CANONS - The Ministry

For the purpose of these Canons and of the Constitution, and in order to determine the ecclesiastical and legal contract contained or implied in each case within the Diocese, these respective Titles are defined as follows:

“MINISTER” shall mean in a general or liturgical sense in executor officii one who is duly licensed and ordained to perform sacred functions in this Church, and includes the three Orders of Bishop, Priest and Deacon.

“RECTOR” shall mean a Priest who is canonically settled in a Parish which is fully organized, whose settlement is without limitation of time, and the stipend to be held as a permanent contract.

“VICAR” shall mean a Priest or Deacon who is appointed by the Bishop to be in charge as the Bishop’s representative of an Organized Mission of the Diocese and whose settlement is determined as to time and condition by agreement with the Bishop.

“PRIEST IN CHARGE” shall mean a Priest of the Church who is appointed by the Bishop to be temporarily in charge of a Parish or Organized Mission under such circumstances as may be directed by the Canons.

“ASSISTANT MINISTER” or “CURATE” shall mean a Priest or Deacon called on the nomination of the Rector, to assist the Rector.

Canon 7

Of the Commission on Ministry

Section 1.

The Commission on Ministry of the Diocese shall perform the duties and discharge the responsibilities assigned to a Diocesan Commission on Ministry under Title III of the Canons of the General Convention of the Episcopal Church.

Section 2.

a. The Commission on Ministry shall consist of fifteen persons: six Presbyters and three lay persons who shall be elected by the Synod of the Diocese, and six persons who shall be appointed by the Bishop of the Diocese, as follows:

1. At each Regular Synod there shall be elected by the concurrent vote of both orders one Presbyter to serve for a term of six years.

2. At each Regular Synod occurring in an even-numbered year, there shall be elected by the concurrent vote of both orders one lay person to serve for a term of six years.

3. At each Regular Synod the Bishop shall appoint one person to serve for a term of six years.

b. No person, having served on the Commission for more than three years, shall be eligible for re-election or re-appointment to the Commission until the lapse of one year.

c. The Commission on Ministry shall elect suitable persons to fill any vacancies which may occur among the elected members of the Commission, and the Bishop shall appoint persons to fill any vacancies which may occur among the appointed members of the Commission. Such persons shall serve for the entire unexpired term of the person they are chosen to replace.

Section 3.

The Commission may adopt rules not inconsistent with the Canons of the Diocese or General Convention and subject to the approval of the Bishop.

Section 4.

The Commission may appoint from time to time, with the approval of the Bishop, any persons it may need to assist in the performance of its duties. They shall serve at the pleasure of the Commission.

Canon 8

Of Qualifications for Pastoral Charge of Ministration

No person shall be eligible to the office of Rector, Minister, Curate, or Vicar, or be allowed to officiate as Minister, unless he has had Episcopal ordination and is in full standing in the Protestant Episcopal Church in the United States, and shall be certified as a qualified Minister of this Church by the Ecclesiastical Authority of this Diocese.

Canon 9

Of the Support of Ministers

It shall be the duty of the Vestry of each Parish and the Bishop’s Committee of each Mission to provide for the payment of the amount stipulated for the compensation of the Rector or Vicar, or Assistant Minister, at such intervals and on such conditions as have been agreed upon, and for the support of the Church’s Program; and it shall be the duty of every Rector or Vicar to report to the Bishop, no later than February 1st in each calendar year, the amount or amounts agreed upon for compensation of Members of the Clergy functioning within the Parish or Mission.

Canon 10

Of the Filling of Vacant Cures

Section 1.

The Ecclesiastical Authority, upon receiving notice that a Parish or Mission is to become vacant, shall notify all clergy canonically resident in the Diocese of that fact, in writing, within ten days so that any who wish to do so may then signify their desire to be considered for the position to the Wardens of a vacant Parish or to the Bishop in the case of a vacant Mission.

Section 2.

a. The Rector shall be elected by a vote of a majority of the Vestry, given by ballot. The election of Rector must be made after open nomination at a previous meeting of the Vestry duly convened, and each nomination shall be accompanied by sufficient evidence that the person named is a qualified Minister of this church; and the notice for the meeting of the Vestry, at which such election is to be had, shall express such intention.

b. The Rector shall have the right, with the consent of the Vestry, to elect as Assistant Minister (or Curate) from year to year, any Priest whose name has been submitted to the Bishop as provided in the Canons of the General Convention, provided, however, that upon the expiration of the first year, the Rector may remove such Assistant Minister upon ninety days written notice. And it is further provided that the Rector and Vestry, with the Bishop’s approval, may at any time, for grave cause involving conduct unbecoming a Member of the Clergy, cancel the contract of any Assistant Minister and remove him or her upon thirty days written notice.

Section 3.

The call of the Rector, or Assistant Minister, elect, shall be in writing, and must distinctly express the official rank to which he or she is called, and the stipulations of stipend or other compensation, which stipend or other compensation, when the Member of the Clergy is settled, shall be held a valid legal contract, recoverable by process of law, of which contract said call shall be held as substantial evidence.

Section 4.

When a Parish or Mission becomes vacant the Church Wardens or other proper officers shall notify the Bishop. If the authorities of the Parish or Mission shall for thirty days have failed to make provision for the services, it shall be the duty of the Bishop to take such measures as he may deem expedient for the temporary maintenance of divine services therein.

Section 5.

No election of a Rector shall be had until the name of the Clergyman whom it is proposed to elect has been made known to the Bishop, or in his absence or inability to act, the Ecclesiastical Authority of the Diocese, and sufficient time, not exceeding thirty days, has been given to him to communicate with the Vestry thereon.

Section 6.

Written notice of the election, signed by the Church Wardens, shall be sent to the Ecclesiastical Authority of the Diocese.

Section 7.

A Minister is settled, for all purposes here or elsewhere mentioned in these Canons, who has been called by a Parish, or appointed by the Bishop to any Mission, permanently, according to the rules of said Diocese, provided no Assistant Minister shall be considered “settled” in the sense of having a contract of indefinite or unlimited duration.

Canon 11

Of the Rector and Other Ministers

Section 1.

The control of the worship and the spiritual jurisdiction of the Parish are vested in the Rector, subject to the Rubrics of the Book of Common Prayer, the Canons of the Church, and the Godly counsel of the Bishop. All other Ministers of the Parish, by whatever name they may be designated, are to be regarded as under the authority of the Rector.

Section 2.

For the purposes of his office and for the full and free discharge of all functions and duties pertaining thereto, the Rector shall, at all times, be entitled to the use and control of the Church and Parish buildings with the appurtenances of furniture thereof.

Section 3.

The Rector shall have the full direction and control of the Church Schools, and all other educational and charitable associations within the Parish or Mission. He shall call meetings of the Vestry, or officers of the Mission, and congregation (as he may deem proper) and is ex-officio President of the same, and of all guilds and societies formed in the Parish or Mission, and is entitled to speak and vote on all questions before these bodies.

Section 4.

In a Missionary Cure the control and responsibility belong to the Priest who has been duly appointed to the charge thereof, subject to the authority of the Bishop.

Canon 12

Of Parochial Instruction

Section 1.

It shall be the duty of Ministers of this Church who have charge of Parishes or Cures to be diligent in instructing the children in the Catechism, and from time to time to examine them in the same publicly before the Congregation. They shall also, by stated catechetical lectures and instruction, inform the youth and others in the Doctrines, Polity, History, and Liturgy of the Church. They shall also instruct all persons in their Parishes and Cures concerning the missionary work of the Church at home and abroad, and give suitable opportunities for offerings to maintain the work.

Section 2.

It shall be the duty of Ministers before baptizing infants or children to prepare the sponsors, of whom at least two shall be qualified communicants of this Church, by instructing both the parents and the Godparents for the Christian training of the baptized child, and how these obligations may properly be discharged.

Section 3.

It shall be the duty of Ministers to prepare young persons and others for Confirmation; and on notice being received from the Bishop of his intention to visit any Church, which notice shall be at least three months before the intended visitation, he shall be ready to present for Confirmation such persons as he shall judge to be qualified, and shall deliver to the Bishop a list of the names of those to be confirmed.

Canon 13

Of Parish Registers and Parochial Reports

Section 1.

1. It shall be the duty of every Minister of this Church to record in the Parish Register all Baptisms, Confirmations, Marriages, Burials, and the names of all Communicants within his Cure.

2. The registry of every Baptism shall be signed by the officiating Minister.

3. Every Minister of this Church in charge of a congregation shall have recorded in the Parish Register a list of all persons who have received Holy Baptism; and a list of all persons who have received Confirmation. He shall indicate upon the Parish Register each year the names of those who have died in the past year or whose names have been removed by letter or transfer. He shall indicate (1) those whose domicile is unknown, and (2) those whose domicile is known but who are inactive. He shall maintain as far as practicable a list of all families and persons within his Cure, which list shall remain in the Parish for the use of his successor.

Section 2.

Every Minister of this Diocese shall prepare annually a report of his Cure for the year ending December 31 preceding upon the blank form adopted by the General Convention, which reports shall be sent not later than February 1 to the Bishop of the Diocese, or if there be no Bishop, to the Secretary of the Diocese. Said reports shall be made in conformity with the General Canons.

Section 3.

In addition to the “Parish Register” a Proper “Service Record Book”, approved by the Bishop, shall be provided in each Parish or Mission and a complete record of all services held shall be kept therein.

Section 4.

In every case where a Parish or Mission is without a Minister, the Register and Records contemplated in this Canon shall be kept by the Rector’s Warden, or if there be no Rector’s Warden, by the Parish Warden, and the reports shall be made by the Wardens of the Parish or Mission.

Canon 14

Of Alms at the Holy Eucharist

On one Sunday in each calendar month, the Alms and Contributions at the Celebration of the Holy Eucharist, not otherwise specifically designated, shall be deposited with the Member of the Clergy in charge of the Congregation, or with such Church officer as he or she shall appoint, to be applied to such pious and charitable uses as shall be thought fit by the Member of the Clergy. During a vacancy the Vestry, or Bishop’s Committee, shall appoint a responsible person to serve as Almoner. With due regard for necessary confidentiality which may be associated with their distribution, all funds made available hereunder shall be subject to audit as funds of the Parish or Mission.

Canon 15

Of Memorial Funds

Any special funds given as memorials which shall come into the hands of any Rector or Minister shall be recorded by name of the person in whose memory such donation is made in a Memorial Book maintained exclusively for such purpose; and if no specific direction for the expenditure of such funds shall be made by the donors, such funds shall be expended at the discretion of the Rector and the Vestry or the Vicar and the Bishop’s Committee. All such memorial funds shall be transferred to the Parish Treasurer and held in a special fund.

Canon 16

Of Officiating Within Other Cures

No Member of the Clergy shall officiate, either by preaching, reading prayers in public worship, administering the Sacraments, or performing any other sacred function, in a Parish or Cure within the bounds of this Diocese without the express permission of the Member of the Clergy in charge of the Parish or Cure. If, because of the absence or disability of the Member of the Clergy in charge, provision has not been made for stated or necessary services within a Parish or Cure, a Warden may give consent.

Canon 17

Of Neglect or Refusal to Officiate

If any Member of the Clergy in charge, from disability or any other cause, neglects to supply the congregation with regular services, and refuses, without good cause, consent to some other duly qualified Member of the Clergy to officiate within the Parish or Cure, the Wardens shall submit the case to the Ecclesiastical Authority; and if, after due consideration of the case, the Ecclesiastical Authority shall decide that the Congregation shall be supplied with services by some other qualified person, the Ecclesiastical Authority may send a suitable Member of the Clergy to officiate, or authorize the Wardens to make suitable provisions, subject to its approval.

Canon 18

Of Dissolution of the Pastoral Connection

Section 1.

When a Rector or Minister has been regularly settled in any Parish or Mission, he shall not resign the same, or separate himself from it by the acceptance of any other charge or duty, nor leave his congregation against their will, without the consent of the Ecclesiastical Authority of the Diocese and the Vestry of the Parish.

Section 2.

If any Rector or Minister shall resign, separate from or leave his Parish or Mission without the prior consent of the Ecclesiastical Authority of the Diocese, then said Rector or Minister shall be held as not in good standing until he shall have made such satisfaction as the Ecclesiastical Authority of the Diocese may require.

Section 3.

No Rector or Minister who has been regularly settled in a Parish or Mission shall be dismissed by said Parish or Mission. In case an attempt shall be made by the Vestry or Congregation to force a resignation by any coercive means, then, on satisfactory evidence of the employment of coercive means, being laid before the Synod, such Parish or Mission so offending shall have no right to a seat in the Synod until it has made such satisfaction as the Synod may require; and the Ecclesiastical Authority may refuse to settle a Minister in said Parish or Mission until it has made such satisfaction as the Ecclesiastical Authority may require.

Section 4.

A Rector, for good cause and with the consent of the Ecclesiastical Authority, may remove from office a Curate or Assistant Minister upon thirty days’ notice of such action and upon provision being made for payment to the Curate of at least sixty days from the date of notice given, unless other suitable employment shall be found prior thereto.

Canon 19

Of Difference Between a Rector and His Vestry

Section 1.

In any serious difference or protracted controversy which may arise between a Rector and his Vestry, which cannot be amicably settled by themselves, the parties or either of them, shall make application to the Ecclesiastical Authority, and lay before it in writing the matters in dispute, provided the same do not involve subject for impeachment or of canonical discipline otherwise provided for. In such appeal, the Vestry must act officially and by due convening.

Section 2.

The Ecclesiastical Authority, if it deems the matter in controversy to be serious but not to require a trial under the General Canons or these canons, shall then inquire into the matter, either personally or by commission. After such inquiry the Ecclesiastical Authority shall render its Godly judgment. Such judgment may direct a dissolution of the pastoral connections by the resignation of the Rector on such conditions as to the Ecclesiastical Authority shall seem proper.

Section 3.

Pursuant to the powers and authority contained in General Canons, in case the difference be not settled by the Godly judgment of the Ecclesiastical Authority, it shall ask the advice of the Standing Committee, and proceeding with its aid and counsel shall be the ultimate arbiter and judge. The judgment shall be either that the pastoral relation between the parties shall cease and determine at a time and upon terms therein specified, or that the said relation shall not be terminated; and such judgment shall be binding upon both parties.