Canon Law-Ecclesiastical Offices

ECCLESIASTICAL OFFICES

n recent columns we have been looking at issues relating to leadership, particularly in religious institutes. This time, I thought it would be helpful to examine in greater detail Ithe notion of an ecclesiastical office. Canon 145 tells us that an parishes staffed by diocesan clergy, the bishop is ecclesiastical office is any post free to appoint whomever he wishes to the office which, by divine or ecclesiasti- of parish priest, provided that the person selected cal disposition, is established has all the requirements foreseen by law. in a stable manner to further In the form known as appointment, it often a spiritual purpose. It follows happens that a superior, before making an ap- that, among the various pos- pointment to an office, needs the consent or -ad sibilities, the offices of pope, vice of other persons, such as the members of a FR. FRANCIS bishop, major superior, par- council. Canon 494 says that a diocesan bishop ish priest, diocesan director of must consult certain bodies before appointing the G. MORRISEY Catholic education, director of diocesan finance officer. In religious institutes, the a Catholic institution such as a members of the congregational, provincial or local hospital or a long-term care home, local superiors councils must be consulted or give their consent and the like, all fall under the provisions of the law before certain appointments can be made. in regard to who is designated for these positions. It should be noted — in spite of what we of- The law does not limit office holders to clerics ten hear — that the council does not make the or religious. Lay persons also can hold and exer- appointment; it is the competent superior who cise an ecclesiastical office, functioning on behalf does so. Nor can the councillors force a superior of the church. to make such and such an appointment. However, Persons can acquire an ecclesiastical office by withholding consent, if it is called for, they can through a canonical election, through free con- prevent a given person from being appointed to ferral, through an appointment after the interven- the office in question. tion of others and through presentation. Thus, in In regard to the intervention of the council in some instances, a person receives a given office religious institutes, we sometimes find misunder- through election. For example, the Pope is elected standings about its role. Only in very rare instanc- by the cardinal electors; a congregational leader es, and by exception, do the superior and council is elected by the members of a general chapter, act collegially, with a binding outcome depending and so forth. on the will of the majority. Dismissal cases would By free conferral, we understand that a compe- be among these. The superior is not a councillor, tent church authority can make the appointment and so ordinarily he or she does not vote when that is seen fit. Thus, for example, in relation to matters are brought before the council. If the law or the constitutions of the community call for the consent of the council before making an appoint- Lay persons also can hold ment, and provided there is a quorum in atten- dance, the majority of the councillors present and and exercise an ecclesiastical voting must be in favor of the appointment (see office, functioning on behalf canon 127). Otherwise, another candidate has to be presented. On the other hand, if the constitu- of the church. tions simply call for consultation, then the supe-

HEALTH PROGRESS www.chausa.org NOVEMBER - DECEMBER 2014 87 rior is free to make the appointment, having lis- parish priest. The bishop can refuse to act upon tened carefully to the advice of the councillors. the presentation and then another candidate One point causing some problems today is must be presented, but the bishop is not free sim- what it means to be “physically present” at the ply to appoint any religious to the office without council meeting. In secular legislation, atten- the intervention of the major superior. In some dance by Skype, telephone conferencing and the religious institutes, the provincial chapter pres- like often constitute physical presence. Canon ents three names to the congregational leader for law, however, has not yet made formal provision appointment as provincial leader. The choice is for such forms of presence, although, in some con- made from among the three. stitutions, there are certain possibilities foreseen. We find a somewhat parallel provision in the For example, when consent is required, provided Code of Canon Law in regard to religious who a quorum of members is physically present, oth- are being presented for offices in a diocese. Thus, er councillors can participate by other means of for instance, if a religious is being presented for communication. But, in certain cases, such as admission to religious profes- One specific instance where the sion, only those physically present ac- tually vote. church’s legislation is subject to It will become necessary before too long to adjust the legislation, because various interpretations concerns it often happens today, in international the time when a person elected or institutes, that persons are elected to the general leadership who reside in appointed to an office assumes the other countries, and they cannot al- ways readily obtain the required visas responsibilities of that office. to reside in the country where the gen- eralate is located. This visa difficulty is becoming a position in a parish, the agreement is between more and more significant today. In these cases, the diocesan bishop and the major superior, not the people attend the meetings through Skype (or between the parish priest and the religious con- similar means) and participate as much as pos- cerned (canon 681.2 specifically provides for this). sible in the deliberations. One specific instance where the church’s leg- At times, though, it is difficult to determine islation is subject to various interpretations con- whether the required majority has been obtained cerns the time when a person elected or appointed in cases requiring consent. Say, for instance, that to an office assumes the responsibilities of that -of there are four councillors present and voting. If fice. In the case of the Pope, upon his acceptance, two are in favor, and two against, the consent has he assumes the office immediately. However, for not been received. Of, if two vote in favor of the other elections or appointments, there is some- appointment, one is against it, and the fourth ab- times an extended period between the appoint- stains, again the required majority has not been ment itself and the taking up of office. Canon 153 obtained. More than half those present must give determines that the provision of an office which in their consent for it to be effective. If, on the other law is not vacant is, by that very fact, invalid, and hand, only three were physically present (leav- it does not become valid by a subsequent vacancy. ing aside the disputed question of presence from However, an important exception is then noted: if a distance by means of communication), and the an office is conferred for a specific period of time vote was two to one in favor, the required consent (such as four, five or six years), provision can be has been received. made within six months before the expiry of this The last form of designation to an ecclesiasti- time, and it takes effect from the day the office falls cal office is known as presentation. Thus, for in- vacant. stance, in a diocese, if a parish is entrusted to a The most common example of this, besides religious institute, it is the competent superior of clergy appointments that are to take effect on a the institute who presents the name of the candi- given day, is the election of the new leadership in date to the diocesan bishop for appointment as a religious institute. Given the fact that, in many

88 NOVEMBER - DECEMBER 2014 www.chausa.org HEALTH PROGRESS instances, the persons elected to office -al ready have other responsibilities and must give due notice before leaving their present position, or arrangements must be made to obtain the appropriate visas, general chap- ters usually agree on a time when the formal transfer takes place. However, some authori- ties consider that the transfer takes place the moment the person elected accepts the office. Obviously, what is of primary importance is that there not be two congregational leaders in office at the same time. Such a sit- uation would certainly not be beneficial to A Shared Statement of Identity those concerned. So, it would be important at the time of transfer of responsibilities to for the Catholic Health Ministry make certain that the provisions of the ap- proved constitutions are duly followed. Today, questions also are raised as to We are the people of Catholic health care, which positions can be considered to consti- a ministry of the church continuing Jesus’ mission tute an ecclesiastical office. Canon 145 tells of love and healing today. As provider, employer, us that the function is to be established in a advocate, citizen — bringing together people of stable manner, and for a spiritual purpose. diverse faiths and backgrounds — our ministry is With all the new church entities now in ex- istence, such as the various pontifical and an enduring sign of health care rooted in our belief diocesan public juridic persons, questions that every person is a treasure, every life a sacred gift, are being raised about the status of the mem- every human being a unity of body, mind, and spirit. bers, and, at times, even the directors. This takes on importance, not only for assuming We work to bring alive the Gospel vision of justice the office, but also for instances when the -of and peace. We answer God’s call to foster healing, fice is lost by various forms of termination. I act with compassion, and promote wellness for all intend to return to this in a subsequent col- persons and communities, with special attention to umn. our neighbors who are poor, underserved, and most At the present time, and subject to cor- rection, it seems to me that being one of the vulnerable. By our service, we strive to transform members (as distinct from the directors) of hurt into hope. a PJP constitutes holding an ecclesiastical office. AS THE CHURCH’S MINISTRY OF One of the reasons why the canons are HEALTH CARE, WE COMMIT TO: so meticulous on this matter is that it is im- ! portant to know who legitimately occupies Promote and Defend Human Dignity ! a position, who has the authority flowing Attend to the Whole Person from it, and who then can lead the faithful in ! Care for Poor and Vulnerable Persons an appropriate manner to pursue a spiritual ! purpose. Promote the Common Good ! Act on Behalf of Justice FR. FRANCIS G. MORRISEY, OMI, PhD, JCD, ! Steward Resources is professor emeritus, Faculty of Canon Law, ! Saint Paul University, Ottawa, Canada. Act in Communion with the Church

HEALTH PROGRESS www.chausa.org NOVEMBER - DECEMBER 2014 89 JOURNAL OF THE CATHOLIC HEALTH ASSOCIATION OF THE UNITED STATES www.chausa.org

HEALTH PROGRESS®