The Diocese of Springfield

As Amended, Adopted, and Codified, to and including Amendments Adopted by the Regular Synod of 1995.

VI MISCELLANEOUS

   Canon

         48     Of Elections

         49     Of the Requisites of a Quorum

         50     Of Preparing a Report on the State of the Church

         51     Of Business Methods in Parochial and Diocesan Affairs

         52     Of Definitions

         53     Of the Committee on Constitution and Canons

         54     Of Enactment, Amendment, and Repeal of Canons

Canon 48

Of Elections

Elections by ballot when required by the Canons, can only be dispensed with by a vote of the Synod; and when an election is by ballot, a majority of the votes in each Order shall be necessary to a valid election, unless a two-thirds vote be specially required.

Canon 49

Of the Requisites of a Quorum

In all cases in which a Canon of this Diocese directs a duty to be performed, or a power to be exercised by any body consisting of several members, a majority of said members, the whole having been duly called to meet, shall be a quorum, and a majority of the quorum so convened shall be competent to act, unless otherwise expressly required by the Constitution or a Canon.  The Chairman or President of any such body shall not abate nor be excluded from his full privilege as a member, by reason of his being in the chair, but may exercise the same entirely as another member, and may, in addition, when he has not otherwise voted, give a casting vote in the case of a tie.

Canon 50

Of Preparing a Report on the State of the Church

In order to carry into effect the recommendations of the General Convention for securing an accurate view of the State of the Church, it shall be the duty of the Secretary of the Synod of this Diocese, before every stated meeting of the General Convention, to draft, with the advice and approbation of the Bishop, a report of the State of the Church in this Diocese, to be presented to the General Convention.

Canon 51

Of Business Methods in Parochial and Diocesan Affairs

In every Parish, Mission and Institution connected with this Diocese, the following business methods shall be observed:

      1.   Funds held in trust, endowment and other permanent funds, and securities represented by physical evidence of ownership or indebtedness, shall be deposited with a National or State Bank, or a Diocesan Corporation, or with some other agency approved in writing by the Department of Finance of the Diocese, 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 apply to funds and securities refused by the depositories named as being too small for acceptance. Such small funds and securities shall be under the care of the persons or corporations properly responsible for them.  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.

      2.      Records shall be made and kept of all trust and permanent funds showing at least the following:

            a.      Source and date.

            b.      Terms governing the use of principal and income.

            c.   To whom and how often reports of condition are to be made.

            d.      How the funds are invested.

      3.      Treasurers and custodians, other than banking institutions, shall be adequately bonded; except Treasurers of funds that do not exceed five hundred dollars at any one time during the fiscal year.

      4.   Books of account shall be so kept as to provide the basis for satisfactory accounting.

      5.   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 Department of Finance, or other appropriate Diocesan authority.  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 Bishop or Ecclesiastical Authority not later than 30 days following the date of such report, and in any event, not later than September 1 of each year, covering the financial reports of the previous calendar year.  Audits of funds collected and distributed pursuant to Canon 14, and any other discretionary funds, shall be conducted and reported with due regard for necessary confidentiality which may be associated with the distribution of such funds.

      6.   All buildings and their contents shall be kept adequately insured.

      7.   The Department of Finance of the Diocese may require copies of any or all records described in this Canon to be filed with it and shall report annually to the Synod of the Diocese upon its administration of this Canon.

Canon 52

Of Definitions

The term “net disposable income”, as applied to a Parish or Mission, is defined to include the aggregate of all plate offerings, pledge payments received from members of the Congregation, unrestricted contributions received from organizations within the Congregation, operating investment income, assistance from the Diocese, unrestricted testamentary and non-testamentary gifts except to the extent that such gifts are designated by the Vestry or Bishop’s Committee to be used for endowment or capital improvement purposes, and all other operating income.

Canon 53

Of the Committee on Constitution and Canons

There shall be a Committee on Constitution and Canons appointed annually by the Ecclesiastical Authority.  The Chancellor shall be a member of this Committee.

The Committee shall submit annually to the Synod a report stating what amendments, if any, to either the Diocesan Constitution or Canons the Committee believes are required or desirable because of changes either in the Constitution and Canons of the Episcopal Church or in the structure or practice of governance of the Diocese.

Canon 54

Of Enactment, Amendment, and Repeal of Canons

Section 1.

These Canons may be amended at the Regular Synods of the Diocese  by resolution adopted by the concurrence of a two-thirds majority of both Orders present, provided that the proposed Canon or change shall have been submitted to the Secretary of the Diocese in writing, by at least two delegates to the Synod, or by the Committee on Constitution and Canons, at least sixty days prior to the Synod.  The Secretary shall transmit a copy of the proposal to the Parishes and Missions at least thirty days before the meeting of the Synod.  The proposed Canon or change, before final adoption in accordance with this section, may itself be amended by the Regular Synod by resolution adopted by a majority of delegates present.  Any such amendments must be germane to the substance of the proposed Canon or proposed amendment to an existing Canon, germaneness to be determined by the Ecclesiastical President of the Regular Synod.

Section 2.

The resolution, if by way of amendment of an existing provision, shall be in substantially the following form:  “Resolved, that Canon ... (or Section ... or Clause ... of Section ... of Canon ...) be, and is hereby amended to read as follows: (here insert the new reading).”  In the case of a new canon, or of a new section, or clause, in a canon, or of the repeal of an existing canon, or of a section or clause, the numbering of the canons, or of divisions of a canon, which follow shall be changed accordingly.

Section 3.

All canons and all amendments and repeals of canons, unless otherwise expressly stated in the enacting resolution, shall take effect on the first day of January following the adjournment of the Synod at which they were enacted or made.