Constitution
and Canons
of the
Episcopal Diocese of the Rio Grande
Table of Contents
CONSTITUTION
PREAMBLE
ARTICLE I Title and Bounds of the Diocese
ARTICLE II Acceding to The Constitution and Canons of the
General Convention
ARTICLE III Annual Convention
ARTICLE IV Standing Committee
ARTICLE V Officers of the Diocese
ARTICLE VI Election of a Bishop
ARTICLE VII Amendments
CANONS
CANON 1 Definitions
CANON 2 Convocation
CANON 3 Bishop
CANON 4 Standing Committee
CANON 5 Diocesan Council
CANON 6 Church Property
CANON 7 Diocesan Investment Board
CANON 8 Diocesan Camps and Conference Centers
CANON 9 Officers of the Diocese
CANON 10 Deputies to the General Convention and Provincial
Synod
CANON 11 Deaneries and Regional Ministries
CANON 12 Missions
CANON 13 Parishes
CANON 14 Vestries
CANON 15 Miscellaneous Regulations of Ministers
CANON 16 Commission on Ministry
CANON 17 Ecclesiastical Discipline
CANON 18 Cathedral Church
CANON 19 Commission on Episcopal Schools
CANON 20 Certificates and Forms
CANON 21 Insurance
CANON 22 Employment
CANON 23 Episcopal Theological Seminary of the Southwest
CANON 30 Amendments
The Diocese of the Rio Grande is a constituent member of the Protestant Episcopal Church in the United States, one of the duly constituted Dioceses of the Anglican Communion, a discipline of the one, holy, catholic and apostolic church. These Constitutions and Canons for the Diocese of the Rio Grande are adopted to supplement the constitution and Canons of the Episcopal Church in providing the framework for propagating the catholic faith as interpreted in the doctrine, discipline and worship in this church.
CONSTITUTION OF THE
DIOCESE OF THE RIO GRANDE
TITLE AND BOUNDS OF THE DIOCESE
That part of the Protestant Episcopal Church in the United States of America (otherwise known as the Episcopal Church) which is within the State of New Mexico and the Counties of El Paso, Culberson, Reeves, Jeff Davis, Brewster, Presidio, Terrell, Hudspeth and Pecos in the State of Texas, shall be known as the Diocese of the Rio Grande.
ACCEDING TO THE CONSTITUTION AND CANONS
OF THE GENERAL CONVENTION
The Diocese of the Rio Grande recognizes and accedes to the authority of the General Convention of the Episcopal Church.
SECTION 1. There shall be an Annual Convention of the Diocese. The Convention shall exercise the legislative powers of the Diocese. The Convention shall meet at such time and place as may be designated by the preceding Convention. However, for sufficient cause, the Ecclesiastical Authority, in consultation with the host parish or mission, shall have the power to alter the time and place of the meeting.
SECTION 2. The Bishop or the Ecclesiastical Authority of the Diocese may call a special session of the Convention upon such notice as may be required by canon.
SECTION 3. Membership of the Convention shall be provided by canon. Except when a vote is taken by orders, the Convention shall deliberate and act as one body.
SECTION 4. The Bishop shall be the Presiding Officer of the Convention, ex officio, with all rights of membership. If there is no Bishop, the Bishop Coadjutor or Suffragan Bishop shall serve as Presiding Officer. In the absence of a Bishop, Bishop Coadjutor or Suffragan Bishop, the Presiding Officer shall be elected as provided by canon.
SECTION 5. To constitute a quorum, the clerical order shall be represented by at least one clergyperson from each of a majority of the parishes and missions entitled to representation; and the lay order shall likewise be represented by at least one representative from each of a majority of the parishes and missions entitled to representation, except in the case of the election of a Bishop, a Bishop Coadjutor, or a Suffragan Bishop.
STANDING COMMITTEE
The Standing Committee of this Diocese, required by the Constitution and Canons of the General Convention, shall consist of equal numbers of clerical members and lay members. The members shall be elected by the Annual Convention as provided by canon and shall be members of the Convention, ex officio, with all right of membership. Vacancies in the Standing Committee shall be filled as provided by canon.
OFFICERS OF THE DIOCESE
The Officers of the Diocese shall consist of a Secretary, Treasurer, Registrar, Historian, Canonist and Chancellors. These officers shall be members of the Convention, ex officio, with all rights of membership.
ELECTION OF A BISHOP
SECTION 1. A Diocesan Bishop, a Bishop Coadjutor, or a Suffragan Bishop shall be elected at an Annual Convention, or at a Special Convention called for that purpose. The membership of Convention shall consist of the lay membership as provided by canon and all clergy, canonically resident for at least one year.
SECTION 2. When there is a vacancy in the office of Bishop, the Standing Committee shall nominate at least three qualified persons. Other nominations may be made from the floor of the Convention.
SECTION 3. After nominations have been made, the clergy and lay members in each Order shall vote concurrently by Orders. A majority of the membership in each Order shall be required for election.
SECTION 4. A quorum for the election of a Bishop, a Bishop Coadjutor, or a Suffragan Bishop shall be a majority of the eligible clergy and a majority of the lay membership. The majority of the lay membership must represent a majority of the congregations.
AMENDMENTS
Amendments to the Constitution shall become effective only after a two-thirds affirmative vote of Convention at two successive Annual Conventions.
DEFINITIONS
As used in these Constitutions and Canons:
“The Bishop” refers to the regularly elected and consecrated Bishop who is in charge of the Diocese.
A “Canonically Resident” clergyperson in good standing is one who
(a) has been ordained in and for this Diocese, or
(b) has been ordained in another Diocese or Missionary District for this Diocese, or
(c) has had Letters Dimissory accepted by the Ecclesiastical Authority of the Diocese, and who resides within the limits of this Diocese.
For the Purpose of (a) and (b) above, the time of canonical residence shall be calculated from the date of ordination as a Deacon. Canonical residence ends with the acceptance of Letter Dimissory by the Ecclesiastical Authority of another Diocese.
“The Church” refers to The Episcopal Church in the United States of America.
“Communicant” as defined in the General Canons is a member of this Church who has received Holy Communion in this Church at least three times during the preceding year and whose name has been entered in the Parish Register of a congregation of this Diocese. For purposes of statistical consistency throughout the Church, a communicant sixteen years of age and over is to be considered an adult communicant.
“Communicant in Good Standing,” as defined in the General Canons, is a communicant of this Church who for the previous year has been faithful in Corporate worship, unless for good cause prevented, and has been faithful in working, praying, and giving for the spread of the Kingdom of God.
“Congregation” refers to a parish, an aided parish or a mission in union with the Diocese.
“Constitution” and “Canons” refer to the Constitution and Canons of the Diocese of the Rio Grande.
“Convocation” refers to the annual meeting of the Diocese, as described in the General Canons and the Constitution of this Diocese, and is sometimes referred to as Convention.
“ The Diocese” refers to the Diocese of the Rio Grande of The Episcopal Church.
“Ex-officio delegates” are members of Convocation, with all rights of membership and shall be the Secretary, Treasurer, Historian, Canonist and Chancellors of the Diocese, lay members of the Standing Committee and Diocese Investment Board, the lay members at large of Diocesan Council, the lay Deanery representatives to Diocesan Council and the Deans of each Deanery.
“General Constitution” and “General Canons” refer to the Constitution and Canons for the Government of The Episcopal Church, adopted in General Convention.
“Parish Register” refers to the records mandated to be maintained by the General Canons and these Canons for each congregation.
“Parochial Report” is the annual report of each congregation mandated by General Canons and these Canons.
To be “Qualified to Served” means a person elected or appointed to any office, committee, commission, board or task force, shall be either canonically resident, if clergy, or an adult Communicant in Good Standing in this Diocese, if laity, and in either case, actually residing in this Diocese at the time of election or appointment and throughout the term for which elected or appointed. If not so qualified to serve, a vacancy is created in the position held which shall be filled as directed by Canon.
A “Qualified Voter” of a congregation is a confirmed adult communicant in good standing whose name is enrolled on the Parish Register.
CONVOCATION
SECTION 1. (a). At the time and place appointed for the Convocation, the Bishop or other Presiding Officer shall call the Convocation to order. If there be a quorum present, the Secretary shall so declare to the Presiding Officer. If there be no Bishop, Bishop Coadjutor, or Suffragan Bishop, the President of the Standing Committee or a member thereof shall act as the Presiding Officer until such time as the Convocation elects a Presiding Officer from among the clergy present.
(b). All Canonically resident clergy shall be delegates to the Convocation. The lay delegates shall consist of (1) ex-officio delegates; (2) the wardens from each congregation; and (3) the elected delegates and alternates to Convocation based upon the adult communicant members of each congregation in accordance with the following schedule:
Confirmed Adult Communicants Delegates/Alternates
0-24 1
25-250 2
251-550 3
551-850 4
851+ 5
Any person serving as a delegate/alternate of a congregation must be an adult Communicant in Good Standing of the congregation for which the person serves as a lay delegate or alternate and qualified to serve.
(c). In the event that a delegate and all of the alternate delegates are unable to attend a meeting of the Convocation, the Rector or Vicar of the congregation shall select persons to serve as delegates.
(d). It shall be the duty of the clergy or a warden of each congregation to forward to the Secretary a list of the wardens and delegates in the form prescribed by these Canons not later than thirty days prior to the Convocation.
(e). Should the membership right of any person be questioned, the matter shall be referred to a Committee on Credentials, consisting of two clergy and three lay delegates to be named by the Presiding Officer.
SECTION 2. (a). The order of business of each Convocation, except as otherwise provided by these Canons, shall be arranged by the Bishop or other Presiding Officer after consultation with the Secretary.
(b). For all matters not covered by the Constitution or Canons or by special rules of order adopted by the Convocation, the current edition of Roberts Rules of Order, Newly Revised, shall govern Convocation proceedings. All elections shall be by ballot, unless the same is dispensed with by unanimous consent. No vote may be cast by proxy.
(c). The Bishop or other Presiding Officer shall appoint all interim Committees and Commissions, and such Convocation Officers as may be required.
SECTION 3. (a). If a special meeting of the Convocation is called, the Secretary shall give notice to all congregations and ex-officio delegates, designating the time, place, and purpose of the meeting. Such notices shall be given at least thirty days prior to the meeting.
(b). The delegates of the preceding Convocation shall be the delegates of any special meeting of the Convocation, unless, in the interim, other delegates have been elected or selected.
SECTION 4. A vote by orders may be requested by five clerical delegates or may be requested by five lay delegates provided in either event the delegates represent five separate congregations. For a vote by orders, each delegate to the Convocation shall have one vote. A concurrent majority in each order shall be necessary for an affirmative action or election.
SECTION 5. All proposed resolutions of the Convocation, except those which may be introduced to the Convocation by special request of the Bishop, shall be submitted to the Resolutions Commission not less than 60 days preceding the meeting of the Convocation at which they are to be proposed, unless the Convocation shall by 2/3 majority, without debate, vote to accept the introduction of a proposed resolution.
SECTION 6. All nominations for elections by the Convocation, except those nominations which may be made from the floor of the Convocation, shall be submitted to the Nominating Commission not less than 75 days preceding the meeting of the Convocation at which they are to be made.
SECTION 7. All reports to be made to the Convocation shall be submitted to the Bishop not less than 45 days preceding the meeting of the Convocation at which they are to be made.
SECTION 8. All courtesy resolutions of the Convocation, except those which may be introduced to the Convocation by special request of the Bishop, shall be submitted to the Resolutions Commission by the end of the first day of the meeting of the Convocation.
SECTION 9. All resolutions and nominations received prior to Convocation shall be included in the advance reports to delegates to Convocation at least 30 days prior to Convocation.
BISHOP
SECTION 1. (a). The Bishop shall be the Ecclesiastical Authority of the Diocese, except as may otherwise be provided in the General Constitution and General Canons or the Constitution and Canons.
(b). Reference in the Constitution and these Canons to the Bishop means the Diocesan Bishop. In the absence or disability of the Diocesan Bishop, one of the following persons shall act as Bishop:
(1) the Bishop Coadjutor;
(2) the Suffragan Bishop, in the absence or disability of a Bishop Coadjutor;
(3) a Bishop, in the absence or disability of the Coadjutor or Suffragan, who has been given provisional charge of the Diocese under the General Constitution and General Canons.
SECTION 2. (a). The Diocesan Bishop, for sufficient cause, may request the election of a Bishop Coadjutor. In the request the Bishop shall advise the Convocation of the duties he expects to assign to the Bishop Coadjutor. The assignment of duties in the request shall not prevent the assignment of other or additional duties to the Coadjutor.
(b). A Bishop Coadjutor shall be a member of the Cathedral Chapter, ex-officio, with all rights of membership, and shall annually give a report of his official Episcopal Acts to the Convocation.
SECTION 3. (a). The Diocesan Bishop, for sufficient cause, may request the election of a Suffragan Bishop. The Suffragan Bishop shall serve at the direction of the Bishop.
(b). A Suffragan Bishop shall be a member of the Cathedral Chapter, ex-officio, with all rights of membership, and shall annually give a report of his official Episcopal Acts to the Convocation.
SECTION 4. The Bishop may appoint one or more Archdeacons. An Archdeacon may be the Rector or the Vicar of a congregation.
SECTION 5. The Bishop shall be a member, ex-officio, with all rights of membership, of all Diocesan committees, except the Standing Committee.
STANDING COMMITTEE
SECTION 1. (a). The Standing Committee shall consist of three clerical members and three lay members elected by the Convocation for a term of three years. The terms shall be staggered so that one clerical and one lay position expire each year. A member may be elected for two full consecutive terms, and becomes eligible for election again one year after the expiration of that member’s second term. The Treasurer and Chancellors shall be members, ex-officio, without voting privileges.
(b). Clerical members must be canonically and actually resident in the Diocese at least one year prior to election and qualified to serve. Lay members must be confirmed adult communicants in good standing within the Diocese for at least one year prior to election and qualified to serve.
(c). Vacancies created by reason of the death, resignation, or removal from the Diocese of a member shall be filled by the remaining members by the election of a person qualified to serve until the next Convocation.
(d). The lay members shall be ex-officio delegates of the Convocation.
SECTION 2. (a). The Standing Committee shall elect a President and a Secretary at its first meeting following the Convocation to serve for one year, or until their successors are elected.
(b). A majority of the members of the Standing Committee shall constitute a quorum. A vote of a majority of the entire Committee is required to exercise the power of the Committee.
(c). Members of the Standing Committee shall be entitled to reimbursement for actual expenses incurred in attending meetings of the Committee.
(d). Whenever members of the Standing Committee are absent from two consecutive meetings, whether regular or special, without good cause being shown, they shall be presumed to have resigned their position and vacancy is created.
SECTION 3. The Standing Committee shall have all the powers and it shall perform all the duties set forth by the General Constitution and General Canons and by the Constitution and Canons, including but not limited to the following:
(a) serving as council of advice to the Bishop;
(b) exercising Ecclesiastical Authority in the vacancy or disability of the Bishop;
(c) acting according to the Canons in the selection, examination and certification of persons seeking holy orders;
(d) advising and consenting to the purchase, construction, encumbrance and disposition of real property of the Diocese;
(e) implementing actions assigned by the Convocation of the Diocese in accordance with the General Constitution and General Canons and with the Constitution and Canons;
(f) supervising secular legal functions of the Diocese;
(g) advising on Diocesan personnel positions;
(h) adopting rules and operating procedures for the conduct of its business.
SECTION 4. The Standing Committee shall make an annual report to the Convocation.
SECTION 5. The Standing Committee and the Bishop shall be the ultimate board of arbitration in all matters relating to Diocesan personnel.
SECTION 6. The Standing Committee and Bishop shall conduct an annual review of compensation for all Diocesan personnel. The Standing Committee shall conduct an annual review of compensation for the Bishop. The recommendations resulting from such reviews of compensation shall be referred to the Diocesan Council.
SECTION 7. Any voting member of the Standing Committee shall not be eligible to serve on the Diocesan Council or the Commission on Ministry, with the exception of the Standing Committee representatives appointed by the Standing Committee to the Diocesan Council and the Commission on Ministry.
DIOCESAN COUNCIL
SECTION 1. (a). The Diocesan Council shall consist of one elected representative of each Deanery, members at large (two clergy and two lay persons elected by Convocation), the Diocesan Treasurer, a member of the Standing Committee appointed annually by the Standing Committee, the Deans of each Deanery and the Bishop. The Canon to the Ordinary, or the assistant to the Bishop, if there be one, shall be a member with voice but no vote. The two-year terms of the members at large shall be staggered so that one clerical and one lay position expire each year. Members at large may be elected for two consecutive terms, and become eligible for election again one year after the expiration of their second term.
(b). The clerical members at large must be canonically resident in the Diocese and qualified to serve, and lay members must be confirmed adult communicants in good standing for at least one year prior to election and qualified to serve.
(c). Vacancies created by reason of the death, resignation or removal from the Diocese of any of the members at large shall be filled by appointment of the Standing Committee with recommendations from the Diocesan Council. Appointees shall serve until the next Convocation at which the vacancy shall be filled by election. Vacancies of the elected representatives of the Deaneries shall be filled as provided in the bylaws of the Deanery.
(d) Whenever elected members of the Diocesan Council are absent from two consecutive meetings, whether regular or special, without good cause being shown, they shall be presumed to have resigned their position and a vacancy is created.
SECTION 2. The lay member of the Diocesan Council shall be ex-officio delegates of Convocation.
SECTION 3. (a). The Bishop or, if there be a vacancy in the office of the Bishop, the President of the Standing Committee, shall be President of the Diocesan Council. The Diocesan Council shall elect a Vice President and Secretary following the Convocation for a one-year term, or until their successors are elected. The Vice President shall preside in the absence of the President.
(b). A majority of the voting members of the Diocesan Council shall constitute a quorum.
(c). Members of the Diocesan Council and persons or groups appointed by the Diocesan Council to carry out its work shall be entitled to reimbursement for actual expenses incurred in attending meetings.
SECTION 4. The Diocesan Council shall have all the powers and it shall perform all the duties set forth by the Canons of this Diocese, including but not limited to the following:
(a) implementing actions assigned by the Convocation of the Diocese in accordance with the General Constitution and General Canons and with the Constitution and Canons;
(b) reviewing diocesan programs and goals, and serving as diocesan program planning group;
(c) determining budget and fair share policy;
(d) adopting rules and operating procedures for the conduct of its business.
SECTION 5. The Diocesan Council shall make an annual report to the Convocation.
SECTION 6. The Diocesan Council shall have charge of, and shall be the Convocation of the Diocese ad interim for the planning, coordination, and development of the mission of the Diocese, with the exception that the Standing Committee shall fill vacancies on the Standing Committee, the Diocesan Council and the Commission on Ministry.
SECTION 7. (a). The Diocesan Council shall meet at least four times annually. The President of the Diocesan Council shall set the regular meeting dates and, if necessary, dates of special meetings.
(b). The Diocesan Council shall prepare and propose the annual budget to the Convocation. The August meeting shall consider and recommend the proposed budget for the following year.
SECTION 8. The Diocesan Council shall formulate its own bylaws, including procedures for the appointment of such persons and groups as needed to carry out the work of the Diocesan Council.
SECTION 9. The bylaws of the Diocesan Council shall provide for the appointment of the Budget & Audit Committee. The Budget & Audit Committee shall have all the powers and it shall perform all the duties set forth by the General Canons and those directed by the Diocesan Council.
SECTION 10. There shall be an Executive Committee of the Diocesan Council, with duties delegated by the Diocesan Council, which shall consist of the President, the Diocesan Treasurer, the Canon to the Ordinary, or assistant to the Bishop, if there be one, with voice but no vote, and two persons elected by the Diocesan Council from its membership. One of the elected members shall be a representative of a Deanery and the other elected member shall be a member at large.
SECTION 11. Any voting member of the Diocesan Council shall not be eligible to serve on the Standing Committee or the Commission on Ministry, with the exception of the Standing Committee representatives appointed by the Standing Committee to the Diocesan Council and the Commission on Ministry. A dean of a Deanery may not also be a member at large.
CHURCH PROPERTY
SECTION 1. (a). Title to all real property within the State of New Mexico acquired by the Diocese, from or for the use of any parish, mission, or institution, shall be held for the use of the Church by the “Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation”. The Bishop, Bishop Coadjutor, Suffragan Bishop, Chancellors, the Treasurer of the Diocese and members of the Standing Committee shall constitute the membership of the Trustees of the Property of the Protestant Episcopal Church, in New Mexico. The Bishop shall be President and the President of the Standing Committee shall be Vice President of this Corporation.
(b). Title to all real property in the State of Texas acquired by the Diocese, from or for the use of any parish, mission, or institution, shall be held for the use of the Church in the name of the “Trustees of the Property of the Episcopal Church, Diocese of the Rio Grande, in Texas, a Corporation”. The Bishop, Bishop Coadjutor, Suffragan Bishop, Chancellors, the Treasurer of the Diocese, and the members of the Standing Committee shall constitute the membership of the Trustees of the Property of the Episcopal Church, Diocese of the Rio Grande, in Texas. The Bishop shall be President and the President of the Standing Committee shall be Vice President of this Corporation.
SECTION 2. An incorporated parish may hold property in its name subject to the requirements of this canon. Upon the request of an incorporated parish, property held for the parish by the Diocese shall be conveyed to the parish. A parish may not encumber, sell, lease or alienate real property without the written consent of the Bishop and Standing Committee. All of the terms of any such proposed transaction shall be submitted to the Bishop and Standing Committee.
SECTION 3. Parishes seeking approval for the acquisition of encumbered real property, the encumbrance of real property or for any change in the terms of an existing encumbrance shall submit the following information to the Standing Committee:
(a) a description of the property to be encumbered, with a statement of existing encumbrances on such property, if any;
(b) the amount of the money to be borrowed or the terms of any proposed change,
renewal or extension of an existing encumbrance;
(c) the terms of and the source of funds for repayment;
(d) a copy of its current budget;
(e) a statement of the use which will be made of the money; and
(f) the need for the proposed expenditure.
SECTION 4. Any new mission, parish or institution formed within the Diocese or joining the Diocese shall be subject to all of the requirements of this Canon and shall enter into such agreements and make such transfers and other conveyances as may be required by the Bishop and the Standing Committee to confirm that all real and personal property of the mission, parish or institution then owned or thereafter acquired shall be held, sold, transferred, alienated, conveyed, mortgaged or encumbered, in whole or in part, only in conformity with this Canon.
SECTION 5. (a) All trust and permanent funds, monies, securities, and all other tangible and intangible personal property, whether acquired by gift or bequest or raised by resolution of the Convocation, and belonging to the Diocese or any unincorporated parish, mission, or institution shall be under the control of the Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation, and shall be invested and administered by the Diocesan Investment Board or as directed by the Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation, and subject to oversight of the Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation. The Treasurer of the Diocese shall give an accounting of such funds and other personal property annually to the Convocation.
(b) Funds from the sale or property belonging to any mission being held by the Trustees of the Corporation and invested shall be held by the Trustees for the use of that mission for future building or the acquisition of property. Until such need for the use of the corpus being held, any income from the invested funds may be used by the mission for its operation or, if not needed, added to the corpus for future use.
DIOCESAN INVESTMENT BOARD
SECTION 1. The Diocesan Investment Board shall invest and administer the monies and other properties of the Diocese as may be assigned to its keeping by the Diocesan Council or the Trustees of the Property. The investment and administration of monies and other properties by the Diocesan Investment Board shall be subject to oversight of the Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation.
SECTION 2. The Diocesan Investment Board shall consist of the Bishop, the Treasurer of the Diocese, and three to eight members appointed by the Trustees of the Property. The terms of the appointed members shall be three years. The members shall be confirmed adult communicants in good standing who are resident within the Diocese and who are qualified to serve. The members shall elect a Chair from among the membership at the first meeting of the Board following the Convocation, with the Chair to serve until a new Chair is elected. Vacancies created by reason of death, resignation or removal from the Diocese shall be filled by appointment by the Trustees of the Property.
SECTION 3. The Diocesan Investment Board may appoint a Comptroller who shall keep the accounts of all monies and properties invested under the authority and control of the Diocesan Investment Board. The Diocesan Investment Board shall report to the Trustees of the Property at least annually, and shall also provide reports to the Diocesan Council and the Convocation.
SECTION 4. The corpus of all monies and properties under the authority and control of the Diocesan Investment Board, including all interest and other income derived there from, may be invested, reinvested or remitted to the Diocese of the Rio Grande in accordance with the designated purposes for which the funds were established. The Diocesan Investment Board may employ such counselors and advisors as it deems necessary in fulfilling its investment responsibilities.
SECTION 5. (a). The monies and other properties raised and acquired under the authority of Resolution Number 8 of the Fifth Annual Convention of the Diocese, together with any additions and accretions thereto, shall be a separate permanent fund known as the Episcopal Advancement Fund (hereafter referred to in this Section as the Fund).
(b). The principal of the Fund shall be invested and reinvested under the direction of the Diocesan Investment Board. The Board may make loans and from time to time, the Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation, may direct the Board to make loans from the Fund for capital projects at reasonable rates of interest to qualified congregations of the Diocese in accordance with such regulations and procedures as the Board may adopt. The interest and other income of the Fund shall be accumulated, invested and reinvested, and subject to oversight of the Trustees of the Property of the Protestant Episcopal Church in New Mexico, a Corporation, appropriated from time to time for reserves and to the expenses of management, to the making of grants for urgent capital, missionary, and advancement work of the church in this Diocese, and to the increase of the permanent principal of the Fund.
DIOCESAN CAMPS AND CONFERENCE CENTERS
SECTION 1. The Camp and Conference Center ministry shall be carried out through sites and facilities designated for that purpose.
SECTION 2. The Board of Directors of the Camps and Conference Centers, a sub-committee of the Diocesan Council shall be composed of the Bishop, a member of the Standing Committee appointed annually by the Standing Committee, a member of the Diocesan Council appointed annually by the Diocesan Council, a Young Church of the Rio Grande sponsor appointed annually by the Bishop, the President of the Young Church of the Rio Grande, and nine other members appointed by the Bishop, with the advice and consent of the Standing Committee, for three-year terms. One third of the nine members serving for three-year terms shall be appointed each year, and these members shall be confirmed adult communicants in good standing who are residents in the Diocese not more than three of whom shall be ordained and all members must be qualified to serve. No member shall serve more than two consecutive full three-year terms. Vacancies shall be filled in the same way as the original appointment, with the appointee serving for the unexpired term. The Board of Directors shall elect a Chair from its members.
SECTION 3. The responsibilities of the Board of Directors shall include, but not be limited to, the following:
(a) oversight of the program and year round use of the camp and conference facilities, which program shall be developed with advice and consent of the Diocesan Council;
(b) development and implementation of long range plans for existing camp facilities and possible future development, in consultation with the Trustees of the Property;
(c) hiring and supervision of staff, with all hiring to be subject to the approval of the Bishop and Standing Committee;
(d) development of an adequate funding base for program and development in consultation with the Diocesan Council;
(e) submission of annual financial reports to the Finance Commission of the Diocesan Council.
SECTION 4. The Board shall report annually to the Convocation. Reports shall be made to the Diocesan Council in the sixth month following each Convocation and at such other times as the Diocesan Council may require.
OFFICERS OF THE DIOCESE
SECTION 1. (a). A Secretary shall be appointed by the Bishop or Ecclesiastical Authority, subject to the approval of the Convocation. The Secretary shall remain in office until a successor is selected. The Secretary shall take the minutes of the proceedings of the Convocation and preserve its records; attest the public acts of the body; deliver the Journals and records of the Convocation to the Registrar; and perform such other duties as may be directed by the Convocation or by the Bishop, or Ecclesiastical Authority, or by the enactments of the General Convention. The minutes of the proceedings of the Convocation may be taken and maintained by the Secretary in any audio or electronic form which will provide a record of the proceedings.
(b). It shall be the duty of the Secretary to deliver to the Registrar the minutes of the Convocation, together with the Journals, files, papers, reports, and all other documents within six months after the adjournment of the Convocation. The minutes may be destroyed by the Registrar three years after receipt.
(c). Following each General Convention, the Secretary shall distribute a copy of the General Constitution and General Canons to each congregation in the Diocese.
SECTION 2. An Assistant Secretary may be appointed by the Secretary. If a vacancy shall occur in the office of Secretary, the duties of the Secretary shall be carried out by the Assistant Secretary, or if none, by a Secretary pro tem appointed by the Bishop or Ecclesiastical Authority.
SECTION 3. An Executive Secretary may be appointed by the Bishop, subject to the approval of the Convocation, to assist in administering the program and finances of the Diocese and perform such other duties as shall be prescribed by the Bishop.
SECTION 4. (a). A Registrar shall be appointed by the Bishop, or Ecclesiastical Authority, subject to the approval of the Convocation. The Registrar shall receive all Journals, files, papers and such other document as may be forwarded to him by the Bishop, catalog or index the items received and provide for their safekeeping, and perform such other duties as may from time to time be prescribed by the Convocation.
(b). A Historian shall be appointed annually by the Bishop or Ecclesiastical Authority. The Historian shall collect, preserve, arrange, and edit historical and biographical material pertaining to the Diocese, its congregations, institutions, and activities, when such material is received by the Registrar, or is delivered to the Historian by any officer or institution of the Diocese.
SECTION 5. (a). A Treasurer shall be elected by the Convocation for a term of three years. In addition to the duties prescribed by other canons, the Treasurer shall:
(1) receive and disburse all funds collected under the authority of the Convocation, except those funds which are collected and disbursed under special provisions, in these canons or otherwise;
(2) supervise the keeping of the accounts of the fair share of giving of the congregations;
(3) provide the Secretary, before the opening of each Convocation, with a list of all congregations delinquent in the full payment of their fair share of giving;
(4) present to each Convocation a statement of accounts of the congregations for the previous year;
(5) publish an account of the fair share of giving of each congregation in the official newspaper of the Diocese;
(6) maintain custody of all funds assigned to the Treasurer’s keeping by the Bishop, the Convocation, and the Finance Commission, and file an account of such funds at the Convocation.
(b). The accounts and the books of the Treasurer shall be audited by a certified public accountant, and the auditor’s report shall be provided to the Secretary not later than thirty days prior to the Convocation.
(c). An Assistant Treasurer shall be appointed by the Standing Committee upon nomination by the Bishop. The Assistant Treasurer shall perform such duties as may be assigned by the Treasurer. In the event of the death, resignation, or disability of the Treasurer, the Assistant Treasurer shall succeed to the office until the next Convocation.
(d). The Treasurer and the Assistant Treasurer shall each give bond as required by the General Canons. The amount and terms shall be subject to the approval of the Finance Commission and the premium or cost paid by the Diocese.
SECTION 6. Two Chancellors shall be appointed annually by the Bishop, or Ecclesiastical Authority, subject to the approval of the Convocation. The Chancellors shall be lay confirmed adult communicants of the Diocese in good standing. One shall be a resident member of the Bar of the State of Texas and one shall be a resident member of the Bar of the State of New Mexico. The Chancellors shall be the legal advisors to the Bishop, the Convocation, and the several boards and committees of the Diocese.
SECTION 7. A Canonist may be appointed annually by the Bishop subject to the approval of the Convocation. It shall be the duty of the Canonist to maintain an accurate codification of the Constitution and Canons of the Diocese. The Canonist shall be a member of the Constitution and Canons Commission, ex-officio, with all rights of membership and, upon request, shall advise the Bishop on canon law.
SECTION 8. (a). Should a vacancy occur in any elective or appointive office, a successor shall be appointed by the Bishop or Ecclesiastical Authority, with the approval of the Standing Committee, to serve until the next Convocation, unless otherwise provided by canon.
(b). Unless otherwise provided by canon, each elective officer shall make an annual report to the Convocation.
(c). All officers, elected or appointed, shall be either clergy or lay confirmed adult communicants in good standing, resident within the Diocese for not less than one year prior to their election or appointment and shall be qualified to serve.
SECTION 9. The Diocese of the Rio Grande shall indemnify and save harmless any individual serving on the Standing Committee, the Diocesan Council, the Finance Commission, the Trustees of the Property of the Protestant Episcopal Church in New Mexico, the Trustees of the Property of the Episcopal Church, Diocese of the Rio Grande, in Texas, the Diocesan Investment Board, the Board of Directors of the Camps and Conference Centers, the Officers of the Diocese, the assistants to the Bishop by whatever title they may be called together with the Diocesan staff, and the officers of the Diocesan institutions, against any and all reasonable expenses, costs, liabilities and claims (including, without limitation, legal fees to defend against such liabilities and claims) arising out of their discharge in good faith of responsibilities under or incident to their service for the Diocese, including expenses, costs and attorney’s fees actually or reasonably incurred in connection with the defense of any action, suit or proceeding, civil or criminal, in which such person is made a party by reason of being or having served as an officer or agent of the Diocese, excepting only expenses and liabilities arising out of willful misconduct or bad faith. The indemnification shall include any amounts paid to satisfy a judgment or to compromise or settle a claim. This indemnity shall not preclude such further indemnities as may be available under any insurance purchased by the Diocese or provided by the Diocese through any other agreement. It is the intention of the Diocese that the indemnification provided for in this Section shall not limit, but shall be in addition to any immunity or indemnification otherwise provided by law.
DEPUTIES TO THE GENERAL CONVENTION AND PROVINCIAL SYNOD
SECTION 1. At the first Convocation occurring after each General Convention of the Church, the Convocation shall elect clerical and lay deputies, plus alternates, to represent the Diocese at the succeeding General Convention and any Synod of the Province. The number of such deputies shall be determined by the General Convention and an equal number of alternates shall be elected. The deputies elected to the General Convention shall also represent the Diocese at the Synod of the Province.
SECTION 2. (a) Each clerical deputy must be canonically and actually resident in this Diocese for at least one year prior to election. Each lay deputy must be actually resident and a confirmed adult communicant in good standing of a congregation of this Diocese for at least one year prior to election.
(b) Any clerical deputy who shall cease to be canonically resident and actually residing in this Diocese, and any lay deputy who ceases to be actually residing in this Diocese or a confirmed adult communicant in good standing shall no longer by qualified to serve as a deputy to represent the Diocese at the General Convention and the Synod and shall be deemed unable to represent the Diocese.
SECTION 3. (a) The deputies shall serve until their successor are elected or designated. In the event that a deputy is unable to represent the Diocese at the General Convention and/or the Synod, or any session thereof, the Bishop shall designate the alternate or alternates to attend.
(b) If any deputy shall cease to serve or be disqualified from serving as a deputy for any reason, the Bishop shall designate an alternate to serve in place of the deputy until the next Convocation. If all alternates have been so appointed to serve as deputies and there be an insufficient number of deputies to represent the Diocese at the General Convention or at the Synod, the Bishop shall appoint such additional deputies as may be necessary to provide full representation for the Diocese, such appointed deputies to serve until the next Convocation.
SECTION 4. The Secretary of the Diocese shall notify the Secretary of the General Convention and the Secretary of the Synod of the names and addresses of the persons who will represent the Diocese at the General Convention and Synod in the form and manner required by canon or instructions from the General Convention or Synod.
DEANERIES AND REGIONAL MINISTRIES
SECTION 1. (a). The Diocese may be divided into Deaneries by the Bishop with the advice of the Diocesan Council.
(b). All congregations within the geographic limits of a Deanery are members of the Deanery. The delegates to Convocation from the member congregations of the Deanery shall be the representatives to Deanery meetings.
(c). In each Deanery the Bishop shall appoint a Dean who serves at the pleasure of the Bishop. Deans shall be ex-officio delegates of the Convocation, with all rights of membership.
(d). Each Deanery shall elect a representative, other than the Dean, to the Diocesan Council for a two-year term. In even-numbered years the Northwest and the Southeast Deaneries shall elect. In odd-numbered years the Southwest and the Northeast Deaneries shall elect. A person may serve as the elected representative for two full consecutive terms and become eligible for election again one year after the expiration of his/her second term.
(e). Each Deanery shall have a Deanery Board, consisting of the Dean, the elected representative of the Deanery to the Diocesan Council, the Deanery Treasurer, and at least two but no more than five other members elected by the Deanery. The Deanery Treasurer and the other elected members of the Deanery Board are to be elected in accordance with Deanery bylaws. The Dean shall preside at all meetings of the Deanery and of the Deanery Board.
(f). The Deanery shall be responsible for identification of mission needs, and shall supervise and be annually accountable for funds allocated to it by the Diocesan Council.
SECTION 2. (a). The Diocese may also be divided into Regional Ministry Areas by the Bishop with the advice of the Diocesan Council.
(b). Each Regional Ministry shall be served by a Board whose chairperson shall be a clergy supervisor appointed by the Bishop.
(c). Membership on a Regional Ministry Board shall include the Bishop’s Wardens and one delegate from each mission congregation, and one delegate from each Parish congregation, all of whom are canonically resident and actually residing within the geographical bounds of a Regional Ministry Area.
MISSIONS
SECTION 1. (a). The Bishop may organize, suspend or dissolve missions in consultation with the Diocesan Council and Standing Committee. The Bishop shall have authority over the affairs of a mission and shall appoint a Vicar or some other person as representative.
(b). No new mission shall be organized or regular services instituted except as authorized by the Bishop, acting in consultation with the Diocesan Council. No mission may change its location without the prior approval of the Bishop and the Diocesan Council.
(c). An application to establish a new mission may be made by twelve confirmed adult communicants in good standing on the form prescribed in Canon 20. An application may also be made by a parish vestry seeking to establish a parochial mission. In the latter case, the application may be made by resolution of the vestry, agreeing to sponsor the mission and hold property in trust for the mission.
SECTION 2. The Bishop shall appoint a Bishop’s Committee for each mission, consisting of the Vicar, a Warden and not more than eleven laypersons. The Vicar shall be chair. The Warden and members shall be qualified voters of the mission. The Warden and the members shall serve at the pleasure of the Bishop. The Committee shall elect a treasurer and clerk who need not be members of the Committee.
SECTION 3. The Bishop’s Committee of a mission congregation seeking base budget support shall make their request to the Diocesan Council each year.
SECTION 4. (a). The qualified voters of each mission shall meet annually for the purpose of recommending persons to be appointed to the Bishop’s Committee, electing delegates and alternates to the Convocation, receiving reports covering parochial statistics and finances and the transaction of such other business not prohibited by canon or civil law. The bylaws of the mission may provide for staggered election to multi-year terms, not to exceed three years, for delegates to the Convocation.
(b). The Bishop, or, in the Bishop’s absence, the Vicar, shall preside at the meeting. In the absence of both, the Warden, or, in the absence of the Warden, a member of the Bishop’s Committee, in order of seniority, shall preside.
(c). Special meetings of the mission may be called by the Bishop, the Vicar, the Warden, any two members of the Bishop’s Committee or on the petition of at least 25% of the qualified voters of the mission. Notice of the special meeting shall be given by the monthly bulletin, if any, or by announcement on two consecutive Sundays at the regular Sunday service. In addition, if a meeting is called by the Bishop, the Bishop may direct that notice be given by any reasonable method.
SECTION 5. A mission receiving financial aid from the Diocese shall annually report its financial condition, including receipts and disbursements, on such form as the Bishop may prescribe.
SECTION 6. An Every Member Canvass, or some other stewardship program, shall be conducted annually by each mission prior to the Convocation.
PARISHES
SECTION 1. A mission congregation may apply for parochial status on the form prescribed in these Canons. Parochial status may be granted by the Bishop acting with the advice and consent of the Diocesan Council. The mission must be able to demonstrate that it can meet the following conditions:
(a) ability to support a full-time rector at not less than the diocesan minimum compensation, including providing an adequate housing allowance or a rectory;
(b) ability to provide and maintain permanent facilities for the exclusive use of the congregation for worship and other congregational activities, unless such congregation is wholly within a public land enclave and thereby prohibited from owning property; provided, however, for good cause shown, the Bishop with the advice and consent of the Diocesan Council may waive the requirement of this subsection upon such conditions and requirements a the Bishop together with the Diocesan Council may deem proper;
(c) ability to pay the fair share of giving under the apportionment formula of the Diocese.
SECTION 2. (a) A parish congregation is considered an aided parish when it is unable to pay the minimum diocesan stipend and all financial requirements for a Rector. An aided parish may remain an aided parish for a period not to exceed five years. If in this period the congregation is unable to meet financial goals, it shall become a mission congregation with the advice and consent of the Bishop and Diocesan Council. If the parish becomes vacant while being an aided parish, the Bishop shall have the right to call and appoint the Rector.
(b) If at any time a parish is unable to meet its financial obligations, including payment of its fair share of giving, the Bishop, with the advice and consent of the Diocesan Council, may change the status of the congregation from a parish to an organized mission, or may, with the full disclosure of all financial records and the presentation of a plan to meet financial obligations the following year, lower the parish’s fair share.
(c) In addition to the provisions of Section 2 (b) above, the Convocation may, by a two-thirds majority vote, dissolve a parish, reduce it to mission status or suspend the parish’s representation at the Convocation, unless such parish has been designated as an aided parish, for any of the following reasons:
(1) failure of the parish to make a Parochial Report for two successive years;
(2) failure of the parish to employ a rector or a settled minister for a period of six months;
(3) willful disregard or disobedience by the parish of a provision of the General Constitution and General Canons or those of this Diocese;
(4) failure to pay its fair share of giving as determined by the formula.
SECTION 3. (a). The qualified voters of each parish shall meet annually for the purpose of electing members to the vestry and delegates and alternates to the Convocation, receiving reports covering parochial statistics and finances and the transaction of such other business not prohibited by canon or civil law. The bylaws of the parish may provide for staggered election to multi-year terms, not to exceed three years, for delegates to the Convocation.
(b). Special meetings of the parish may be called by the Bishop, the Rector, a Warden, or any two members of the vestry, or on the petition of 25% of the qualified voters of the parish. Notice of the special meeting shall be given by the monthly bulletin, if any, or by announcement on two consecutive Sundays at the regular Sunday service. In addition, if a meeting is called by the Bishop, the Bishop may direct that notice be given by any reasonable method.
(c). The Bishop or Rector shall preside at all meetings of the parish. In the absence of both, the Senior Warden, or, in the absence of the Senior Warden, the Junior Warden, shall preside. In the absence of the Bishop, Rector, Senior Warden, and Junior Warden, a member of the vestry, in order of seniority, shall preside.
SECTION 4. A parish may incorporate under state law, provided that the corporate name includes the words “Episcopal Church” and the articles of incorporation specify that the Rector, Wardens and vestry shall constitute the board of directors. A parish may adopt bylaws, which shall incorporate by reference the General Constitution and General Canons and those of this Diocese. A copy of the bylaws and articles of incorporation, if any, shall be filed with the Bishop.
SECTION 5. An Every Member Canvass, or some other stewardship program, shall be conducted annually by each parish prior to the Convocation.
SECTION 6. A parish may not change its geographical or physical location without the prior approval in writing of the Bishop and the Diocesan Council and the Standing Committee.
VESTRIES
SECTION 1 (a). The vestry shall consist of the Rector of the parish, a Senior Warden, a Junior Warden and elected members. The number of the elected members of the vestry shall be divisible by three, and may not exceed fifteen members. All members of the vestry shall be qualified voters of the parish.
(b). The Senior Warden may be:
(1) elected from among the vestry membership by the qualified voters of the parish;
(2) elected from among the vestry by the vestry;
(3) appointed by the Rector from among the vestry;
(4) appointed by the Rector from among the qualified voters of the
parish.
The parish bylaws shall provide the manner of election or appointment of the Senior Warden. The term of office of the Senior Warden may not exceed three consecutive years.
(c). The Junior Warden may be:
(1) elected from among the vestry members by the qualified voters of
the parish;
(2) elected annually from among the vestry members by the vestry.
The parish bylaws shall provide the manner of election of the Junior Warden. The term of office of the Junior Warden may not exceed three
consecutive years.
(d). One-third of the elected vestry members shall be elected annually by the qualified voters of the parish, for a term of three years. Vacancies in the vestry shall be filled by the vote of a majority of the remaining members. The person chosen to fill the vacancy shall serve until the next succeeding Annual Meeting. The Annual Meeting shall elect a person to fill the unexpired term.
(e). Upon the establishment of a new parish, vestry members shall be elected as
follows: one-third to serve for a period of one year, one-third for two years,
and one-third for three years.
(f). In any parish having thirty or more confirmed adult communicants, a retiring
vestry member who has served a full term of three years shall not be eligible
for election to the vestry until one year after the expiration of the full term.
(g). At its first meeting after the Annual Meeting, the vestry shall elect a treasurer and a clerk who need not be vestry members.
SECTION 2 (a). Regular meetings of the vestry shall be held monthly at a time and place to be fixed by the vestry, or in default thereof, by the Rector.
(b). Special meetings of the vestry may be called by the Rector or one of the Wardens, by the Bishop, or by two members of the vestry, upon such notice as the vestry shall prescribe.
(c). A majority of the vestry shall constitute a quorum for the transaction of business; provided, however, that one of the quorum must be the Rector or a Warden.
(d). The Rector shall preside at meetings of the vestry and shall have all the rights of other members. In the absence of the Rector, the Senior Warden, or in the absence of the Senior Warden, the Junior Warden, shall preside.
SECTION 3. If a Warden or vestry member is absent from four regular or special consecutive meetings without good cause recorded in the minutes of the meetings missed, that member shall be dropped from the vestry and a vacancy declared. The remaining members shall fill the vacancy as provided in this Canon.
SECTION 4. The vestry shall have responsibility for the business matters of the parish, including providing, and keeping in good order, a house of worship and all the necessary furnishings and appointments of the same; providing all things requisite to the carrying on of the work of the parish, and making payments of all parish obligations, including the fair share and other obligations to the Diocese.
SECTION 5. The vestry shall elect a Rector in accordance with the Canons of the General Convention after conference with the Bishop and after due consideration of all nominations presented by the Bishop. The vestry shall have the right to consider other nominees.
MISCELLANEOUS REGULATIONS OF MINISTERS
SECTION 1. The Rector or Vicar shall have general supervision of every organization of the congregation and no organization may be formed without consent of the Rector or Vicar.
SECTION 2. In addition to the information required by the General Canons, a record of all public services shall be kept by the Rector or Vicar in the Parish Register, including the place, date and nature of the service. For the service of Holy Communion, the number of persons participating in the communion shall also be recorded.
SECTION 3. The statistics and records kept in the Parish Register, or any portion thereof, shall be reported by the Rector or Vicar to the Bishop on such form and at such intervals as the Bishop may prescribe and shall be compiled annually and reported to the Convocation.
SECTION 4. The Senior Warden of a parish, or the Warden of a mission, is responsible for maintaining parochial statistics and making parochial Reports in the absence of the Rector, Vicar or other settled minister.
SECTION 5. Licenses for Lay Readers, Pastoral Leaders, Lay Preachers, Lay Eucharistic Ministers, or Catechists shall be granted in accordance with Title III.3 of the General Canons for a definite term not to exceed three years. The report seeking renewal of these licenses shall be filed with the Bishop no later than two weeks before the license expires.
SECTION 6. In addition to the requirements of the General Canons, a person seeking a license as a Lay Reader, Pastoral Leader, Lay Preacher, Lay Eucharistic Minister, or Catechist must obtain written recommendation of a majority of the vestry or Bishop’s Committee.
SECTION 7. All clergy of the Diocese shall undertake continuing education regularly. An annual report of continuing education activities shall be made to the Bishop and the Commission on Ministry.
SECTION 8. Local Priests and Local Deacons may be licensed by the Bishop, with the advice and consent of the Standing Committee, for a period of time not to exceed three years.
SECTION 9. Clergy not in ecclesiastical employment may be licensed by the Bishop, with the advice and consent of the Standing Committee, for a period of time not to exceed two years, the Bishop and Standing Committee having satisfied themselves that the applicant will have, and use, opportunities for the exercise of the office to which ordained, on the following condition: the members of the clergy shall report annually in writing, in a manner prescribed by the Bishop, their occasional services, as provided by the General Canons.
SECTION 10. Clergy not canonically resident may be licensed by the Bishop, with the advice and consent of the Standing Committee, for a period of time not to exceed three years.
SECTION 11. Clergy having attained the age of seventy-two years may be licensed by the Bishop, with the advice and consent of the Standing Committee, for a period of time not to exceed one year.
COMMISSION ON MINISTRY
SECTION 1. The Commission on Ministry shall consist of four clergy persons, four lay members, a recent Seminary graduate, a member of the Standing Committee appointed annually by the Standing Committee, may include a psychiatrist or a psychologist, or a pastoral counselor, and may include a person ordained under III.6 or III.9 of the General Canons. All members shall have voice and vote. The Committee shall elect a Chair from among its members annually.
SECTION 2. In the odd years, one clergy person shall be elected for a four-year term, and one lay person shall be appointed by the Bishop for a four-year term. In the even years, one lay person shall be elected for a four-year, and one clergy person shall be appointed by the Bishop for a four-year term.
SECTION 3. A recent seminary graduate shall be appointed annually by the Bishop for a one-year term. The Standing Committee shall appoint, annually, one of its members for a one-year term. A psychiatrist or psychologist or pastoral counselor may be appointed annually by the Bishop for a one-year term, such appointment to be within the standards established by the Commission on Ministry. A person ordained under III.6 or III.9 of the General Canons may be appointed annually by the Bishop for a one-year term. The clergy persons shall be canonically resident in the Diocese. The lay members shall be confirmed adult communicants in good standing.
SECTION 4. Should any vacancy occur between the meetings of Convocation, the vacancy
shall be filled by the Bishop, from the same order, with the approval of the
Standing Committee. The person chosen to fill the vacancy will serve until the
next succeeding Convocation, at which time, if the vacancy is from an appointed
position, the Bishop shall appoint a successor for the remainder of the unexpired
term from the same order. If the vacancy is from an elected position, the Convocation
will fill the vacancy for the unexpired term from the same order. A member may
serve two consecutive four-year terms, and again becomes eligible to serve one
year after the expiration of the second term.
ECCLESIASTICAL DISCIPLINE
SECTION 1. (a). The Ecclesiastical Court shall consist of seven judges: four clergy who are canonically resident and qualified to serve and three lay members who are confirmed adult communicants in good standing in the Diocese and qualified to serve. Two clergy and one lay member shall initially be elected for a one-year term; one clergy and one lay member shall initially be elected for a two-year term and one clergy and one lay member shall initially be elected for a three-year term; thereafter all terms shall be three years. Death, disability rendering a member unable to act, resignation or declinations to serve shall constitute a vacancy on the Court. Notices of resignation or declination to serve shall be given in writing to the Presiding Judge. A vacancy occurring between Convocation may be filled by majority vote of the other members of the Court. The person chosen to fill the vacancy shall be from the same order as the person vacating the position, must be qualified to serve and shall serve until the next Convocation, when such vacancy shall be filled for the remainder of the vacant term by election.
(b). The members of the court shall elect a Presiding Judge and clerk from among their members within two months following each Convocation. The Presiding Judge shall have final authority for all rulings on evidence during trial. The clerk shall be responsible for maintaining the pleadings, exhibits and records of the trial.
(c). Four members of the court shall constitute a quorum for trial. The concurrence of four members of the court shall be necessary for a judgment of conviction.
(d). Members of the court may recuse themselves from hearings a matter brought before the court. The accused may disqualify one permanent member of the court by filing an affidavit with the clerk stating that the member will be unable to preside over the case with impartiality. Notice of resignations or vacancies created by recusals or disqualification shall be filled, for the trial, in the same manner as permanent vacancies.
(e). The court may appoint a lawyer at act as lay assessor to advise the Court on the conduct of the trial or on questions of procedure, evidence or on substantive legal questions.
(f). All proceedings of the court shall be recorded by stenographic method or audiotape and shall be certified by the Presiding Judge of the Court or if the Presiding Judge is unavailable by reason of death, disability or absence, certification of authenticity shall be made by a member of the Court designated to so act by a majority of the Court.
(g). The Federal Rules of Evidence shall apply to the proceedings of the court. The testimonial privileges of a witness shall be determined in accordance with the law of the state where the alleged privileged transaction arose. Witnesses shall be sworn on the following oath: “Do you most solemnly call God to witness that the evidence you are about to give in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?”
(h). Depositions may be taken and used at trial in accordance with the Federal Rules of Civil Procedure.
SECTION 2. (a). The Standing Committee shall appoint a Church Advocate. Upon issuance of the presentment as provided in the General Canons, the Church Advocate shall forward copies to the accused, the Presiding Judge of the court and the Bishop. The Presiding Judge of the court shall set a date for trial upon thirty days notice to the accused and the Church Advocate.
(b). The Presiding Judge of the court and its legal advisor, if any, may hold a pretrial conference with the accused, his counsel and the Church Advocate for the purpose of determining the conduct of the trial and the simplification of the issues.
(c). At least twenty-one days prior to the date of the trial, the Church Advocate shall provide the accused with the names of the witnesses for the prosecution and copies of any written statements made by the witnesses.
(d). In the event that accused fails to appear for trial, the court may, in its discretion, set another date for trial or may proceed to trial without the accused.
(e). If, after trial, the accused is found guilty of the charge, the court shall issue a written judgment of conviction, including its recommended sentence, and refer the matter to the Bishop for further proceedings in accordance in the General Canons.
SECTION 3. As permitted by Canon 30, if the canonical changes proposed to the 1996 Convocation to this Canon 17 are adopted, such changes shall become effective upon adoption.
(This section is effectuating and is not necessarily retained as a written canonical section.)
CATHEDRAL CHURCH
SECTION 1. St. John's Church in the See City of Albuquerque is the Cathedral Church of the
Diocese of the Rio Grande and the official seat of the Bishop. The Bishop shall have the right to
use the Cathedral for any of the services of the Church at any time, after reasonable notice to the
Dean.
SECTION 2. (a). The Cathedral Chapter shall be the governing body of the Cathedral. The
Chapter shall consist of the Bishop, the Bishop Coadjutor, if any, the Suffragan Bishop, if any,
the Dean, the Chancellors, the Treasurer of the Diocese, three at-large members elected by the
Annual Convention, and the Wardens and vestry of the Cathedral Parish.
(b). The Annual Convention shall elect one at-large member annually to serve on
the Chapter for a three-year term. No member shall be eligible for re-election until one year has
elapsed after the completion of the term. Vacancies in the at-large membership may be filled by
the Chapter until the next succeeding Annual Convention. The Convention may elect a person to
fill an unexpired term.
(c). The Bishop shall be President and the Dean Vice-President of the Chapter.
(d). The Chapter may adopt bylaws not inconsistent with the Constitution and
Canons of the General Convention or of this Diocese and may incorporate under the laws of the
State of New Mexico. A majority of the members shall constitute a quorum.
SECTION 3. The Dean of the Cathedral shall be elected by the Chapter upon the nomination of
the Bishop. The Dean shall be the Rector of the Cathedral Parish and shall have pastoral charge
of the Cathedral congregation. He shall preside at meetings of the Cathedral vestry and the
annual parish meetings. He shall have control of the services, except as the Bishop may
otherwise provide.
SECTION 4. Except as provided in this Canon, the Cathedral Church shall be a parish Church,
with the usual parish organizations. The Rector and vestry shall have the customary rights and
duties of a parish Rector and vestry.
SECTION 5. The Bishop may appoint honorary Canons of the Cathedral. Honorary Canons
shall be members of the Cathedral Chapter, ex officio, without voting privileges.
COMMISSION ON EPISCOPAL SCHOOLS
SECTION 1. There shall be a Commission on Episcopal Schools consisting of at least three members appointed by the Bishop or the Ecclesiastical Authority, subject to the approval of the Convocation, to serve on a rotating basis for a term of three years. Members may not serve more than two (2) consecutive full terms. The members shall elect a Chair
SECTION 2. It shall be the duty of the Commission on Episcopal Schools to establish guidelines and standards for the establishment, recognition, and certification of all Episcopal Schools within the Diocese.
SECTION 3. This Commission shall report annually in writing to the Convocation.
CERTIFICATES AND FORMS
SECTION 1. Certification of lay delegates to the Convocation shall be in the following form, and sent to the Secretary of the Diocese. This certificate must be signed by the Rector or Vicar, or by a Warden.
I do hereby certify that at a meeting of the congregation of ____________________ (Parish) (Mission ) in ________________________ held on the day of A.D. 20 that the following named persons were chosen from the qualified voters of said (Parish) (Mission) to represent this congregation at the Convocation.
Alternates
In addition, the following will represent the congregation by virtue of
holding office as a Warden:
Signed
SECTION 2. Whenever it is desired that the services of the Church be extended to a new area, interested persons shall submit an application to the Bishop in the following form:
To the Right Reverend ,
Bishop of the Rio Grande.
We, the undersigned, confirmed adult communicants in good standing of the Episcopal
Church, do hereby request the establishment of a mission of the Diocese at be known as Mission. Conditional upon your favorable action upon this application, we do collectively and individually bind ourselves and all who shall hereafter become members of such mission to confirm to and observe the General Constitution and General Canons and those of this Diocese.
SECTION 3. When the congregation of an organized mission shall desire to become a parish, a petition shall be presented to the Bishop, signed by at least twelve qualified voters of the mission, as follows:
To the Bishop and Diocesan Council of the Episcopal Church in the Diocese of the Rio Grande:
We, the undersigned, petition that
Mission, located at in which locality we reside, be made a parish in communion with the Episcopal Church in the United States of America and the Diocese of the Rio Grande, the authority of whose Constitution and Canons we do hereby recognize, and to whose liturgy and mode of worship and discipline we promise conformity, and do further agree to submit to and obey such further canonical directions as may be from time to time received from the Ecclesiastical Authority, and we agree to further the work of the Church in said diocese.
The Standing Committee shall have the authority to establish standards for insurance coverages and minimum amounts of coverages to be maintained by each congregation. Such insurance coverages shall include comprehensive liability, workers’ compensation, physical damage to property, health coverage and such other coverages as may be required by the Standing Committee in accordance with applicable state laws.
With regard to all real property and improvements, insurance coverages and amounts must be acceptable to the applicable Trustees of the Property.
The Parochial Report of each congregation shall include a statement concerning insurance coverages maintained by the congregation for its programs, properties and insurance benefits for clergy and employees.
If any congregation fails to maintain any insurance as herein required, the Standing Committee may cause such insurance to be acquired at the expense of such congregation.
No person shall be called as a Rector or Vicar by or assume any clergy position in any congregation within the Diocese, until a reasonable inquiry into background and references shall have been completed consistent with the General Canons and such Diocesan policies as may be established by the Bishop in consultation with the Standing Committee.
The Bishop and the Standing Committee shall establish appropriate policies and standards to govern the hiring, employment and supervision of all lay employees, both full and part-time, who are employed by the Diocese or whose employment is the responsibility of the Diocese which shall include all missions approved the Diocese. These policies and standards may, at the direction of the Bishop, be extended to volunteers.
All congregations within the Diocese shall adopt employment policies and procedures which shall be consistent with standards established by the Bishop and the Standing Committee.
THE EPISCOPAL THEOLOGICAL SEMINARY OF THE SOUTHWEST
SECTION 1. The corporation known as the Episcopal Theological Seminary of the Southwest (“ETSS”), organized and existing as a non-profit corporation under the laws of the State of Texas, is hereby recognized and designated as an institution of the Diocese of the Rio Grande.
SECTION 2. In conformity with the ETSS By-laws, as amended, the following persons shall be elected to the Board of Trustees of the Seminary in the following manner: five Bishops and six other members of the clerical order, one from each Diocese in Province VII exclusive of the Diocese of Texas, shall be nominated by the ETSS Committee on Trustees in consultation with the Provincial Bishops; one confirmed lay communicant from each Diocese in Province VII, exclusive of the Diocese of Texas, shall be nominated by the Committee on Trustees in consultation with the respective diocese. Said nominees shall be elected by vote of the ETSS Board of Trustees. The Bishop of the Diocese of Texas, three other members of the clerical order, and six confirmed lay communicants from said diocese shall serve as members of the ETSS Board of Trustees. Seven at-large members shall serve as trustees, five of whom shall be nominated by the Committee on Trustees and elected by the Board, and two of whom shall be appointed by the Chair of the Board. Two clergy representatives from the associated alumni shall serve as trustees. All of the foregoing trustees shall have seat, voice and vote at all meetings of the Board. Four non-voting members shall serve as trustees, including two representatives from the ETSS faculty and two representatives from the student body.
SECTION 3. Trustees shall be elected for a term of four years, with the possibility of being re-elected for one additional four-year term. Where applicable, vacancies shall be filled for any unexpired term by appointment of the particular Diocesan Bishop in consultation with the ETSS Committee on Trustees and Chair of the Board.
SECTION 4. It shall be the duty of the Trustees of the Episcopal Theological Seminary of the Southwest to:
(a) share in the Vision statement of the Seminary and be willing to make service as a trustee in high priority by consistent attendance at board meetings, supporting the Seminary as an informed advocate and with personal financial resources as able, and by participating in all fund raising effort when requested;
(b) recruit potential trustees who can serve the identified needs of the Seminary congruent with its Vision Statement
(c) promote church support of and student enrollment in the Seminary and
(d) make annual reports to his/her diocesan council on the condition and progress of the Seminary
AMENDMENTS
SECTION 1. These Canons may be rescinded, changed, altered, added to, or otherwise amended at any Convocation; provided that such proposed changes shall be introduced on one day of a Convocation session, discussed and amended if the will of Convocation and presented for consideration and adoption at another session on a subsequent calendar day. Adoption of an amendment or Canon shall be by a majority vote of Convocation with a quorum present. Unless the resolution proposing the amendment or Canon provides otherwise, any amendment or Canon adopted shall become effective immediately upon the close of the Convocation.
SECTION 2. When any Canon, section or subsection, is added, amended, or repealed, and the numbering of other Canons, sections, subsections, or cross-references within the body thereof is thereby affected, such changes in the numbering and references including references to the General Canons, and/or recompilation as may be required may be made by the Canonist or the Constitution and Canons Commission.
SECTION 3. All proposed changes, alterations and additions to the Constitution and Canons of the Dioceses, except those which may be introduced to the Convocation by special request of the Bishop, shall be submitted in writing to the Constitution and Canons Commission no later than sixty days prior to the Convocation at which they are intended to be proposed. Proposed changes shall be included in the advance report to delegates to the Convocation at least 30 days prior to Convocation. At Convocation, the Constitution and Canons Commission will report on each proposed change, alteration or addition.