Journal of the ... annual convention of the Protestant Episcopal Church in the state of North Carolina [serial]
Episcopal Church. Diocese of North Carolina | Open Content Alliance
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Income 25,676,982 23,448,327 Assistance from Diocese 325,370 384,138 Total Operating Revenue 26,1 10,635 24,701,441 Total Receipts Unavailable 33,589,306 22,071,505 21,051,139 301,943 354,876 23,205,194 21,601,177 29,242,816 27,774,510 Disbursements Spec. Offerings Transmit. 2,358,253 2,017,717 Outreach 2,270,532 1,946,887 All Operating Expenses 20,722,320 19,157,118 Gross Disbursements Unavailable 30,397,881 1,958,838 1,326,787 1,703,174 1,479,450 18,323,904 17,120,051 27,445,038 24,644,254 269 Diocese of North Carolina THE STANDING COMMITTEE'S "CHECK-LIST" of Requirements Regarding Real Estate Transactions Revised — June 1999 Under the canons, real estate or any interest therein may be conveyed, mortgaged, otherwise encumbered, leased (as Lessor) or otherwise alienated by the Trustees of the Diocese or by any Vestry of any congregation, or by the governing body of any diocesan institution, only with the written consent of the Ecclesiastical Authority (normally the Bishop) who can only act with the advice and consent of the Standing Committee. 2. All consents shall expire 365 days from the date of the Bishop's letter if the transaction has not been completed within that time unless another expiration date shall have been specified. A proposed transaction for which consent has expired must be authorized anew with submission of current information. 3 . After a transaction has been completed, the Trustees or governing body of the parish, mission, or diocesan institution shall forward to the President of the Standing Committee copies of the executed legal documents involved. Sale The following documents shall be submitted when consent is sought to convey title to real property. 1. An authorizing resolution that identifies the property, sets forth the terms of sale including the price agreed or sought, gives the provisions of any listing with a real estate agent, and gives the reasons for the sale, including the application or reservation of the proceeds of sale and a statement that the property is not needed for the ongoing operations of the Diocese, congrega- tion, or institution. 2. If the sale contemplates any purchase money financing by the Seller, an explanation thereof with copies of pertinent documents that will be involved. 270 Real Estate Check-List 3. Unless otherwise specifically authorized by the Standing Committee, an appraisal report prepared by a State-certified or State-licensed real estate appraiser who is not a member of or other otherwise connected with any party involved in the transaction. Lease (as Lessor) The following documents shall be submitted when consent is sought to lease real property as lessor. 1. An authorizing resolution that identifies the property, sets forth the terms of the lease including the rental payments, term, renewal or cancella- tion options and other pertinent provisions, gives the reasons for the lease including the application of the rents to be received and a statement that the property is not otherwise needed during the lease period for the ongoing operations of the Diocese, congregation, or institution, and contains facts supporting the opinion of the Vestry or other governing body that the rent and other provisions of the lease are fair and adequate. 2. A copy of the proposed lease. Right of Way or Easement Grant The following documents shall be submitted when consent is sought to convey a right of way or easement appurtenant to real property. 1. An authorizing resolution that identifies the property, sets forth the details of the proposed right of way or easement grant, states the consider- ation or lack of consideration to be paid and the Vestry or other governing body's opinion as to the adequacy thereof, states whether the Vestry or other governing body considers that the grant will enhance or injure the property, states the application to be made of any consideration to be paid for the grant, and states whether the Grantee has the power of eminent domain. 2. A map locating the right of way or easement on the property. 3. A copy of the proposed right of way or easement. Mortgage Loan The following documents shall be submitted when consent is sought to encumber title to real property by execution of a mortgage or deed of trust as security for the repayment of a loan. 1 . An authorizing resolution that identifies the property to be mortgaged as security for the loan, and sets forth the reason or reasons for the loan, its amount, rate of interest and time period, the schedule and source of repay- ment, and the terms of any repayment privileges or penalties. 2. Unless otherwise specifically authorized by the Standing Committee, an appraisal report prepared by a State-certified or State-licensed real estate appraiser who is not a member of or otherwise connected with any party involved in the transaction. 271 Diocese of North Carolina 3. Where there are any contracts or other papers of any sort to be signed other than ordinary notes or deeds of trust, an exact copy of said contracts or other papers. 4. If the mortgagor is a parish or mission, a copy of the audit report and parochial report for the previous year, a copy of the current year's budget, a copy of the most recent balance sheet and year-to-date statement of revenues and expenditures, and a copy of next year's budget (if available). The parochial report need not be submitted if information as to communicant strength is readily available in the Journal for the previous year. 5. If a current balance sheet is not available, a comprehensive statement of (1) ALL capital assets of the parish or mission, including real estate, endowment funds, funds held in reserve, special funds, investments, bank accounts, and other assets of any kind and (2) ALL liabilities of the parish or mission, including notes payable, federal and state withholding taxes pay- able, unpaid ad valorem taxes constituting a lien on real property, arrears in Church Pension Fund assessments, arrears in accepted askings of the diocese, arrears in health insurance premiums, other accounts payable, and other liabilities of any kind. Other Transactions If a particular contemplated transaction does not fit any of the foregoing categories, the seeker of the required consents should address appropriate inquiries directly to the President of the Standing Committee. Article II Section 1. There shall be an annual Convention of the Church in this Diocese at such time and place as may be determined by the next preceding Convention, or in the event of no such determination, then at such time and place as may be fixed by the Ecclesiastical Authority and the Standing Committee. Section 2. The time and place of the annual Convention may be changed, or Special Conventions called, by the Ecclesiastical Authority of the Diocese, subject to such canonical provisions as may hereafter be made. Section 3. Written notice of a Special Convention shall be given by the Secretary to every member of the clergy who is eligible for a seat and vote in the Convention and to the senior warden of every parish and every mission therein at least 60 days before the date thereof. This notice shall specify the purpose for which the Special Convention is called, and no other business shall be in order except by unanimous consent of the delegates. Article III Section 1 . The Convention shall be composed of the two orders, clerical and lay. Section 2. The Bishop of the Diocese, or in the Bishop's absence, the Bishop Coadjutor, or any bishop in charge, as representing the Ecclesiastical Authority, shall, in the order named above, if present, preside at all meetings of the Convention and shall appoint all committees unless it be otherwise ordered. Section 3. Every member of the clergy of the Church who is canonically connected with the Diocese and who is resident therein, and every member of the clergy not so connected with the Diocese but actually resident therein and regularly serving a parish or mission in the Diocese, shall be entitled to a seat in the Convention and to a vote therein. The restriction of residence as above required shall not apply to professors, tutors, or students in any recognized theological seminary of this Church, or college maintained and governed in part by the Diocese, or to any officers or members of the staff of the Executive Council, or to chaplains in the Armed Forces of the United States, or to members of the clergy in charge of congregations of this Diocese. Diocese of North Carolina Section 4. Each parish and mission in union with the Convention shall be entitled to be represented at its sessions by lay delegates whose number shall be determined in proportion to the number of enrolled confirmed adults who are communicants in good standing of the parish or mission as specified by canon. These delegates shall be elected by the vestry from among the enrolled confirmed adults who are communicants in good standing of the parish or mission. The delegates shall be chosen in a manner provided by canon to assure that approximately one-third of the entire lay membership of the Convention is subject to election each year. The initial terms of delegates elected by virtue of this article shall be determined by the Secretary of the Convention in accordance with canon. Subject to changes in representation required by changes in the numbers of enrolled confirmed adults who are communicants in good standing of parishes and missions, and upon the expiration of each term thereafter, each vestry shall elect for a term of three years a successor for each lay delegate whose term has expired. Each vestry shall be entitled to elect, for one-year terms, a number of alternate delegates, subject to the same qualifications, equal to the delegates elected, who shall be authorized, in the order of their election, to fill any vacancy that may occur in the delegation originally chosen. Section 5. When a mission desires to be admitted into union with the Convention, it shall follow the same procedure, so far as applicable, as that prescribed for the admission of a parish. Section 6. No person, clerical or lay, under ecclesiastical censure publicly declared by a competent tribunal, shall be admissible to a seat in the Convention. No person shall be allowed to represent more than one parish or mission in the same Convention. Section 7. If any parish or mission shall neglect or decline to appoint delegates, or if any of those appointed shall neglect or be prevented from attending, such parish or mission shall nevertheless be bound by the acts of the Convention. Article IV Section 1 . The Convention shall be the sole judge of the election of its own members. It shall have power to adopt rules of order for its own government, elect officers and raise funds, and shall also have such other legislative powers as may be necessary and proper for the well-being of the Diocese. Section 2. The Convention shall have no power to pass any canon infringing the Episcopal Authority, or affecting the spiritual condition of the Diocese, Constitution against the express dissent of the Bishop stated at that or the ensuing annual Convention. This shall not prevent the Convention from offering independ- ently of the Bishop resolutions of advice or inquiry, or from any proceedings necessary for the purpose of impeachment. Article V To constitute a quorum, except in the case of the election of a Bishop under Article XII, the presence of one-third of all the clergy entitled to vote, and of one or more delegates from one-third of all parishes and missions entitled to representation in the Convention, shall be necessary. Any lesser number shall be competent to receive reports and to recess or adjourn. Article VI Section 1. Upon any question before the Convention, on the request of any clerical or lay delegate sustained by ten other delegates present and voting, the two orders shall vote separately. In all cases of a vote by orders each clerical member shall be entitled to one vote, and each lay delegate shall be entitled to one vote, and a concurrence of majorities of both orders shall be necessary to a decision. When no such division is called for, each member shall be entitled to one vote. Section 2. All elections shall be by ballot, unless otherwise unanimously ordered. Article VII Section 1 . Upon nomination by the Ecclesiastical Authority, the Convention shall annually elect a Secretary, who shall hold office until the next annual Convention, or until a successor is elected and qualified. Section 2. Should a vacancy occur in the office of Secretary, by death or otherwise, the unexpired term shall be filled by appointment by the Ecclesi- astical Authority. Section 3. The Secretary shall perform the duties prescribed by canon, and such other services as may be required by the Ecclesiastical Authority. Section 4. Upon nomination by the Ecclesiastical Authority, the Convention shall annually elect a Treasurer of the Diocese, who shall have such powers and perform such duties as may be prescribed by canon or required by the Ecclesiastical Authority. Section 5. The Secretary and the Treasurer shall be eligible to hold other offices in the Diocese either by election or appointment. Diocese of North Carolina Article VIII Section 1. The Standing Committee or Council of Advice to the Bishop, shall consist of five clergy of the Diocese and four members of the laity who are enrolled confirmed adult communicants in good standing. The term of office shall be for three years, with three members being elected at each annual Convention. No member of the Standing Committee shall be eligible for re- election until one year shall have elapsed following expiration of the term of office for which elected. Section 2. The Committee shall have power to fill any vacancy that may occur in its own body between the annual meetings of the Convention. Section 3. When there is no Bishop, the Standing Committee shall be the Ecclesiastical Authority of the Diocese, and as such may invite the temporary services of other bishops, and, for due cause, may change the time or place of the annual meetings of the Convention. It may also summon Special Conven- tions when there is no Bishop, and shall do so upon the call of one-third of the clergy of the Diocese, or of one-third of the parishes in union with the Convention, as appearing upon the lists of the Journal last before published. And although there be a Bishop, the Standing Committee shall have power to call Special Conventions for the purpose of proceedings relative to impeach- ment of a Bishop, and shall do so upon a similar requisition by the clergy or laity. Article IX Section 1 . Any 1 00 or more confirmed adult communicants in good standing of the Protestant Episcopal Church in the United States may organize themselves into a parish, and be received into union with the Convention, by taking such steps as may be provided for by canon. And the Ecclesiastical Authority of the Diocese may organize a mission in such manner as shall be provided by canon, in any part of the Diocese not included within the neighborhood of a parish in union with the Convention. Section 2. It shall always be competent for the Ecclesiastical Authority of the Diocese, with the written consent of the rector of any parish, a copy of which shall be filed with the Secretary of the Convention, to organize a mission within the neighborhood of said parish. The ministers of such a mission shall be independent of the rector and responsible only to the Ecclesiastical Authority. If the consent of the rector be denied, an appeal may be taken to the Bishop, whose decision, if with the advice and consent of the Standing Committee, shall be final. Section 3. In all parochial and mission elections only those shall be entitled to vote who are enrolled confirmed adult communicants in good standing, Constitution and who thereby consent to be governed by the Constitution and Canons of this Church as are or may be adopted by the General Convention, and the Convention of the Diocese pursuant thereto. Section 4. Any parish ceasing to be represented in the Convention for two successive years, or any parish resisting the authority of the Convention, may be suspended from the right of representation, or its connection with the Convention be dissolved, by a vote of a majority of all the clergy present and entitled to vote, and a majority of lay delegates present and entitled to vote. No such suspension or dissolution shall take place without previous inquiry by a committee appointed for the purpose, and a report upon the facts of the case; nor until 30 days' notice to the rector or vestry, or in the case there be none then to a member of the parish in default. Section 5. Any parish which receives aid from the mission funds of the Diocese and does not, for two consecutive years, pay its proportion of the salary of the minister serving it, shall be deprived of the right to vote in the Convention until such arrears be paid or remitted by the Convention. Section 6. Any parish or mission which shall fail to observe and comply with the conditions and requirements of Title I, Canon 8, of the General Conven- tion relative to the Church Pension Fund, shall be deprived of the right to vote in the Convention until its obligation is fully discharged. Section 7. Each parish and mission shall pay its proportionate share of ( 1) the stipends of the Bishop and any other bishops serving in this Diocese, together with the necessary expenses of that office, (2) the necessary expenses of the Convention and the officers and entities of the Diocese established by this Constitution, (3) any obligation of this Diocese mandated by the Constitution or Canons of General Convention, and (4) the necessary expenses of deputies from this Diocese to the General Convention and the Synod of the Fourth Province. It is expected that each parish and mission will uphold the mission and ministry of the Diocese by accepting its share of the cost of diocesan programs. Article X Section 1. Any presbyter regularly called to the charge of a parish and entering thereupon, shall during the time of such charge, be held to be the rector of said parish. Section 2. Rectors are recognized as having, by virtue of their office, the exclusive regulation, under their canonical superiors, of all the spiritual concerns of the parishes they serve; as being entitled at all times to have Diocese of North Carolina access to the church building, and to open the same for the services or instruction of this Church, as they may deem proper; to call meetings of the vestry or congregation; when present, to preside in the same, and, in case of a tie, to cast the deciding vote. Article XI The Convention shall pass canons for the trial of members of the clergy. Article XII When a Bishop is to be elected the Convention shall vote by written ballot and separately by orders; and a concurrence on the same ballot of a majority of all the clergy including those not present who, if present, would be entitled to vote in the Convention and of a majority of all lay delegates representing the parishes and missions in union with the Convention and including those not present who, if present, would be entitled to vote, shall be necessary to an election. Article XIII No new canon, or change in an existing canon, shall be considered or adopted, without first having been submitted to and reported on to the Convention by its Commission on Constitution and Canons. Nor shall the same be adopted on the day on which proposed, except by a two-thirds vote of those entitled to vote at that Convention. Article XIV This constitution may be altered or amended only upon: (a) The concurrence of a majority of both orders who are present and entitled to vote at the annual Convention at which the alteration or amend- ment is proposed, voting separately by orders; and (b) The adoption of the proposed alteration or amendment at the next ensuing annual Convention by the concurrence of a majority of both orders who are present and entitled to vote, voting separately by orders. At this Convention the consideration of a proposed amendment may be postponed to the next annual Convention by a vote of two-thirds of both orders present and entitled to vote, not voting by orders unless required under the provision of Article VI. Article XV [Amended on Second Reading in 1991] All constitutional and canonical enactments shall take effect from and after the adjournment of the Convention at which they shall have been ratified or adopted. Canons Canon 1 Members of Convention Section 1. Clergy. Before the opening of the annual Convention or of a Special Convention, the Secretary shall apply to the Ecclesiastical Authority for a list of clergy entitled to seats, and shall receive such list at least 1 20 days before the opening of an annual Convention, or 60 days before a Special Convention. From this list the Secretary shall prepare, at least 90 days prior to the annual Convention and 30 days prior to a Special Convention, and publish from this list the official clergy roll of the Convention (showing names, addresses, and telephone numbers), which roll shall he prima facie evidence of the right to seats therein. After the Secretary's publication of the roll, the Ecclesiastical Authority may certify to the Secretary additional clergy entitled by the Constitution to seat and vote in the Convention until one hour prior to the opening session of the Convention. 