---The Episcopal Diocese of Nevada
THE EPISCOPAL DIOCESE OF NEVADA
The Ecclesiastical Authority
(b) As used in these Canons, the term "Diocesan Bishop" shall be understood to mean the Bishop exercising jurisdiction under the Constitution and Canons of the Episcopal Church.
(b) In the event of the death of the Diocesan Bishop, the Ecclesiastical Authority shall be determined in the order of preference set forth in subparagraph (a) of this section. If there be no Bishop Coadjutor, a special session of Convention shall be called, as soon as feasible, in accordance with Canon VIII.
Section 4: (a) The term of office of the members of the Council elected by the Diocesan Convention shall be three (3) years, except for the youth members of Council whose terms of office shall be one (1) year. Such terms shall commence at the adjournment of the Annual Convention at which the members of the Council are elected and terminate at the adjournment of the Annual Convention at which their successors are elected.
(c) Should any vacancy occur in the Council through death or resignation of a member elected by the Convention, the Council shall fill such vacancy by election of a suitable person to serve until a successor is elected by the next Convention.
Section 5: The Diocesan Council shall exercise all the powers of the Diocesan Convention between meetings thereof; to consider and review area programs; to initiate and develop such new work between meetings of the Convention as may be necessary; to prepare a program for presentation to the Convention; and to adopt an annual budget for each calendar year, which budget may be amended and shall be approved by the Convention.
Section 6: The Diocesan Council shall have power to expend all sums of money provided for in the budget, and also any money actually received by it in any year over and above the amount required for the budget of that year.
Section 7: The Diocesan Bishop shall preside at meetings of the Council or may delegate this responsibility to a member of the Council.
Section 8: The Council has the right to organize itself, subject to the provisions of this Canon, as necessary to effectuate the will of the Convention. This includes, but is not limited to, the right to adopt its own rules of procedure and to appoint ad hoc committees as deemed necessary.
Section 9: The Diocesan Council shall meet at least four (4) times each calendar year. Additional meetings may be called as the Diocesan Bishop deems necessary, or on the written request of any (6) members thereof. Meetings may be conducted by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other.
Section 11: Nevada law precludes the youth members of the Council under 18 years of age from voting on issued involving contracts between the Diocese and third parties, investments, loans, banking and real property. A council majority for such purposes of voting involving contracts between the Diocese and third parties, investments, loans, banking and real property, shall consist of a majority of all Council members over 18 years of age present at the meeting at which there is a quorum.
Section 12: Lay members of the Diocesan Council shall have seat, voice and vote in the Diocesan Convention and shall be termed Delegates at Large.
Other Officers and Bodies of the Diocese
Section 1: The Standing Committee:
(a) There shall be a Standing Committee which shall function with the Diocesan Bishop and other Bishops serving in the Diocese in matters as required by the Constitution and Canons of the Episcopal Church and by the Constitution and Canons of this Diocese. In addition to their canonical responsibility to serve as a Council of Advice to the Bishop, to advise and consent to alienation or encumbrance of property, to remission of judicial sentences, to election of bishops, for clergy to enter secular employment, to approve candidates for ordination, to receive notification of a bishop's resignation, to certify cases of abandonment of communion, to give testimonials for ordination, and to present for trial in cases of abandoning ministry, the Standing Committee in the Diocese of Nevada is charged with sharing oversight with the Bishop of all financial reserves of the Diocese other than those of the annual budget. While the annual budget is the responsibility of the Diocesan Council, the Standing Committee is responsible for assets held beyond a budget year.
(b) The Standing Committee shall be accountable to the Diocesan Convention and shall make a report concerning the work with which it is charged to each meeting of the said Convention. The Standing Committee may discharge the work with which it is charged by the consent of a quorum of its members obtained through written balloting, telephonic conferences or similar methods of communication, either conducted as a body or seriatim. A majority of members of the Standing Committee shall constitute a quorum, and a majority of a quorum so convened shall be competent to act unless the Canons shall require a larger number.
(c) The Standing Committee shall be composed of three (3) lay persons, who are confirmed adult communicants in good standing of some parish congregation in canonical union with the Diocese, and three (3) clerical members canonically resident in the Diocese. The term of office shall be three (3) years on a staggered basis. One (1) clergy member and one (1) lay person shall be elected each year at the Annual Convention for three (3) year terms to fill expiring terms. Such terms shall commence at the adjournment of the Annual Convention at which the members of the Standing Committee are elected and terminate at the adjournment of the Annual Convention at which their successors are elected. As soon as practicable after adjournment of each Annual Convention, the Standing Committee shall meet and shall elect a president and a secretary from among its members either clerical or lay. The Secretary shall keep a record of all the proceedings of the Standing Committee, which shall be open at all times to inspection by the Bishop of the Diocese, and shall give a report of their actions to each Annual Convention.
(d) Any person having served two (2) full terms shall not be re-elected to any Diocesan office until a lapse of one (1) year.
(f) Lay members of the Standing Committee shall have seat, voice and vote in the Diocesan Convention and shall be termed Delegates-at-Large.
Section 2: (a) There shall be a Secretary of Convention, a Chancellor
and a Treasurer appointed by the Diocesan Bishop and their appointment
confirmed by majority vote by the Diocesan Convention. The Secretary,
Chancellor and Treasurer shall serve staggered terms of three (3) years
each. Any person having
(b) The Secretary of Convention shall be a confirmed adult communicant in good standing of some congregation in canonical union with the Diocese. The Secretary's duty shall be to gather and have in safe keeping journals, pamphlets, reports and other documents belonging to the Diocese. The Secretary shall be the registrar and historiographer of the Diocese, unless other persons are appointed to these offices by the Diocesan Bishop with the approval of Convention. The Secretary shall have seat, voice and vote at meetings of Convention, and shall be an ex-officio member of the Diocesan Council. Should the office of Secretary become vacant through death, resignation or dysfunction, the Bishop shall appoint and the Diocesan Council confirm by majority vote, a person to serve the remainder of the term. Such successor shall serve the remainder of the term and shall be eligible to serve two (2) full succeeding terms.
(d) The Treasurer of the Diocese shall be a confirmed adult communicant in good standing of some parish congregation in canonical union with the Diocese. The treasurer shall receive all monies collected under direction of the Convention, except in such cases as may be otherwise especially provided for. The Treasurer shall make an annual report to the Convention of all monies and other property entrusted to the Diocesan treasury, which accounts shall be fully audited as ordered by the Canons of the Episcopal Church. The Treasurer shall have seat, voice and vote at meetings of the Convention, and shall be an ex-officio member of the Diocesan Council. Should the office of Treasurer become vacant through death, resignation or dysfunction, the Bishop shall appoint and the Diocesan Council confirm by majority vote, a person to serve the remainder of the term. Such successor shall serve the remainder of the term and shall be eligible to serve two (2) full succeeding terms.
Section 3: There shall be an Ecclesiastical Court constituted as provided in Canon XVI of these Canons.
Section 4: At each Annual Convention the Diocesan Bishop, with the concurrence of the Convention, shall appoint a Commission on Ministry which shall consist of six (6) clergy members, six (6) lay members, all of whom shall be communicants in good standing and canonically resident within the Diocese. The duties of this committee shall be those prescribed by the Canons of the Episcopal Church.
Section 5: The Diocesan Bishop with consent of the Diocesan Council shall
Section 6: The Board of Trustees of the Galilee Episcopal
(a) Three (3) members at large shall be elected
(b) Three (3) members shall be appointed for
(c) Three (3) members, including the Treasurer,
(d) One (1) member shall be appointed in a
In the event of a vacancy on the Galilee Board
2. Canon III is amended to add Section 7 to read as follows:
Sec.7 The Diocesan Review Committee.
(a) There shall be a Diocesan Review Committee to be elected at the Annual Diocesan Convention by ballot of the concurrent votes of the members of both clergy and laity as hereinafter provided. The Diocesan Review Committee shall perform the functions and have the powers and responsibilities given to a Committee of that name by Title IV of the Canons of General Convention relating to the ecclesiastical disciplinary process.
(b) The Diocesan Review Committee shall consist of three (3) Clergy actually and canonically resident in the Diocese and two (2) lay members of the Church actually resident in the Diocese. Each member shall serve for a term of three (3) years, with the terms to be staggered so that at least one (1) new member of the Committee shall be elected each year. In case of a vacancy, the Standing Committee shall appoint an individual of the same Order (lay or clergy) to serve until the next Diocesan Convention, at which time the Convention shall elect a person of the same order for the remainder of the term. No person may serve more than two (2) full terms consecutively.
(c) As soon as practicable after adjournment of each Annual Convention, the Diocesan Review Committee shall meet and shall elect a president and a secretary from among its members either clerical or lay who shall serve for a period of one (1) year, with the right to succeed herself or himself. The Secretary shall keep a record of all proceedings of the Diocesan Review Committee.
(d) No person shall at the same time serve as a member of the Diocesan Review Committee, the Ecclesiastical Trial Court, or the Standing Committee.
Section 1: There shall be an Annual Convention. The time and place of the Annual Convention shall be designated by Convention two years in advance. The Diocesan Bishop with consent of the Standing Committee may change the time and place of meeting.
Section 2: Every Convention shall consist of clergy and laity.
Section 4: (a) Lay members entitled to a seat and vote in Convention
(b) Lay members of the Convention shall be communicants and qualified electors of the congregation, which they represent. Elected members shall be chosen at the annual meeting of the parish by the qualified electors of the congregation, or in default of such election, by the vestry. If there be no election as provided above, or if for other reason the representation shall fall below the canonical quota, the rector, or regional vicar, or senior warden, if there is no rector or regional vicar, may appoint delegates, or in default of such action, the Diocesan Bishop may appoint them.
(c) Each congregation shall also be entitled to two (2) additional representatives
who are youth lay persons between 13 and 19 years of age and communicants
in good standing within the congregation. Youth representatives shall
be elected by the congregation in the same manner provided herein for
other lay members. The youth members shall be entitled to seat, voice
and vote in the Convention. Nevada law precludes youth members under 18
years of age from voting on issues involving contracts between the Diocese
and third parties, investments, loans,
Section 6: (a) The Diocesan Bishop shall be the President of Convention,
and shall have all the rights and privileges of any other clerical member.
The Diocesan Bishop shall take order for all services of worship and for
devotions in connection with the meetings of Convention, and shall appoint
an Order of Business to be
(b) In the absence of the Diocesan Bishop, the following shall serve as President of the Convention, in order of preference: the Bishop Coadjutor, the Suffragan Bishop, or the President of Standing Committee.
Section 7: At meetings of the Convention the clergy and laity shall deliberate and vote as one body except as otherwise provided in the Constitution and Canons of the Diocese and in the Constitution and Canons of the Episcopal Church.
Section 8: The Secretary of the Convention shall take charge of all papers
of the Convention, and shall take minutes of the proceedings and have
them preserved in a Journal of Convention. The Secretary of the Convention
shall, one month before the Annual Convention, notify all clergy and the
senior warden of each parish of the time and place of such meeting, and
of the number of delegates to which each parish is entitled; and shall
Section 9: The Convention fiscal year shall end on December 31.
Section 10: The President of the Convention shall appoint such regular committees as may be deemed necessary to facilitate the preparation and work of the Convention.
Section 11: (a) Except as provided herein, all elections in the Convention
shall be by written ballot.
(c) When there is only one candidate for any office, the election may be by voice vote.
(d) These provisions shall not apply to the election of bishops, which shall be governed by Canon VIII.
Section 12: It shall be the duty of the Secretary to cause to be published as soon as practicable after Convention a copy of its proceedings and the Diocesan Bishop's annual address or report.
Section 13: (a) (1) By the Feast of Epiphany, following each Annual Convention, the Diocesan Bishop shall appoint a Convention Planning Committee consisting of clergy and lay persons and appoint a Convention Arrangements Committee generally consisting of person in the parish hosting the convention.
(2) The Convention Planning Committee shall act as the dispatch of business committee of the Convention.
Section 1: The diocesan asking shall be the asking of the Diocese from its congregations for the support of the diocesan administration and program, and the Episcopal Church, as determined by convention.
Section 2: It shall be the duty of every congregation to pay into the diocesan treasury each month a proportionate share of its diocesan asking.
Section 3: (a) In the event any congregation shall fail to meet its diocesan
(b) The Diocesan Council shall tender such assistance to the delinquent
congregation as it can. In the event such assistance by the Diocesan council
fails to rectify the particular situation, then the matter of the delinquency
of the congregation in question
(2) The rector, or if there be no rector then the wardens, of a parish
to which this section applies shall be notified by the Ecclesiastical
Authority not less than sixty (60) days prior to the first day of Convention.
The limitation set forth in this section shall not be effective in the
(3) A parish to which this section applies and which has received timely notice of same, may make application to the Ecclesiastical Authority for a hearing, and upon good cause shown for such failure, the Ecclesiastical Authority may waive this provision and allow the applicant parish to have its full representation at Convention.
Section 4: (a) If any congregation shall fail to pay its diocesan asking for any prior fiscal year, such deficiency shall be considered an outstanding obligation of such congregation to the Diocese.
(b) Representatives of the congregation shall meet with two (2) members of the Diocesan Council to arrange for methods by which such obligation shall be paid. (Any payment received by the Diocese from such congregation shall be first applied to the current monthly obligation. The balance, if any, shall then be applied to any unpaid monthly obligations of the current fiscal year and any balance then remaining shall be applied to any prior fiscal year obligation).
Diocesan Endowment Fund
Section 1: The diocesan endowment fund shall consist of such donations
and contributions as shall be made thereto.
Section 3: The income from the fund may be made available for use as
Representation in General Convention
Section 1: At the Annual Convention of the year next preceding the General Convention, the Convention shall elect not more than four (4) clergy Members and four (4) lay persons to represent the Diocese at General Convention and not more than four (4) clergy members and four (4) lay persons as alternates.
Section 2: The clerical deputies and alternates shall be presbyters and/or deacons canonically resident within the Diocese. The lay deputies and alternates shall be confirmed adult communicants of a parish in canonical union with the Diocese.
Section 3: In the absence or non-attendance of a deputy, the alternates, in the order of their election, shall act for such Deputies.
Section 4: Any vacancy in the representation of the Diocese in General Convention which cannot be filled by an alternate, shall be filled by appointment of the Diocesan Bishop.
Section 5: Deputies and alternates to General Convention are ex-officio deputies and alternates to Provincial Synod.
Election of a Bishop
Section 2: Prior to the meeting of such Convention, a nominating committee
consisting of three (3) clergy members and three (3) lay persons shall
be appointed by the Ecclesiastical Authority to receive and make nominations
to the Convention. Nominations may also be made from the floor in open
Convention. Qualification for election to the
Section 3: Elections shall be made in the following manner:
(a) After nominations have been received, the clergy and laity, in executive session and voting by orders, shall choose some qualified member of the clergy for the office.
(b) A quorum for the election of a Diocesan Bishop, or Bishop Coadjutor, or Suffragan Bishop shall be: (1) a majority of the clergy members entitled to vote; (2) a majority of the lay representatives entitled to vote; and (3) a majority of the parishes entitled to representation.
(c) A concurrent majority in each order shall be necessary for election.
Parishes and Congregations
Section 1: (a) A group of persons desiring to become and be recognized
as a parish congregation of the Episcopal Diocese of Nevada shall petition
the Diocese in the following form:
"Sensible to the truth of Christianity, desiring to increase
(b) The petition must be signed by all members of the group sixteen
Section 2: The Ecclesiastical Authority shall present their recommendations concerning the petition to the Diocesan Convention where the matter shall be decided.
Section 3: Upon receipt of formal notice of consent of Convention, the Parish shall be organized at a public meeting at which the Diocesan Bishop of Bishop's representative shall preside. All adult members shall be given notice of said meeting at least thirty (30) days in advance. Members shall organize and elect a vestry, or organize under Canon XIV.5 if applicable, and may establish bylaws as they see fit, providing said bylaws recognize the precedence of the Constitution and Canons of the Episcopal Church and the Episcopal Diocese of Nevada, and are approved by the Ecclesiastical Authority.
Section 4: The title to all property of a parish congregation shall be vested in the diocesan corporation known as the Episcopal Diocese of Nevada, with the exception of a parish chartered under Section 5 of this Canon.
(b) An incorporated parish may hold title to property in which case the title shall read: "The (rector), wardens and vestry of (N) parish in trust for (N) Parish of the Episcopal Diocese of Nevada . . . "
(c) An incorporated parish may, upon agreement of the vestry and the Ecclesiastical Authority, become an unincorporated parish, in which case the title to all property shall then be transferred to the diocesan corporation known as the Episcopal Diocese of Nevada.
Section 6: (a) No real property of a parish congregation, whether or not incorporated, shall be sold, liened, hypothecated or otherwise alienated without written consent of the Ecclesiastical Authority.
(b) The proceeds of any casualty insurance policy covering such real property shall be considered real property for the purposes of this canon.
Section 7: (a) The Diocesan Bishop, with consent of the Standing Committee, may recommend to the Diocesan Convention that a parish congregation should be dissolved when, for reasons of ministry strategy, the area served can be better served by an alternative structure.
(b) When in the opinion of the Diocesan Bishop acting with the advice and consent of the Standing Committee, a parish does not comply with its obligations as a parish congregation in:
(1) conforming to the Constitution and Canons, Doctrine and Discipline of this Church, or
(3) meeting established diocesan standards for support of the diocesan and general church program, or
(3) representing itself at Diocesan Convention; and when the vestry,
having been given notice of the failure of compliance and opportunity,
fails to negotiate an
(c) Convention shall take action on said recommendation.
Section 8: Upon dissolution of a parish, the title to all property not already held by the Diocese shall vest automatically and forthwith with the diocesan corporation known as the Episcopal Diocese of Nevada, and any parochial corporation which may have been chartered by the State of Nevada shall be dissolved.
Section 9: Any remnant of a dissolved parish may petition the Ecclesiastical Authority to continue as a parish congregation by submitting a plan of reorganization to the Ecclesiastical Authority and following Sections 1 through 4, above.
Section 10: Two or more parish congregations may be joined to form one parish by submitting their plan of union to the Ecclesiastical Authority and following Sections 1 through 4, above.
Section 11: A congregation of Christian people using a rite other than that set forth in the Book of Common Prayer (1979) and desiring affiliation with this Church while continuing to use their own rite, may make application in accordance with Canon I.16.1 of the Canons of the Episcopal Church.
Section 1: (a) All persons who have received the sacrament of Holy Baptism with water in the name of the Father and of the Son and of the Holy Spirit, whether in this Church or in another Christian Church, and whose baptisms have been duly recorded into this Church are members thereof.
(b) All members of this Church who have received Holy Communion in this Church at least three times during the preceding year are communicants of this Church.
(c) For the purpose of statistical consistency in this Diocese, members and communicants sixteen (16) years of age and over shall be considered adults.
(d) All communicants of this Church who for the previous year have been faithful in corporate worship, unless for good cause prevented, and have been faithful in working, praying, and giving for the spread of the Kingdom of God, are to be considered communicants in good standing.
Section 1: Rectors, or if there be no rector, the wardens, shall be custodians of the parish register and other records. An administrator may be appointed by the vestry to exercise this responsibility.
Section 2: A record of all public services shall be kept, in which shall
be noted place, date, and nature of each service, the attendance, and
if the service be the Holy Communion, the number of persons communicating.
Section 1: The fiscal year shall begin January 1.
Section 2: At the close of each year all accounts having to do with the receipts or expenditure or investment of money of Church organizations shall be audited by an accountant licensed in the state of Nevada, or a three (3) member committee of the vestry.
Section 3: The annual budget of every parish shall contain, in addition to the amount agreed upon to be paid as clerical salary and pension premiums, sums adequate for the following:
(a) Public liability insurance procured from an insurance carrier approved by the Diocese combined single limit coverage of at least $1,000,000.00 and naming the parish or parochial corporation, and the diocesan corporation known as the Episcopal Diocese of Nevada, as insureds;
(b) Casualty insurance procured from an insurance carrier approved by
the Diocese providing full replacement cost coverage for personalty and
fixtures, and complete repair or rebuilding coverage for real property
improvements; such insurance shall name the diocesan corporation known
as the Episcopal Diocese
(c) Payment of the diocesan asking in accordance with the provisions
of Canon V.
(b) The net disposable income is defined as the annual parish income
Section 5: Every congregation shall every month send to the diocesan office a detailed statement of its receipts and disbursements for the prior month.
Section 6: On or before January 31, of each year, each congregation shall send to the diocesan office a copy of the budget adopted by it for the ensuing year and the annual parochial report in the form prescribed by General Convention.
Section 7: On the occasion of the Diocesan Bishop's annual visitation to a congregation, the offering not otherwise specially designated shall be given to the Bishop for discretionary use in the work of the Diocese.
Annual Meetings and Reports
Section 1: There shall be an annual meeting of every parish before January 31, for the election of delegates to Convention and of a vestry, for receiving reports, and for such other business as it may lawfully transact.
Section 2: The qualified voters of the congregation shall be all adult
Section 4: The rector shall preside at all meetings of the congregation; but if the rector is not present, then a warden, or a vestry member, in the order of seniority, shall preside (Amended 2003).
Section 5: At the annual meeting of every parish a report on the State of the Cure shall be made by the presiding officer. Such report shall include the membership list of the parish as recorded according to Canon XI.3.
Section 6: At the annual meeting the treasurer of the parish shall report the receipts and disbursements for the year previous. Financial reports of all the organizations of the congregation shall also be made.
Section 1: (a) The vestry, in cooperation with the Ecclesiastical Authority, and in compliance with applicable diocesan policies, practices and standards, shall provide for the regular corporate worship and sacraments for the congregation; for the support and enablement of the ministries of its members; and for the stewardship of the resources of the congregation.
(b) The provisions of this section are not intended to contravene the provisions of Canon XV.
(b) The number of wardens and vestry within these limitations shall be determined by the congregation at an annual meeting, unless parish bylaws provide otherwise.
Section 3: Unless approved parish bylaws (see Canons IX.3 and IX.5) provide otherwise, the selection of vestry members shall be as follows as determined by the congregation at an annual meeting.
(a) Wardens shall be selected as follows: (1) If there is a rector, one
warden shall be appointed by the rector from the vestry membership unless
the rector agrees to elect as follows: (2) The congregation, at an annual
meeting, determines the election
(b) Other vestry members shall be elected by the congregation for three (3) year terms with terms appropriately staggered.
(c) A member may serve no more than six (6) consecutive years on the vestry.
(d) The vestry shall appoint annually a clerk and a treasurer who need not be members of the vestry.
(e) The vestry selects either a warden or the rector as its presiding officer. Said officer then presides at vestry meetings and at meetings of the congregation.
Section 4: At least six (6) regular meeting of the Vestry shall be held annually at stated intervals and at a time and place fixed by the Vestry. Special meetings may be called by the Diocesan Bishop, the rector, a warden or any two (2) members of the Vestry, care having been exercised to give all members not less than one (1) week notice thereof. The Vestry may not take formal action except at a regularly scheduled meeting or properly noticed special meeting and with a majority of all members present.
Section 5: (a) Parish congregations with fewer than forty (40) adult members and wishing to dispense with the organization of a vestry may elect to conduct the affairs of the congregation at a series of not fewer than four (4) congregational meetings annually. Such meetings shall exercise the full responsibility and authority of a vestry as set forth in Section 1 and 4 of this Canon and as hereinafter provided.
(b) The congregation may function as a vestry at meetings regularly scheduled or called provided that at least half of the adult members of the congregation are present.
(c) The congregation shall elect warden(s) at its annual meeting in accordance with Section 2 and 3 of this Canon. The congregation shall also elect a parish treasurer and a parish clerk.
Preamble: The following definitions are assumed in this Canon:
IT IS ENABLED BY GOD'S GIFTS. (1 CORINTHIANS 12; EPHESIANS 4)
IT IS AUTHORIZED BY CHRIST. (MATTHEW 28:18-20)
The congregation and Diocese working together are instruments
Section 1: It shall be the duty of vestries of parish congregations and
Section 2: It shall be the duty of the Ecclesiastical Authority of the Diocese, in cooperation with vestries, congregations and Mission Districts, to authorize and support ways through which the services of priests and deacons are available in all congregations.
Section 3: The Diocesan Bishop, where a parish is without a rector, may appoint particular clergy for the oversight and support in which case such clergy shall represent the Diocesan Bishop under the terms specified in their work and counsel with assigned congregations and clergy. Such clergy shall be ex-officio members of the Vestry of those congregations to which they are appointed.
(a) The clergy and Vestry are expected to work and plan together.
(b) The annual review referred to in this section shall be reported to the Diocesan Bishop within thirty (30) days of its completion.
Section 4: (a) A parish congregation meeting all its obligations and
able to provide for a salary and benefits meeting diocesan standards for
full-time employed clergy, may choose to call a rector, in which case
the following apply:
(2) The vestry shall set forth terms of employment in a Letter
(b) (1) The rector and vestry are expected to work and plan
(3) The annual review referred to in this section shall be
(b) The rector, duly called and installed, shall be ex-officio a member
(d) In the event of an unresolved dispute between the rector and vestry, the Ecclesiastical Authority shall decide the dispute and such decisions shall be final and binding on both parties.
(2) In the event of an appeal, (1) the Standing Committee must schedule
a hearing within sixty (60) days, and not less than thirty (30) days of
receipt of said notice, at a time convenient for the Diocesan Bishop.
After hearing the rector, the vestry and the Diocesan Bishop state their
positions, each in the presence of the other, the Standing Committee shall
make a judgment and its judgment shall
(f) Whenever the rectorship of a parish shall become vacant, it shall be the duty of the Warden to give immediate notice of such vacancy to the Diocesan Bishop, who shall appoint a priest to fill the duties of the cure until a rector shall be elected, the cost thereof to be paid by the parish.
Section 1: A member of the clergy, other than a Bishop, may be presented for trial in this Diocese upon the grounds set forth in Canon IV.1 of the Canons of the Episcopal Church.
Section 2: (a) Disciplinary proceedings under this canon are neither civil nor criminal but ecclesiastical.
(2) When an investigation or formal proceeding concerns a subject matter
which has become generally disseminated to the public and in which confidence
in the Church, the proceedings or the sacred ministry may be jeopardized
by strict adherence to the principles of confidentiality, the President
of the Court may release to the public the fact
(a) The request is made in furtherance of an ongoing investigation into misconduct of the member of the clergy;
(b) The information is essential to the investigation; and
(c) Disclosure to the member of the clergy of the existence of the investigation
would seriously prejudice that investigation.
(4) All participants in an investigation or proceeding shall conduct themselves so as to maintain the confidentiality mandated by this canon.
(5) Except in cases of dismissal, after a proceeding has become final and all appeals have either been exhausted or abandoned, the fact of the proceeding and the result thereof shall become public information.
Section 3: (a) A presentment to the Ecclesiastical Trial Court may be issued only by the Standing Committee as provided in this Canon.
(c) A charge against a Priest or Deacon canonically resident in this
Diocese shall be in writing, verified and addressed to the
(c) A charge may be made:
(1) by a majority of the lay Members of the Vestry of the Parish of the Respondent;
(2) by any three Priests canonically resident in this Diocese or canonically
resident in the Diocese wherein the
(3) by any three confirmed adult communicants in good standing in this Diocese or in the Diocese wherein the Respondent is alleged to have committed the offense;
(4) in a case where the alleged offense is in violation of Ordination vows involving the disregard or disobedience of a Pastoral Direction issued by a Bishop, only by that Bishop or the Ecclesiastical Authority of the Diocese, or by another Bishop if the Bishop who issued the Pastoral Direction has resigned, retired, died, or is unable to act;
(5) in a case where the offense alleged is a charge specifying the offense or crime, immorality or conduct unbecoming a Member of the Clergy, by any adult who is (i) the alleged victim, or (ii) a parent or guardian of an alleged minor victim or of an alleged victim who is under a disability, or (iii) the spouse or adult child of an alleged victim;
(6) in a case where the offense alleged is that of holding and teaching publicly or privately any doctrine contrary to that held by this Church, only by a majority of the members of the Standing Committee of this Diocese or of the Diocese wherein the Respondent is alleged to have committed the offense;
(7) by a majority of the Standing Committee of this Diocese or of the Diocese wherein the Respondent is alleged to have committed the offense whenever the Standing Committee shall have good and sufficient reason to believe that any Priest or Deacon has committed the offense; or
(8) by the Ecclesiastical Authority of the Diocese in which the Respondent is alleged to have committed the offense.
(d) If a complaint or accusation is brought to the Bishop by a person
claiming to be the alleged victim, or the spouse of an alleged victim,
or by the parent or guardian of an alleged victim who is minor or is under
a disability, of an offense of crime, immorality or conduct unbecoming
a member of the Clergy, the Bishop, after consultation with the alleged
victim, the alleged victim's spouse, or the alleged victim's parent or
guardian, may appoint an advocate to assist those persons in understanding
(e) Whenever the Bishop has sufficient reason to believe that any Priest or Deacon canonically resident in this Diocese has committed an offense and the interests and good order and discipline of the Church require investigation by the Standing Committee, the Bishop shall concisely and clearly inform the Standing Committee in writing as to the nature and facts surrounding each alleged offense and the specifications of each offense but without judgment or comment upon the allegations or guilt, and the Standing Committee shall proceed as if a charge had been filed.
(f) Any Priest or Deacon canonically resident in this Diocese, who deems himself or herself to be under imputation, by rumor or otherwise, of any offense or misconduct for which he or she could be tried in an Ecclesiastical Court, may be on his or her own behalf complain to and request of the Bishop that an inquiry with regard to such imputation be instituted. Upon receipt of such request by a Member of the Clergy, it shall be the duty of the Bishop to cause the matter to be investigated.
(g) Any charge against a Priest or Deacon shall be promptly filed
(h) Upon the filing of a charge with the Standing Committee, the Standing Committee shall promptly communicate the same to the Bishop and the Respondent.
(k) The Church Attorney shall promptly make such investigation of the matter as the Church Attorney deems appropriate under the circumstances.
(l) Within sixty (60) days after receipt of the statement from the Standing Committee, unless delayed for good and sufficient cause stated, the Church Attorney shall render a confidential report to the Standing Committee of the findings of that investigation and as to whether or not an offense may have been committed if the facts disclosed by the investigation be found to be true upon Trial, and with a recommendation as to the matter in the interest of justice and the good order of this Church and based upon such other matters as shall be pertinent. The report of the Church Attorney shall be confidential for all purposes as between the Church Attorney and the Standing Committee. Provided, however, the Standing Committee shall share the report of the Church Attorney with the Bishop of the Diocese. 9 Amended 2003)
(m) (1) Within sixty (60) days after receipt of the Report of the Church Attorney, the Standing Committee shall convene to consider the Report and whether or not a Presentment shall issue.
(2) In its deliberations, the Standing Committee may consider the Church
Attorney's Report, responsible writings or sworn statements pertaining
to the matter, including expert's statement, whether or not submitted
by the Church Attorney.
(3) The Standing Committee shall issue a Presentment for an Offense when the information before it, if proved at Trial, provides Reasonable Cause to believe that (i) and Offense was committed, and (ii) the Respondent committed the Offense.
(n) (1) The voice of two-thirds of the members of the Standing Committee shall be required to issue a Presentment. Provided, however, that in the case of a Priest or Deacon charged with the Offense of Crime, a two-thirds vote of all the members of the Standing Committee shall be required to issue a Presentment for this Offense. No member shall disclose his or her vote or the vote of any member.
(2) In the event that, due to members who have been excused or vacancies
in office, the Standing Committee does not have sufficient voting members
to meet the requirements
(o) If a Presentment be issued, it shall be in writing, dated and signed by the President or the Secretary of the Standing Committee on behalf of the Standing Committee, whether or not that officer voted in favor of the Presentment. In the event that there be no President or Secretary, or they be absent, a member of the Standing Committee appointed for that purpose shall sign the Presentment. The Presentment also shall contain (i) a separate accusation addressed to each Offense, if there be more than one, and (ii) a plain and concise factual statement in each separate accusation which, without specific allegations of an evidentiary nature, asserts facts supporting every element of the offense charged and the Respondent's commission thereof with sufficient precision to clearly apprise the Respondent of the conduct which is the subject of the Presentment.
of the Ecclesiastical Trial Court with a true copy thereof served
(r) Prior to the issuance of a Presentment or a determination not to
(s) Upon the issuance of a Presentment or the determination that a Presentment will not issue, all further proceedings of the Standing Committee in the matter shall cease and terminate.
(t) Non-compliance with time limits set forth in the Canon shall not
Section 4: (a) The Ecclesiastical Trial Court of this Diocese shall consist
of five (5) judges with three (3) alternates. The judges and alternates
shall be confirmed adult communicants of some congregation in canonical
union with this Diocese. At least three (3) judges and one (1) alternate
shall be members of the clergy. The judges and alternates shall serve
terms of three (3) years. The judges and alternates shall be nominated
by the Diocesan Bishop and elected by the Diocesan Convention. The Court
shall annually elect its own presiding judge within two (2) months of
convention. Vacancies on the Court and challenges to its members shall
be governed by Canon IV.4 of the Canons of the Episcopal Church.
(b) The Court shall appoint a Clerk, and if necessary Assistant
(c) The Court may appoint a confirmed adult communicant of some congregation
in canonical union with this Diocese who is either practicing law in this
Diocese or is a judge of a court of record in
(d) The Court shall appoint a Church Attorney who shall be a
(e) The Respondent may appoint a confirmed adult communicant of some
congregation in canonical union with this Diocese who is licensed to practice
law in the State of Nevada to serve at Respondent's expense as Respondent's
counsel during all proceedings herein. If it appears to the Court that
(f) Each complainant and victim shall be entitled to be present
Section 5: (a) The fact of prior disciplinary proceedings or prior course of conduct may be stated in the Presentment, and after decision on the merits the record of prior disciplinary proceedings against the Respondent on similar evidence may be considered by the Court in the issue of penalties to be recommended. The Presentment shall be sufficiently clear and specific to inform the Respondent of the alleged misconduct.
(b) The Respondent shall file a written answer with the Presiding Judge of the Court within twenty (20) days after service of the Presentment, or shall be called upon by the Court to plead and the plea shall be duly recorded. In the event the Respondent fails to plead, the plea of not guilty shall be entered for the Respondent and the trial shall proceed. Respondent shall at all times during the trial, have the right to be present, to offer testimony and to make a defense.
(c) At the discretion of the Court, or upon the request of either party, a conference may be ordered for the purpose of obtaining admissions or otherwise narrowing the issues presented by the pleadings. The conference shall be held before the Presiding Judge of the Court or another member of the court designated by the Presiding Judge.
(d) Pre-trial Discovery and the Trial shall be governed by the Federal Rules of Civil Procedure in the conduct of the Trial.
(e) The Ecclesiastical Trial Court shall be governed by the Federal Rules of Civil Procedure in the conduct of the Trial.
(f) Not less than ten (10) days before the trial is scheduled to begin, each party shall serve on the other:
(1) A short statement of the facts expected to be proved at the hearing;
(2) Copies of all documents, items and things expected to be offered
into evidence at the hearing;
(4) A summary of the conclusions the party believes the evidence will support.
(g) (1) It is the duty of all members of this Church to attend and give evidence when duly cited in any ecclesiastical investigation or hearing under this canon.
(2) If in the course of an investigation or hearing under this canon, it becomes necessary to obtain documents, items or things, or the testimony of a witness, such may be obtained in the following manner:
(a) Upon a showing of good cause, the Presiding Judge of the Court may issue a subpoena duces tecum addressed to the person or entity having possession of such documents, items, or things, in the form issued by the courts of general jurisdiction in the State of Nevada.
(b) Upon a showing of good cause, the Presiding Judge of the Court may allow a deposition upon written questions to be taken in the manner and using the forms employed by the courts of general jurisdiction in the State of Nevada.
(3) Oaths may be administered by a member of the Court or by a notary public, and shall be in the following form:
"I, ____________, a witness in the hearing of a presentment against
_________, Respondent, do most solemnly call God to witness that the evidence
I am about to give shall be the truth, the whole truth, and nothing but
the truth, so help me God."
(1) Minutes of its meetings, hearings, sessions and orders;
(2) The documents, items and things offered into evidence;
(3) The testimony of witnesses, recorded either stenographically or electronically;
(4) Its findings, conclusions and recommendations.
(i) The proceedings need not be transcribed except upon the written request of a party to the proceedings. It shall be the duty of the party making such a request to arrange for and pay the cost of producing such transcript.
Section 6: (a) In all Ecclesiastical Trials, before a vote is taken on the findings and in the presence of the Respondent and counsel, counsel for the parties may submit requested proposed instructions. The Presiding Judge of the Ecclesiastical Trial Court, after consultation with the Lay Assessors, shall declare which of the proposed instructions shall be issued and also instruct the members of the Court as to the elements of the offense and charge them (i) that the Respondent must be presumed to be innocent until the Respondent's guilt is established by clear and convincing evident, and unless such standard of proof be met the Respondent must be acquitted, and (ii) that the burden of proof to establish guilt of the Respondent is upon the Church Attorney.
(b) A separate vote shall be taken first upon the findings as to the guilt of the Respondent.
(c) Voting by members of an Ecclesiastical Trial Court on the findings
shall be by Ballot. No member shall disclose his or her vote or the vote
of any member.
(ii) For a Judgment on any other offense not involving crime, immorality or conduct unbecoming a Member of the Clergy, the affirmative vote of two-thirds of the members of the Ecclesiastical Trial Court shall be necessary.
(e) The Presiding Judge shall cause the Respondent, the Church Attorney, each complainant, and unless waived in writing, the victim to be advised of and provided with a copy of the findings of the Court.
(f) No vote shall be taken on the Sentence to be adjudged until thirty days from the date the Respondent was advised of the Judgment during which period the Respondent shall have a reasonable opportunity to offer to the Court matters in excuse or mitigation.
(g) During the same period, the Court shall provide an opportunity for statements from complainants or victims to the Court pertaining to the Sentence to be adjudged and imposed.
(h) During the same period, the Church Attorney may make a recommendation to the Court as to the Sentence to be adjudged. The members of the Court shall vote upon the Sentence to be adjudge. The members of the Court shall vote upon the Sentence. No member shall disclose his or her vote or the vote of any member.
(i) The concurrence of two-thirds of the members of the Ecclesiastical Trial Court shall be necessary to adjudge and impose a Sentence upon a Respondent found guilty by the Court.
Section 7: The party's right of appeal shall be governed by the provisions of Canon IV.4 (B) of the Canons of the Episcopal Church.
Section 8: The Chancellor of this Diocese is the legal advisor to the Diocesan Bishop, and shall have no other or further role in the investigation or hearing of matters under this canon.
Amendments and Citations
Section 1: (a) These Canons may be altered or amended at any Annual Convention by a majority vote, provided that the proposed amendment has been submitted to the Secretary of Convention at least sixty (60) days prior to the meeting of Convention upon which the amendment is to be acted.
(b) Upon receipt of any proposed amendment to these Canons within the time above specified, the Secretary of the Convention shall cause copies thereof to be sent to each parish entitled to representation in Convention, at least thirty (30) days prior to Convention.
(c) These Canons and any amendments thereto subsequently adopted by the Convention of this Diocese shall take effect immediately on adoption.
Section 2: (a) These Canons shall be cited in the same manner as the Canons of the Episcopal Church. For example, this section shall be cited as "Canon XVII.2.a."
(b) These Canons may be cited by name or title. However, the names and titles are to be considered descriptive and not interpretive.
Certified as adopted by the Convention of the DIOCESE OF NEVADA, April 17, 1971.
/s/ William N. Wright
/s/ Carl N. Tamblyn
Certified as amended by Subsequent Conventions of the DIOCESE OF NEVADA up to October 10, 1998.
Certified as amended by Subsequent Conventions of the DIOCESE OF NEVADA up to October 11, 2003