Canons
The Canons
of The Gulf Atlantic Diocese
of The Anglican Church in North America
1 November 2010
Canon I
Election of a Bishop
Section 1. Parish vestries shall submit nominations to the Committee on Nominations no later than six months prior to the electing Synod. All nominations must include an acceptance of the nomination in writing by the nominee, and support of the nomination in writing by the vestry of the church in which the nominee is serving.
Section 2. The Committee on Nominations shall screen all names placed in nomination to determine whether the nominee meets the criteria established by the Synod and is compliant with ACNA Title III, Canon 8, Section 3. Through a prayerful process of discernment, the Committee shall arrive at a slate consisting of no more than two names. These names shall be published to the Delegates at the annual Synod.
Section 3. The Committee on Nominations shall create an opportunity for both candidates to visit deaneries and make presentations, for the benefit of the Delegates, as the Committee determines.
Section 4. At the electing Synod the candidates and their families shall be excused from the room for the purpose of open and constructive conversation by the Delegates. After no more than one hour of conversation, the candidates and their families will be invited into the Synod for a time of prayer and worship.
Section 5. Delegates shall vote for one of the two candidates presented. If one of the candidates receives two-thirds of the total delegate vote, he is elected and his name shall be sent to the College of Bishops for confirmation. If neither receives two-thirds of the total vote, delegates shall vote to: A) send both names to the College of Bishops for their choosing or B) reject both names. If both names are rejected, responsibility reverts to the Committee on Nominations. Within ninety days, the Synod shall reconvene for a new vote.
Section 6. Candidates from a first slate are not disqualified from inclusion on a second slate.
Section 7. Election may be done by Orders (lay and clergy), provided that two-thirds of those voting choose to do so. If voting by Orders, a two-thirds vote in each Order is required for election.
Canon II
Synod Delegates
Section 1. Clergy, in good standing, who are canonically resident in the Diocese, and actively engaged in the parochial, missionary, or educational work of the Church, under the Ecclesiastical Authority of the Diocese, shall be members of the Synod. Other clergy, in partnership with the Diocese, may be extended special rights at the Synod pursuant to Canon III.
Section 2. Lay delegates shall be elected by the vestry of the parish or by a meeting of that parish, as provided in the Parish bylaws. With the exception of the Senior Warden, delegates shall be elected for three-year terms; and, where the number of delegates permits, their three-year terms shall be staggered. No delegate who has been elected for two consecutive three-year terms shall be eligible for re-election as a delegate until one year after the term has expired.
The number of delegates for each congregation shall be as follows:
- The Senior Warden
- One additional delegate per 100 ASA (Average Sunday Attendance) from prior year.
For example: Under 100, Senior Warden only; 100-199, Senior Warden and one additional delegate), with a maximum of 6 delegates (including the Senior Warden). Each parish shall also elect such number of alternate delegates as it shall deem necessary. Each Rector shall appoint a Leader of Delegation whose specific duties shall be determined by the Rector. Laity from parishes in partnership with this Diocese, as specified in Canon III, shall be elected annually as specified by the formula above.
Section 3. The election of lay delegates and lay alternate delegates to the Synod shall be certified in writing by a Warden or two members of the vestry; and the certificate shall state the name, address and telephone number of each delegate and alternate and that each delegate and alternate delegate named in said certificate was chosen from the communicants of said parish. The certification form shall list all delegates elected by the parish, whether newly elected or in their second or third year of term. The certificate shall be furnished to the Secretary of the Synod not later than the thirtieth of June, preceding the annual Synod. If delegates and alternate delegates are elected to fill vacancies caused by death, resignation, or removal for any cause, the election shall be immediately certified in writing by forwarding an amended certificate to the Secretary of the Synod. Any parish failing to furnish the certificate to the Secretary of the Synod by the stated date shall not be entitled to seat, voice or vote at the Synod.
Section 4. Lay members of the Standing Committee and the Diocesan Council, if they are not delegates to the Synod, shall nonetheless have the privilege of seat, voice, and vote at the Synod.
Canon III
Clergy and Laity in Other Jurisdictions
Those clergy and Laity within the boundaries of The Gulf Atlantic Diocese who are in canonical relationship with the Anglican Church in North America but are under other jurisdictional relationships (e.g. Anglican Mission in America, Reformed Episcopal Church) are welcomed into partnership with this Diocese upon request to the Bishop or Ecclesiastical authority. They shall be accorded full participation in the shared life and ministry of this Diocese with the exceptions of serving on the Standing Committee and electing members of the Standing Committee. They may determine their representation to the Synod up to the limits as prescribed by the Canons.
Canon IV
Secretary of the Synod
A Secretary, nominated by Diocesan Council, shall be elected by the annual Synod for a term of two years. The duties of the Secretary shall be to take the minutes of the proceedings, and when approved, to enter them in a journal, to preserve the journal and records, to attest the public acts of the body, and faithfully deliver into the hands of successors all books and papers in his or her possession relating to the Synod.
Canon V
Transaction of Business
Section 1. A quorum of any Diocesan Synod or any meeting thereof shall be one-half of the clergy in good standing having cure in the Diocese, and one-half of the duly elected lay delegates, but a smaller number may adjourn.
Section 2. The clergy and delegates shall deliberate as one body and shall vote as such: PROVIDED, that a call for vote by Orders (lay and clergy) may be requested by a minimum of five lay and five clergy delegates.
Section 3. The affirmative votes of a majority of those present and voting shall decide each question. When voting by Orders a majority vote in each Order is required.
Canon VI
Committee on Nominations
A Committee on Nominations, consisting of one clergy and one lay person from each deanery, shall be elected annually by each deanery at its January meeting. The Committee on Nominations shall be responsible for receiving and publishing all nominations for offices elected by the Synod.
Canon VII
Committee on Constitution and Canons
Section 1. It shall be the responsibility of the Committee on Constitution and Canons to consider all proposed amendments to the Constitution and Canons of the Diocese as recommended by Diocesan Council (pursuant to Canon XXVI). The Committee on Constitution and Canons shall present proposed amendments to the Synod for vote.
Section 2. The Committee on Constitution and Canons shall consist of three clergy and three lay persons appointed by the Bishop with the advice and consent of the Standing Committee. At least one member shall be a practicing attorney. In addition, the Diocesan Chancellor shall be an ex-officio member of the Committee.
Section 3. Members of the Committee on Constitution and Canons shall serve three-year staggered terms. No member who has served for two consecutive three-year terms shall be eligible for re-appointment as a member of the Committee one year after his/her term has expired.
Section 4. The Committee on Constitution and Canons shall elect a chair from among its membership.
Canon VIII
Standing Committee
Section 1. The Standing Committee shall be a council of advice to the Bishop. If there is no bishop, the Standing Committee shall be the Ecclesiastical Authority of the Diocese.
Section 2. The Standing Committee shall be composed of three lay and three clerical members, nominated by the Committee on Nominations and elected by the Synod for three-year, rotating terms. As terms expire, the Committee on Nominations shall nominate at least two persons for each vacancy. The Synod, at its annual meeting shall elect one member of the appropriate order to fill each vacancy. No member who has served a full term shall be eligible for re-election until one year after his or her term has expired.
Section 3. The clerical members of the Standing Committee shall be entitled to seats in the Synod of the Diocese.
Section 4. The lay members of the Standing Committee shall be communicants in good standing in a parish admitted into union with the Diocese.
Section 5. The Committee, at its first meeting after the annual Synod, shall choose a Chair from among the clerical members, and a Secretary, either clerical or lay. The Secretary shall keep a record of the proceedings of the Committee, and all books and papers in their possession relative to the Diocese shall be subject to examination by the Bishop and by the Synod.
Section 6. The Standing Committee shall fill all vacancies in its own body, or in any appointed Committee, or in any elected office that may occur between meetings of the annual Synod. Such persons shall serve until the next annual Synod.
Section 7. The Standing Committee, together with the Bishop, shall be responsible for approving candidates for ordination.
Section 8. The Standing Committee shall be responsible for an annual review of the work of the Bishop. In the case of serious conflicts within the Diocese, or behavior unsuitable to the Office of Bishop, the Standing Committee may, by a two-thirds vote, request a hearing from the College of Bishops of the Anglican Church in North America.
Section 9. The Standing Committee shall have such additional rights, duties and powers as may be conferred by the Canons of The Anglican Church in North America or of this Diocese duly enacted.
Canon IX
Diocesan Council
Section 1. The Diocesan Council shall be an executive body representative of the Church in this Diocese with power and authority to implement the policies and programs adopted by the Synod and to act on behalf of the Synod between meetings of that body. The Council shall have overall responsibility for the Diocesan programs and finances, and shall provide for the efficient management of the business of the Diocese.
Section 2. The Diocesan Council shall be composed of the Bishop, Secretary of the Synod, Chancellor of the Diocese, the Deans of the Deaneries, Chair of the Standing Committee, the Treasurer, and six members-at-large (three clergy and three lay) elected by the Synod. The terms of at-large members shall be three-year, staggered terms. No member who has served a full term shall be eligible for re-election until one year after his or her term has expired.
Section 3. It shall be the duty of the Diocesan Council to prepare and report to each Synod the mission and proposed budget for the coming year, for adoption by the Synod.
Section 4. Diocesan Council shall elect a Chair from among its members at its first meeting after the annual Synod.
Section 5. A person shall not be elected a member of Diocesan Council for consecutive terms.
Section 6. The Diocesan Council shall have such additional rights, duties and powers as may be conferred by the Synod through enactment of an appropriate canon.
Canon X
Assistance to the Bishop
The Bishop, with the consent of Diocesan Council, shall have the authority to appoint one or more members of the clergy, and when appropriate, laity, to assist the Bishop with respect to the mission of the Diocese. The duties of the assistant may include, but are not limited to: pastoral and counseling functions, visitations to parishes, development of parishes, the planting of new congregations, and relationships with and among parishes and deaneries. Unless such person be a bishop-coadjutor, suffragan bishop, or assistant bishop, such person or persons so appointed shall be called a canon of the Diocese. If the Bishop should desire to appoint an assistant bishop, consent must be granted by majority vote of the Diocesan Synod. A bishop-coadjutor or suffragan bishop must be elected by the Synod in the same fashion as a diocesan bishop pursuant to Canon I.
Canon XI
Treasurer
Section 1. The Treasurer of the Diocese shall be nominated by the Bishop and elected by a majority vote of the Diocesan Council and shall hold office at the pleasure of the Bishop.
Section 2. The Treasurer shall receive and disburse all monies collected under the authority of the Diocese as directed by the Diocesan Council.
Section 3. The Diocesan Council shall specify in writing additional duties of the Treasurer.
Section 4. Accounts maintained by the Treasurer shall be audited not less than annually, as directed by the Diocesan Council.
Section 5. The Treasurer shall be bonded in a sum and in the security satisfactory to the Diocesan Council.
Section 6. The Treasurer shall have seat and voice, but no vote, at the Synod and on the Diocesan Council.
Section 7. The Treasurer, together with the Diocesan Council, shall submit an annual report to the Synod.
Section 8. The Treasurer, working together with the Diocesan Council, under the direction of the Bishop, shall submit a mission and budget proposal for the coming year to the Synod delegates no later than thirty (30) days prior to the annual Synod.
Canon XII
Chancellor
The Bishop of the Diocese, with the advice and consent of the Standing Committee, shall appoint a Chancellor of the Diocese and such Vice Chancellors as the Bishop deems advisable, to hold office until their successors are appointed. They shall be lay persons who are licensed attorneys and communicants of a parish in union with the Diocese. The duties of the Chancellor shall be to act as legal counselor to the Bishop, the Standing Committee and other Diocesan organizations in matters affecting the interests of the Church. The Vice Chancellors shall perform such duties as shall be delegated to them by the Chancellor or the Bishop.
Canon XIII
History and Archives of The Gulf Atlantic Diocese Registrar/Historiographer
Section 1. The Bishop shall appoint an Archivist who shall administer and maintain the Diocesan archives, including the historical documents of the Diocese and parishes, and perform such other duties as directed by the Bishop or Standing Committee. It shall be the duty of the Archivist to issue, on request, proper certification of records in the archives including, but not limited to, Consecration, Ordination, Baptism, Confirmation, Marriage and Burial Records.
Section 2. The Bishop shall appoint a Historiographer who shall provide for the safekeeping and preservation of all Diocesan records not otherwise under the custody of the Archivist, and perform such other duties as directed by the Bishop or Standing Committee.
Canon XIV
Budget and Financial Administration
Section 1. The Bishop shall have authority and responsibility for budgetary and fiscal management. The Bishop shall cause to be prepared, and submitted to the Diocesan Council for its approval, regulations governing the financial system of the Diocese, including, but not limited to: collection and handling of funds; authorization of obligations and payment thereof; accounting; budgetary control; appointment, compensation and conditions of service of staff; pension arrangements; procurement and handling of equipment, materials and supplies; custody of funds; control of capital assets; and, delegation of authority for such matters.
Section 2. The Bishop shall cause to be prepared for review by the Diocesan Council and submission to the Synod for its approval, a comprehensive budget for the coming year. Such budget shall be based on clearly specified ministry objectives, evaluation of program accomplishment, and priorities established by the Synod.
Section 3. All parishes shall provide support for the Office of Bishop. The level of support from each parish shall be determined by each parish, and all other contributions to the Diocese shall be voluntary.
Canon XV
Deans and Deaneries
Section 1. The Diocese shall be divided into deaneries for the purpose of common ministry, communication, pastoral care, accountability, and fellowship.
Section 2. The number of deaneries and their boundaries shall be determined by the Bishop, in consultation with the Diocesan Council. The presiding officer of each deanery shall be a dean appointed by the Bishop to serve for two years. Deans of Deaneries shall serve as members of the Diocesan Council.
Section 3. There shall be regularly scheduled meetings of the clergy in each deanery. This Deanery Clericus shall be scheduled by the Dean to discuss the affairs of the Diocese, regional concerns, and for prayer and mutual encouragement.
Section 4. There shall be a Deanery Council composed of one lay and one clergy representative from each parish in the deanery, appointed by the Rector of each parish. The work of the Council shall be for the common ministry of the deanery as determined by the Deanery Council.
Canon XVI
Parishes
Section 1. Every congregation canonically formed in this Diocese, for receiving the administrations of the Church and for the worship of Almighty God, according to the faith and doctrine of the Church, and under the discipline and liturgy of the Church, shall constitute a parish.
Section 2. To be admitted into union with the Diocese, a parish shall submit a written request for admission, along with its Articles of Incorporation and Bylaws, to the Bishop and the Standing Committee no later than two months prior to the annual meeting of the Synod. A recommendation for admission of a parish shall be submitted in writing by the Bishop and the Standing Committee to the Secretary of the Synod and, if approved by a majority vote of the Synod, the parish shall be admitted into union with the Diocese. A parish shall not be admitted into union with the Diocese if the Articles of Incorporation or the Bylaws of the parish are in conflict either with the Constitution and Canons of the Gulf Atlantic Diocese or the Constitution and Canons of the Anglican Church in North America.
Section 3. The secular affairs of each parish shall be conducted by a vestry of not less than five nor more than twelve persons to be elected according to the bylaws of such parish.
Section 4. The vestry shall consist of baptized and confirmed members actively participating in the life of the Church. Vestry membership shall not be restricted with regard to gender.
Section 5. No amendments to the Articles of Incorporation or Bylaws of any parish shall be made unless approved by a majority of the members of the parish qualified to vote for members of the vestry, and who are present at a meeting called with due notice.
Section 6. The Synod may, by two-thirds vote, dissolve its union with any parish provided notice of said proposed action shall have been given in writing in the preceding the annual Synod. Once dissolution is approved, the Secretary of the Synod shall notify the parish in writing.
Section 7. It shall be the duty of the Diocesan Council to report to the Secretary of the Synod, before August 1 of each year, any change that may have occurred since the last Synod in the status of any parish under Section 6.
Canon XVII
Missions
Section 1. Any church or group seeking to organize a mission within the Diocese must submit a request in writing to the Bishop and the Diocesan Council from the deanery in which that mission is to be created, indicating the Deanery’s approval.
Section 2. Any church or group seeking to establish a mission must submit a letter to the Bishop and the Diocesan Council indicating the clear intention of this mission to function under the Ecclesiastical Authority of this Diocese, and under the worship, doctrine, and discipline of this Church.
Section 3. All missions must submit Articles of Incorporation and Bylaws to the Bishop and Diocesan Council for approval.
Section 4. All missions must be partnered with a local parish for support, encouragement, and guidance.
Canon XVIII
Vestries
Section 1. It shall be the duty of a vestry to work with the Rector in overseeing the temporal concerns of the parish for the furtherance of the Church's mission.
Section 2. In every parish there shall be a vestry composed of no fewer than five members, and no more than twelve. Members of the Vestry shall be elected in accordance with the bylaws of the parish.
Section 3. Members of the Vestry shall be baptized members of the parish 18 years or older who have been active in the parish for a minimum of six months.
Section 4. The Rector shall act as the Chair of the Vestry with voice and vote. The Rector shall appoint the Senior Warden, and the Vestry shall elect the Junior Warden from among its number. The Vestry shall elect a Secretary and Treasurer and such other officers as they deem necessary. The duties of the officers shall be determined by the Rector and Vestry.
Section 5. There shall be at least one meeting of the Vestry in each quarter of the year; however, the Rector, Senior Warden, or Junior Warden may call a meeting at any time upon the request of one-third of the members of the Vestry. The Rector and all members of the Vestry shall be given due notice of all meetings of the Vestry.
Section 6. When a parish becomes vacant in the office of Rector, the Wardens shall notify the Bishop. The Vestry, in cooperation with the Bishop, shall assume the responsibilities of the Rector's office, or, with the Bishop's permission, appoint an interim priest to assume such duties, until such time as a new rector can be called.
Section 7. The Vestry shall elect a rector for the parish subject to the approval of the Bishop pursuant to Canon XX.
Section 8. The Vestry does not have the authority to remove a rector from office. If there is conflict between the Rector and Vestry, the Bishop should be notified. The Bishop, in Godly conversation with the Rector and Vestry, will seek to bring a peaceable resolution to the conflict.
Canon XIX
Settled Clergy
Section 1. The Rector or Priest/Deacon/Minister-in-Charge of a parish has, by virtue of office, the exclusive charge and care of all the spiritual concerns, music and ritual observances of the parish, subject and answerable only to the Bishop.
Section 2. For the purposes of the office and for the full and free discharge of all functions and duties pertaining thereto, the Rector shall, at all times, be entitled to the use and control of the church and parish buildings with the appurtenances and furnishings thereof.
Section 3. The Rector shall have the full control and direction of all Guilds, Societies and Associations within the parish as well as the hiring and firing of parish staff. Unless otherwise provided by the bylaws of the parish, the Rector may call meetings of the Vestry and congregation as the Rector shall deem appropriate, and shall serve as ex-officio Chair of the same, and is entitled to speak and vote on all questions before these bodies. The Rector shall call a meeting of the Vestry when requested to do so by a majority of the members of the parish.
Section 4. The annual salary and other compensation of full time resident clergy shall be no less than the minimum established in the Clergy Compensation Guide, recommended by Diocesan Council and approved by the annual Synod, except in special cases as determined by the Bishop and the Standing Committee.
Canon XX
Vacant Parishes
Section 1. When the Vestry is notified by the Rector of an intent to resign, the Bishop shall simultaneously be notified. Upon such notification, the Bishop shall assume ecclesiastical oversight of the vacant parish. If there is no Bishop, the Standing Committee shall assume oversight.
Section 2. The Bishop shall have the authority to examine any parish records which would assist in evaluating the condition of the parish. The Vestry shall furnish the Bishop such information as the Bishop deems necessary to assist the parish in the selection of a new rector, including, but not limited to, parish goals, profile of the parish, and desired clergy qualifications.
Section 3. In the event of a vacant parish, the Bishop shall take such action as the Bishop deems appropriate to supply said parish for appropriate services, and such supply expenses shall be borne by said parish.
Section 4. A Priest canonically resident in this Diocese, without a parish, may not assume pastoral relations with, nor officiate for longer than one month, in a parish unless he or she shall have obtained a written license from the Bishop. If such license is refused, by and with the advice and consent of a majority of all the members of the Standing Committee, and if the Priest, without such license, officiates in a parish, or attempts to assume pastoral relations, the Priest shall, thereafter, not be in good standing in this Diocese until he or she obtains approval from the Bishop. Any subsequent Synod of this Diocese may dissolve its union with the offending parish, provided the Standing Committee shall, at least thirty days prior to such Synod, provide written notice to the Vestry, or to a Warden of such parish, that the action will be reported to the Synod.
Canon XXI
Mode of Election of Rector or Other Member of the Clergy
Section 1. When a parish proceeds to call a new rector, it shall first consider a list of candidates proposed by the Bishop. The Vestry may reject all of the proposed names after due research and shall thereupon notify the Bishop. The Vestry may then ask the Bishop for additional names and may reject all of these. They may then proceed to consider other names. The Vestry's choice shall be communicated to the Bishop in writing together with documentation evidencing the qualifications of the candidate to meet the Parish's requirements for priestly leadership. The Bishop shall have 30 days to respond. The Bishop shall have the option of approving, or, after consultation with the Standing Committee, of rejecting the proposed candidate. If the candidate is rejected, the Vestry may proceed to consider other candidates. In the event that the Bishop and the Vestry cannot resolve their differences over clergy selection, the Bishop shall thereafter consult with the Standing Committee and the Vestry to effect the final disposition of the issue in the most satisfactory and Godly manner possible.
Section 2. A member of the clergy shall not be recognized by the Bishop as the Rector of the parish until said member of the clergy has been canonically transferred to this jurisdiction. The said member of the clergy shall not, with or without the consent of the Vestry of said parish, perform any of the rites or ceremonies of the Church except with the special permission of the Bishop of this Diocese, until the Bishop or the Ecclesiastical Authority has certified to the Vestry that such member of the clergy has been canonically transferred to this jurisdiction. The certificate of the Bishop or Ecclesiastical Authority shall be entered upon the minutes of the Vestry.
Section 3. No member of the clergy shall be allowed to officiate in a parish, congregation, or institution of the Diocese unless he or she shall first produce a letter of Orders or other satisfactory evidence that establishes him or her as an authorized Minister of God's Church, and unless he or she shall have been licensed by the Bishop of the Diocese for such ministry.
Canon XXII
Business Methods in Church Affairs
In every parish and institution associated with this Diocese, including the Diocese itself, the following standard business methods shall be observed:
Section 1. Funds held in trust, endowment and other permanent funds, and securities represented by physical evidence of ownership or indebtedness, shall be deposited with a National or State chartered Bank, or with an agency approved in writing by the Diocesan Council, under a deed of trust, agency or other depository agreement providing for at least two signatures on any order of withdrawal of such funds or securities.
Section 2. Records shall be made and kept of all trust and permanent funds showing at least the following:
a. Source and date.
b. Terms governing the use of principal and income.
c. To whom and how often reports of conditions are to be made.
d. How the funds are invested.
Section 3. Treasurers and custodians, other than banking institutions, shall be adequately bonded, except treasurers of funds that do not exceed five hundred dollars at any one time during the fiscal year.
Section 4. All accounts of the Diocese, of parishes and other institutions of the Diocese, shall be reviewed annually by an audit committee, independent Licensed Public Accountant or independent Certified Public Accountant; and, audited at least every three years by an independent Certified Public Accountant.
All reports of such audits, including any memorandum issued by the auditors or audit committee regarding internal controls or other accounting matters, together with a summary of action taken or proposed to be taken to correct deficiencies or implement recommendations contained in any such memorandum, shall be filed with the Bishop or Ecclesiastical Authority not later than 30 days following the date of such report, and in any event, not later than September 1 of each year covering the financial report of the previous calendar year. In any case of failure to file such audits, memorandum, or summary as required herein, any and all lay delegates of such delinquent parishes shall be entitled to seats with voice but no vote in the next annual Synod.
Section 5. All buildings and their contents shall be kept adequately insured.
Canon XXIII
Ecclesiastical Trial Court
Section 1. Organization
A. An Ecclesiastical Trial Court (The Court) for the Gulf Atlantic Diocese of the Anglican Church in North America is hereby established for the trial of any priest or deacon subject to its jurisdiction.
B. The Court shall consist of four members of the clerical order and three members of the lay order. Clerical members must be canonically resident and in good standing within the Diocese and lay members must be communicants in good standing of a parish of the Diocese.
C. Beginning with the second annual Synod of the Gulf Atlantic Diocese meeting in November 2010, and on each even numbered annual Synod thereafter, four members of the clergy and three members of the laity shall be elected to serve a term of two years. No member of the Standing Committee shall be eligible to serve as a member of The Court.
D. Vacancies occurring within the membership of The Court shall be filled by majority vote of the remaining members of The Court. Persons elected to fill a vacancy must be from the same classification, clergy or lay, as the person they replace, and shall serve the unexpired term of that person.
E. Within two months following the annual Synod, The Court shall elect from among themselves one person to serve as Presiding Judge.
F. All persons elected to The Court are eligible for re-election upon expiration of their term.
G. The Court shall appoint a Clerk who shall be responsible for recording all proceedings.
Section 2. Charges
A. Charges for which a priest, deacon, or bishop may be presented and tried are contained in Title IV of the Canons of the Anglican Church in North America, and by reference are made a part of the Canons of this Diocese.
B. When charges have been made against a priest or deacon in the Diocese, the Bishop shall appoint a canonical investigator to ascertain the merit of the accusation(s).
C. Once the investigation of an accusation against a priest or deacon has been completed, and if the Bishop has determined that the matter is not frivolous, but should proceed, then Articles of Presentment shall be drawn up and served upon the priest or deacon with copies to the Chair of the Standing Committee.
D. If the Standing Committee confirms, by simple majority vote, the Bishop's decision, the Presentment shall then move to The Court.
Section 3. Procedures
A. The Presiding Judge of The Court shall, within not more than three calendar months from the receipt of the Presentment, summon the Respondent to answer before The Court.
B. In all Ecclesiastical Trials the Chancellor for the Diocese shall appear on behalf of the Diocese. In the event the Chancellor is unavailable, another attorney may be appointed by the Bishop. The Respondent and alleged victims or complainants may be accompanied by counsel of their own choosing.
C. After all evidence has been presented, and after hearing all arguments, The Court shall retire for prayer, discussion, and vote.
D. An affirmative vote of two-thirds of the members of The Court shall be necessary to render a guilty verdict; failing such a vote, the Presentment shall be dismissed. The decision of The Court shall be delivered immediately, and in writing, to the Respondent, the alleged victim or complainants, and the Bishop.
E. The Bishop shall not proceed to Sentence before the expiration of thirty days after he is served with notice of a verdict of guilty. If an appeal is made to the Provincial Tribunal, the Sentence shall not be pronounced until the appeal is final.
Canon XXIV
Provincial Assembly
Upon notification of the date for Provincial Assembly, the Synod meeting prior to the Assembly shall elect delegates in number and order as determined by ACNA Title I, Canon 2, Section 3.
Canon XXV
Provincial Council
The Synod shall elect every five years one clergy and two lay to serve as members of the Provincial Council. The member of the clergy nominated must be serving either on the Standing Committee or the Diocesan Council at the time of nomination.
Canon XXVI
Amendments and Resolutions
Section 1. The Canons may be amended in the following manner only: Amendments must be proposed in writing to Diocesan Council no less than sixty days prior to the annual Synod. Council shall review the proposal and may refer it to the Committee on Constitution and Canons. The Committee on Constitution and Canons shall present the amendment to the Synod for a vote. If the amendment is defeated, it may be referred to the Committee on Constitution and Canons for study, reworking, and future proposal.
Section 2. Resolutions will not be entertained by the Synod.
Rules of Order
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No motion shall be considered or debated until it is seconded, and, when seconded, it shall be stated by the President before debate begins.
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If the motion in debate contains several distinct propositions, any member may have the same divided.
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When a motion is under consideration, no further motion shall be received unless to lay upon the table, to postpone indefinitely, to postpone to a certain time, to commit, or to amend; and motions for any of these purposes shall have precedence in the order herein named. If the motion to lay upon the table carries, the Synod shall proceed as if no such motion had been offered. The motion to lay on the table and to adjourn shall be decided without debate. The motion to adjourn shall always be in order. At the conclusion of debate, and prior to vote being taken, the motion in its final form shall be stated by the Secretary.
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On a question being put by the President, it shall be determined by voice vote for or against it; but any member may require the count of votes, and Tellers for that purpose shall be appointed by the President. A majority of the members present may, previous to a decision by count, require the ayes and nays to be taken, which shall be done by calling the names of the clerical members and then of the names of the lay delegates of each parish, and all votes by ayes and nays shall be entered upon the minutes.
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A question once decided shall not be reconsidered during the same session without an affirmative vote of two-thirds, nor without a motion for that purpose being made by one of the majority on the prior decision; nor shall any question be reconsidered more than once.
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All decisions determined by vote within the Synod shall be by simple majority with the exception of the election of a bishop (Canon I) or unless an exception be made by a two-thirds vote of the delegates, or unless otherwise established by Canon or by the Rules of Order.
- All questions of order shall be decided by the President, subject to an appeal to the Synod. A simple majority is required to overule the President.