Canons
continued
B - PARISHES
CANON 21
Parishes and Their Organization
SECTION 1. It shall be lawful for any number of adult persons, no less than forty, confirmed Lay Communicants of this church in the Diocese of Mississippi, to organize themselves as a Parish. To do so, they shall proceed in the manner following:
SECTION 2. (a) Notice shall first be given to the Bishop, or, if there be no Bishop, to the President of the Standing Committee, of the desire thus to associate and organize; and said notice shall be in writing in duplicate, and shall be signed by the persons, respectively, who propose to organize. The notice shall contain such information in the premises as may enable the Bishop (or the Ecclesiastical Authority) to judge the propriety of the act; and shall contain the following article:
"We, whose names are hereunto affixed, deeply sensible of the truth of the Christian religion, and conscientiously attached to the Doctrine, Discipline and Worship of the Protestant Episcopal Church in the United States of America, and being earnestly desirous of establishing its authority and securing its holy influence for ourselves, our families, and our neighbors, and those to come after us, do hereby respectfully ask the permission of the Bishop (or Ecclesiastical Authority) of this Diocese to associate and organize ourselves and others as a Parish of the said Church in the Diocese of Mississippi, under the name and title of ; and we hereby solemnly promise and declare that the said Parish shall be incorporated and forever held under the Ecclesiastical Authority of the Bishop of Mississippi, and of his/her successors in office, and in conformity with the Constitution and Canons of the Protestant Episcopal Church in the United States of America and the Constitution and Canons of the Diocese of Mississippi, the authority of which we do hereby recognize, and bind ourselves to make them a part of the Charter and By-Laws of the Parish, and to whose Liturgy, Doctrine, Discipline, Rites and Usages we promise at all times, for ourselves and successors, corporate obedience and conformity. Furthermore, we solemnly engage and stipulate that all real estate of which the said Parish may become possessed shall be secured forever against alienation from the Protestant Episcopal Church in the United States of America unless with the consent of the Bishop or Council of the Diocese."
(b) If the Bishop, acting by and with the advice and consent of the Standing Committee, or, if there be no Bishop, the Standing Committee approve the proposed organization, he shall give written certification to that effect, and said approval, together with other papers, shall be transmitted to the Secretary of the Diocese.
SECTION 3. Upon receipt of approval of the proposed organization, the Cleric, who shall have been appointed by the Bishop to hold services, shall give notice, on some occasion of public service at least two weeks previous to the time of meeting, that the persons desirous of organizing themselves as a Parish will meet at a time and place specified for the purpose of incorporating themselves, adopting a Charter and By-Laws for the Parish, and electing two Wardens and not less than three nor more than eleven Members of the Vestry, duly qualified as per Section 2 of Canon 23.
SECTION 4. (a) At the time of the organizational meeting, the Cleric aforesaid shall preside; he/she shall appoint a Clerk and a book shall be provided for the records and minutes, in which shall be first entered in full (1) the notice to the Bishop, with the names attached to the same; (2) the approval of the organization; (3) proof of public notice given for the organization; and (4) a record of any other papers and actions of importance to the history of the organization, which may have been previously taken. Secondly, entry shall be made in the minutes of the names of the persons who attended the organizational meeting and are qualified to vote, in accordance with Section 2 (a) of Canon 22. And thirdly, there shall be recorded the actions taken by the congregation at this meeting, including: (1) a copy of the Parish Charter and By-Laws as adopted; (2) the names of the Wardens and Members of the Vestry elected; (3) a financial statement for the year just preceding; (4) a copy of all land deeds and a description of all real property, together with the insurance coverage thereon; and (5) a copy of the budget adopted for the first year of operation as a Parish, which budget shall include the anticipated income from pledges and other sources, and the total of all present indebtedness together with the schedule for the repayment of same, all of which shall show the said congregation to be self-supporting.
(b) The proper title of an organized Parish is the name of the Parish, or "the Rector, Wardens and members of the Vestry" of such a Parish; and they are the trustees, corporate and politic.
SECTION 5. All of the acknowledgments and records required shall be duly made, and the whole proceedings of the organizational meeting shall be certified by its presiding officer and clerk, and a copy of all the above records shall be sent to the Bishop, together with an application for admission into union with the Council of the Diocese; all of which shall be accomplished at least one month before the meeting of the Annual Council.
CANON 22
Parish Meetings
SECTION 1. (a) A meeting of the Parish congregation shall be held annually on the 1st day of January, or as soon thereafter as practical unless the By-Laws otherwise provide. At this meeting the Rector shall preside, or if the Cure be vacant, the Senior Warden, the Junior Warden, or the Clerk of the Vestry, in the order named. In the absence of these officers, the meeting shall elect its chairman.
(b) Special meetings of the Parish congregation may be called either by the Rector, or by a majority vote of the Vestry; but in either case, the call shall specify the purpose or purposes for the meeting, and no other business shall be transacted.
(c) Notice of the time and place of annual or special meetings shall be given at a public service of the congregation at least two weeks prior to the date of such meeting.
SECTION 2. (a) At all such elections and in Parish meetings, those qualified to vote shall be persons present who are sixteen years of age or over and who are canonically enrolled Lay Communicants in good standing of the Parish.
(b) Not less than twenty persons qualified to vote in Parish meetings shall constitute a quorum for the transaction of business of any duly or properly called Parish meeting, either annual or special. Provided, however, that any Parish by its Charter or By-Laws may adopt a rule fixing the requirements for a quorum in said Parish so long as the same is not in conflict herewith. Should there not be a quorum present at any duly or properly called Parish meeting, the same may be adjourned by the presiding officer thereof from time to time until a quorum be present.
CANON 23
The Vestry
SECTION 1. (a) The Vestry of every Parish shall consist of the Rector when there is one, two Wardens, and not less than three nor more than eleven Members of the Vestry; except that Parishes with more than three hundred Communicants may, if they so elect, have not more than fifteen Members of the Vestry. The Wardens and Members of the Vestry shall be confirmed Communicants, at least twenty-one years of age, canonically resident and actually residing in the Parish and entitled to suffrage at its annual meeting at which they are elected.
(b) The Wardens and Members of the Vestry shall be elected for such terms and on such conditions as may be provided in the By-Laws of the respective Parishes, and shall hold office until their successors are elected and shall have qualified; provided, however, that the principle of rotation shall be followed in all instances and that in no case shall a Warden or Member of the Vestry serve more than six consecutive years as a Warden or Member of the Vestry.
(c) In the event of a vacancy in the office of Warden or Member of the Vestry, caused by death, removal, resignation, or inability to serve, the Vestry may, in its discretion, elect a qualified person to fill the unexpired term of said Warden or Member of the Vestry.
SECTION 2. (a) The Vestry shall fix the date, time and place of regular monthly meetings.
(b) Special meetings may be called by order of the Rector, or, in case of the vacancy or absence of the Rector or his/her inability to act, by one of the Wardens, acting according to seniority, at any time deemed expedient; provided that all members of the Vestry be notified; or when requested in writing by a majority of the Vestry; which writing shall be sent to the Rector, Wardens and other Members of the Vestry, and shall declare the object or objects of such meeting.
(c) A meeting of the Vestry to be valid shall have present either the Rector, or in case of his/her absence or inability to act, one of the Wardens. Still, in case of the vacancy or absence of the Rector and both Wardens, a meeting shall be valid when a quorum of the Vestry is present; and, a presiding officer being chosen from the number present, business may be transacted; provided the meeting has been called according to the above Section 2 (b).
SECTION 3. The Vestry shall elect and call the Rector in accordance with the provisions of the Canons of the General Church. (See also Canon 35 Section 2) The Vestry shall see that all things needed for the public services are provided; shall collect and disburse all money due and received for Church purposes, and shall have the same audited annually; shall pay with punctuality the stipulated salaries of the Clergy and others; shall inform themselves of the order and time of all collections required by the Canons of the Diocese, and of assessments which may be imposed by the Council, and take measures for the obedient fulfillment and due liquidation of these (see Canon 33 - "Penalties"); shall provide adequate insurance coverage; and before the close of each parochial or ecclesiastical year, if the treasury be deficient, the Vestry shall collect, as far as practicable, by subscription or otherwise, a sum sufficient to liquidate all the current expenses of the Parish.
SECTION 4. Before the annual Parish meeting, the vestry shall cause to be written and delivered to the Rector, or if there be none, to the Wardens, a full, accurate and faithful statement of the number of meetings held by the Vestry during the year, and the number of such meetings attended by each Warden and Member of the Vestry. At the annual Parish meeting, said statement shall be presented and read to the parishioners there assembled and the statement duly filed and recorded in the Minutes and Records of the Parish. The statement shall also declare what money, lands or other property had been received during the preceding year, and from what source; what money has been expended, and for what objects; and what property has been purchased, exchanged, or mortgaged, and for what purposes.
SECTION 5. It is the duty of the Wardens and Members of the Vestry to preserve order and decorum in and around the church building on all occasions whatever, and especially during the time of Divine Worship, and to admonish persons guilty of any unseemly levity or rudeness.
SECTION 6. When at any time the Parish is without a Rector, the Parish shall become the spiritual care of the Ecclesiastical Authority.
CANON 24
Wardens
SECTION 1. The Wardens shall be distinguished as Senior and Junior, although all duties belong to both. They shall see that the Parish duly provides the church with a standard lectern Bible, containing the Apocrypha, and copies of the Book of Common Prayer and the Church Hymnal, of proper size of the standard editions, for use in the sanctuary, chancel and nave; that the Parish provides proper linens for the altar, and the elements of bread and wine meet for the celebration of the Holy Communion; proper and suitable vestments for the Clergy, servers and choir. It shall be their duty to see that the alms and other offerings of the people are gathered in decent basins provided for that purpose. Further, the Wardens shall be responsible for all other things necessary for the regular and well-ordered worship of Almighty God, and shall cooperate with the Rector in all efforts to develop and set forward the spiritual life of the Parish.
SECTION 2. The Wardens shall have a care that the church building be kept in good repair and clean, as becometh the House of God, and that any other Parish buildings and the premises around them be maintained in proper order.
CANON 25
Parish Clerk and Treasurer
SECTION 1. A Parish Clerk and a Treasurer, who may or not be members of the Vestry, shall be annually elected by the Vestry, and who shall serve until their successors in office are chosen.
SECTION 2. It shall be the duty of the Clerk to attend all meetings of the Vestry; to keep the minutes of its proceedings, and to enter and attest the same in a suitable book; to preserve their journals and records; to attest the public acts of the Vestry; and perform such other duties as may be legally assigned him/her. It shall be his/her further duty to enter in the records of the Vestry the annual account of the temporal condition of the Parish, including the annual report of the Treasurer. He/She shall deliver into the hands of his/her successor all books and papers relative to the affairs of the Church which may be in his/her possession.
SECTION 3. It shall be the duty of the Treasurer to receive all moneys collected under the authority of the Vestry, the reception and disbursement of which is not otherwise provided for; and in case there is no collector appointed by the Vestry, he/she shall also collect the same.
SECTION 4. The Treasurer is authorized to expend moneys for the purposes and to the extent adopted in the Parish budget, but shall not disburse other funds except on Order by the Vestry. The Treasurer shall keep and maintain a full and accurate account of all funds received and disbursed by him/her, in accordance with the provisions of Canon 29, and shall present to the Vestry monthly reports of the same, and an annual report before the 10th day of January.
SECTION 5. The Treasurer, if he/she be not a member of the Vestry, shall attend its meetings when requested and be guided by its advice in all matters pertaining to the duties of his/her office, and shall be ready to answer all questions as to the state of the treasury; and his/her books and papers shall always be subject to the inspection of the Rector or Wardens of the Vestry in session.
CANON 26
Parish Register
SECTION 1. (a) In every Parish and organized Mission the Warden(s) shall provide, as required by the Canons of the General Church, a Parish or Mission Register.
(b) The Rector, or Vicar, or if the cure be vacant, one of the Wardens, shall record the required data.
SECTION 2. Whenever a Cleric shall perform any Official Act in a Parish or Mission not under his/her charge, the records required by this Canon shall be made in the Register of that Parish or Mission.
SECTION 3. The Rector, or Vicar, shall maintain so far as practicable a list of all families and adult persons in his/her cure, which list shall remain in the Parish, or Mission, for the use of his/her successor.
SECTION 4. It shall be the duty of every Cleric performing an Official Act in any place where there is no Parish or Mission to report the same promptly, giving all necessary details of information, to the Office of the Bishop.
SECTION 5. In accordance with the provisions of the Canons of General Convention, a Letter of Transfer shall be issued for any Communicant or baptized person in good standing requesting the same upon his/her removal from one Cure to another.
SECTION 6. It shall be the duty of every Cleric in charge of a Parish, Mission, Mission Station, Chapel or Congregation to keep a Register of Church Services for that congregation.
SECTION 7. (a) Every person charged with the responsibility of making entries in Parish or Mission Registers and their Registers of Church Services shall do so with all possible accuracy.
(b) The Registers, of both kinds, shall be open at any time to the inspection of the Bishop, and he/she may call for any information which they contain. And it shall be the duty of the Bishop to see that the Registers, throughout the Diocese, are regularly, carefully and accurately kept and preserved.
CANON 27
Parochial Reports
On or before the first day of March each year, the Cleric in charge of every Parish, Mission and Mission Station, or in case the Cure of same is vacant, one of the Wardens, shall make an accurate Parochial Report to the Ecclesiastical Authority, as required by the Canons of the Diocese, upon the form adopted by the General Convention and furnished by the Secretary of the Diocese.
C - PARISH AND MISSION FINANCES AND PROPERTY
CANON 28
Voluntary Proportionate Giving
SECTION 1. Voluntary Proportionate Giving shall be the method by which the Parishes and organized Missions will fund the mission and ministry of the Diocese of Mississippi.
SECTION 2. (a) The Mission Committee of every Mission and the Vestry of every Parish shall determine annually what proportion (percentage) of its income it will give to the work of the Church outside the Mission or Parish, with the goal of eventually giving away an amount equal to what it spends on itself. Included in the proportion shall be the pledge of financial support to the Diocese by the Mission or Parish.
(b) In October of each year, each Mission Committee and Vestry shall report to the Diocesan Office the proportion of its income it wishes to pledge to the Diocese for the following year.
SECTION 3. After its Every Member Canvass (by whatever name), but no later than December 10th, each Mission Committee and Vestry shall report to the Diocesan Office the expected dollar amount of its pledge, based upon the stated proportion of anticipated income.
SECTION 4. For the purpose of this Canon, income shall be defined as plate offerings, pledges to the operating budget, and any other undesignated receipts from whatever source.
SECTION 5. Pledge payments for each month shall be made to the Diocesan Office on or before the tenth day of the following month. As determined each year by the Mission Committee or Vestry, the amount of each monthly payment shall be calculated either (1) by applying the constant percentage to the actual income received during the previous month, or (2) by dividing the estimated annual dollar amount by twelve. If the latter schedule is adopted, a semiannual evaluation shall be made to ensure that the pledge payments reflect the stated percentage of the actual income received.
CANON 29
Business Methods in Church Affairs
SECTION 1. In every Parish, Mission, and institution connected with the Church in the Diocese of Mississippi, the following standard methods shall be observed:
(1) The fiscal year shall begin January 1st.
(2) All annual reports required by the Canons of the Diocese or of the General Church shall be made to the proper authorities on or before the first day of March.
(3) Trusts and permanent funds and all securities of whatsoever kind shall be deposited with a Federal or State bank, or with the Trustees of the Diocese, or with some other agency approved in writing by the Committee on Finance of the Diocese, or as otherwise lawfully provided.
(4) 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 funds are invested
(5) Books of accounts shall be kept so as to provide the basis for satisfactory accounting.
(6) All accounts shall be audited annually by an independent Certified Public Accountant, or independent Licensed Public Accountant or such audit committee as shall be authorized by the Diocesan Committee on Finance, no later than June 1 of each year; and a report that the audit has been done shall be submitted promptly to the Bishop.
(7) Treasurers and custodians, other than banking institutions, shall be adequately bonded; except Treasurers of funds that do not exceed $500.00 at any one time during the fiscal year.
(8) All their buildings and their contents shall be kept insured in such amounts and against such hazards as the Rector, Wardens, and Members of the Vestry, or as the Vicar and Mission Committee, shall deem advisable.
(9) The Committee on Finance of the Diocese may require copies of any and all accounts described in this Section to be filed with it, and shall report annually to the Council of the Diocese upon its administration of this Canon.
(10) The Vestry of every Parish and the Mission Committee of every Mission shall appoint a committee of not less than three persons to be known as the "Compensation Review Committee;" and it shall be the duty of said committee to review annually with the Rector or Vicar the compensation to be paid the Clergy and all lay employees in the ensuing year, to the end that all Clergy and lay employees shall receive fair and equitable compensation. The word "compensation" as used in this Canon shall include not only stipend, but also allowances for housing, utilities, travel, insurance, and any other customary allowances. In cases where two or more Parishes or Missions contribute to the total compensation paid to a Rector, Vicar or lay employee, the Compensation Review Committees of all the Parishes and Missions involved shall jointly review, by meeting, correspondence or telephone conversation, the total compensation of the Rector, Vicar or lay employee.
(11) At the time of filing the Parochial Report required by Canon 27, the Rector and Treasurer of every Parish and the Vicar and Treasurer of every Mission shall append to such report a certificate that the mandatory annual review of compensation has taken place.
SECTION 2. Effective January 1, 1993, all Parishes and Missions of this Diocese shall provide pension or retirement benefits to such of their lay employees as may be designated by the Executive Committee, under such terms and conditions as may be approved by the Executive Committee. The Executive Committee may require other organizations, subject to the Ecclesiastical authority of this Diocese, to provide such benefits to their employees at such time and under such conditions as it shall determine.
CANON 30
Indebtedness
SECTION 1. No indebtedness shall be incurred by a Parish, Mission or congregation without the approval of both the Bishop and Standing Committee, except:
(a) Indebtedness for permanent improvements, replacements or additions to real estate or equipment, where the amount of such indebtedness, plus indebtedness of every kind already existing, shall not exceed 150 percent of the average annual receipts of such Parish, Mission or congregation during the past three years.
(b) Indebtedness for current expenses where the amount of such indebtedness, plus all indebtedness theretobefore incurred for current expense and still existing, shall not exceed 20 percent of the total current receipts of such Parish, Mission or congregation during the preceding fiscal year; and the payment of all such indebtedness shall be provided for in the budget of the next ensuing fiscal year with reasonable expectation of its payment out of the receipts for the next two years.
(c) Provided that in computing receipts under subsections (a) and (b) hereof, amounts from or for endowments, or from or by bequests, shall not be included unless the same shall be income from an endowment or bequest, which income is not specially designated. Nor shall there be considered in this calculation any receipts for expenditures other than those for normal, parochial operating expenditures.
(d) The Bishop and the Standing Committee will be provided documentation supporting an exception under 29.1.a., b. and c. prior to entering into such indebtedness.
SECTION 2. Provided that under any circumstances under which approval is required, it shall be granted only when the payment of all indebtedness shall be provided for in a plan of amortization or other method of payment to be submitted to an approved by the same authority.
SECTION 3. No Vestry, Trustee, or other body, authorized by Civil or Canon law to hold, manage or administer real property for any Parish, Mission, congregation, or institution, shall encumber or alienate the same or any part thereof (save for the refinancing of an existing loan) without the written consent of the same authority.
CANON 31
Consecrated Church Buildings
SECTION 1. No church or chapel shall be consecrated until the Bishop shall have sufficiently certified that the building and the ground on which it is erected have been fully paid for and are free from lien or other incumbrance; and that such building and grounds are secured from the danger of alienation, either in whole or in part, from those who profess and practice the Doctrine, Discipline and Worship of this Church, except in the cases provided for in Sections 2 and 3 of this Canon.
SECTION 2. It shall not be lawful for any Vestry, Trustee, or other body authorized by law of any State or Territory to hold property for any Diocese, Parish or congregation, to encumber or alienate any consecrated church or chapel, or any church or chapel which has been solely used for Divine Service, belonging to the Parish or congregation which they represent, without the previous consent of the Bishop, acting with the advice and consent of the Standing Committee of the Diocese.
SECTION 3. No church or chapel shall be removed, taken down, or otherwise disposed of, for any worldly or common cause, without the previous consent of the Bishop, acting with the advice and consent of the Standing Committee of the Diocese.
CANON 32
Vacant Church Property
The Trustees of the Diocese shall have the care of Church property not occupied or used by any Parish, Mission, or Institution connected with this Diocese; and shall keep a record of such in accordance with the authority and provisions of Canon 8, Section 1, and Appendix II.
CANON 33
Penalties
SECTION 1. Whenever it becomes necessary for any Parish to receive financial support from the Diocese, or any other Parish or Mission, the Bishop or Bishop Coadjutor shall have the same control over said Parish as he/she now has and exercises over organized Missions, so long as this aid is extended to said Parish.
SECTION 2. (a) Whenever any Parish or Mission shall refuse or neglect for twelve consecutive months, without reasonable cause given, to pay in full its voluntary proportionate pledge to the Diocese, the Treasurer of the Diocese shall report such fact to the next meeting of the Executive Committee, specifying in such report the particulars of said delinquency. Written notice of his/her intention to make such report shall be given by the Treasurer of the Diocese to the Bishop and the Rector or Vicar and the Warden or Wardens of such Parish or Mission at least thirty days prior to the meeting of the Executive Committee, such notice to be accompanied by a copy of the proposed report.
(b) Upon the presentation of such report, together with evidence that notice has been given as above provided, the Executive Committee, by a majority vote of those members present, may recommend to the next Annual Council the forfeiture of the rights of said Parish or Mission to representation in the same, and the Council, by a majority vote of the Delegates present, may accept said recommendation.
(c) But any Parish or Mission so reported shall have the right to send one or more authorized lay representatives to appear before the Executive Committee at the time the said report is presented to present explanations in writing of the failure of the Parish or Mission to pay in full its voluntary proportionate pledge.
(d) Any such Parish or Mission thus denied representation in the Council shall, upon payment of arrearage as vouched for by the records of the Treasurer of the Diocese, be readmitted to representation in the Council.
SECTION 3. (a) Any Parish or Mission presented in like manner to the Council by the Bishop and Standing Committee for violation of the General or Diocesan Constitution or Canons of the Church may, by a concurrent vote of two-thirds of each Order, be declared contumacious, and thereupon shall forfeit its right to representation in the Council.
(b) But any such Parish or Mission may, upon application, and renewal of its vows of allegiance and obedience to the Doctrine, Discipline and Worship of the Protestant Episcopal Church in the United States of America and of the Diocese of Mississippi, and the presentation of restitution, insofar as applicable and practical, be re-admitted to representation in the Council by a concurrent vote of two-thirds of each Order.
SECTION 4. If a Parish in union with the Council shall neglect or decline to appoint Delegates, or if those appointed neglect or are prevented from attending, or if it shall incur any suspension or forfeiture of privileges, owing to neglect of its voluntary proportionate pledge, or otherwise, it shall nevertheless be bound by all the acts of the Council, the same as if fully represented. So far as the case admits, this shall also apply to organized Missions.
CANON 34
Change of Status of Parishes and Missions
SECTION 1. Whenever the Vestry of an existing Parish shall request either by petition signed by a majority of the members of said Vestry or by resolution adopted at a lawful meeting of said Vestry, that said Parish be remitted to the status of an organized Mission, the Bishop, acting with the advice and consent of the Standing Committee, shall present said petition and/or resolution to the next annual meeting of Council.
SECTION 2. Whenever an existing Parish shall
A. for the space of one full year:
(a) cease to be self-supporting; or
(b) fail to take the proper action to provide itself with the full regular services of a Cleric;
or
(c) fail to maintain regular religious services according to the Doctrine, Discipline and Worship of the Church; or
(d) have fewer members than required for the organization of a Parish; or
B. for the space of two full years:
(a) fail to elect a Vestry; or
(b) fail to file a Parochial Report as required by the Canon, the Bishop shall report same to the Standing Committee of the Diocese with a request for advice thereasto.
Upon the advice of the Standing Committee so to do, the Bishop shall present said report, together with proof of notice thereof, to the next annual meeting of Council. Written notice that such report will be made to Council shall be given to the Vestry of said Parish or, if there be none, to two adult Communicants thereof, at least thirty days prior to the convening of said Council.
SECTION 3. Upon presentation of either petition or report in accordance with the provisions of this Canon, by a majority vote of the Delegates present and voting, the Council may
(a) suspend such Parish from union with the Council and from representation therein; or
(b) change such Parish to the status of a Mission, Mission Station or Parochial Mission; or
(c) declare such Parish inactive.
Should such Parish be declared inactive, written notice of the action of Council shall be given to the Trustees of the Diocese witha description of the real property of such Parish.
Should such Parish be changed to the status of Mission Station, the Bishop shall appoint a custodian who is to take custody of and exercise supervision and care over the property of said changed Parish.
Should such Parish be changed to the status of Parochial Mission, such change shall not be made without the prior written consent of the Vestry of the Parish or the Mission Committee of the organized Mission to which such changed Parish is to be assigned.
SECTION 4. Any Parish heretofore admitted into union with the Council which shall have been changed to the status of a Mission, Mission Station or Parochial Mission as provided in this Canon, and which shall have regained its ability to function as a Parish, with prospect satisfactory to the Council of continuance thereof, and any Parish which has been suspended from union with the Council, may be restored to its former status by a majority vote of the Council, if such restoration be approved by the Bishop.
SECTION 5. The provisions of Sections 1, 2 and 3 of this Canon, in so far as applicable, shall govern the change of status of a Mission, Mission Station or Parochial Mission. In all cases, if a Parish, Mission, Mission Station or Parochial Mission be declared inactive, the Communicants and Baptized Persons remaining shall be transferred to the nearest active Parish or Mission in union with this Council.
SECTION 6. Any change in the status of a Parish or Mission which may affect its representation in the Council, shall become effective at the close of the Council at which it was made; provided, however, that upon the admission of a Parish or Mission into union with Council, the Lay Delegates of such Parish or Mission, upon presentation of their proper credentials, shall be given immediately the vote provided in Artice VII and Canon 2.
CANON 35
Vacant Parishes
SECTION 1. (a) Whenever the Cure of a Parish shall have become vacant (see Canon 23, Section 6) the Senior Warden shall, without delay, give notice thereof to the Bishop as follows:
The Right Reverend , Bishop of Mississippi
On behalf of the Vestry of Parish, I hereby give notice to the Bishop of the Diocese that the rectorate of the said Parish has become (or will become) vacant by the resignation of the Reverend taking effect , (date)
___________________________, Senior Warden
(b) The Bishop as Rector pro tempore shall afford the Vestry such assistance as may be in his/her power in filling the vacancy. In the meantime, he/she may appoint those of the Clergy in the Diocese, or any other qualified Cleric, who can with most convenience discharge the duty, to supply such vacancy, at such time as may be deemed convenient and proper. It shall be the duty of such a Parish thus supplied to defray all expenses incident to such occasional services; and, in all cases, the Clergy so sent shall have access to the church and other buildings.
SECTION 2. (a) When the Vestry has elected a Rector, such election shall, without delay, be reported to the Bishop as follows:
Place Date
The Right Reverend __________________________
Bishop of Mississippi
We, the Wardens, do hereby certify that the Reverend has been duly elected Rector of Parish.
, Senior Warden
, Junior Warden
(b) No election of a Rector shall be had until the name of the Cleric whom it is proposed to elect has been made known to the Bishop, if there be one, and sufficient time, not exceeding thirty days, has been given to him/her to communicate with the Vestry thereon, nor until such communication, if made within that period, has been considered by the Vestry at a meeting duly called and held for that purpose.
CANON 36
Parochial Schools
SECTION 1. Parochial Schools may be established in any community in the Diocese by a vote of the Vestry of the Parish or of the Mission Committee of the Mission, subject to the approval of the Bishop. Said Schools may, in the discretion of the Vestry or Mission Committee, be owned and operated by the Parish or Mission or by a separate corporation created for this purpose.
SECTION 2. The Board of Trustees of each Parochial School shall be constituted and elected as determined by the Vestry of the Parish or the Mission Committee of the Mission; provided, however, a majority of said Trustees or the members of the owning corporation, if such applies, shall be Communicants of the Episcopal Church.
SECTION 3. Each such Parochial School shall set forth its aims and purposes in a clearly defined policy statment, which shall include a declaration that no applicant, otherwise qualified, shall be denied admission because of race, creed, or color; and a statement certifying compliance with this policy shall be submitted to the Bishop.
SECTION 4. Among the goals of Parochial Schools offering a program of instruction for grades one through twelve, or any component thereof, shall be an effort to meet the standards of existing State and regional accrediting agencies.
SECTION 5. The Trustees of such Parochial Schools shall make annual reports to the Rector, Wardens and Vestry of said Parish or to the Vicar, Warden and Mission Committee of said Mission, a copy of which shall be furnished to the Bishop.
SECTION 6. All pre-schools and grade schools within the Diocese now existing, which are directly or indirectly operated, supervised, financially supported or sponsored by any Parish or Mission, shall be deemed Parochial Schools within the meaning of this Canon.
CANON 37
Convocations
SECTION 1. (a) The Executive Committee shall have authority, at its election, to create Convocations within the Diocese. Each Convocation shall have a specifically defined geographical area. All Parishes, Missions, Mission Stations, Parochial Missions, the Clergy who serve said Parishes, Missions, Mission Stations and Parochial Missions, and the Communicants thereof shall be part of each designated Convocation.
(b) The Executive Committee shall have the authority to alter, change, enlarge or reduce the boundaries of a Convocation from time to time.
SECTION 2. The purpose of a Convocation is to promote the missionary work of the Church and to strengthen the Church in each convocation.
SECTION 3. A Convocation shall have no representation in Council nor shall it have any governing authority.
SECTION 4. A Presbyter resident in the Conovocation shall be appointed Dean of said Convocation by the Bishop after consultation with the members of the Convocation. The Dean of the Convocation shall serve as Convener of the Convocation and coordinator of the programs and work of the Convocation.
SECTION 5. A Convocation, when once created and established, shall exist until the next Annual Council and shall continue from year to year unless terminated by action of the Annual Council of the Diocese.
TITLE III - THE CLERGY
A - PASTORAL RELATIONS
CANON 38
Authority and Responsibility
SECTION 1. The Rector shall have custody of all Parish buildings, and shall deem to what use they may be appropriated, subject to the provisions of Canon 24, Section 2.
SECTION 2. It shall be the duty of every Minister to see that music is used in his/her congregation as an offering for the glory of God and as a help to the people in their worship in accordance with the Book of Common Prayer and as authorized by Rubric or by the General Convention of this Church. To this end he/she shall be the final authority in the administration of matters pertaining to music, with such assistance as he/she may see fit to employ from persons skilled in music. It shall be his/her duty to suppress all light and unseemly music and all irreverence in the rendition thereof.
SECTION 3. (a) The Rector shall have full control of the worship and the spiritual jurisdiction of the Parish, subject to the Rubrics of the Book of Common Prayer, the Canons of the Church, and the Godly Counsel of the Bishop.
(b) In a Missionary Cure the control and the responsibility belongs to the Clergy who has been duly appointed to the church thereof, subject to the authority of the Bishop.
SECTION 4. All other Ministers of the Parish, by whatever name they may be designated, shall be under the authority of the Rector.
CANON 39
Continuing Theological Education
SECTION 1. Every ordained Minister of this Diocese shall be engaged in continuing theological education. Continuing theological education is defined as a systematic program of conservative and cumulative study, focused upon concerns where theological import is either central or closely related. All human experience may have an educational value, but this is a more purposeful, conscious learning that leads toward the development and enrichment of the individual.
SECTION 2. Every ordained Minister of this Diocese shall report annually to the Bishop on the progress of his/her program in continuing theological education.
SECTION 3. The Bishop and this Diocese shall be committed to support the ordained Ministers of this Diocese in their programs of continuing theological education. The full support and cooperation of each Vestry and Mission Committee for their ordained Ministers, that they continue to grow in the exercise of their vocations, shall be demonstrated by providing available time and financial assistance for continuing theological education.
CANON 40
Ecclesiastical Discipline
SECTION 1. Adopted by reference to be the disciplinary Canons of this Diocese, and incorporated herein as if copied in full in words and figures, is Title IV of the Constitution and Canons for the Government of the Protestant Episcopal Church in the United States of America, otherwise known as the Episcopal Church in its most current and official form.
SECTION 2. There is hereby established an Ecclesiastical Trial Court in and for the Diocese of Mississippi.
(a) The Ecclesiastical Trial Court shall consist of five (5) members of the clergy and four (4) lay persons. All members of the Court must be persons canonically resident within the Diocese.
(b) At each Annual Council three persons shall be elected to serve on the Ecclesiastical Trial Court for a term of three years. Persons elected shall be from each order as necessary to maintain the required make up of the Ecclesiastical Trial Court.
(c) The members of the Ecclesiastical Trial Court shall be elected for the first time at the 1996 Council. In order that there be staggered terms of the members of the Ecclesiastical Trial Court, 2 clergy shall be elected for three year terms at the 1996 Council, 1 clergy for a two year term and 2 clergy for a one year term. One lay person shall be elected to said Court for a three year term at the 1996 Council, 2 lay persons for a two year term and 1 lay person for a one year term. At the 1997 Council and thereafter, election of members to the Ecclesiastical Trial Court shall be as provided in Section 3(b) hereof.
(d) Vacancies occuring within the membership of the Ecclesiastical Trial 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 order as the person they replace. Vacancies must be filled within three months of notification of the vacancy unless sooner required by other provisions of National or Diocesan Canons.
(e) Within two months following each Annual Council, the members of the Ecclesiastical Trial Court shall elect from among themselves, by majority vote, one person to serve as Presiding Judge for a one year term.
(f) No person elected or appointed to serve on or with the Ecclesiastical Trial Court or as a Title IV Consultant (see 39.4.a) may concurrently serve on the Standing Committee of the Diocese.
(g) All persons elected or appointed under this section are eligible to be re-elected or re-appointed upon the expiration of their terms.
SECTION 3. There is hereby established a Diocesan Review Committee (DRC) as provided for by Title IV of the Canons of the Episcopal Church (2000 edition) USA. The DRC will operate in conformity with the Constitution of the Episcopal Church USA and with all provisions and procedures of Title IV of the Canons of the Episcopal Church USA as provided in the most current edition of the official Constitution and Canons of the National Church (ECUSA).
(a) The DRC will consist of seven members, four (4) clergy and three (3) lay (all canonically resident of the Diocese of Mississippi), to be appointed by the Bishop and confirmed at the annual Diocesan Council. All appointments will be for four (4) years and appointees shall not be re-appointed to a succeeding term without at least one year intervening.
(b) The DRC will meet for the purpose of organization and selection of a president within thirty (30) days of the adjournment of Diocesan Council. The DRC will elect from their membership a president who will serve for a year. The DRC will inform immediately the Bishop, president of the Standing Committee, and the president of the Ecclesiastical Trial Court of this election.
(c) Once the DRC has convened for the purpose of considering a charge, all current members of the DRC will remain on the DRC until there has been a disposition of the charge, the expiration of a member's term notwithstanding (only section 3.d of this canon may supercede this provision).
(d) If, in a specific investigation, any member of the DRC who may be unable to render a fair and independent judgement or for reasons of relationship, prior knowledge of essential facts or a close personal relationship with any of those involved in an allegation, shall be disqualified and excused from service in connection with the specific investigation. Such disqualification may be determined by personal recusal or procedural action of the DRC. The DRC will not replace a member excused in this way. A member disqualified in this way from a specific investigation will resume his or her role and function for all other matters before the DRC.
(e) The DRC will, within two months of the adjournment of Council, appoint a duly licensed attorney to serve as Church Attorney for a one-year term. This person may be re-appointed. The President of the DRC will inform the Bishop, the president of the Standing Committee, and the president of the Ecclesiastical Trial Court of this appointment.
SECTION 4. (a) The Bishop will appoint for three year terms one or more Title IV Consultants as described in Title IV.14.8. (as adopted at the 1997 General Convention).
(b) Title IV Consultants may be re-appointed upon the expiration of their terms.
SECTION 5. This Canon shall become effective following its passage and approval by the Bishop of the Diocese.
TITLE IV - CANONICAL LEGISLATION
CANON 41
Repeal and Enactment
SECTION 1. In all matters not herein provided for, the Canons of the General Convention will control, and nothing in these Canons shall be deemed as opposed to the general law of the Church.
SECTION 2. All previous Canons and standing resolutions of the Diocese are hereby repealed, but this repeal does not affect acts done under such Canons and resolutions.
SECTION 3. These enactments shall take effect immediately after adoption.
CANON 42
Mode of Amending the Canons
All proposed amendments to the Canons of the Diocese shall be referred to the Committee on Canons to be reported upon, and no alteration in the Canons shall be made unless presented to the Committee on one day and adopted at a meeting of Council by a majority of both Orders on a day thereafter, and approved by the Bishop before final adjournment of said Council; provided that by unanimous consent of Council, Canons may be received and referred to the Committee on Canons and acted upon at any time.
