expenses of that body.
SECTION 4. Whenever there is a vacancy in the office of the
Treasurer, the Bishop with the consent of the Diocesan Executive Council
shall appoint a Treasurer to serve until the Convention shall elect a
successor.
CANON 6 - DEATH, DISABILITY, OR RESIGNATION
SECTION 1. In the event of the death, disability or resignation of
any officer of the Diocese, the Bishop with the consent of the Diocesan
Executive Council shall have the right to appoint a successor as interim,
except as otherwise provided herein.
CANON 1 - MEMBERSHIP AND OFFICERS
SECTION 1. The Diocesan Executive Council shall consist of
eighteen members elected by the Diocesan Convention to include nine Clergy
canonically resident in the Diocese and nine Lay confirmed communicants in
good standing in the Diocese. The Bishop, Chancellor, and the Treasurer
shall serve ex-officio with seat and voice, but no vote. Ex-officio members
shall have no seat, voice, or vote when the Diocesan Executive Council is
acting as a Standing Committee in the performance of its responsibilities as
required by the Constitution and Canons of the Episcopal Church.
SECTION 2. The Diocesan Executive Council members shall serve
staggered three year terms. A member who has served a full three year term
shall be ineligible for re-election for two years following the expiration
of that member's term of office. Unexpired terms created by vacancies
occurring between Diocesan Conventions may be filled by a majority vote of
the remaining Diocesan Executive Council members, subject to maintaining an
equal numerical balance between Clergy and Lay members.
SECTION 3. The Diocesan Executive Council shall elect its own
officers and define their duties. Its Presiding Officer shall be designated
President and shall serve a term of one year and shall be eligible for
reelection for another one year term. The Presidency shall rotate between a
Clergy and a Lay member.
CANON 2 - RESPONSIBILITIES
The Diocesan Executive Council shall:
SECTION 1. Act as the Standing Committee of the Diocese in
accordance with the requirements of the Constitution and Canons of the
Episcopal Church, the Constitution of this Diocese, and these Canons.
SECTION 2. Act as a Council of Advice to the Bishop.
SECTION 3. Function as an interim legislative authority of
Convention, performing such specific functions as are delegated to it by the
Convention, the Constitution, and these Canons. Such duties shall include
administering the budget and financial resources of the Diocese as described
within the Statement of Mission and Ministry below.
SECTION 4. Act as a Long Range Planning Committee for the Diocese
and be responsible for the creation of a rolling five year strategic plan.
The plan shall be updated annually with input from the Convocations, Diocesan
officers, commissions, and individual parishioners, and said plan shall be
presented to and approved annually by the Diocesan Convention.
SECTION 5. Establish a Department of Finance in accordance with
the Constitution and Canons of the Episcopal Church, the Diocesan
Constitution, and these Canons.
SECTION 6. Establish a Commission on Ministry in accordance with
the Constitution and Canons of the Episcopal Church, the Diocesan
Constitution, and these Canons. The Commission members shall serve a three
year term, and the term of one-third of the membership shall end each year.
The Commission shall consist of Clergy and Lay persons and shall perform its
duties in such manner as may be prescribed by the Constitution and Canons of
The Episcopal Church, and as further prescribed by the Constitution and
Canons of this Diocese, and by the By-Laws of the Diocesan Executive
Council.
SECTION 7. Establish an Ecclesiastical Trial Court in accordance
with the Constitution and Canons of The Episcopal Church, the Diocesan
Constitution, and these Canons.
SECTION 8. Establish such Leadership and Program Groups, in
consultation with the Bishop, as shall be desirable from time to time. The
Diocesan Executive Council shall also promulgate guidelines which shall
regulate the operation of all Leadership and Program Groups. Each Leadership
and Program Group shall have a three year cycle of membership, and the term
of one-third of the membership shall end each year. The membership shall be
appointed by the Bishop, in consultation with the Diocesan Executive
Council. The Bishop may, in his discretion, appoint Diocesan Officers and
charge such officers with responsibility for specific tasks which can be
handled expeditiously by one person rather than a Leadership and Program
group.
SECTION 9. Establish a Nominations Committee, approved by the
Diocesan Convention, whose task it will be to obtain nominations for the
various Diocesan offices, including vacancies on the Diocesan Executive
Council. Such nominations shall be obtained from Parishes, Missions,
Convocations, other Diocesan agencies, and individuals as the Nominating
Committee deems appropriate.
SECTION 10. Carry out such other duties as may be assigned by the
Diocesan Convention or required by the Constitution and Canons of The
Episcopal Church and the laws of the State of South Carolina.
SECTION 11. Create its own By-Laws to carry out the provisions
herein.
CANON 3 - RECORDS
SECTION 1. The Diocesan Executive Council shall keep records of
its proceedings and shall provide an annual report of its activities to the
Diocesan Convention, except (a) such activities as pertain to the exercise
of its responsibility as a Council of Advice to the Bishop, or (b) other
confidential matters pertaining to the business and operation of the
Ecclesiastical Trial Court.
CANON 4 - MEETINGS
SECTION 1. The Diocesan Executive Council shall hold regular
meetings, not less than four times each year, at such time and place as it
may select, and at such other times as it may be called into session by the
President, by the Bishop, or by any three of its members.
CANON 5 - QUORUM
SECTION 1. A majority of the Diocesan Executive Council members,
exclusive of ex-officio members, shall constitute a quorum, but a majority
of the total voting members of the Diocesan Executive Council must vote in
favor of any action taken.
CANON 6 - ORGANIZATION
SECTION 1. The Diocesan Executive Council shall be organized into
the following disciplines or aepartments: (i) Mission and Ministry; (ii)
Christian Formation; (iii) Finance and Administration; and (iv) the work of
the Standing Committee and Ecclesiastical Trial Court as required by the
Constitution and Canons of The Episcopal Church, and further in accordance
with the Constitution and Canons of the Diocese. The President, with the
consent of the Council, shall make appointments of the members to said
disciplines or departments as may be necessary and appropriate to fulfill
the various duties and responsibilities of the Standing Committee (Diocesan
Executive Council); provided each discipline or department shall have at
least two members.
CANON 1 - STATEMENT OF MISSION AND MINISTRY
SECTION 1. PROCEDURES FOR DEVELOPMENT.
(a) To assure orderly development of the Leadership and Program of the
Diocese in furtherance of its Mission and Ministry, the Diocesan Executive
Council shall request submission of proposed budgets based on the mission
statement by the Bishop for all personnel, program, and financial needs of
the Diocese. The Diocesan Executive Council shall then prepare a preliminary
budget which shall be submitted with the proposed Episcopal Pledges to
congregations and to Convocations for comments and recommendations.
(b) After sufficient time has been made for comment and recommendations,
the final budget shall be completed by the Diocesan Executive Council and
presented to the Diocesan Convention for approval along with a statement of
mission by the Bishop. This budget shall include the total funds flow of the
Diocese, a balance sheet statement of all assets and liabilities under the
control of the Diocese, and a summary of actual expenditures and receipts
for the current budget year.
(c) In conjunction with the submission of the budget to the Diocesan
Convention, the Diocesan Executive Council shall submit a rolling five year
strategic plan of all of the needs of all Leadership and Program of the
Diocese to assist in development of Mission and Ministry for the future.
SECTION 2. DIVISION AND JUSTIFICATION.
(a) Episcopate and Support Staff: The Episcopate and Support Staff shall
include the Bishop, his staff, and the operation of the Diocesan House. The
Bishop shall provide the Diocesan Executive Council with a detailed listing
of personnel and associated expenses, and a staffing and organizational plan
to accomplish the mission of the office of the Bishop, justifying in detail
additional or changed staff positions.
(b) Institutions Not Directly Controlled by the Diocese: Each Institution
not directly controlled by the Diocese shall provide the Diocesan Executive
Council with a statement of needs for the funds it has requested from the
Diocese, together with a Report of the Institution which describes the
accomplishments of the Institution which have been made as a result of the
funds provided by the Diocese within the previous budget year. Such Report
of the Institution shall contain a statement of how the Mission and Ministry
of the Institution is consistent with the Mission and Ministry of the
Diocese.
(c) Leadership and Program: Leadership and Program shall include all
programs and missions supported directly by the Diocese whose affairs are
under the direct control of the Diocese. Each annual budget request by
Leadership and Program shall be considered a new request not related to any
previous budget. Each such request shall provide a statement which
describes:
(1) How, why, and when the program was established, and how it furthers
the Mission and Ministry of the Diocese.
(2) The accomplishments of the program which have been made as a result
of the funds provided by the Diocese within the previous budget year.
(3) An explanation of the goals of the program for the budget year which
justifies to the Diocesan Convention the continuation of the program at the
Diocesan level, and why such goals cannot be accomplished at the Convocation
level, the congregational level, or by other reasonable means.
(4) If the budget request involves paid staff or paid services, such
request shall include a statement that the program is unable to make such
services available on a voluntary basis.
(5) Such other information as may be required from time to time by the
Diocesan Executive Council.
CANON 2 - BUSINESS METHODS IN CHURCH AFFAIRS
SECTION 1. The Diocese of Upper South Carolina and its Parishes,
Missions and Institutions shall observe the following standard business
methods:
(a) Funds held in trust, endowment and other permanent funds, and
securities represented by physical evidence of ownership or indebtedness,
shall be deposited with such body as may be approved in writing by the
Diocesan Executive Council, under a deed of trust, agency or other
depository agreement providing for at least two signatures on any order of
withdrawal of such funds or securities. This paragraph shall not be deemed
to prohibit investments in securities issued in book entry form or other
manner that dispenses with the delivery of a certificate evidencing the
ownership of the securities or the indebtedness of the issuer.
(b) Records shall be made and kept of all trust and permanent funds
showing at least the following:
(1) Source and date.
(2) Terms governing the use of principal and income.
(3) To whom and how often reports of condition are to be made.
(4) How the funds are invested.
(c) Treasurers and custodians, other than banking institutions, shall be
adequately bonded; with the exception of treasurers of funds that do not
exceed 500 dollars at any one time during the fiscal year.
(d) Books of account shall be so kept as to provide the basis for
satisfactory accounting.
(e) All accounts of the Diocese shall be audited annually by an
independent Certified Public Accountant. All accounts of Parishes, Missions
or other institutions shall be audited annually by an independent Certified
Public Accountant, or independent Licensed Public Accountant, or such audit
committee as shall be authorized by the Diocesan Executive Council. All
reports of such audits, including any memorandum issued by the auditors or
audit committee regarding internal controls or other accounting matters,
together with a summary of action taken or proposed to be taken to correct
deficiencies or implement recommendations contained in any such memorandum,
shall be filed with the Ecclesiastical Authority not later than thirty days
following the date of such report, and in no event, not later that September
1 of each year, covering the financial reports of the previous calendar
year, and failure to do so shall preclude such Parish or Congregation, both
as to Clergy and to Laity, from representation in said Diocesan Convention;
provided that representation may be extended to such Parish or Congregation
failing to comply upon a two-thirds vote of the Convention.
(f) All buildings and their contents shall be kept adequately insured by
the Vestry, Mission Committee or other governing body having ownership or
supervision of the property.
(g) The Diocesan Executive Council may require copies of any or all
accounts described in this SECTION to be filed with it and shall report
annually to the Convention of the Diocese upon its administration of this
canon.
(h) The fiscal year shall begin January 1.
SECTION 2. No Vestry, Trustee, or other Body, authorized by Civil
or Canon law to hold, manage, or administer real property for any Parish,
Mission, Congregation, or Institution, shall encumber or alienate the same
or any part thereof without the written consent of the Bishop and Diocesan
Executive Council, except under such regulations as may be prescribed by
Canons of the Diocese; provided however, that no such consent shall be
required with respect to:
(a) Any Institution not wholly controlled by this Diocese.
(b) The refinancing of the current balance of an existing loan.
(c) A short term loan (a loan to be repaid, within twelve months of its
date) from a lending institution made for the purpose of funding current
operating expenses and which loan is not secured by a mortgage on real
estate.
(d) The alienation of real estate conveyed as a gift if the alienation is
made within twelve months of the receipt of the gift.
(e) A loan approved and made by the Diocesan Executive Council which loan
is not secured by mortgage on real estate.
SECTION 3. All real and personal property held by or for the
benefit of any Parish, Mission or Congregation is held in trust for this
Church and the Diocese of Upper South Carolina. The existence of this trust,
however, shall in no way limit the power and authority of the Parish,
Mission or Congregation otherwise existing over such property so long as the
particular Parish, Mission or Congregation remains a part of, and subject
to, this Church and its Constitution and Canons.
CANON 3 - PENSION FUND
SECTION 1. In conformity with the legislation adopted by the
General Convention setting forth the principles upon which a pension system
for the Clergy of the Church and their dependents should be constructed
pursuant to which the corporation, the Church Pension Fund, has been created
to carry these principles into effect, the Diocese of Upper South Carolina
adopts the system of the Church Pension Fund.
SECTION 2. The Treasurer of the Diocese shall remit all premiums
payable on behalf of the Bishop, and also on the Bishop Coadjutor, Bishop
Suffragan, and Assistant Bishop, if there be such, and Diocesan Clergy
staff, to the Treasurer of the Church Pension Fund.
SECTION 3. The Treasurer of each Parish shall remit directly to
the Treasurer of the Church Pension Fund the amount due upon the annual
premiums of the Rector, Vicar, or any other stipendiary Clergy of the
Parish. The Treasurer of each Mission shall remit direct to the Treasurer of
the Church Pension Fund the amount due on the annual premiums on that part
of the stipend of the Clergy paid by the Mission.
SECTION 4. It shall be the duty of all Clergy, aforesaid receiving
a stipend or stipends, and the duty of every Parish, Mission, or
organization as aforesaid paying a stipend or stipends to furnish a
statement of such stipend or stipends, and of every change in the amount
thereof as soon as such change shall occur, to the Treasurer of the Church
Pension Fund.
CANON 1 - JURISDICTION
SECTION 1. All proceedings in this Diocese for canonical
discipline of members of the clergy shall be governed by Title IV of the
Canons of the General Convention as supplemented by this Title.
CANON 2 - ECCLESIASTICAL TRIAL COURT
SECTION 1. There shall be an Ecclesiastical Trial Court for THE
DIOCESE OF UPPER SOUTH CAROLINA to try such charges as may be preferred
against any member of the Clergy canonically resident in this Diocese. It
shall be comprised of four members of the Clergy canonically resident in
this Diocese and three confirmed adult Lay communicants in good standing who
are members entitled to vote in congregations of this Diocese. Clergy and
Lay members shall not be members of the Diocesan Executive Council, and
shall be elected at the Annual Convention of this Diocese according to
SECTION 2 below. The Ecclesiastical Trial Court may make, by majority vote,
such rules as may be necessary for the orderly conduct of its business,
consistent with Canon Law.
SECTION 2. ELECTION OF MEMBERS.
(a) Election of Clergy members. At the first Annual Convention after
January 1, 1996 there shall be elected one Clergy member for a term of four
years, one Clergy member for a term of three years, one Clergy member for a
term of two years, and one Clergy member for a term of one year. Thereafter,
at each Annual Convention, one Clergy member shall be elected for a term of
four years.
(b) Election of Lay members. At the first Annual Convention after January
1, 1996 there shall be elected one Lay member for a term of three years, one
Lay member for a term of two years, and one Lay member for a term of one
year. Thereafter, at each Annual Convention, one Lay member shall be elected
for a term of three years.
(c) Vacancies. The Diocesan Executive Council may fill vacancies on the
Court, other than for cause in the conduct of a presentment, occurring in
the interval between Conventions; however, any member of the Court appointed
by the Diocesan Executive Council shall serve only until the next Annual
Convention at which time the Convention shall elect a member to serve the
unexpired term.
SECTION 3. PRESIDING JUDGE. Within two months following the Annual
Convention the members shall elect from among themselves by majority vote
one person to serve as Presiding Judge for a one year term. The Presiding
Judge shall preside at all meetings of Ecclesiastical Trial Court, and shall
be responsible for the conduct of the administration and business of the
Ecclesiastical Trial Court.
SECTION 4. Challenge as to members of the Ecclesiastical Trial
Court. When a presentment is made, the Diocesan Executive Council shall
promptly transmit a copy of it to each member of the Court and serve a copy
upon the accused.
(a) Voluntary Recusal. Any member of the Court who is a party to or is
personally interested in a particular case shall recuse himself or herself
within five days after the Court's receipt of the presentment by notifying
the Presiding Judge, or all other members of the Court in the case of
voluntary recusal of the Presiding Judge. In the event these recusals result
in less than three Clerical and two Lay members of the Court remaining as
members, the remaining members who have not recused themselves shall appoint
by majority vote another person of the same order to serve as a temporary
member of the Court in place of the recused members. If the Presiding Judge
has recused himself, the Court, after appointment of temporary members,
shall appoint a Temporary Presiding Judge.
(b) Challenge for Cause. After due opportunity for recusal has been given
the members of the Court, and, if necessary, additional appointments have
been made, the Presiding Judge shall serve on the accused and the Church
Attorney a list of the names of the members of the Ecclesiastical Trial
Court as constituted after recusal and temporary appointment. The parties
shall, within thirty days after service of the list, notify the Presiding
Judge in writing of any challenge to a member or members of the Court for
cause. The Court shall determine the merits of challenges for cause by
majority vote. The member challenged shall not be allowed to vote on his own
qualification or exclusion. In the event members disqualified for cause
result in less than three Clerical and two Lay members of the Court
remaining as members, the remaining members who have not been disqualified
for cause shall fill such vacancies by appointing by majority vote a person
of the same order to serve as a temporary member of the Court in place of
any disqualified member removed for cause. If the Presiding Judge has been
disqualified for cause, the Court, after appointment of temporary members,
shall appoint a Temporary Presiding Judge.
(c) Selection of the Hearing Panel. After recusal, disqualification, and
appointment of temporary members, three Clerical and two Lay members of the
Court shall be selected by lot, and they shall constitute the Hearing Panel
for the trial of the accused. The Hearing Panel, as originally constituted,
shall retain jurisdiction over the trial of the accused until issuance of a
final non-appealable order by a Court of Competent Jurisdiction, at which
time the members of the Hearing Panel shall be dismissed. The Hearing Panel
shall initially meet at such time and place as it shall determine, and shall
have the authority to adjourn from time to time and from place to place
within the Diocese, as it shall determine necessary by majority vote. If the
Presiding Judge is a member of the Hearing Panel, he shall be the Chief
Judge of the Hearing Panel. If the Presiding Judge is not a member of the
Hearing Panel, then upon its initial meeting, the Hearing Panel shall select
one of its members Chief Judge of the Hearing Panel and one Secretary of the
Hearing Panel. The Chief Judge shall preside at all meetings of the Hearing
Panel, and shall be responsible for the conduct of the administration and
business of the Hearing Panel. The Hearing Panel shall then appoint a Clerk
and such assistant clerks and officers as it shall determine necessary for
the conduct of the business of the Hearing Panel, all of whom shall be duly
sworn by the Chief Judge of the Hearing Panel to well and truly perform the
duties of their respective offices. The Hearing Panel may also make, by
majority vote, such rules as may be necessary for the orderly trial of the
case, consistent with Canon Law and the rules of the Ecclesiastical Trial
Court.
(d) After selection of the Hearing Panel for a presentment, all temporary
members of the Ecclesiastical Trial Court who have not become members of the
Hearing Panel shall be dismissed, and the Ecclesiastical Trial Court shall
be comprised of its duly elected or appointed members as constituted prior
to commencement of the presentment.
SECTION 5. NOTICE OF THE FIRST MEETING OF THE HEARING PANEL. A
written notice of the time and place of the first meeting of the Hearing
Panel shall be served at least thirty days before that meeting on the
accused and on the Church Attorney. This period may be shortened with the
prior written consent of the accused and the Church Attorney.
CANON 3 - DIOCESAN REVIEW COMMITTEE
SECTION 1. The Diocesan Review Committee shall be comprised of
five members appointed by the Bishop with the consent of the Diocesan
Executive Council. Of the five members of the Committee, three shall be
clergy and two lay. Terms of members shall be three years with all members
eligible to be reappointed to a second three year term. The members of the
Committee shall elect a President from among their number each year. In
cases where members recuse themselves from consideration of particular
matters, the Bishop may appoint acting members to serve for consideration of
that matter with consent of the Diocesan Executive Council. Acting members
shall be the same order as the recused member they replace.
CANON 4 - CHURCH ATTORNEY AND LAY ASSESSORS
SECTION 1. CHURCH ATTORNEY AND LAY ASSESSORS. The members of the
Ecclesiastical Trial Court shall elect by majrotiy vote at least one but no
more than three Lay Assessors and the members of the Diocesan Review
Committee shall by majority vote select a Church Attorney. The Church
Attorney and all Lay Assessors must be persons who are not members of the
Diocesan Executive Council, and who are licensed to practice law in a
jurisdiction of the United States of America, and must be either a member of
the Clergy canonically resident in this Diocese or a confirmed adult lay
communicant in good standing who is entitled to vote in a congregation of
this Diocese. The Church Attorney and the Lay Assessors shall be elected to
terms of one year and shall serve at the pleasure of the Diocesan Review
Committee or Ecclesiastical Court respectively.
SECTION 2. APPOINTMENT OF ASSISTANT CHURCH ATTORNEYS. By majority
vote, the Diocesan Review Committee may authorize the appointment of one or
more Assistant Church Attorneys, who shall then be appointed by and serve at
the pleasure of the Church Attorney, provided, however, that such Assistant
Church Attorneys must have the same qualifications as those applied to the
Church Attorney and all Lay Assessors in SECTION 1 above.
SECTION 3. EXPENSES OF THE TRIAL COURT. The expenses of the Trial
Court, including but not limited to those of the Church Attorney and Lay
Assessors, shall be presented to the Diocesan Executive Council for payment.
SECTION 1. By action of the Bishop and the Diocesan Executive
Council, the Diocese shall be divided into geographical districts, hereafter
known as Convocations. Bishop and Executive Council shall establish the
number of such Convocations, their boundaries and names.
SECTION 2. Each Convocation shall have as its presiding officer a
Dean. For each Convocation, the Bishop shall nominate two Clergy as
candidates for Dean, and the voting members of each Convocation shall elect,
from the two nominees, its Dean. Each Convocation shall have a Convocation
Warden selected from the Laity of the Convocation by the voting members of
the Convocation.
Upon the Bishop’s approval the Dean and Convocation Warden shall be
appointed and installed in their respective offices at the Annual Diocesan
Convention. The term of the office of the Dean and
Convocation Warden shall begin with their installation and continue at the
direction of the Bishop, not to exceed three years. Vacancy in the office of
the Dean shall be filled by an Acting Dean, appointed by the Bishop, to
serve until the next Annual Diocesan Convention, and vacancy in the office
of the Convocation Warden shall be filled by an Acting Convocation Warden
appointed by the Dean who shall serve until the next regularly scheduled
Convocation Meeting, at which time a Convocation Warden shall be elected to
serve the unexpired term.
SECTION 3.
The voting members of each Convocation shall be clergy resident within that Convocation who are qualified to vote at Diocesan Convention and delegates or alternates to Diocesan Convention resident within the Convocation.
SECTION 4. Each Convocation shall study the local needs of the
Diocese within its boundaries, and shall develop Programs to address those
needs.
SECTION 5. Each Convocation shall receive from the Diocesan
Executive Council copies of the preliminary Statement of Mission and
proposed Episcopal Pledge. Each Convocation shall review the preliminary
Statement of Mission and Episcopal Pledge, and shall make comments and
recommendations to the Diocesan Executive Council.
SECTION 6. Each Convocation shall nominate no more than two Clergy
canonically resident in the Diocese and two Lay confirmed communicants in
good standing in the Diocese as candidates for election to the Diocesan
Executive Council. Such Convocation nominees shall be included in the roster
of all nominees for Diocesan Executive Council, and shall be voted upon on
the same basis as all other nominees.
SECTION 7. The Deans, Convocation Wardens, the staff liaison, and
Diocesan Executive Council Chairpersons for the Commission on Convocations shall
meet no less than quarterly. The Deans and Lay Wardens shall meet with the
Bishop at the Bishop's discretion. The Deans and Lay Wardens shall be ex-officio members of the
Diocesan Executive Council, with seat and voice on the Diocesan Executive
Council.
CANON 1 - DEFINITIONS
SECTION 1. A Commission is a group that performs functions
required by the Constitution and Canons of the Episcopal Church, or a group
established by the Bishop and Diocesan Executive Council or Diocesan
Convention to perform continuing functions within the Diocesan structure.
SECTION 2. A Task Force is a group established to accomplish a
specific task at the request of the Bishop and Diocesan Executive Council,
and which will complete its work during a specific period of time.
SECTION 3. A Committee is a subordinate group of a Commission,
Task Force or the Diocesan Convention.
CANON 2 - ELECTION OF COMMISSION AND TASK FORCE MEMBERSHIP
SECTION 1. Each Commission within the Diocese shall be subject to
a three year cycle for the selection of its members, and one-third of such
membership shall be selected each year; however, the Bishop, with the consent of the Diocesan Executive Council, may, for any Commission, suspend this requirement so that a three year cycle is not required.
SECTION 2. Members of Commissions and Task Forces shall be
appointed by the Bishop with the concurrence of the Diocesan Executive
Council.
CANON 3 - DIVERSITY OF MEMBERSHIP
SECTION 1. Appointments and elections to Commissions and Task
Forces shall as far as possible reflect the diversity of the membership of
the Diocese in regard to race, gender, age, and congregational size and
location.
CANON 1 - ANNUAL PARISH MEETINGS
SECTION 1. There shall be an annual meeting of the qualified
members of every Parish or Mission in this Diocese on the Monday after the
First Sunday in Advent, or some other day legally appointed, for the purpose
of electing Wardens and Vestry members, and of transacting such other
business as may come before said meetings, one week's notice of the meeting
shall be given by the Minister or Vestry.
SECTION 2. At these meetings the Rector shall preside; but if
there is no Rector, or if the Rector is absent, the Senior Warden shall
preside; if there is not a Senior Warden, then a presiding office shall be
chosen and a Secretary shall be appointed, and ratified by the members
present.
SECTION 3. The election of the Wardens and Vestry members shall be
by written ballot, and the qualifications of those who may vote shall be
prescribed by the By-Laws of the Parish or Mission.
SECTION 4. The Vestry shall make to this meeting an annual report
of their official acts during the year.
CANON 2 - VESTRIES
SECTION 1. The By-Laws of every Parish shall contain specific
provisions establishing a Vestry, the number of members constituting the
Vestry, and the manner by which the members of the Vestry shall be elected
at the Annual Parish Meeting.
SECTION 2. The Church Wardens and other members of the Vestry shall be
elected from among the adult confirmed communicants in good standing of the
Parish, as prescribed by its By-Laws.
SECTION 3. In every Parish there shall be a system of rotation of
the Vestry, the details of which shall be regulated by the Articles of
Association or By-Laws, or in the absence of the same, by a Congregational
Meeting; provided, that no persons shall serve as a Warden or Vestry member
for more than three years in either capacity or a combination of the two
offices continuously for more than five years, after which time that person
shall not be eligible for election for one year; provided further, that the
preceding provision shall not apply to any Parish of less than forty adult
confirmed communicants in good standing, nor to any individual elected by
the Vestry to fill an unexpired term of less than one year.
SECTION 4. The Senior Warden and Junior Warden shall be elected in
accordance with the provisions of the By-Laws of the congregation. The term
of each shall not exceed three years, and vacancies in either office or in
the office of Vestry member may be filled by the Vestry for the unexpired
term.
SECTION 5. At the first meeting of the Vestry following the Annual
Parish Meeting, the Vestry shall elect, though not necessarily from their
own number, a Secretary and a Treasurer. The terms of the Secretary and the
Treasurer shall be for a one year period. Both of these offices may be
filled by the same individual.
SECTION 6. The election shall always be by written ballot, and its
details shall be regulated by the Article of Association, or By-Laws of the
Parish. Within one month after their election, Church Wardens and Vestry
members may be duly installed into their respective offices with an
appropriate service authorized by the Bishop.
SECTION 7. The Church Wardens and Vestry members thus elected,
together with the Rector, if there be one, shall constitute the Vestry, and
shall be the official representatives of the Parish. The meetings of the
Vestry shall be held regularly at stated intervals or upon call of the
Rector after due notice has been given to all members; provided that on a
call signed by one Warden and two Vestry members and after due notice to the
Rector in charge of the Parish, the Vestry may meet and transact such
business as may seem proper. The By-Laws of each Congregation shall
establish procedures to ensure that the Vestry Meetings are open to members
of the Congregation.
SECTION 8. The Vestry shall have charge of the temporalities of
the Church, and it shall be their duty to provide for all repairs, salaries
and current expenses, and take all necessary steps to raise the funds
required, and to keep a proper account of the same. They shall also execute
all duties which are now, or may hereafter be, imposed upon them by any
General Convention or Convention of the Diocese.
SECTION 9. It shall be the special duty of the Wardens to provide
whatever may be necessary for the due celebration of divine worship (as
books, vestments, etc.); also for the decency and comfort of the church
buildings and furniture, books for church records, and the elements of The
Holy Eucharist, and to put down all disorder during public worship. They
shall be ready to collect "the alms and other devotions of the people," and
in case the Congregation is without Clergy, shall disburse them; and also
provide for public worship by occasional Clerical services, or by lay
reading, as circumstances will permit. They shall also, during such vacancy,
take charge of the Church plate, records, etc. and shall present to the
Bishop at each Annual Convention, a report of the Parish. It shall also be
their further duty to aid the Rector or Clergy in all agencies and efforts
for the advancement of the Church, such as Sunday Schools and other related
matters, and they may report to the Bishop any irregularities in the mode of
conducting public worship, and all offenses by their Clergy, or by any other
officiating in behalf of their Clergy, against Rubrics or Canons, faith or
morals.
SECTION 10. The pastoral connections shall not be dissolved except
as provided for by the Canons of the General Convention.
SECTION 11. When a Parish is vacant, it shall be the duty of the
Vestry to notify the Bishop of the fact, and also to elect and invite a
Rector, but not without due regard to the ascertained wishes of the
congregation, and the opinion and advice of the Bishop.
SECTION 12. When a Parish is vacant, upon the request of the
Wardens and Vestry, the Bishop, with the advice of the Chancellor, may
extend the term of the Wardens and Vestry until such time as a Rector is
elected and settled. Election of Vestry shall then take place at the next
regular Annual Meeting of the Parish.
CANON 3 - CLERGY AND THEIR DUTIES
SECTION 1.The Rector of a Parish shall have the exclusive charge of all
things affecting the spiritual interests of the Parish, subject to the
Constitution and Canons of the General Convention of this Church. It shall
be the duty of the Rector to take order concerning the worship of the
Church, together with all that appertains thereunto. The Rector shall be at
all times entitled to access to the Church, to open the same for public
worship, for catechetical or other religious instructions, marriages,
baptisms, burials, and all other offices authorized by the Church. The
Rector shall have direction and control of all parish owned and/or operated
day schools, educational endeavors and outreach ministries connected with
the parish, and shall preside at all Vestry meetings. In case of the
Rector's absence, the Senior Warden shall preside or the Junior Warden in
the absence of both Rector and Senior Warden.
Provided, however, that the Rector may be released from his or her duty
of oversight and control over any separately incorporated parish school or
other institution by resolution adopted by the Diocesan Executive Council
and endorsed by the Bishop; said resolution shall be issued upon a finding
that articles of incorporation and other documents under which the
institution will operate sufficiently protect the Episcopal nature of the
institution, and bind the school to the mission and ministry of the Diocese,
such that the responsibilities of the Rector may be delegated to the board
of directors or other governing bodies of the institution. Such resolutions
and endorsements may be withdrawn at any time that the Bishop or Diocesan
Executive Council determines withdrawal to be necessary to protect the
interest of the Diocese in the mission and ministry of the institution. The
articles of incorporation and other documents of the institution shall
clearly reflect that the institutuion is subject to the Constitution and
Canons of the Diocese and shall not permit any change of those terms without
approval by the Bishop and Diocesan Executive Council.
CANON 4 - INTERIM MINISTRY
SECTION 1. The Interim Ministry is the collective ministry of the
Diocese with the Parish through the Bishop, staff, interim Clergy, interim
consultant, and Lay leaders, when the parish is between rectors.
SECTION 2. The Interim Priest, working with the Vestry, shall
provide the leadership necessary to maintain stability during the interim
period and assist the congregation as it begins the self-study related to
the search process. The Interim Priest shall have the same authorities as a
Rector unless the Bishop and Vestry agree otherwise. The interim Priest
shall not be a candidate for the permanent position.
SECTION 3. Each Vestry shall negotiate and execute a written
Letter of Agreement with the Interim Priest. The Letter of Agreement shall
be approved by the Bishop, and shall include the duties and tenure of the
Interim Priest, and the Letter of Agreement shall be consistent with these
Canons.
CANON 5 - PARISH REGISTER AND REPORTS
SECTION 1. Each Clergy shall keep a register of all baptisms,
confirmations, marriages and burials solemnized by said Clergy or Ministries
in that Clergy's Parish performed by another Clergy, and if the Clergy has a
cure of souls, a list of baptized and confirmed persons in the cure.
SECTION 2. The Register so kept shall specify the name and date of
birth of the person baptized, the name of the parents and sponsors-- in the
case of an adult, the name, and those of the witnesses-- the name of persons
confirmed, married and buried with the date of every rite performed and the
name of the officiating Clergy.
SECTION 3. In every Parish these entries shall be made by the
Clergy in a book provided by the Church Wardens for that purpose. If there
is no Clergy, the Wardens themselves shall see that such registry is made.
The registry shall be known as the Parish Register, and it shall be
preserved as a part of the records of the Church. It shall also be the duty
of every Clergy, in case of removal from a Parish, to deposit this Register
with the Church Wardens.
SECTION 4. It shall be the duty of every Clergy of this Diocese in
charge of a Parish or Mission, or if there be no Clergy-in-Charge, of the
Church Wardens, or other proper officer, to prepare upon the blank form
adopted by the General Convention, a report for the year ending December
31st preceding, and to deliver the same to the Secretary of the Convention
not later than February 1st following the calendar year which the report
covers. This report shall include the following information: (1) the number
of baptisms, confirmations, marriages and burials during the year; the total
number of baptized persons and confirmed communicants at the time of the
report; (2) a summary of the receipts and expenditures from whatever source
derived, and for whatever purpose used; and (3) a statement of the property
held by the Parish, whether real or personal, with an appraisal of its
current replacement value, together with a statement of the indebtedness of
the Parish or Congregation if any, and of the amount of insurance carried.
Every Clergy not in charge of any Parish or Congregation, shall also report
occasional services, and if there have been none, the cause or reasons which
have prevented the same. These reports or such part of them as the Bishop
may deem proper, shall be entered in the Journal.
SECTION 5. For the purpose of this Canon the word "Communicants"
shall be held to include all confirmed persons, residents within the Cure of
any Clergy, who have not been suspended, or excommunicated or renounced
their privilege by joining another body of Christians not in communion with
this Diocese.
SECTION 6. No Clergy shall remove the name of any confirmed person
from the Register of Communicants unless such person be known to the said
Clergy as having been transferred, by proper letter of transfer, to another
congregation.
SECTION 7. It shall be the duty of all Clergy of this Diocese
canonically resident without charge, to submit annually to the Bishop a
report of their official acts. Where no official acts have been performed, a
report to this effect shall be submitted.
CANON 6 - THE ORGANIZATION OF MISSIONS
SECTION 1. Whenever twenty-five or more persons of whom at least
fifteen shall be adult confirmed communicants in good standing, desire to be
organized and recognized as a Mission, they shall make application to the
Ecclesiastical Authority in writing. The written application shall express
their desire and promise of conformity to the Constitution and Canons,
Doctrine, Discipline and Worship of the Episcopal Church, this Diocese, and
the rules regulating such Missions. They may propose a name for the Mission
and shall state the minimum amount each pledging unit will give for the
support of the Mission and for the support of the work of the Diocese and
National Church; provided, that they shall conform to the requirements of
CANON 6, SECTIONS 2 and 3 when applicable.
SECTION 2. If the Ecclesiastical Authority determines such
organization expedient and upon the approval of the Diocesan Executive
Council, the Ecclesiastical Authority, or a Priest under the direction of
the Ecclesiastical Authority, shall appoint from among the members of the
Mission, a Warden, who shall always be an adult confirmed communicant in
good standing. The Ecclesiastical Authority or Priest shall also appoint a
Secretary, a Treasurer, and such other officers as may be necessary, and
such officers shall be elected annually thereafter, on the Monday after the
First Sunday in Advent, or some other day to be designated, upon two weeks
notice given by the Priest-in-Charge. Such officers shall hold office until
their successors are elected.
SECTION 3. It shall be the duty of the Warden to procure a
suitable place of public worship, and to provide things necessary for decent
and orderly Church services.
SECTION 4. It shall be the duty of the Treasurer to collect or
receive all contributions, and remit or disburse them, under the direction
of the Ecclesiastical Authority. All accounts shall be maintained in
conformity with the Constitution and Canons of this Diocese.
SECTION 5. Missions so organized shall report to the Bishop
through the Priest-in-Charge, or if there be none, through the Warden, in
like form as Parishes. Failure on the part of a Mission to fulfill its
Diocesan obligations for two successive years, or a decline in membership
below the twenty-five persons required to organize the Mission, shall
warrant the Ecclesiastical Authority in withdrawing the Priest and
dissolving the organization.
SECTION 6. A Mission may be established without the twenty five or
more persons stipulated in SECTION 1 above if the Ecclesiastical Authority,
with the consent of the Diocesan Executive Council, sees a need and deems
the establishment of said Mission essential to the welfare of the targeted
geographical area, and to the spreading of the Gospel in this Diocese. The
administrative organization and reporting procedures of Missions established
under this SECTION will be decided by the Diocesan Executive Council. This
decision will be made upon the establishment of each new Mission and will
take into consideration the unique needs of each Mission thus established.
Upon establishment of the Mission, the Convocation shall assist in the nurture
and growth of the Mission into Parish status.
SECTION 7. While a Mission should work toward parish status, it is
recognized that some Missions may for pastoral or historic considerations be
maintained in union with the Diocese even when Parish status is not foreseen
within the reasonable future, but it is the responsibility of the Diocesan
Executive Council to establish, evaluate, and if need be dissolve a Mission.
SECTION 8. No congregation shall be dissolved without the
concurrence of the Diocesan Convention.
SECTION 9. Diocesan support of Missions will be a line item in
each Diocesan budget with delineation of the funds allocated to each Mission
by name.
CANON 7 - THE ORGANIZATION OF PARISHES
SECTION 1. Any organized Mission which contains seventy-five adult
confirmed communicants in good standing may make application in writing to
the Ecclesiastical Authority giving a statement of its condition and
prospect for maintaining such organization after the following requirements
have been met:
(a) It can provide in whole for the support of full-time Clergy or Lay
leader(s) at or greater than the minimum Diocesan remuneration approved
annually by the Diocesan Council,
(b) It is able to provide its proportionate share of the support of the
Diocese and National Church and has maintained financial self-sufficiency
for a minimum of two years and,
(c) It has, during those two years, undergone evaluation and consultation
of its life and ministry by the Ecclesiastical Authority or Designee,
(d) It desires to become an organized Parish, and
(e) having obtained its consent, it shall adopt Articles of Association in
the following form:
"We, the
undersigned, assembled for the purpose of organizing a Parish of the
Episcopal Church at ________________________ County of
_____________________ of the Diocese of Upper South Carolina, after due
notice given, to be known by the name of ____________________ Church
________________ and such do hereby acknowledge, accede to and adopt the
doctrine, discipline and worship, the Constitution and Canons of the
Episcopal Church in the United States of America and the Constitution
and Canons of the same Church in the Diocese of Upper South Carolina,
and do accordingly appoint A. B. and C. D. to be Wardens,
E. F., G. H., J. K., etc to be vestry members of
__________________________ Church; to continue in office until others be
chosen in their places.
"Witness our hands, this ___________ day _____________ , of the year of
our Lord _______________________"
A certified copy of these Articles of Association shall be laid before
the Ecclesiastical Authority, by every congregation desiring to be
recognized as part of the Church in this Diocese, and subject to the
Ecclesiastical jurisdiction thereof. Any Parish so organized and
recognized shall be an integral part of the Church in the Diocese,
whether admitted into union with the Convention or not.
SECTION 2. In forwarding to the Ecclesiastical Authority their
application for permission to organize a new Parish, the petitioners shall
enclose the written approval or disapproval of the Clergy or Lay Leader(s),
the Vestry or the Vestries aforesaid, and if the Clergy or Lay Leaders(s)
fail to give either, a certificate of that fact shall be forwarded to the
Ecclesiastical Authority.
SECTION 3. Whenever such organization is proposed within the
bounds of existing congregation(s), they shall give due notice to the Clergy
or Lay leaders thereof, or, if the congregation(s) be without Clergy or Lay
leaders, to the Vestry(ies) or Mission Committee(s) of the same.
CANON 8 - PARISHES AND MISSIONS IN UNION WITH CONVENTION
SECTION 1. A Parish shall be defined as a Congregation or
Congregations that maintain all of the requirements as stated in Canon 6,
SECTION 1 for the organization as a Parish, and as provided by Canon 8,
SECTION 1.
SECTION 2. An organized Mission shall be defined as a congregation
which maintains the qualifications, as stated in Canon 9, SECTION 1.
SECTION 3. Whenever any Parish or Mission shall apply to be
admitted into union with the Convention, in addition to the constitutional
requirements they shall present a certified copy of their Articles of
Association, together with their application for admission.
SECTION 4. It shall be the duty of every Parish or Mission in
union with the Convention to send Delegates to every Convention. Such
Delegates shall present a certificate, signed by either the Rector, the
Secretary of the Vestry, or one of the Wardens, in the following form:
Diocese of
Upper South Carolina
Parish of _______________________
This is to certify that, at a meeting of the Congregation or Vestry of
________________ held on the ________day of __________ A.D.
_________________ the following named confirmed communicants of the
church were elected (or appointed) to represent the same in the
___________________ Convention of the Diocese of Upper South Carolina to
be held on the ______ day of ________________ A.D. .
The following alternates were elected:
________________________________________________________________________
________________________________________________________________________.
(signed)
Rector, Secretary, Warden. |
SECTION 5. It shall be the duty of every Vestry to forward to the
Secretary of the Convention, not later than six months prior to the
Convention date, a certified list of the Delegates elected to represent
their Church, in order to aid in preparing a list of members of the
Convention.
CANON 9 - CHANGING OF STATUS OF PARISHES, MISSIONS, AND CHURCHES
SECTION 1. Failure on the part of a Parish to maintain the
conditions for becoming a Parish shall warrant the Ecclesiastical Authority,
with the approval of Convention, in placing said Parish in the status of
Mission. Under such conditions the Ecclesiastical Authority shall have the
right to appoint a Priest-in-Charge.
SECTION 2. If any Parish or Mission shall have failed for three
successive years to elect a Vestry (if a Parish) or to send Delegates to the
Convention, or to make the reports required by the Constitution and Canons
of the Episcopal Church, or the Constitution and Canons of this Diocese,
such Parish or Mission may be considered dormant.
SECTION 3. Parishes or Missions may be restored to union with the
Convention or to their former status, by complying with the provisions of
the Constitution and Canons of the Episcopal Church, and the Constitution
and Canons of this Diocese.
SECTION 4. It shall be the duty of the Ecclesiastical Authority to
adopt the measures necessary to preserve the property of such Parishes or
Missions as may be dormant.
CANON 10 - MISSIONARY WORK AND THE ARCHDEACON OF THE DIOCESE
SECTION 1. The Bishop, who is responsible for the supervision and
control of the Missionary Work of the Diocese, shall appoint all
missionaries and may suspend or remove them.
SECTION 2. The Bishop shall select and call the Archdeacon of the
Diocese, if there is to be one. The duties and responsibilities of the
Archdeacon in the Bishop's discretion, may include assisting the Bishop in
the responsibilities for the Missionary Work of the Diocese.
SECTION 3. The Bishop may also delegate to any appropriate
Diocesan organization such supervision of the Missionary Work of the Diocese
as the Bishop determines.
SECTION 4. All Diocesan Missionaries and Wardens of Mission
churches shall make a report on June 15 of each year to the Bishop or to the
Archdeacon, if there is one and if the Bishop so elects, concerning the
condition of each Mission Church and the progress of their work during the
preceding twelve months. Treasurers of Mission Churches shall report to the
same person on dates prescribed by that Authority, reporting the financial
condition and state of the Mission Churches during the preceding period
since the last such report. All reports herein required shall be on forms
and in the manner approved by the Bishop.
CANON 1 - CONCEPT OF A CATHEDRAL CHURCH
SECTION 1. The Bishop and Convention of this Diocese adopt the
concept of a Cathedral Church for the Diocese of Upper South Carolina to
serve as a central or focal point for the administration and strengthening
of the Diocese, and the Convention empowers the Bishop to designate Trinity
Parish, Columbia, South Carolina, of this Diocese to be constituted a
Cathedral Parish, in accordance with the provisions and requirements as set
forth in this Canon. Upon such designation, said Parish Church shall become
the Cathedral Church of the Diocese in accordance herewith.
SECTION 2. Trinity Parish, when designated by the Bishop and
constituted the Cathedral Church, shall be known as the "Trinity Cathedral
Parish."
CANON 2 - TRINITY CATHEDRAL PARISH
SECTION 1. Trinity Church, Columbia, herein designated as the
Cathedral Parish wherein shall be located the Cathedral Church, shall not be
deprived of any of the rights and privileges as provided by the Constitution
and Canons of the Diocese, of the Episcopal Church in the United States of
America, and under the charter and By-Laws of Trinity Church nor shall it be
relieved of any of its obligations and responsibilities as a Parish unless
specifically set forth in this Canon. The Cathedral Parish as a Parish of
the Diocese and as a corporate body shall retain title to all Parish
property with full authority over and responsibility therefore, and as a
Cathedral Parish shall have the same rights, representations, participation,
obligations and responsibilities both in the Parish and in the Diocese as a
Parish without Cathedral status.
SECTION 2. The Vestry of the Cathedral Parish shall be elected and
function as a Parish Vestry in accordance with the Constitution and Canons
of the Diocese of Upper South Carolina and the Episcopal Church in the
United States of America, with the exception that the Dean of the Cathedral
shall be the Rector of the Cathedral Parish and the proper title of the
Cathedral Parish shall be "Trinity Cathedral Parish" or "The Dean, Wardens
and Vestry of Trinity Cathedral Parish."
SECTION 3. When the office of Dean of Trinity Cathedral Parish is
vacant, it shall be the duty of the Vestry to notify the Bishop of the fact,
and also to elect and invite a Dean in accordance with and pursuant to the
By-Laws of Trinity Church but not without due regard to the opinion and
advice of the Bishop.
CANON 3 - THE DIOCESE AND THE CATHEDRAL
SECTION 1. Bishop and Diocesan Executive Council, or a Committee
thereof, shall meet with the Vestry of the Cathedral Parish in the event it
is necessary at any time to resolve any questions which may have arisen
between the Diocese and the Cathedral Parish.
SECTION 2. Bishop and Diocesan Executive Council shall not have
any power or jurisdiction over the administration of Trinity Cathedral
Parish.
SECTION 3. The Diocese shall be responsible for the expenses in
connection with Diocesan functions, and for those portions of Diocesan or
Cathedral properties regularly occupied as Diocesan offices and any other
extra expenses incurred by the Cathedral Parish by reason of its serving as
the Cathedral Parish of the Diocese which are beyond the normal expenses of
a Church without Cathedral status.
CANON 4 - SERVICES IN THE CATHEDRAL
SECTION 1. The Bishop, upon due notice to and in consultation with
the Dean, shall have the right to conduct services in the Cathedral Parish
and set the norm of ceremony and ritual to be observed on such occasions.
CANON 5 - CANONS OF THE CATHEDRAL
SECTION 1. The number of Canons Residentiary on the Staff of
Trinity Cathedral Parish may be determined by the Vestry. Their titular
designation may be determined by the Bishop after consultation with the
Dean.
SECTION 2. Honorary Canons may be appointed at the discretion of
the Bishop.
CANON 6 - TERMINATION OF CATHEDRAL DESIGNATION
SECTION 1. The designation of a Cathedral Parish and the consent
and acceptance by a Parish of such designation are intended and expected to
continue so long as both the Diocese and Parish exist. Nevertheless, either
the Diocese or the Parish shall have the right to terminate this designation
and to return said Cathedral Parish to Parish status through formal action
of either the Bishop and Convention of the Diocese or the Congregation of
the Cathedral Parish by giving one year's written notice thereof through
formal action of either of said bodies.
CANON 7 - AMENDMENT
SECTION 1. This Canon may be amended just as other Canons of the
Diocese are amended except as to any matter affecting the authority, rights,
representation, participation, obligations and/or responsibilities of the
Cathedral Parish in the Diocese and in the General Church, which amendments
must be ratified and accepted by the Cathedral Parish acting through its
duly authorized body before same shall become effective.
CANON 1 - THE EPISCOPAL CHURCH HOME FOR CHILDREN
SECTION 1. The institution known as "The Episcopal Church Home for
Children" (York Place) is hereby recognized and adopted as the Institution
of this Diocese for the purpose of caring for children and families in need
of its services.
SECTION 2. The Episcopal Church Home for Children shall be managed
and controlled by a Board consisting of twelve trustees, and the Bishops of
the Episcopal Church of the Diocese of South Carolina and the Diocese of
Upper South Carolina shall be ex-officio members of said board with full
privileges.
The twelve shall be elected as follows:
(a) Four persons: one Lay member, one Clergy member, and two members who
may be Clergy or Lay, for a three year term shall be elected each year by
the Convention of the Diocese of Upper South Carolina upon nomination by the
Board of Trustees of the Episcopal Church Home for Children.
(b) No person who has served two successive terms of three years shall be
eligible for re-election as a trustee, until the expiration of one year
after the completion of such service; provided, however, the service of an
unexpired term of office of two years shall be deemed, for purposes of
eligibility, a full three year term.
(c) Vacancies in the Board caused by death, resignation or otherwise shall
be filled by the Board until the next Convention. The Board shall nominate
to the next Convention a person to any unexpired term.
CANON 2 - THE UNIVERSITY OF THE SOUTH
SECTION 1. The institution known as The University of the South,
situated at Sewanee, Tennessee, is hereby recognized and adopted as an
educational institution of the Diocese.
SECTION 2. The Trustees of the said University shall consist of
one Clergy and two Lay members. The vacancies shall be filled annually for a
three year term.
SECTION 3. The Diocesan Executive Council, upon nomination by the
Bishop, shall fill any unexpired term or terms until the next Convention of
the Diocese at which time a successor or successors shall be elected by the
Convention to fill the unexpired term or terms.
CANON 3 - ST. MARY'S SCHOOL
SECTION 1. The institution known as St. Mary's School situated at
Raleigh, North Carolina, is hereby recognized and adopted as an educational
institution of this Diocese.
SECTION 2. The Bishop shall nominate to St. Mary's Board of
Trustees one person, Clerical or Lay, to serve a five year term as a trustee
from this Diocese to the said school.
SECTION 3. The Diocesan Executive Council, upon nomination by the
Bishop, shall fill any unexpired term until the next Convention of the
Diocese at which time a successor shall be elected by the Convention to fill
the unexpired term.
CANON 4 - KANUGA CONFERENCES INCORPORATED
SECTION 1. The camp and conference center located at Kanuga near
Hendersonville, North Carolina is hereby recognized and adopted as a camp
and conference center related to this Diocese.
SECTION 2. Membership on the Board of Directors shall be
determined by the Constitution and By-Laws of the Kanuga Corporation. The
Bishop of the Diocese shall serve as an ex-officio member of the Board of
Directors.
SECTION 3. The Board of Directors shall make an annual report to
each Diocesan Convention through the Executive Director.
CANON 5 - VOORHEES COLLEGE
SECTION 1. Voorhees College situated in Denmark, South Carolina is
hereby recognized and adopted as an institution of this Diocese as provided
by the Resolution adopted by the Convention of the Diocese on January 21,
1925.
SECTION 2. Voorhees College shall be managed and controlled by a
Board of Trustees, the number which shall be determined by the By-Laws of
Voorhees College.
SECTION 3. The Bishop of the Diocese of Upper South Carolina shall
be an ex-officio member of said Board with full privileges.
SECTION 4. Two persons, Clergy or Lay, shall be elected to the
Board of Trustees for a term of three years by the Convention of the Diocese
of Upper South Carolina upon the nomination of the Trustees of Voorhees
College.
SECTION 5. No person who has served two successive terms of three
years shall be eligible for re-election as a trustee until the expiration of
one year after the completion of such service; provided, however, the
service of an unexpired term of office of two years shall be deemed for
purposes of eligibility a full three year term.
SECTION 6. Vacancies in the Board of Trustees caused by death,
resignation, or otherwise as related to the positions on the Board of
Trustees held by this Diocese shall be filled by Board of Trustees until the
next Convention, at which time the Board shall nominate to the Convention of
the Diocese a person to fill such unexpired term.
CANON 6 - HEATHWOOD HALL SCHOOL
SECTION 1. Heathwood Hall Episcopal School was created as an
eleemosynary corporation under the laws of the State of South Carolina by
charter issued by the Secretary of State under date of March 31, 1951 and
amended October 21, 1971 and is an institution of the Episcopal Diocese of
Upper South Carolina by virtue of the action of the special Diocesan
Convention of September 15, 1950.
SECTION 2. The school shall be under the management of a board
composed of not more than twenty-five members, a majority of whom shall be
Episcopalians and shall include three Episcopal Clergy and the Bishop of the
Diocese, who shall be a member ex-officio.
SECTION 3. The Board shall elect its own members whose election
shall be ratified by the Bishop and the Diocesan Executive Council, which
shall have the power to take any action on behalf of the Diocese on any
matter relating to Heathwood Hall Episcopal School.
SECTION 4. The Board of Heathwood Hall Episcopal School as
provided for herein shall adopt its own By-Laws and elect its own officers
to accomplish the orderly transaction of its duties.
CANON 7 - STILL HOPES EPISCOPAL HOME
SECTION 1. The institution known as "The South Carolina Episcopal
Home at Still Hopes" is hereby recognized and adopted as an institution of
this Diocese in conjunction with the Diocese of South Carolina. Six
Directors to its Board of Directors shall be nominated by the Board of
Directors of Still Hopes yearly for a three year term to be approved by the
Bishop and confirmed by the Convention.
CANON 8 - THE BISHOP GRAVATT CENTER
SECTION 1. The Bishop Gravatt Center is recognized as the camp and
conference center of which the Diocese has ownership. Oversight of the
Center is under the direction of the Board of Managers. The Board shall have
responsibility for the management and direction of all areas for the
operation of the Center and shall be accountable to the Diocesan Executive
Council and the Bishop.
SECTION 2. The Board of Managers shall consist of no more than
twelve nor less than seven persons, adult confirmed communicants in good
standing of the Church in this Diocese, appointed by the Bishop from
nominations of at least two and not more than three.
SECTION 3. Persons for each vacancy, submitted by the Diocesan
Executive Council. One person shall be appointed by the Bishop to Chair the
Board.
SECTION 4. The Bishop shall be ex-officio member of the Board
SECTION 5. An Executive Director shall be appointed by the Bishop
in consultation with the Board of Managers and such person will be a member
of the staff of the Diocese.
SECTION 6. The Board shall promulgate its own rules and guidelines
for the efficient carrying out of its responsibilities and shall report on
its work to the Bishop of the Diocese and the Diocesan Executive Council as
may be required.
CANON 1 - AMENDMENT
SECTION 1. These Canons shall not be altered or amended, nor shall
any new Canon be enacted, except at a stated Convention in the manner here
provided. All proposals for new, altered or amended Canons shall be:
(a) Submitted in writing to the Secretary of the Convention no less than
sixty days prior to the commencement of the Convention for reference by the
Secretary to the Committee on Constitution and Canons:
(b) Read to the Convention prior to action by the Convention thereon; and
(c) Approved by a two-thirds vote of those present at the Convention at
which it is first presented or by a majority vote of those present if the
identical proposal had been previously read to and considered by the
immediate preceding Convention where less than two-thirds but at least a
majority of those present voted to approve the proposal.
SECTION 2. All proposed Canons or amendments thereto receiving
less than a two-thirds but at least a majority vote of those present at the
Convention at which they are first presented shall automatically lie over
for consideration and final action at the next Annual Convention.
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