The Libbral Catholic Church Proyince of the United States of America Corporation Canons

THE LIBBRAL CATHOLIC CHURCH PROYINCE OF THE UNITED STATES OF AMERICA CORPORATION CANONS

PREFATORY NOTE ON NUMERATION

The system of numeration adopted for the Corporation Canons is based upon the numeration of the portions of the Corporation Constitution of which such Canbns are extensions;e.g.,CANON I-5- 1 refers to ARTICLE I SECTION 5, and is the first Canon pertaining to such Article and Section; CANON V-8-6 refers to ARTICLE V, SECTION 8, and is the sixth Canon pertainingto suchArticle and Section.CanonFhereafter adopted which do not dependdirectly upon this Constitution, but upon the General Constitution or Code of Canons,may be given numeration under such headingsas SECTION XII - GENERAL CONSTITUTION, SECTION XIII - CODE OF CANONS of the CHURCH. et cetera.

CANON l-s-f. Definitions.

For the purposeof the CorporationConstitution and Canons,unless specifically otherwise stated in each case, the following terms wherever used shall be taken and understoodas defined hereunder.

Bishop shall denoteonly a Bishop on the Active List, in good standing,and canonically assignedto the Provinceby authority of the GeneralEpiscopal Synod.

Episcopaleshall denote such Bishops collectively.

Clergy shall denoteonly Priestsand Deaconson the Active List, in good standingand currentlylicensed by the Ordinary.

Layman or Lay Person shall denote any member of the Church in this Province not otherwisedefined above,including thosein Ordersbelow that of Deacon.

Elector shall denoteany member,whether Bishop, Clergy or Lay, on the Active List and eligible to vote in any regularly organizedParish or Mission of the Province.

Ordinary shall denote a Bishop canonically appointedas the Bishop of a Diocese. The RegionaryBishop is the ordinary for the Provincial Diocese.

Diocese shall denotea major ecclesiasticalsubdivision of the Province,established as such by direction of the GeneralEpiscopal Synod, and having a Bishop wonically appointedas the spiritual and ecclesiasticalhead thereof.

Provincial Dioceseshall denoteall territory of the Provincenot incorporatedin a specific Diocesetherein.

21 [gapsin numerationare a result of deletionsin prior editions]

CANON III-3-1. EcclesiasticalAdministration Defined.

By Spiritual Affairs shall be denoted all those activities of the Church pertaining to the ministry of the Sacraments,Liturgical Servicesand Public Worship, and Spiritual Instruction and Guidance.

By Ecclesiastical Affairs shall be denotedthose matters involving educationof the clergy and laity, church vestmentsand altar appurtenances,church music, the approval of the design of church buildings and places of worship, and the supervisionof gffices and organizations affiliated with the Province,in all essentialsother than the fiscal and businesstransactions connectedtherewith.

By Public Relations shall be denotedthat aspectof EcclesiasticalAffairs having to do with the matter and contentof publications,news releases,broadcasts, telecasts, sermons and public lectures, and advertising; the relationship of the church or of any of its subsidiary organizationswith other Churchesor with other Institutions, including the use of Church propertyby other organizations,in all aspectsother than the fiscal and businesstransactions connectedtherewith.

CANON III-4-1. Fiscal and Business Administration Defined.

By Fiscal and BusinessAffairs shall be denotedall those activities of the Corporationor of its subsidiarybodies involving the raising, borrowing, receipt and disbursalof moneys;the purchase,tenure, rental and disposition of real estateand buildings; the care and use of property other than vestmentsand altar appurtenances;trust relationships,insurance, paymentsfor goods and services,financial liabilities, and the receipt and disposition of gifts and legacies,whether in moneysor in propertyof any kind.

CANON III-7- 1. Appeals Regarding Clergy.

An appeal regardingthe actions of a clergymanof a Parishor Mission may be originated by two other membersof the Clergy thereof; or by the Vestry or Board of Trusteesthereof; or by petition of five percent (but not less than five) of the members thereof, whether such membersare otherwiseeligible to vote or not providedthey be of lawful age.

CANON lll,-7 -2. Appeals Regarding Bishops.

An appeal regardingthe actions of a Diocesanor Auxiliary Bishop may be originated by the Diocesanor Provincial Chapter;or by the vestriesor adminisrators of any three Parishes or Missions subordinateto or ministeredto by, suchBishop.

CANON Y-4-t. Corporation Board of Trustees Nomination and Blection.

(a) Prior to the convening of a Triennial Sessionof the Corporation Assembly the RegionaryBishop shall appoint a Nominating Committeeof not less than five members.of which he shall be one, which Committeeshall nominateat leastone eligible candidatefor each expiring Trusteeship.Further nominationsmay be made from the floor of the Assembly provided there be a secondthereto. Before any candidatemay be voted on he shall havl consentedin writing, or in personif there present,to serveif elected.

(b) The several vacanciesshall be filled one by one by majority vote of the Assembly, vacanciesoccuning by expiration of term being filled before vacanciesoccurring by reason of interim appointment.Should there be no clear majority in the ballot to fill any vacancy there shall be a run-off ballot between the two candidatesreceiving the highest number of votes.The Chairnan possessesthe right to breaka tie vote.

CANON V-4-3. Removal of Trustee.

A majority of the elective Trustees,rvith the concurrenceof the Regionary Bishop, may remove from office an elective Trustee who shall have persistentlynegGcted to perform hii duties of office or to reply to official communications,or who fails to ionform to applicable Canon l-aw, ufrgt admonitionby the RegionaryBishop; or whose official or personaiionduct such Trusteesshall considerto have been such as to bring discredit upon the Church or to have been prejudicial to good order therein. Such Trustee so removed fiom office shall have -the right of appeal to the Judiciary Committee of the General Episcopal Synod, whose decisionshall be final. Notice of appealshall be filed with the Regionary^Bishopwithin ren days of notification of removal,and such notice shall operateto stay such iemoval-pendingthe outcome of such appeal;however, such Trusteeshall stand suspendedfrom all office p"n-6ing such outcome.Should therebe no notice of appeal,or should t[e Judiciary Committeesustain such removal action, the Board shall proceed to fill the vacancy so created by interim appointment.

CANON V-8-1. Corporation Board of Trustees Triennial Meeting.

The Corporation Board of Trusteesshall hold a regular meeting every third year preceding or concurrently with the Provincial Assembly. It shall hold a furiher .""ting following such Assemblyfor the purposeof electing Officers, at which meeting the newli electedTrustees shall take office and outgoing offiCersshall turn over seals,alcounts and recordsto their successors.

CANON v-8-2. Corporation Board of Trustees Special Meetings.

A SpecialMeeting of the Board of Trusteesmay be convenedat any time when a quorum can attend-The RegionaryBishop may call such a SpecialMeeting, and he shall cail such meeting at the requestof three of the elective Trustees.At leastlg4o weeks notice shall be given of such SpecialMeeting unlessall Trusteessignify their ability to attendin personat an earlier date. cANoN v-8-3. corporation Board of Trustees euorum.

Not less than half of the elective Trusteespresent in personor by proxy, togetherwith the /< RegionaryBishop or his Deputy, shall constitutea Quorum for the transactionof business.

CANON V-S-4. Corporation Board of Trustees Officers.

The Board of Trusteesmay combine the Offices of Secretaryand Treasurerin one person whenever desirable.The Board may appoint any Elector of the Province to be Assistant Treasurer with duties as specifically assignedby the Board. Either the Treasureror the AssistantTreasurer (or both) may be requiredto post fidelity bond in a suitableamount at the chargesof the Province.

CANON Y-E-s. Corporation Board of Trustees Action by Mail.

The Corporation Board of Trustees shall be consideredto be permanentlyin sessionby mail or telegraph,and action taken by such meansshall have the samevalidity as action taken in a Meeting of suchBoard.

CANON Y-8-6. Corporation Board of Trustees Yoting.

Voting in the CorporationBoard of Trusteesshall be by majority vote of all members with the concurrenceof the Regionary Bishop or his Deputy. Non-concurrenceof the _Regionary Bishop or his Deputy with a majority of the elective Trusteesshall constitutea Veto. When the RegionaryBishop is representedby his Deputy, the RegionaryBishop may within two weeksrescind any veto on the part of his Deputy by giving notice thereof to all the membersof the Board by mail or telegram.

CANON Y-8-7. Corporation Board of Trustees Use of Proxy.

Any Elective Trusteemay designateanother Elective Trusteeto serveas his Proxy with full powers in the premises,in any regular or special Meeting of the Board of Trustees, provided however,that no membershall hold more than one such Proxy at any such meeting, nor shall any holder of such Proxy delegatethe sameto anothermember.

CANON Vll-2-l.Parish and Mission Representatives- Election and Etigibility.

Each Parish and Mission shall elect a Representativeto the Provincial Assembly (and Alternate Representative,if any) at such time, for such term and in such manner as shall be establishedin the By-Laws of such Parishor Mission. Such Representativesand Alternates shall be Electorsof a Parish or Mission of the Province,but need not be membersof the Parishesor Missions which they shall be chosento represent.A Representativeor an Alternate may be electedto representmore than one Parishor Mission concurrentlysubject to limitationsestablished b, Canon. *

CANON VII-3-I. Provincial Assembly Regular Session Call.

The Corporation Board of Trusteesshall issue a call for the regular Triennial Sessionof the ProvincialAssembly, designating the time any place where the sameshall be held. Such call shall be issuednot less the, ninety days prior to the designateddate of meeting,and copies 24 of suel call shall be mailed to all Bishops,Clergy, Parishesand Missions of the Province.

CANON VII-3-2. Provincial Assembly Special Session Call.

A Special Sessionof the Provincial Assembly may be called b action of the Board of Trusteesof the Corporation.Such SpecialSession shall be called by such Board at the request of two-thirds of the Episcopal,or one-third of the Provincial Clerical Synod, or one-third of the Parishesand Missions of the Province.Such call shall be issuedin the samemanner as the call for the Triennial Sessionand such SpecialSe sign, so called, shall, with the exception of the election of Trustees,have the same powers and be subject to the same rules as the Triennial Session

CANON VII-4- 1. Provincial Assembly Proxies.

(a) A Proxy for a Bishop may be held only by anotherBishop.

(b) A Proxy for a Member of the Provincial Chaptermay be held by any member of the Clergy.

(d) Proxiesshall not be permittedfor Parishor Mission Representatives,since Alternative Representativesare permitted.

CANON Vll-4-2. Provincial Assembly Transfer of Proxies.

Proxies held at Meetings of the Provincial Assembly shall not be transferableunless specific authorizationfor such transfer, naming one or more alternate Proxies, shall be providedin suchProxy.

CANON VII-4-3. Provincial Assembly Alternate Representatives.

Each Parish and Mission may elect an Alternative Representativeto the Provincial Assembly with full powersin the premises.

CANON Vll-4-4. Provincial Assembly Limit of Votes.

No member of the Provincial Assembly shall, by virtue of Proxies and/or Representativeshipsheld by him, be permitted to cast more than ten per centum of the votes representedas present in such Assembly; provided however, that an elected Representative incurring such restriction may transfer a representativeshiptojle Alternate therefor, if present.

CANON VII-7-1. Provincial Assembly Submissionof Resolutions.

A resolutionmay be introducedin the Provincial Assembly by any memberpresent on his own motion, or on behalf of the Episcopate,the Chapteror the Board of Trustees;or on 25 behalf of a Parish or Mission by the elected representativethereof; or by petition signed by ten per centum of the Clergy; or by petition signed by five per centum of the Electors of the Province,including Electorsfrom not less than three Parishesor Missions.

A resolution presentedby a Member on his own motion shall require to be seconded; other resolutionsintroduced as provided aboveshall not require to be seconded.

CANON Vll-7 -2. Provincial Assembly Election of Trustees.

The Election of Trustees shall be conductedas the first item under the heading of New Businessin a Triennial Sessionof the Assembly,and the newly-eleclgdTrustees shall assume office upon the adjournmentsine die of the Assembly.

CANON VII-8-1. Provincial Assembly Postponementor Triennial Session.

Whenever the Board of Trustees shall deem it impracticable to convene the Provincial Assembly in any Triennial year, the Provincial Secretaryshall proposeto the Bishops,the Members of the Provincial Chapter,and to each Parishand Mission of the Province that such Triennial Sessionshall be postponedfor one year. Each personand each body so addressed shall cast one vote, and if the majority of the votes cast shall favor such postponement,such -TriennialSession shall be so postponed.Should the majority of the votes cast not favor such postponement,or should therebe a tie vote, suchTriennial Sessionshall be held.

CANON VII-9-1. Provincial Assembly Voting by Mail.

Whenever the Board of Trustees shall conduct a ballot by mail in the Provincial Assembly, such ballot shall be conductedin the same manner and under the same rules prescribedfor a ballot on the omissionof a Triennial Session,save that the RegionaryBishop may cast an additionaldeciding vote in caseof a tie vote.

CANON VIII-2-l. Parochial Bodies Admission.

Before being admitted into the Provincial Corporation,each Mission or Parish shall, at a meeting of the Electors thereof called for such purpose,adopt a Resolution requestingsuch Admission and pledging complianceon the part of such Mission or Parish with the Canon Law of the Church. Such Resolution shall be forwarded to the Regionary Bishop for submissionto the CorporationBoard of Trusteesfor action thereon.

CANON VIII-3-1. Parishes Incorporation.

Prior to the legal incorporation of any parochial body, -the proposed Articles of Incorporationshall be submittedto the RegionaryBishop for his approval.The Regionary Bishop shall requirethat such Articles of Incorporationinclude a statementof intent to the effect that the said Parochial Body seeksincorporation in order to become and remain an integral unit of the Liberal Catholic Church, Provinceof the United Statesof America, and to be and remain subjectto the CanonicalLaw of "The Said Church." cANoN VIII-3-2. Parishes Incorporation and rrustees

Only membersof the Liberal Catholic Church, Provinceof the United Statesof America. shall be eligible to act as legal Incorporatorsof a Parish, or to serve as legal Board of Trusteesof an IncorporatedParish.

CANON VIII-3-3. Parishes Admission.

A canonically incorporatedChurch which has not previously been,admittedas a Mission, but which qualifies underArticle VIII, Section2 of the Provincial Constitutionand relevant Canonsmay, at the recommendationof the Ordinary,be admittedas iCanonical parish.

CANON VIII-6-1. Parishes By-Laws.

The proposedBy-Laws of a newly IncorporatedParish shall be submittedto the Ordinary and his approval thereof obtained, such approval certified by the -and Provisional Secretary, prior to admission to the Provincial Corporation.Approval of the Orainary shall be obtained by any Parishfor any proposedalteration of its By-Laws prior to such alterationbecoming effective.

CANON VIII-9- 1. Parochial Bodies Active List.

Every adult member of a parochial body who has not voluntarily transferredto the Inactive List thereof shall be entitled to be carriedon the Active List by reasonof regular attendanceat services or regular contribution of financial support oi both. Criterii for establishingsuch entitlementshall be establishedby the Ordinary for Church Centersand Missions,and, with the consentof the Ordinary,in the By-Laws oi eachParish. Any person on the Active List who removesfrom the last known place of residencewithout notification to the parochial body of the new place of residenceshall be transferredto the Inactive List. subjectto restorationupon communicatingsuch new place of residence. cANoN VIII-10-1. Parochial Bodies Former Members.

The term Former Member shall denote any Member who has deceased,resigned, been transferredto another parochial body, or whose membershipin the Church shall have been terminatedin accordancewith the provisionsof the GeneralConstitution or Code of Canons; or whose whereaboutsshall have been unknown to the Parochial Body for a period of seven years; provided however, that a former member so designatedby r"uror, of such unknown whereaboutsshall be entitled to be restored to one of the other Membership Lists, as appropriate, on request. # cANoN VIII-11-1. Parochial Bodies Appointment of Rector.

The appointmentof a Rector of a Parish shall be for a period of three years, with initial appointmentbeing made by the RegionaryBishop upon acceptanceof the Parish into the Provincial Corporation. In those Parishes,"q:n have more than one Priest (andlor Bishop), an election shall be held by the Vestry during the third year of the Rector'sterm, either to request reappointmenfor to select a new Rector. The results of this election shall be communicatedin writing to the RegionaryBishop, who shall then appoint (or reappoint)a Rector for the next three year term, being guided (but not bound), by such request.

CANON VIII-ll-2. Parochial Bodies Retirement of Rector.

Rectors of Parishesshall retire at the age of 75. lf the Regionary Bishop considersthat there is no one availableand suitableto take the place of the Rector, he may extend the term of office until such time as an acceptablesuccessor can be found.

CANON VIII- l2-1. Parochial Bodies Titles of Clergy.

The ecclesiasticalhead of a Mission shall be known as the Priest-in-Chargethereof (or Deacon-in-Chargeor other rank as appropriate).Where there is only a Layman to conduct serviceshe may be designatedLayman-in- Charge.

A Priest or Bishop who is the spiritual head of a Parish shall be known as the Rector thereof.

, Where a Bishop is Rector of a Parish,he may designateone of the Priestsof such Parish to be the Vicar thereof,with such responsibilitiesas may be delegatedby suchBishop.

In a large Parishhaving numerousPriests, the Rector may, with the approvalof the Ordinary, designateone of such Priestsas the Vicar of such Parish,with such delegatedresponsibility as shall be approvedby the Ordinary and the ParishVestry.

The Priest in chargeof a Mission establishedby episcopalauthority as a subordinate activity of a Parishmay be known as the Vicar of suchMission.

CANON VIII-13-1. Termination of Status Appeal.

The Terminationof Statusof a CanonicalMission may be appealedby action of a majority of the Electors thereof.The Termination of Statusof a CanonicalParish may be appealedby the legal Board of Trusteesthereof, or by action of a majority of the Electors thereof. Any such appealshall be submittedin accordancewith the GeneralConstitution and Canonsof the Church.

28 Resolutionsof the Clerical Synod, Provinceof the U.S.A.

The following resolutions are not part of the Constitution or By-Laws or Canon of the Province, do not carry the force of constitution, by-law, or Canon, and are herein placed at the requestof the Clerical Synod, Province of the U.S.A. for the purposesof permanancyand easyaccess.

RESOLUTION ONE :REGARDING THOSE ELIGIBLE FOR THE EPISCOPACY

BE IT RESOLVED TFTAT the Clerical Synod of The Liberal Catholic Church, Province of the USA welcomes and fully supportsthe General Canon that requires that namesof Priests who are being consideredfor the Episcopacy be submitted to the Clerical Synod of their respectivecountries and . . .

BE IT FURTHER RESOLVED THAT the Clerical Synod of The Liberal Catholic Church, Provinceof the USA recommendsthat only that Priest shouldbe consideredas a candidatefor the Episcopacywho . . . (a) has at least five years Pastoralexperience in this Province, preferably as Parish Rector or at least as a Vicar or, if not a Rector or Vicar, who has held a position of responsibilityas a Priest in a Liberal Catholic Church Parishin this Province; (b) has been for at leastfive yearsan active and supportingdues-current member of The Clerical Synod; (c) has the supportof a majority of the active membersof his Parish,and also, if applicable,the supportof the ParishRector for the episcopalnomination; (d) has madecontribution to the growth and developmentand maintenanceof The Liberal Catholic Church of this Province, over and above and in addition to the regular celebrationof the Sacramentsof this Church within his own Parish; (el is preferablyat least45.

RESOLUTION TWO: REGARDING THOSB ELIGIBLE FOR THE PRIESTHOOD BE IT RESOLVED THAT the Clerical Synod of The Liberal Catholic Church, Province of the USA recommendsthat only that Deacon should be consideredas a candidatefor the Priesthoodwho (a) has completed the LCIS and/or has demonstratedto the Regionary Bishop and/or the ordaining Bishop a thorough working knowledge of the Rites and Ceremoniesof The Church, more especiallythe proper Celebrationof The Holy Eucharist,including the use of proper vestmentsas describedin The Scienceof the Sacramenlsor as otherwise approved by The GeneralEpiscopal Synod; (c) has been for at least five years a supportingscmber of a Parish and a supporting,dues-current member of the Clerical Synod; (d) has the support of his ParishRector or Priest-in-Charge,where applicable,as well as a majority of the active membersof his Parish; (e) has madecontribution to the growth and developmentof his respectiveParish; (g) is preferablyat least 25; (h) has shown mature judgment, stability, and developmentin his chosen occupationor careerand is of sound moral character.

RESOLUTION THREE: REGARDING THE IMPOSITION OF INHIBITION BE IT RESOLVED THAT the Clerical Synod of The Liberal Catholic Church, Province of the USA recommendsthat clerical inhibitions or other punitive or disciplinary action taken by the Regionary Bishop or other competentauthority in this Province be issued only for violations of Canon law or for violations of the law of the land or for other disruptive activity, any of which bring or may bring disrepute upon or impair the good order and/or reputationof the Church of this Provinceeither locally or nationally, and . . .

BE IT FURTHER RESOLVED THAT the Clerical Synod of The Liberal Catholic Church, Provinceof the USA requeststhat, should inhibition or discipline in this Province be imposed, the imposition follow the American tradition of due process,which due processmust first include a written statementof warning delivered to the subject of inhibition or discipline showing where the subjecthas violated the CanonicalOath of Obedienceor violated pertinent laws of the land, or is conductingother activity which brings the Church into disreputeor otherwiseimpairs its good order and which communicationdescribes corrective action and allows the subject to correct the faulty action within a reasonableperiod of time; and - thereafter, should inhibition or discipline be required becauseof failure to correct, then a written statementof cause be provided to the inhibitee or disciplinee showing where the inhibitee or disciplineehas violated the CanonicalOath of Obedienceor violated pertinent laws of the land, or committed other activity which brings the Church into disrepute;and that inhibitions and disciplinary actions affecting the Clergy of this Province be immediately reported to the Bishops of the Province and to the Provost of the American Clerical Synod who shall, in turn, report sameto the Secretaryof the Little Chapter,and . . .

BE IT FURTHER RESOLVED that the right of appeal for the lifting of an inhibition or discipline is in this Province guaranteed,such appeal being madefirst to the EpiscopalSynod of this Province,and, thereafter,to the GeneralEpiscopal Synod.