THE EPISCOPAL
DIOCESE OF NEVADA
CANON I
The Ecclesiastical Authority
Section 1. (a) The Ecclesiastical Authority of the Episcopal Diocese
of Nevada shall be vested in and exercised by the Diocesan Bishop and
the Standing Committee in accordance with the Canons of the Episcopal
Church.
(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.
Section 2: (a) Whenever the Diocesan Bishop shall leave the Diocese for
a period of more than three (3) successive calendar months, the Bishop
Coadjutor, together with the Standing Committee of the Diocese shall be
the Ecclesiastical Authority thereof during such absence, or in the absence
of a Bishop Coadjutor, the Suffragan Bishop, and if there be neither Bishop
Coadjutor nor Suffragan Bishop, then the Standing Committee of the Diocese,
alone.
(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 3: The Diocesan Bishop is the Chief Pastor of the Diocese and
may officiate in the services of the Church within any congregation or
elsewhere in the Diocese.
Section 4: The Diocesan Bishop is the Ordinary of all religious and benevolent
organizations of the Church within the Diocese and may attend and preside
at any of their meetings and has power of review of their proceedings.
Section 5: All controversies between congregations of the Diocese or clergy
thereof, or between a parish or its vestry and its rector; or between
persons adversely claiming to be members of the vestry of a parish, shall
be referred for determination to the Ecclesiastical Authority, whose judgment
shall be final.
CANON II
Diocesan Council
Section 1: There shall be a Diocesan Council, whose duty it shall be
to carry out the program and policies adopted by the Diocesan Convention.
Section 2: The Diocesan Council shall be accountable to the Diocesan
Convention and shall render a full report concerning the work with which
it is charged to each regular meeting of the said Convention.
Section 3: The Diocesan Council shall be composed of: (a) six (6) lay
persons, who are confirmed adult communicants in good standing of some
parish congregation in canonical union with the Diocese, (b) four (4)
lay persons between thirteen (13) and nineteen (19) years of age and communicants
in good standing of some parish congregation in canonical union with the
Diocese, and three (3) clergy, who are canonically resident in the Diocese,
(c) the Diocesan Bishop; and in the absence of a serving Diocesan Bishop,
the President of the Standing Committee; and (d) the following ex-officio
members: any Bishop Coadjutor, Suffragan Bishop, or Assistant Bishop serving
in the Diocese, the Treasurer, the Secretary of Convention, and the Chancellor.
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.
(b) Any person having served two (2) full terms shall not be re-elected
to any Diocesan office until a lapse of one (1) year, except
for the youth members of Council, who may serve three (3) terms before
being ineligible for election to any Diocesan office until a lapse of
one (1) year.
(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 10: A majority of the elected members of the Council shall be
necessary to constitute a quorum at any meeting of the Council. No action
shall be taken in the name of the Council except when a quorum, so defined,
is present and voting.
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.
CANON III
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) 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.
Section 2: (a) Whenever the Diocesan Bishop shall leave the Diocese for
a period of more than three (3) successive calendar months, the Bishop
Coadjutor, together with the Standing Committee of the Diocese shall be
the Ecclesiastical Authority thereof during such absence, or in the absence
of a Bishop Coadjutor, the Suffragan Bishop, and if there be neither Bishop
Coadjutor nor Suffragan Bishop, then the Standing Committee of the Diocese,
alone.
(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 3: The Diocesan Bishop is the Chief Pastor of the Diocese and
may officiate in the services of the Church within any congregation or
elsewhere in the Diocese.
Section 4: The Diocesan Bishop is the Ordinary of all religious and benevolent
organizations of the Church within the Diocese and may attend and preside
at any of their meetings and has power of review of their proceedings.
Section
5: All controversies between congregations of the Diocese or clergy thereof,
or between a parish or its vestry and its rector; or between persons adversely
claiming to be members of the vestry of a parish, shall be referred for
determination to the Ecclesiastical Authority, whose judgment shall be
final.
CANON II
Diocesan Council
Section 1: There shall be a Diocesan Council, whose duty it shall be to
carry out the program and policies adopted by the Diocesan Convention.
Section 2: The Diocesan Council shall be accountable to the Diocesan Convention
and shall render a full report concerning the work with which it is charged
to each regular meeting of the said Convention.
Section 3: The Diocesan Council shall be composed of: (a) six (6) lay
persons, who are confirmed adult communicants in good standing of some
parish congregation in canonical union with the Diocese, (b) four (4)
lay persons between thirteen (13) and nineteen (19) years of age and communicants
in good standing of some parish congregation in canonical union with the
Diocese, and three (3) clergy, who are canonically resident in the Diocese,
(c) the Diocesan Bishop; and in the absence of a serving Diocesan Bishop,
the President of the Standing Committee; and (d) the following ex-officio
members: any Bishop Coadjutor, Suffragan Bishop, or Assistant Bishop serving
in the Diocese, the Treasurer, the Secretary of Convention, and the Chancellor.
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.
(b) Any person having served two (2) full terms shall not be re-elected
to any Diocesan office until a lapse of one (1) year, except for the youth
members of Council, who may serve three (3) terms before being ineligible
for election to any Diocesan office until a lapse of one (1) year.
(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 10: A majority of the elected members of the Council shall be necessary
to constitute a quorum at any meeting of the Council. No action shall be
taken in the name of the Council except when a quorum, so defined, is present
and voting.
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.
CANON III
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.
(e) Should any vacancy occur in the Standing Committee through death
or resignation of a member, the Diocesan Council shall fill such vacancy
by the appointment of a suitable person to serve until a successor is
elected by the next Convention. The
Convention shall elect a suitable person to serve the portion of any
term which will remain unexpired.
(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 served two (2) consecutive terms in any of these
offices shall not be re-appointed or elected to any Diocesan office until
a lapse of one (1) year.
(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.
(c) The Chancellor of the Diocese shall be a confirmed adult communicant
in good standing of some parish congregation in canonical union with the
Diocese, learned in the law, and a member of the State Bar of Nevada.
The Chancellor shall be the legal advisor of the Diocesan Bishop and the
Convention and of all officers, committees and organizations of the Convention
and the Diocese. The Chancellor shall have seat, voice and vote at meetings
of the Convention, and shall be an ex-officio member of the Diocesan Council.
The Diocesan Bishop may appoint an Assistant Chancellor with seat and
voice, but no vote, at Convention. Should the office of Chancellor 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
appoint such commissions and committees as are necessary to conduct the
programs of the Diocese.
Section 6: The Board of Trustees of Galilee Episcopal Camp and Conference
Center, Inc., shall be elected as follows: Three (3) at-large members shall
be elected for a three (3) year term on a rotating basis in a manner determined
by the Annual Convention of the Episcopal Diocese of Nevada. Following Diocesan
Convention, four (4) at-large members will be nominated in a manner determined
by the Board of Trustees and confirmed by the Bishop; four (4) members shall
be appointed by the Bishop of the Episcopal Diocese of Nevada, and shall
include the Treasurer. One (1) member will serve as a liaison from the Standing
Committee and will be chosen by the Standing Committee. One (1) member of
the Board shall be appointed in a manner determined by the congregation
of Saint John's, Glenbrook. In the event of a vacancy on the Board of Trustees
resulting from death, resignation, incapacity or refusal to serve, the appointing
entity shall have the power to fill such vacancy.
CANON IV
The Convention
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 3: Every clergy member, of whatever order, who is actually and canonically
resident and who has a regular Diocesan or congressional assignment within
the Diocese, or who is canonically resident but not physically resident
in the Diocese by reason of serving on a military installation or at a veteran's
administration facility or federal correctional institution, and is performing
the duties of his or her office, and who is not under Ecclesiastical Discipline,
has the right to sit, speak
and vote in the Convention. This includes those clergy rostered in the Evangelical
Lutheran Church in America who have regular diocesan or congregational assignment
within this Diocese.
Section 4: (a) Lay members entitled to a seat and vote in Convention shall
be the wardens of the parishes and elected members from each parish. Unless
the congregation's representation is limited pursuant to Canon V.3.c., representation
shall be in the proportion of one (1) member for each fifty (50) confirmed
adult communicants in good standing or major fraction thereof; provided
that no parish shall be represented by less than one (1) nor more than (10)
elected delegates. Alternates for wardens and delegates shall also be elected.
(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, banking and real property.
Section 5: Members of religious orders under direction of the Diocesan Bishop
and resident within the Diocese may have seat, voice and vote in the Diocesan
Convention upon recommendation of the President of Convention and approval
of the majority of the delegates, lay and clergy, in attendance. Members
or religious orders so sealed shall be deemed Delegates at Large.
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 followed during the current session of the same,
subject to the approval of the Convention.
(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 also send
blanks for the certification of lay delegates.
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.
(b) When more than one office is to be filled from the same slate of candidates,
or there are more than two candidates in an election for one office, any
candidate receiving a majority of votes shall be deemed elected. If after
any two (2) consecutive ballots, no candidate has received a majority of
votes, the candidate receiving the fewest votes shall be dropped from the
ballot. No candidate shall be deemed elected unless such candidate shall
have received a majority of the votes cast. This process shall continue
until all offices have been filled.
(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.
(b)
Not later than one hundred twenty (120) days prior to the first
day of the Annual Convention, the Diocesan Bishop shall appoint a Resolutions
Committee. All resolutions to be considered by the Convention, other than
resolutions of a commendatory nature, shall be submitted to the Resolutions
Committee not less than ninety (90) days prior to the first day of Convention.
The Resolutions Committee may report any resolution submitted to the floor
of the Convention with its recommendation for action. The Resolutions Committee
may also decline to report any resolution to the floor of the Convention,
upon condition that the resolution be returned to the maker and that the
committee report to the Convention the action taken and the reason therefor;
however, nothing herewith shall prevent any resolution or substitute resolution
from being considered at a Convention provided that two-thirds (2/3) of
the voting members present and voting agree to such consideration. The report
of the Resolutions Committee, including the resolutions to be considered
by the Convention and its report of resolutions returned to their makers,
shall be submitted to the Secretary of Convention not later than sixty (60)
days prior to the first day of Convention, and the Secretary of Convention
shall cause copies thereof to be sent to each parish at least thirty (30)
days prior to Convention.
CANON V
Diocesan Asking
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
asking for two(2) consecutive months, representatives
of the congregation shall meet with two (2) members of the Diocesan Council
and lay the matter before them for report to the Diocesan Council at its
next regular meeting.
(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 shall be referred
to the Ecclesiastical Authority for review.
(c)
(1) In the event a parish congregation fails to pay the diocesan asking
and the parish fails to pay at least two-thirds of its
diocesan asking for the prior fiscal year, it shall be allowed representation
in Convention of not more than one (1)
clerical and one (1) lay delegate. This section shall take precedence over
Canon IV.4.a., if applicable.
(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 absence or
tardiness of such notice.
(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).
CANON VI
Diocesan Endowment Fund
Section 1: The diocesan endowment fund shall consist of such donations and
contributions as shall be made thereto.
Section 2: All monies and securities belonging to this fund shall be administered
by the Standing Committee for the benefit of the Episcopal Diocese of Nevada.
Section 3: The income from the fund may be made available for use as requested
by the Diocesan Council, the Standing Committee, and/or the Convention.
CANON VII
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.
CANON VIII
Election of a Bishop
Section 1: The election of a Diocesan Bishop, or of a Bishop Coadjutor,
or of a Suffragan Bishop, for this Diocese shall be made at the annual
session of the Convention, or at a special session called for that purpose,
provided that, at least sixty (60) days before the time of such special
or annual meeting, a notice be sent in writing by the Secretary of the
Standing Committee to every clergy member who is a member of the Convention,
and to every senior warden of the parishes canonically in union with this
Diocese. This notice shall state the purpose, time and place of the proposed
election.
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
episcopate shall be determined by the Constitution and Canons of the Episcopal
Church.
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.
CANON IX
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:
"To:
The Ecclesiastical Authority of the Episcopal Diocese of Nevada
"Sensible
to the truth of Christianity, desiring to increase
its influence in our lives and the lives of our families and neighbors,
and desiring to assume full congregational participation in and responsibility
for the life, governance and support of the work of the Episcopal Church
and the Episcopal Diocese of Nevada, do hereby petition to be
received as a parish congregation of the Episcopal Diocese of Nevada,
and we do hereby affirm and promise our conformity with the Constitution,
Canons, Doctrine and Discipline of the Episcopal Church and the Episcopal
Diocese of Nevada."
(b) The petition must be signed by all members of the group sixteen (16)
years of age or older. It must be accompanied by a list of families and
members showing age, sex, status (baptized, confirmed) and addresses;
a description of the community of locale intended to be served by the
parish, and support for the ministries and stewardship of the congregation
and members.
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.
Section 5: (a) A parish desiring to incorporate must notify the Ecclesiastical
Authority in writing and submit a copy of the proposed articles of incorporation
and bylaws. A parish must have the consent of the Ecclesiastical Authority
and approval of incorporation documents before proceeding. Subsequent amendments
to the Articles of Incorporation and the bylaws must be approved by the
Ecclesiastical Authority.
(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
(2) supporting a local ministry in a form and proficiency acceptable
to the Ecclesiastical Authority, or
(3) meeting established diocesan standards for support of the diocesan and
general church program, or
(2)
representing itself at Diocesan Convention; and when the vestry, having
been given notice of the failure of compliance and opportunity, fails to
negotiate an acceptable resolution of the matter, the Diocesan Bishop with
the consent of the Standing Committee shall report to the Convention recommending
to the Convention that the parish congregation should be dissolved.
(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 12: The congregations of the Diocese shall gather in four (4) geographic
regions. Such Mission Districts shall gather at least twice annually, for
programs of mutual and Diocesan interest, to develop joint mission strategy
and for education opportunities. Each Mission District may structure its
organization as seems most expeditious, but each Mission District is to
submit a report of its activities to the Convention.
CANON X
Membership
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.
CANON XI
Church Records
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
3: Each parish shall keep a list of its members, adult members, communicants
and adult communicants which shall be the basis of the Annual Parochial
Statistical Report. Letters of Transfer and Certificates of Membership
shall be issued and received insofar as possible, as outlined in the Canons
of the Episcopal Church.
CANON XII
Parochial Finances
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 of Nevada as a loss payee;
(c) Payment of the diocesan asking in accordance with the provisions of
Canon V.
Section
4: (a) Each congregation shall contribute annually a minimum of one
percent (1%) of its previous year's net disposable income to one or more
of the accredited seminaries in the Episcopal Church, of which at least
half (_) of the minimum shall be contributed to the Church Divinity School
of the Pacific.
(b) The net disposable income is defined as
the annual parish income subject to the diocesan asking.
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.
CANON XIII
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
members of the congregation, who have been regular contributors to the
income of the congregation for the six (6) months next preceding the meeting
of the congregation. A statement by any member of the Church that he or
she has contributed regularly to the income of the congregation, through
the open plate, shall be accepted as evidence of regular contribution
until the contrary be shown.
Section 3: Special meetings of the congregation may be called by a warden,
the rector, or any two (2) vestry members. Announcement of the time and
place and purpose of all such meetings shall be given at one (1) or more
public services of the Church next preceding such meeting.
Section 4: The rector shall preside at all meetings of the congregation;
but if such a one be not present, then a warden, or a vestry member, in
the order of seniority, shall preside.
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.
CANON XIV
Vestries
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.
Section 2: (a) The vestry shall consist of one (1) or two (2) wardens and
from four (4) to ten (10) others. The wardens and vestry members shall be
confirmed adult communicants in good standing and qualified electors of
the Parish. Nevada law precludes vestry members under 18 years of age from
voting on issues involving contracts between the parish and third parties,
investments, loans, banking and real property. A vestry majority for purposes
of voting on issues involving contracts between the parish and third parties,
investments, loans, banking and real property, shall consist of a majority
of all vestry members over 18 years of age present at the meeting at which
there is a quorum.
(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 process of one or two wardens either (a)
by election annually from its membership or, (b) the vestry elects one or
two wardens annually from its membership.
(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.
(f) In the event the office of warden becomes vacant during
the year, the vestry (or the rector, as appropriate) shall appoint one of
the members of the vestry to fill the position until the next annual meeting.
In the event of other vacancies in the vestry, the vestry shall appoint
a qualified member of the congregation to fill the position until the next
annual parish meeting.
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.
CANON XV
Ministry
Preamble: The following definitions are assumed in this Canon:
MINISTRY IS TO SERVE IN RESPONSE TO JESUS CHRIST, AND MEANS TO SHARE
GOD'S GIFTS WITH ONE ANOTHER. EACH BAPTIZED MEMBER IS A MINISTER AND SHARES
THE MINISTRY OF THE CHURCH.
MINISTRY IS EMPOWERED BY THE HOLY SPIRIT. (ACTS 2:1-4)
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
through which the congregation and members are empowered, enabled, and
authenticated for ministry.
Section 1: It shall be the duty of vestries of parish congregations and
of members of other congregations to cooperate with the Ecclesiastical
Authority to provide for the support of the total ministry of each congregation.
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.
An annual review of the performance of both parties shall be a normal element
of discipline in their cooperative endeavor.
(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:
(1) The vestry, in consultation with the Diocesan Bishop, shall
elect the rector; a rector shall not be called without prior
approval of the Diocesan Bishop in writing, or of the
Standing Committee if there by no Diocesan Bishop.
(2) The vestry shall set forth terms of employment
in a Letter
of Agreement and the terms shall comply with all diocesan
and Episcopal Church standards. They may include terms
for limited tenure or for review and possible renewal of the
call after a stated period of tenure. The terms of
employment must be reviewed annually and changed only
with the approval of the Diocesan Bishop. An agreement
between a rector and a vestry for specified tenure, and any resulting subsequent
termination of employment, shall be considered consistent with the provisions
of Canon III.19.1
of the Canons of the Episcopal Church.
(b) (1) The rector and vestry are expected to work and plan
together. An annual review of the performance of both
parties shall be a normal element of discipline in their
cooperative endeavor.
(3) The annual review referred to in this section shall be
reported to the Diocesan Bishop within thirty (30) days of
its completion.
(a) The rector, duly called and installed, shall be ex-officio a member
of the vestry with all rights of other members.
(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.
(e) (1) In the event the Diocesan Bishop considers the performance of a
rector to be unsatisfactory, the Diocesan Bishop shall first consult with
the rector and vestry of the parish concerned after which, if the Diocesan
Bishop so determines, the rector and Standing Committee shall
receive written notice of intent to dissolve the pastoral relationship.
A rector having received written notice of the intent by certified mail
or personal service, may within thirty (30) days thereof, appeal in writing
to the president of the Standing Committee for a hearing.
(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 be final; (2) the rector's employment shall not be
considered terminated until the proceedings and judgment of the Standing
Committee have been completed.
(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.
CANON XVI
Clergy Discipline
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.
(b) (1) Except when ordered by the Ecclesiastical Court of this Diocese
pursuant to the provisions of subsections 2 and 3 hereof, or unless otherwise
provided in this canon, all proceedings hereunder are confidential, except
that the name of the Respondent under investigation and the matter under
investigation may be disclosed to the Respondent and the persons whose services
or testimony are necessary in connection with the proceedings. When requested
by the Respondent, the hearing and the entire record and proceedings shall
be made public.
(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 that an investigation or
proceeding is pending against a member of the clergy, the procedural aspects
involved in such a proceeding, and the current status of the proceeding.
(3) When it is determined by the Court that information secured during the
course of any investigation or proceeding should, in the interest of justice,
be released or disclosed to prosecuting or other public authorities, the
President of the Court shall release to such prosecuting authorities or
other public officials any such information, facts or documents. When such
information is disclosed, the Respondent shall be notified of such disclosure.
Notice to the Respondent of the disclosure shall not be given when the agency
requesting the information certifies in writing that:
(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.
(a) A charge against a Priest or Deacon canonically resident in this Diocese
shall be in writing, verified and addressed to the Standing Committee. It
shall concisely and clearly inform the person as to the nature of and facts
surrounding each alleged offense and the specifications of each offense.
(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 Respondent is alleged to have committed
the offense;
(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.
(a) 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 and participating in
the disciplinary processes of this Church, to obtain assistance to formulate
and submit an appropriate charge and in obtaining assistance in spiritual
matters, if the alleged victim, spouse, parent or guardian so choose. Any
victim or complainant shall also be entitled to the counsel of an attorney
and/or advocate of their choice.
(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
with the President of the Standing Committee.
(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.
(i) In a case of a Priest or Deacon convicted in a criminal Court of Record
in a cause involving immorality, or against whom a judgment has been entered
in a civil Court of Record in a cause involving immorality, it shall be
the duty of the Standing Committee, if the Priest or Deacon is canonically
resident in this Diocese, to institute an inquiry into the matter. If the
conviction or judgment be established, the Standing Committee shall issue
a Presentment against the Priest or Deacon for Trial.
(j)
Within thirty (30) days after the filing of a charge, other than a charge
alleging a conviction in a criminal Court of Record in a
cause involving immorality or alleging the entry of a judgment in
a civil Court of Record in a cause involving immorality, the
Standing Committee in a cause involving immorality, the
Standing Committee shall convene to consider the charge. If after
such consideration the Standing Committee determines that an
offense may have occurred if the facts alleged be true, the
Standing Committee shall prepare a written general statement of
the charge and the facts alleged to support the charge and transmit
the same to the Church Attorney.
(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 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.
(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 of Sec.(n)(i), the action of the Standing Committee
shall be postponed until such time as there are sufficient members in office
to fulfill the voting requirements of this Section.
(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.
(p)
Promptly after the issuance of a Presentment, the Standing Committee shall
cause the original to be filed with the President of the Ecclesiastical
Trial Court with a true copy thereof served
upon the Bishop, the Respondent, the Church Attorney and each Complainant.
(q) If the Standing Committee votes not to issue a Presentment, then
that decision shall be in writing and shall include an explanation.
A copy shall be served upon the Bishop who shall file it with the Secretary
of the Convention, the Respondent, the Church
Attorney, each complainant, and unless waived in writing, the
victim.
(r) Prior to the issuance of a Presentment or a determination not to
issue a Presentment, as the case may be, the matter shall be
confidential, except as may be determined to be pastorally
appropriate by the Ecclesiastical Authority.
(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
be grounds for the dismissal of a Presentment unless such non- compliance
shall cause material and substantial injustice to be
done or seriously prejudice the rights of a Respondent as
determined by the Trial Court on motion and hearing.
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 elects
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.
(a) The Court shall appoint a Clerk, and if necessary Assistant
Clerks, for each trial or other proceeding. Clerk(s) shall be priests
or deacons or adult confirmed communicants in good standing of
this Church and shall serve at the pleasure of this Court.
(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
this Diocese to serve as Assessor. The job of Assessor is to
advise the court during the trial or any other proceeding before
the Court on matters of law, evidence or procedure, but not
doctrine.
(d) The Court shall appoint a Church Attorney who shall be a
confirmed adult communicant of some congregation in canonical union with
this Diocese and licensed to practice law in the State
of Nevada. The job of Church Attorney shall be to present the
proof in support of the Presentment at trial and to be the attorney
on behalf of the Standing Committee in all proceedings.
(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 the Respondent
is without funds to obtain legal counsel the Court may appoint counsel to
represent Respondent, in which event the expenses associated with the appointment
of counsel shall be paid by this Diocese.
(f) Each complainant and victim shall be entitled to be present
throughout and observe the Trial for each to be accompanied by
a person and counsel of their own choosing.
(g) The provisions of Canon IV.4 of the Canons of the Episcopal
Church shall apply to the Ecclesiastical Court of this Diocese.
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;
(3) A list of the names and street addresses of the witnesses the party
expects to call at the hearing; and
(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."
(h) The Trial Court shall maintain a record of its proceedings in each case
brought before it and the record shall be certified by the Presiding Judge
or member of the Court designated for that purpose by a majority vote. The
record shall include:
(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.
(d) (i) For a Judgment on an offense 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.
(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.
(j) The Judgment or acquittal and Sentence adjudged on a Judgment shall
be communicated promptly to the Bishop of the Diocese wherein the Trial
was held, the Ecclesiastical Authority, if there
be no Bishop, the Standing Committee, the Ecclesiastical Authority of the
diocese in which the Respondent is canonically resident, the Respondent,
each Complainant, and, unless waived in writing, the Victim.
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.
CANON XVII
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.
(d) Upon the adoption of any amendments to these Canons, it shall be the
responsibility of the Chancellor of the Diocese and the committee on Canons,
if one be appointed by the Diocesan Bishop, to edit the same to conform
and renumber the titles, sections and subparagraphs as need. The Chancellor
and the Committee shall also prepare an index and table of contents of these
Canons, which shall be considered descriptive and not interpretive. Such
editing and indexing shall be performed within sixty (60) days of the last
day of the Annual Convention and the edited Canons shall forthwith be submitted
to the Secretary of Convention for distribution to all congregations in
union or affiliated with the Diocese.
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
BISHOP OF NEVADA
/s/ Carl N. Tamblyn
SECRETARY OF CONVOCATION
Certified as amended by Subsequent Conventions of the DIOCESE OF NEVADA
up to October 10, 1998.
Attest:
/s/ Stewart C. Zabriskie
Stewart C. Zabriskie
BISHOP OF NEVADA
/s/ Dorothy Walrath
DOROTHY WALRATH
SECRETARY OF CONVENTION
Certified as amended by Subsequent Conventions of the DIOCESE OF NEVADA
up to October 13, 2002.
Attest:
_______________________________
The Rt.Rev. Katharine Jefferts Shori
BISHOP OF NEVADA
_______________________________
JoAnn Roberts Armstead
SECRETARY OF CONVENTION
Certified as amended by Subsequent Conventions of the DIOCESE OF NEVADA
up to October 11, 2003
Attest:
________________________________________
The Rt. Rev. Katharine Jefferts Schori
BISHOP OF NEVADA
___________________________________________
JoAnn Roberts Armstead
Secretary to Convention
Certified as amended by Subsequent Conventions of the DIOCESE OF NEVADA
up to October 14, 2004
Attest:
___________________________________
The Rt. Rev. Katharine Jefferts Schori
BISHOP OF NEVADA
__________________________________
JoAnn Roberts Armstead
SECRETARY TO CONVENTION
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