Constitution & Canons
TABLE OF CONTENTS
The Constitution of the Episcopal Diocese of San Diego
Article I The Title and Territory of the Diocese
Article II Acceding to the Constitution and Canons of The
Episcopal Church
Article III The Authority of the Diocese
Article IV The Bishop
Article V Meetings of the Convention
Article VI The Members of Convention
Article VII The Officers of Convention
Article VIII The Chancellor of the Diocese
Article IX The Standing Committee
Article X The Diocesan Council
Article XI Deputies to the General Convention
Article XII Method of Voting
Article XIII Admission of Parishes and Missions
Article XIV Forfeiture of Parochial Privileges
Article XV Election of a Bishop
Article XVI Diocesan Funding
Article XVII Incorporation
Article XVIII Adoption and Amendment of Constitution
The Canons of the Episcopal Diocese of San Diego
Title I The Convention
Canon 1. Annual and Special Meetings of Convention
Canon 2. Quorum
Canon 3. Rules of Order
Canon 4. The Members of Convention
Canon 5. Convening of Convention
Canon 6. The Secretary
Canon 7. The Treasurer
Canon 8. The Registrar
Canon 9. The Historiographer
Canon 10. The Convention Commission / Regular Committees of
Convention
Canon 11. Limitation on Authority to Act
Title II The Churches
Canon 1. Establishment and Boundaries
Canon 2. The Mission
Canon 3. The Parish
Canon 4. The Cathedral
Canon 5. Electors and Elections
Canon 6. The Vestry
Canon 7. The Rector
Canon 8. Appointment of Clergy other than in Parishes
Canon 9. Church Register
Canon 10. Financial and Parochial Reports
Canon 11. Convention Acts Are Binding
Canon 12. Organizations
Canon 13. Day Schools and Day Nurseries
Title III The Diocese
Canon 1. The Standing Committee
Canon 2. The Diocesan Council
Canon 3. Districts
Canon 4. The Commission for the Development/Nurture of Ministry
Canon 5. Diocesan Institutions, Foundations and Organizations
Canon 6. Trial of a Priest or Deacon
Canon 7. Deputies to General Convention
Title IV Finance
Canon 1. Directors of the Corporation of the Diocese
Canon 2. The Diocesan Fund
Canon 3. The Bishops Fund
Canon 4. The Diocesan Endowment Fund
Canon 5. The Diocesan Expansion Fund
Canon 6. The Church Pension Fund
Canon 7. Canonical Offerings
Title V The Canons
Canon 1. Enactment and Amendment of Canons
Rules of Order of the Convention of the Diocese of San Diego
Bylaws of the Episcopal Diocese of San Diego
Article I Corporate Powers
Article II Election of Directors
Article III Organization of Directors
Article IV Duties of Directors
Article V Meetings of Directors
Article VI The President
Article VII The Secretary
Article VIII The Treasurer
Article IX Corporate Seal
Article X Bylaws, Etc.
Article XI Offices
Certificate of Secretary
THE CONSTITUTION OF
THE EPISCOPAL DIOCESE OF SAN DIEGO
ARTICLE I
The Title and Territory of the Diocese
Section 1. Title and Territory. This Diocese shall be known and distinguished as "The Episcopal Diocese of San Diego," and its territory shall embrace that portion of the State of California consisting of the Counties of San Diego and Imperial, together with that portion of Riverside County south of the San Bernardino County line between the Colorado and Whitewater Rivers, and east and south of a line following the Whitewater River to its intersection with the Colorado River Aqueduct and thence along the Aqueduct to its point of entry into Lake Matthews, thence in a straight line to the most easterly corner of Orange County near the Summit of Bald Peak and thence along the County line to the Pacific Ocean, and that portion of the State of Arizona consisting of Yuma County.
[Amended in Convention 1999: To add Yuma County, Arizona]
ARTICLE II
Acceding to the Constitution and Canons of The Episcopal Church
Section 1. Accedes to the General Convention. The Church in The Episcopal Diocese of San Diego accedes to the Constitution and Canons of that branch of the One, Holy, Catholic and Apostolic Church, known in law as The Protestant Episcopal Church in the United States of America, also known as The Episcopal Church, and recognizes the authority of the General Convention of the same.
ARTICLE III
The Authority of the Diocese
Section 1. The Authority of the Diocese. The authority of the Diocese is vested in and exercised by its Bishop (and Bishop Coadjutor, if there be one), its Convention and its Standing Committee, acting under and in subordination to The Episcopal Church, its General Convention, Constitution, Canons and Regulations.
ARTICLE IV
The Bishop
Section 1. Ecclesiastical Authority. The Bishop is the Ecclesiastical Authority of this Diocese.
Section 2. There may be a Bishop Coadjutor. There may be a Bishop Coadjutor as provided in the Constitution and Canons of The Episcopal Church, whom the Bishop, in case of and for the period of the Bishop's absence or indisposition, may designate as the Ecclesiastical Authority.
[Amended in Conventions 1996-97: To render Constitution gender neutral]
Section 3. [blank]
Section 4. There may be Suffragan Bishops. There may be Suffragan Bishops as provided in the Constitution and Canons of The Episcopal Church, one of whom in the order of seniority of consecration unless otherwise determined by the Standing Committee, shall in the event of the death of the Bishop or in the event of and for the period of absence or indisposition of the Bishop and of the Bishop Coadjutor, act as the Ecclesiastical Authority.
Section 5. Chief Pastor. The Bishop is the Chief Pastor of the Diocese, and has the right to officiate within any congregation or elsewhere in the Diocese.
Section 6. Ordinary of all Organizations. The Bishop is the Ordinary of all religious and benevolent organizations of the Church within this Diocese, and as such may attend and preside at any of their meetings and has appellate jurisdiction over their proceedings, as far as it is consistent with the laws of the State of California.
Section 7. Controversies. Irreconcilable controversies between Ministers of two or more congregations, or between a congregation or its Vestry and its Minister, or between persons adversely claiming to be Members of the Vestry of a congregation, shall be referred to the Ecclesiastical Authority for determination.
ARTICLE V
Meeting of the Convention
Section 1. Annual Meetings. The Church in the Diocese shall assemble in an Annual Meeting of Convention in every calendar year, commencing in 1975, as provided for in the Canons.
Section 2. Special Meetings. Special Meetings of Convention may be called as provided for in the Canons.
ARTICLE VI
The Members of Covnention
Section 1. Members of Convention. The convention of the Diocese shall be composed of the Bishop, the Bishop Coadjutor (if there be one), the Suffragan Bishop or Bishops (if there be such), all Priests and Deacons canonically resident in the Diocese and of Lay Delegates from all congregations. The right of Priests and Deacons to vote and the mode of election of Lay Delegates shall be prescribed by Canons.
[Amended in Conventions 1996-97: To change "Presbyters" to "Priests" ]
ARTICLE VII
The Officers of Convention
Section 1. Presiding Officer. The Bishop of the parent Diocese is ex officio President of the Primary Convention. In all subsequent Conventions, the Bishop of the Diocese is ex officio President of the Convention.
Section 2. In Case of the Absence of the Bishop. In the absence of the Bishop, the Bishop Coadjutor, if there be one, shall preside. In case the Bishop Coadjutor, if there be one, shall be absent or incapable of acting, the Convention shall elect the Suffragan Bishop, if there be such (or if there be more than one, one of them as determined by the Ecclesiastical Authority), or a Priest of the Convention, to act as President Pro Tempore of that Convention.
[Amended in Conventions 1996-97: To change "Presbyter" to "Priest" ]
Section 3. Other Officers. At the Primary Convention, there shall be elected to serve until the adjournment of the first Annual Convention, and thereafter at each Annual Meeting of Convention, there shall be elected to serve from the adjournment of the Convention in which they are elected until the adjournment of the following Annual Meeting of Convention, the following officers: the Secretary, one or more Assistant Secretaries as required, the Treasurer, and the Historiographer, whose duties shall be prescribed in the Canons. Annually the Bishop shall appoint the Registrar who also shall be an officer of Convention and whose duties shall be described in the Canons. The Bishop annually shall appoint the Treasurer, with the advice and consent of a majority of the Board of Directors of the Corporation of the Diocese, who shall be an officer of the Convention, and whose appointment shall be confirmed by a majority of the Convention, and whose duties shall be described in the Canons.
[Amended in Convention 1989: The Registrar was deleted as an elected position. The last sentence, regarding the appointment of the Registrar, was added by Convention; effective on approval in Convention 1990]
[Amended in Convention 2001-2002: The Treasurer was deleted as an elected position and the last sentence was added.]
ARTICLE VIII
The Chancellor of the Diocese
Section 1. Bishop to Appoint. The Bishop shall appoint a Lay Person, learned in the law, a communicant of the Church, who shall be known as the Chancellor of the Diocese and shall be the advisor of the Bishop in all legal affairs.
Section 2. The Have a Seat in Convention. When not a Delegate to the Convention, the Chancellor shall be entitled, ex officio, to a seat and voice in the Convention.
Section 3. Assistant Chancellors. The Bishop may likewise appoint one or more Lay Persons, learned in the law, to serve as Assistant Chancellors, and who may be designated either as Vice Chancellors or Assistant Chancellors, as the Bishop may determine.
ARTICLE IX
The Standing Committee
Section 1. Standing Committee to be Elected. The Standing Committee of the Diocese shall consist of four Priests or Deacons and four Lay Persons, to be elected at each Annual Meeting of Convention for a term of four years each, or until their successors are elected, except as hereinafter provided.
[Amended in Conventions 1996-97: To change "Presbyters" to "Priests" ]
Section 2. To Divide into Classes. Immediately after the Standing Committee shall be assembled in consequence of the first election, the members thereof shall divide themselves into four classes to consist of one Clerical and one Lay Member in each class. The terms of the members of the first class shall expire at the end of one year; the terms of the members of the second class at the end of two years; the terms of the members of the third class at the end of three years; and the terms of the members of the fourth class at the end of four years. Upon the expiration of the member's term, no person shall be eligible to serve as a member of the Standing Committee for a period of one year.
[Amended in Conventions 1996-97: To render Constitution gender neutral]
Section 3. To Act in Absence of Bishops. When the Diocese is without a Bishop or in the absence or indisposition of the Bishop and of the Bishop Coadjutor and of the Suffragan Bishop, if there be such, the Standing Committee shall become the Ecclesiastical Authority of the Diocese.
Section 4. Must be Members of Communicants. The Clerical members of the Standing Committee must be qualified voting members of Convention and the Lay members must be communicants of the Church in this Diocese who are at least 18 years of age.
[Amended in Convention 1998: Added age standard]
Section 5. To Have Seat and Voice. When not otherwise elected Delegates to the Convention, Lay members of the Standing Committee shall have seat and voice in the Convention.
Section 6. Functions Prescribed. The powers, functions and duties of the Standing Committee shall be those prescribed by the Constitution and Canons of The Episcopal Church, and by the Constitution and Canons of this Diocese.
ARTICLE X
The Diocesan Council
Section 1. Members. The Diocesan Council, of which the Bishop shall be President, shall be formed and constituted and shall act as prescribed by the Canons of the Diocese.
ARTICLE XI
Deputies to the General Convention
Section 1. Deputies to be Elected. At the Annual Meeting of Convention held nearest January 1st of the year next preceding the year in which the next regular session of the General Convention is to be held, there shall be elected by concurrent votes of both orders, Clerical and Lay, four Clerical and four Lay Deputies, who shall represent this Diocese in the meetings of the General Convention and who shall continue in office until their successors are elected. The Clerical Deputies shall be Priests or Deacons canonically and actually resident in the Diocese and the Lay Deputies shall be resident communicants of some congregation within its limits recognized by the Ecclesiastical Authority.
[Amended in Conventions 1996-97: To change "Presbyters" to "Priests" ]
Section 2. After Third Ballot. After a third ballot for the election of Deputies, election shall be determined by a majority of voters present voting jointly, in the order of votes received.
Section 3. Alternate Deputies to be Elected. At the same Convention as the final ballot on which Deputies are elected, four Clerical and four Lay Alternate Deputies shall be elected from those nominated but not elected as Deputies, as First, Second, Third and Fourth Alternate Deputies in order of combined votes received.
[Amended in Convention 1989: The first phrase previously said "At the same Convention, final ballot ..."; effective after approval in Convention 1990]
Section 4. In Case of Vacancy. The Alternate Deputies, as the case may require, shall fill any vacancy or vacancies which may occur in the representation of the Diocese, in the order of their election.
ARTICLE XII
Method of Voting
Section 1. Method. In all matters which shall come before the Convention, the Clergy and the Laity shall deliberate in one body; and in voting by orders the Clergy shall vote as individuals, and the Laity shall vote as individuals; and when voting jointly, a majority of the votes of the members present shall be decisive, except as specified in Articles XIV, XV, and XVI; provided that in any case where it shall be demanded by ten persons entitled to vote, the two orders shall vote separately, and their concurrence shall be necessary to constitute a decision.
ARTICLE XIII
Admission of Parishes and Missions
Section 1. Parishes Admitted after Presenting Credentials. A parish may be admitted into union with Convention by a majority of votes; provided, it shall have presented to Convention in a regularly called meeting a certificate from the Ecclesiastical Authority giving approval to the organization of such Parish together with satisfactory evidence that it has been regularly organized; also a Constitution or By-Laws certified by the Wardens, in which such Parish expressly accedes to the Constitution, Canons, doctrine, discipline and worship of The Episcopal Church and to the Constitution and Canons of The Episcopal Diocese of San Diego.
Section 2. Missions Admitted by Presenting Certificates. A Mission may be admitted into union with Convention by a majority of votes; provided, it shall have presented to the Convention in a regularly called meeting a certificate from the Ecclesiastical Authority stating that such Mission is approved and regularly organized.
ARTICLE XIV
Forfeiture of Parochial Privleges
Section 1. Parish May be Dissolved after Three Years Inactivity. Whenever any Parish in union with Convention shall neglect for three successive years to make an Annual Parochial Report to the same, or during like period shall neither have employed a Priest as its Parish Minister, nor requested of the Ecclesiastical Authority the services of a Priest, or whenever any Parish in union with the Convention shall have persistently disregarded or refused to conform to any of the Canons of The Episcopal Church or of The Episcopal Diocese of San Diego, due notice of such violation having been given to such Parish by the Bishop, such Parish may be suspended from representation in convention, or its connection with the Diocese may be wholly dissolved by a two-thirds vote in each order, Clerical and Lay.
Section 2. Bishop to Notify Convention -- Convention May Act. Whenever in the opinion of the Bishop any parish shall be liable to forfeiture of privileges, the Bishop shall signify the same to the Convention in the Bishop's Annual Address, and the Convention may thereupon proceed to suspend or dissolve such Parish as the case may require.
[Amended in Conventions 1996-97: To render Constitution gender neutral]
ARTICLE XV
Elections of a Bishop
Section 1. Election of the First Bishop. The election of the First Bishop shall take place during the Primary Convention, due notice having been given as required by Article V, Sec. 4 of the Constitution of The Episcopal Church.
Section 2. Subsequent Episcopal Elections. Subsequent Episcopal elections shall be made in Annual or Special Meetings of Convention.
Section 3. Call Emanates from the Standing Committee. The call for election of a Bishop other than that of the first Bishop of the Diocese shall emanate from the Standing Committee, which shall give, through its Secretary, at least 25 days written notice to every Member of the Clergy in canonical residence and to the Clerk of every congregation in the Diocese.
Section 4. Nominating Committee. The Standing Committee shall designate a representative Nominating Committee to consider and propose nominees for presentation to a regularly called Meeting of Convention, under procedures established by the Standing Committee.
Section 5. Vote to be by Orders. The election shall be made in the following manner: the Clergy and the Laity shall vote by orders and the election shall be by secret ballot.
Section 6. Quorum to be Present. If two-thirds of all Clergy entitled to vote be present, and if two-thirds of all the Lay Delegates entitled to vote be present, and if two-thirds of all the congregations entitled to vote be represented by their Lay Delegates, then a majority of each order present shall determine a choice.
ARTICLE XVI
Diocesan Funding
Section 1. Convention Can Raise Money. The Convention shall have the power to raise money by such means as it may determine, to be designated as the Diocesan Fund, from the congregations of the Diocese, by Canon or by Special Vote, for the regular expenses of the Diocese, and for such other purposes as Convention may from time to time approve and direct; provided, that a Special Vote shall be a two-thirds vote of each order present, Clerical and Lay.
Section 2. Convention Can Impose Penalties. The Convention shall also have power to impose such penalty as may be deemed necessary for failure to meet such obligations when imposed.
ARTICLE XVII
Incorporation
Section 1. Corporate Title. The Church in this Diocese shall be incorporated under the laws of the State of California under the name and title of "The Episcopal Diocese of San Diego." This Constitution shall become effective on its adoption.
ARTICLE XVIII
Adoption and Amendment of Constitution
Section 1. To Become Effective on Adoption. This Constitution shall become effective on its adoption.
Section 2. Method of Amending. Constitution may be amended in the following manner: any proposed amendment which shall have been submitted to the Committee on Canons not less than 90 days before an Annual Meeting of Convention, shall be introduced at that Annual Meeting in writing, by the Committee on Canons, setting forth the Article as amended. When considered and approved by a majority vote of members of both orders present and voting jointly, it shall be referred to the next Annual Meeting of the Convention for final consideration and action and shall become effective upon adoption unless such amendment by its terms provides otherwise.
Section 3. Method of Amending on Second Reading. Any proposed amendment to an amendment under consideration on a second reading shall require a unanimous vote. If not so amended, it may be referred by a majority vote of members of both orders voting jointly, together with the original amendment, to the Committee on Canons for a study and report back for final action at the next Annual Meeting of Convention.
THE CANONS OF THE
EPISCOPAL DIOCESE OF SAN DIEGO
TITLE I - THE CONVENTION
CANON 1. ANNUAL AND SPECIAL MEETINGS OF CONVENTION
1.00 Convention to Assemble in Every Calendar Year. Except as provided in the Constitution, the Church in this Diocese shall assemble in Convention in every calendar year at a time and place fixed by the Ecclesiastical Authority.
1.01 Special Meetings of Convention. The Ecclesiastical Authority shall have power to call a Special Meeting of Convention, except as provided in Article XV of the Constitution. The time, place and purpose of a Special Meeting of Convention shall be designated by the Ecclesiastical Authority calling it and no business other than that stated in the call shall be transacted except by unanimous consent.
[Amended in Convention, 1996: To insert the word "except"]
1.02 Notification of Meetings of Convention. Written notice of every Annual or Special Meeting of Convention shall be given by the Secretary of Convention at least 25 days prior to the date thereof to every Member of the Clergy and to the Clerk of each congregation of the Diocese. In case of vacancy in this office, such notice shall be given by the Secretary of the Standing Committee.
1.03 Change of Time or Place of Convention. The time or place of any Annual or Special Meeting of Convention may be changed by the Ecclesiastical Authority calling the same upon giving the same notice as hereinbefore provided.
1.04 The Opening of Convention. Every Convention shall include a celebration of the Holy Eucharist, the celebrant and preacher to be the Bishop or his appointee, or in the event of his incapacity or absence or of a vacancy in the Episcopate, as appointed by the Standing Committee.
CANON 2. QUORUM
2.00 A Majority Makes a Quorum. No business shall be transacted at any Meeting of the Convention of The Diocese of San Diego or of any meeting of any Committee or Commission of the Convention unless a quorum be present. A quorum of Convention shall consist of a majority of the Clergy entitled to seats and votes therein, together with a majority of the Lay Delegates from the congregations entitled to representation at said Convention. A quorum of any Committee or Commission of Convention shall consist of a majority of its members.
2.01 May Adjourn to Wait for Quorum. In the event that a quorum is not present at any meeting of Convention or of any Committee or Commission, the members present may adjourn from time to time until a quorum is obtained.
CANON 3. RULES OF ORDER
3.00 Action Shall be by Rules of Order. In addition to the provisions of the Constitution and Canons of this Diocese, further regulations of legislative action and of nominations and elections shall be by Rules of Order which, having once been adopted, shall continue in force until the same, in whole or in part, shall have been amended or canceled.
3.01 Nominations. All nominations for elective offices shall be in writing and shall be on a proper form furnished by the Secretary of Convention.
3.02 Concurrence for Two Ballots. Balloting for the first and second ballots shall be by orders and shall require concurrence of both orders for an election.
3.03 Plurality on Third Ballot. If a third ballot shall be required, a plurality of the combined votes of both orders shall constitute an election, except for the election of a Bishop, who shall be elected as provided for in Article XV of the Constitution and for the election of Deputies to the General Convention who shall be elected as provided for in Article XI of the Constitution.
3.04 Further Legislative Action and Election Procedure. Further legislative action and election procedure, not in conflict herein, shall be by Rules of Order and Order of Business.
CANON 4. THE MEMBERS OF CONVENTION
4.00 Voting Rights of Priests and Deacons. Every Priest or Deacon canonically and actually resident in the Diocese who performs clerical work which is recognized by the Bishop, and who is in good standing, shall be entitled to seat, voice and vote. Every Member of the Clergy licensed by the Ecclesiastical Authority to officiate in the Diocese shall be entitled to seat and voice without vote.
[Amended in Convention, 1996: Changed "Presbyter" to "Priest" in conformity with the National Canons]
4.01 List of Clerical Members to be Prepared. One week before any Meeting of Convention or any adjourned session thereof, the Ecclesiastical Authority shall cause to be prepared a list of all the Clergy of the Church canonically resident in this Diocese, annexing the names of their respective cures, and indicating thereon those entitled to seats and votes. Such list shall be laid before the Convention on the first day of the Meeting and shall be included in the Journal.
4.02 Disputed Rights. When the right of any Member of the Clergy of the Diocese to a seat in Convention is claimed or disputed, either question shall be determined by Convention in accordance with the provisions of the Canons of this Diocese.
4.03 Election and Number of Lay Delegates. Lay Delegates to the Convention shall be elected according to the By-laws of each congregation. The same number of Alternate Delegates shall be elected in like manner. Delegates and Alternates shall be confirmed communicants in good standing, entitled to vote in congregational meetings. In the Primary Convention, congregations in union with the Convention shall have the number of Delegates allowed under the Canons of the Diocese of Los Angeles, and congregations not in union with the Convention shall have a like number. In subsequent Conventions, all congregations shall be entitled to the following representations, based upon the average annual Sunday attendance as reported in the latest available annual Parochial Report, except that in the case of a new mission where no annual parochial report has been filed by the time of Convention, such mission shall be entitled to the number of delegates based on the average annual Sunday attendance as of the date of the establishment of such new mission:
| 1-75 | attendants * | two delegates |
| 76-175 | attendants | three delegates |
| 176-275 | attendants | four delegates |
| 276-375 | attendants | five delegates |
| 376-500 | attendants | six delegates |
| 501-625 | attendants | seven delegates |
| 626 or more | attendants | eight delegates |
All Delegates elected shall serve until their successors are
elected.
* As used herein, the term "attendants" shall mean all attendants of Sunday services as reported on the Parochial Report.
[Amended in Convention 1994: Clarified requirement of "confirmed communicants."]
[Amended in Convention 1997: Added age standard.]
[Amended in Convnetion 2003: Changed to delegate number based on Avg. Sunday
Attendance.]
4.04 Lay Delegates to be Certified. The election of Lay Delegates to any Meeting of Convention shall be certified on the approved form by the Member of the Clergy in charge of the congregation of which they are representatives, or by a Warden or by the Clerk of such congregation.
4.05 Form of Certification. Certification of the election of Lay Delegates shall be upon a form provided by the Secretary with the call to the Convention.
4.06 To be Delivered to Secretary 30 days in Advance. The certificates of election of Lay Delegates shall be in the hands of the Secretary of Convention at least 30 days previous to the time appointed for the Meeting. From these certificates the Committee on Credentials shall prepare a list of the Lay Delegates entitled to seats and votes in the Convention.
4.07 Seating upon Payment of Mission Shares. Only those congregations meeting their Minimum Diocesan Contribution (as defined elsewhere in these Canons) shall be entitled to representation in the Convention. The Delegates from any congregation failing to meet its Minimum Diocesan Contribution shall be admitted to voice and vote only upon satisfaction of any one or more of the following conditions: (i) the congregation's payment in full of its prior year's delinquency and its submission of a pledge in the amount of the Minimum Diocesan Contribution for the current year; or (ii) a ruling by the Committee on Financial Review that the congregation is entitled to or has received a waiver of the Minimum Diocesan Contribution; or (iii) the resolution of the Convention, passed by two-thirds vote of both clerical and lay orders after hearing the report and recommendation of the Committee on Financial Review, that the congregation's Delegates should be given voice and vote notwithstanding the failure to meet the Minimum Diocesan Contribution. Any forfeiture of voice or vote pursuant to this Canon shall terminate with adjournment of the Convention for which imposed. The provisions of this Canon shall become effective with the Convention to be held in 1996.
[Amended in Convention 1994: Replaced concept of Mission Share with Minimum Diocesan Contribution; added requirement of review and waiver by the Committee on Financial Review.]
4.08 Inactive Congregations Not Entitled to Delegates. Any congregation that shall have ceased to hold services, or which shall have no register of communicants and list of contributors as required by Title II, Canon 9 , and is not therefore entitled to elect Lay Delegates to any Convention of this Diocese, may be removed by the Ecclesiastical Authority from the voting list of congregations. Any such congregation shall be restored to the voting list when it shall have resumed holding services and otherwise shall have complied with the requirements of said Canon 9.
[Amended in Convention, 1996: To conform the numbering system]
4.09 Lay Delegates to Attend Convention. It is the duty of the Lay Delegates to attend the Meetings of the Convention of which they are elected members, and to act for, and in the name of, and their actions shall be binding upon, the congregations which they represent.
[Amended in Convention, 1996: To correct a typographical error]
4.10 Ex officio Members of Convention. Officers of Convention, officers of the Diocese and Lay members of the Diocesan Council not members of the Convention shall have a seat and voice therein.
4.11 In Absence of a Delegate and of an Alternate Delegate. In the absence of a Delegate and of an Alternate Delegate, the senior Minister of the congregation present at the Convention, or, if there be none, then the Secretary of the Convention, may appoint a qualified elector of the congregation to be seated as a voting member of the Convention.
CANON 5. CONVENING OF CONVENTION
5.00 Convening. Each Annual Convention shall be convened by the Bishop, after which the procedure shall be according to the Order of Business established by the Convention. In the absence of the Bishop, the Convention shall be convened by one of the following persons in order: The Bishop Coadjutor, the Suffragan Bishops, acting in the order of their seniority unless otherwise provided by the Ecclesiastical Authority, the President of the Standing Committee, the Secretary of Convention, or the Secretary of the Standing Committee.
CANON 6. THE SECRETARY
6.00 The Secretary to Give Notice of Convention. The Secretary of Convention shall send to the Minister in charge of each congregation in union with the Convention blank certificates of election of Lay Delegates at least 25 days prior to the time for any Meeting of the Convention; or if any such congregation be without a Minister, said blanks shall be sent to a Warden or Clerk thereof.
6.01 Regular Duties. The Secretary shall take minutes of the proceedings of the Convention, which when approved, shall be entered in the Journal; attest the public acts of the Convention; send to the Registrar of the Diocese a copy of the Journal; furnish to the Treasurer of the Diocese, within 30 days after any Meeting of Convention shall have adjourned, sine die, a certified statement of all accounts allowed by such Convention, and shall deliver to the Secretary's successor all books and papers which may be in the Secretary's possession relating to the affairs of the same. The Secretary shall also furnish to each member of the Clergy, upon canonical admission to the Diocese, a copy of its Constitution and Canons. The Secretary shall also furnish a list of the members of Committees and Commissions, appointed ad interim, to the respective Chairs of such Committees and Commissions, with a copy of the resolutions creating them. The Secretary shall chair the Convention Commission.
[Amended in Convention, 1996: To render the Canons gender neutral]
6.02 Additional Duties - To Send Journal. Within 90 days after any Meeting of Convention shall have adjourned, sine die, the Secretary shall cause to be prepared and printed a sufficient number of copies of the Journal of Convention which shall contain a list of the Officers of the Diocese and the Committees and Commissions of the Convention, a list of the Clergy of the Diocese, a list of Parishes and Missions and Lay Delegates to the Convention, a list of Institutions and Organizations of the Diocese, the proceedings of Convention and Reports to Convention. The Secretary shall send a copy of the Journal to the following persons in addition to those named in other sections of these Canons: The Secretary of the General Convention, all Clergy canonically connected with the Diocese and Lay Delegates to such Convention.
6.03 To Certify Deputies to The General Convention. The Secretary shall send to each General Convention a certificate of the election of Clerical and Lay Deputies and shall perform such other duties as may from time to time be required of the Secretary by the authorities of the General and Diocesan Conventions.
[Amended in Convention, 1996: To render the Canons gender neutral]
6.04 Records, Books and Journals to be Open to Inspection. The Records, books and Journals of the Secretary shall be open at all times to the inspection of the Ecclesiastical Authority, of the Standing Committee, of the Convention and any Committee or Commission thereof.
6.05 Assistant Secretaries. Assistant Secretaries shall have such authority and perform such duties as may from time to time be determined by Convention.
6.06 Continuing Duties of Secretary. The Secretary of any Convention, though not re-elected, shall perform all the duties as provided in Canons 6.01, 6.02 and 6.03 of Title I.
CANON 7. THE TREASURER
7.00 Regular Duties. The Treasurer of the Diocese shall be ex officio Treasurer of the Corporation of the Diocese and shall have charge of all current funds belonging to the Diocese, as declared by the Canons, and shall pay, when due, all regularly budgeted items. The Treasurer shall pay other items only upon warrant of the canonical authorities.
7.01 To be Under Bond. The Treasurer shall give satisfactory bond for the faithful discharge of the Treasurer's duties, in an amount to be fixed by the Finance Committee, to the Corporation of the Diocese for the benefit of the Diocese, which shall be in addition to and separate from any bond which may be required of the Treasurer as Treasurer of the Corporation of the Diocese.
[Amended in Convention, 1996: To render the Canons gender neutral]
7.02 Directors of Corporation to Regulate. The Board of Directors of the Corporation of the Diocese is hereby authorized and empowered to make such rules and regulations for the Treasurer of the Diocese to follow as, in its judgment, shall seem proper and necessary and to designate the depositories and investments of the funds of the Diocese.
7.03 To Report to Convention Annually. The Treasurer shall present at each Annual Convention a written statement of account with the several funds for the previous year. The Treasurer shall close the several accounts on December 31 of each year.
[Amended in Convention, 1996: To render the Canons gender neutral]
7.04 To Notify Congregations of Obligations. The Treasurer of the Diocese shall notify the Treasurers of the several congregations of their respective obligations to the Diocese within one month after the close of the Annual Convention. The Treasurer of the Diocese shall also notify said Treasurers, at least 30 days prior to the Meeting of the next Annual Convention, of any delinquencies in their respective congregations.
7.05 To Report to Diocesan Council Monthly. The Treasurer of the Diocese shall present to the Diocesan Council a monthly statement of the balances on hand and such other information as it may require.
7.06 Books to be Open. The books of the Treasurer shall be open at all times to the inspection of the Ecclesiastical Authority, of the Standing Committee, or the Convention or any Committee thereof, including the Auditing Committee and the Committee charged with the management of the several Funds of the Diocese.
7.07 Salary fixed by Convention. The Treasurer of the Diocese may receive a salary to be fixed by Convention.
CANON 8. THE REGISTRAR
8.00 To Preserve All Records. It shall be the duty of the Registrar to preserve all Journals of this Diocese and such other journals and records of the Church in the United States of America as belong, or shall hereafter belong, to the Convention of this Diocese and to put them in order and preserve them in some safe place.
8.01 To Solicit Journals from Other Dioceses. It shall be the duty of the Registrar to keep in the Diocesan Library a complete collection of the Journals of the Diocese, as well as a collection of the current journals and other Church documents of the several Dioceses in the United States of America, and by the exchange of duplicates, to provide Journals of the Diocese to those Dioceses which make such a request.
8.02 To Record Confirmations. It shall be the duty of the Registrar to receive and preserve the lists of persons confirmed in the Diocese each year and to issue and renew Licenses for Lay persons as approved by the Bishop.
[Amended in Convention, 1996: To conform to Diocesan procedures (formerly "annual" renewal and licenses were limited to those for Lay Readers and Chalice Bearers)]
8.03 To Report to Convention. The Registrar shall present a report to each Annual Convention of the Diocese.
CANON 9. THE HISTORIOGRAPHER
9.00 To Prepare and Preserve Material. It shall be the duty of the Historiographer to obtain, prepare and preserve all special, historical and biographical matter, printed or manuscript, pertaining to the Diocese, its Parishes, Missions, Institutions and undertakings.
9.01 To Furnish Material. The Historiographer shall also, from time to time as may be directed by the Bishop or by the Convention,
furnish material and data to be used for purposes that will further the interests of the Church and will assist in the preparation of historical papers.
[Amended in Convention, 1994: Changed from "He" to "Historiographer" to render the references gender neutral.]
9.02 May Appoint an Assistant. The Historiographer shall, with approval of the Bishop, have power to appoint an Assistant, who shall be a communicant of this Church.
[Amended in Convention, 1994: Changed from "He" to "Historiographer" to render the references gender neutral.]
9.03 To Report to Convention. The Historiographer shall present a report to each Annual Convention of the Diocese.
CANON 10. THE CONVENTION COMMISSION
AND THE REGULAR COMMITTEES OF CONVENTION
10.00 Composition of Commission and Committees. The Convention Commission shall consist of the chairs of the Regular Committees of Convention. The task of the Convention Commission shall be to ensure that the work of each Regular Committee of Convention is performed, and in a timely manner. The Secretary of Convention shall serve as Chair of the Convention Commission. The regular Committees of Convention shall be appointed by the Bishop or Ecclesiastical Authority as follows:
[Amended in Convention, 1989: Deleted "and Commissions" from title
of Canon.]
[Amended in Convention, 1996: Added "the Convention Commission" to
title and adds definition, to reflect changes to Diocesan structure]
10.01 On Dispatch of Business. The Committee on Dispatch of Business shall consist of two Members of the Clergy and one Lay Person who shall be members of Convention. It shall be the duty of this Committee to prepare, prior to the Annual Convention, the order of business to be presented and considered thereat and to report the same to Convention for consideration.
10.02 On Rules of Order. The Committee on Rules of Order shall consist of two Members of the Clergy and one Lay Person who shall be members of Convention. It shall be the duty of this Committee to consider all matters pertaining to Rules of Order of the Convention and questions arising thereunder and to report thereon to Convention.
10.03 On Credentials. The Committee on Credentials shall consist of the Secretary of Convention and two Lay Persons who shall be members of Convention. It shall be the duty of this Committee to consider all claims and disputes affecting the right to a seat or representative privilege in the Convention, to report its recommendations thereon to the Convention and to perform such other like duties as may be assigned to it by the Canons or the Convention.
10.04 On the Bishop's Address. The Committee on the Bishop's Address shall consist of two Members of the Clergy and one Lay Person who shall be members of Convention. It shall be the duty of this Committee to present to Convention items raised in the Bishop's Address to Convention that necessitate action by the Convention.
10.05 On Admission of Parishes and Missions. The Committee on Admission of Parishes and Missions shall consist of one Member of the Clergy and two Lay Persons who shall be members of Convention. It shall be the duty of this Committee to consider all matters pertaining to the admission of Parishes and Missions into union with the Convention and to report its recommendations to the Convention.
10.06 Resolutions. The Committee on Resolutions shall consist of three Members of the Clergy and three Lay Persons who shall be members of Convention. It shall be the duty of this Committee to consider all resolutions that shall be referred to it by the Convention and to make its report and recommendations thereon to the Convention.
10.07 On Auditing. The Committee on Auditing shall consist of three Lay Persons. It shall be the duty of this Committee to serve during the recess of the Convention and to audit the accounts of the Treasurer and of all others having charge of funds belonging to the Diocese as required by Canons or Resolutions of the Convention. It shall, during the 12 days preceding the Annual Meeting of Convention, and at such other times as it may deem advisable, make an examination and audit of the books of the Treasurer of the Diocese and shall verify the amount of the funds received, disbursed and held by the Treasurer and shall make an Annual Report to Convention. The Committee shall for this purpose employ a Certified Public Accountant or a member of the Society of California Accountants.
10.08 On Canons. The Committee on Canons shall consist of seven members. Three of said members shall be Members of the Clergy. Four of said members shall be Lay Persons, of whom one shall be the Chancellor, ex officio. The Bishop shall appoint one of said seven members as Chair. It shall be the duty of this Committee to consider prior to the Annual Convention all proposed additions to and alterations and amendments of the Constitution and Canons of this Diocese, which must be submitted to said committee at least 90 days prior to Convention, and to report its recommendations to the Convention.
[Former Canon 10.9 On Finance and Canon 10.10 On Clergy Salary Review deleted by Convention 1989]
10.09 On Arrangements for Convention. The Committee on Arrangements for Convention shall consist of the Bishop, the Secretary of the Convention, a Master of Ceremonies appointed by the Bishop, the Chair of the Committee on Dispatch of Business, the President of the Episcopal Churchwomen of the Diocese and such others as the Bishop may appoint.
[Renumbered by Convention 1989]
[Canon 10.12 Regular Commissions of the Convention deleted by Convention 1989]
[Canon 10.13 On Church Architecture deleted by Convention 1989]
[Canon 10.14 On Liturgy and Church Music deleted by Convention 1989]
[Canon 10.15 On the Church Pension Fund deleted by Convention 1989]
10.10 On Financial Review. The Committee on Financial Review shall consist of five members (three Clergy and two Lay Persons), one of whom shall be Chair of the Congregational Support and Development Commission. At the request of any parish or mission which has not met, or anticipates not meeting, its Minimum Diocesan Contribution (as defined in Title IV, Canon 2.03), this Committee shall meet and review the financial condition of the congregation concerned, to determine whether the congregation should be entitled to voice and vote at the next Convention, notwithstanding the congregation's failure to meet the Minimum Diocesan Contribution. The Committee shall meet and report in sufficient time to forward its findings to the Secretary at least one week prior to the Convention.
[Canon 10.10 added by Convention, 1994 - The succeeding sections were not
renumbered by that Convention]
[Amended in Convention, 1996: To reflect restructure of Commissions]
10.11 Other Committees. The Ecclesiastical Authority may from time to time create and appoint such other special Committees as it shall deem necessary. The consent of the Diocesan Council must be obtained if the expenditure of Diocesan Funds is required.
[Amended in Convention, 1989: Deleted "and Commissions" in title
and text and renumbered 10.10]
[Amended in Convention, 1996: To correct numbering]
10.12 May be Appointed in Advance - Terms of Committee Membership. Except as otherwise provided herein, the Bishop, or in the Bishop's absence, the Ecclesiastical Authority, shall make the appointments to the foregoing Committees for a period of three years. After the adoption of this Canon, the Committees shall determine by lot those who shall serve for one, two and three years. In case of Committees having uneven membership, the number less than a one-third division of the membership shall serve for the one-year period. In each succeeding year, the Bishop shall appoint one-third of the Committee, or closest part thereof, for a period of three years. Any person not actively participating in the work of a Committee for a period of four months may be dropped by the Chair; such person not participating in the work of a Committee for six months shall be dropped from membership and the Bishop may appoint a successor for the remainder of that term at once. Any member of a Committee who has completed a term may be reappointed. The time of making such appointments shall be at the discretion of the Ecclesiastical Authority.
[Amended in Convention, 1989: To delete all references to Commissions]
[Amended in Convention, 1996: To correct numbering and to render the Canons
gender neutral]
CANON 11. LIMITATION ON AUTHORITY TO ACT
11.00 Limitation on Authority. No regular or special Committee, officer or agent, elected, appointed or constituted by the Annual Convention of the Diocese, shall have authority to incur any financial obligation upon Convention or the Diocese in excess of the appropriation voted by Convention to such regular or special Committee, Commission, officer or agent, unless such authority be expressly given by the Ecclesiastical Authority of the Diocese, in writing, and approved in writing, by the Finance and Budget Committee, specifying the amount and cause for which such financial obligation may be incurred and the incurring of such financial obligation be thereafter authorized at a regularly held meeting of the members of the particular Committee for whose benefit such authority is being sought.
[Amended in Convention, 1994: Deleted "Commission" in line 1,
Replaced reference to "Committee on Finance" with "Program
Evaluation and Budget Committee of Diocesan Council"]
[Amended in Convention, 1996: To reflect changes to the Diocesan structure -
"Program Evaluation and Budget Committee of Diocesan Council became Finance
and Budget Committee]
TITLE II -- THE CHURCHES
CANON 1. ESTABLISHMENT AND BOUNDARIES
1.00 Application to be Presented to the Bishop. When it is desired to establish a new congregation, an application shall be presented to the Bishop, setting forth the site or meeting place proposed, and also showing in the case of a proposed new Parish or Mission the information and prerequisites set forth in Title II, Canon 2.01 or Canons 3.00, 3.01, 3.02 and 3.03, as the case may be.
[Amended in Convention, 1996: To conform the numbering system]
1.01 Notice to be Given to Neighboring Parishes and Missions. As soon as may be practical after the receipt of such application, the Bishop shall cause copies of the same to be delivered, either personally or by registered or certified mail, to the Minister in charge, and to the Clerk of the Vestry of each of those parishes and missions contiguous to or likely to be affected by the proposed new work. Notice shall be given at the same time to each such Minister and Clerk or others appointed by the Vestry to appear before the Bishop and Standing Committee at a time to be named by the Bishop, not less than 20 days from the mailing date of said notice, to show cause, if they have any, as to why the application should not be granted. Notice of the time and place of hearing shall be delivered in like manner to the Minister in charge and the Clerk of the Vestry of the applicant, if such there be.
[Amended in Convention, 1996: Changed "Churches" to "parishes and missions"]
1.02 Notice to be Given by Bishop Before Establishing a Mission. Notice to show cause, similar to the foregoing, shall also be given by the Bishop, together with an opportunity to interested persons to be heard thereon, when, under the provisions of Title II, Canon 2.03, it is determined that the needs of a particular locality require the establishment of a new Mission.
[Amended in Convention, 1996: To conform numbering system and render the Canons gender neutral]
1.03 Objections to be Heard. The Bishop and Standing Committee, at the time named, shall hear any person or persons who may desire to be heard in support of, or in opposition to said application. If the Bishop and Standing Committee approve the application, they shall express their consents thereto in writing, a duplicate of which shall be spread upon the minutes of the Standing Committee.
1.04 Boundaries. Should any congregation desire to have boundaries established, the Minister in charge may make application to that effect to the Bishop and Standing Committee, setting forth the boundaries desired and the reasons therefore.
1.05 Notice to be Given to Neighboring Parishes and Missions. Notice to appear and show cause, and opportunity to be heard, shall be given by the Bishop to each congregation affected by such application and the Bishop and Standing Committee shall determine the boundaries, as provided in Title II, Canon 1.03.
[Amended in Convention, 1996: To conform numbering system and to change "Churches" to "parishes and missions"]
1.06 Boundaries May be Changed. Any boundaries so established may be changed, modified or removed, either by the Bishop and Standing Committee, or by subsequent application made as aforesaid, on behalf of any congregation affected thereby; provided that in each case, notice to appear and opportunity to be heard shall be given as hereinbefore provided.
1.07 Homes of Parishioners Part of Parish. For the purpose only of private or domestic pastoral ministrations, the residence, wherever situated, of each registered parishioner of any congregation, shall be deemed to be part of the Parish or Mission in which such parishioner is registered.
1.08 Institutions Are Exceptions. Any Diocesan or non-parochial Church Institution in which an ordained Minister of the Diocese officiates as Chaplain by appointment of the Bishop and any other Institutions in which the ministrations of the Church are provided by or under the appointment of the Bishop, may be designated as the special cure of the Minister officiating therein or in charge thereof, for the purpose of ministering to the residents, students, patients, staff and employees thereof and for these purposes only.
CANON 2. THE MISSION
2.00 Bishop to Supervise. The Bishop shall have authority and discretion over and shall supervise and control all Missionary work within the Diocese. The Bishop shall establish and organize Missions, appoint all missionaries, and transfer, suspend or remove such missionaries, not, however, in violation of the Canons of The Episcopal Church.
[Amended in Convention, 1996: To render the Canons gender neutral]
2.01 Organization of Missions. Fifteen or more baptized persons of 18 or more years of age, resident in any locality which is not in undue proximity to any existing congregation of the Diocese, may organize as a Mission, with the consent and approval of the Bishop and Standing Committee, duly given after presentation of an application in the manner provided in Title II, Canons 1.00 and 1.03.
[Amended in Convention, 1996: To conform the numbering system]
2.02 Organization of Parochial Missions. A Parochial Mission may be established and organized by a Parish, or Parishes acting together, with the consent of the Bishop and Standing Committee in accordance with Title II, Canons 1.00 and 1.03.
[Amended in Convention, 1996: To conform the numbering system]
2.03 Bishop May Establish Mission. The Bishop, with the consent of the Standing Committee, may establish a new Mission whenever and wherever in the Bishop's judgment circumstances so require, after notice and opportunity to interested persons to be heard thereon has been given as provided in Title II, Canons 1.01, 1.02 and 1.03.
[Amended in Convention, 1996: To conform the numbering system and to render the Canons gender neutral]
2.04 Missions Not in Union with Convention. Whenever and wherever, in the judgment of the Bishop, regular services need to be provided without organizing a Mission in union with the Convention, the Bishop may establish, with the consent of the Standing Committee, a Mission not in union with the Convention, appointing such officers as circumstances require, and designating its name and the manner of its financial administration and manner of choice of its Delegate to the Convention.
[Amended in Convention, 1996: To render the Canons gender neutral]
2.05 Effecting of Mission Organization. The organization of a new Mission shall be effected by the appointment by the Bishop of a Senior Warden and a Junior Warden, who shall be communicants of the Church, a Clerk and a Treasurer, such officers to be known as the Mission Vestry. Thereafter the Senior Warden shall be appointed annually by the Bishop, such additional number of persons as the Bishop shall authorize, shall be elected at the Annual Meeting of the Mission to be called on reasonable notice and held as soon after the first day of January as practical. At the discretion of the Bishop the Mission may elect its Vestry, with the exception of the Senior Warden, on a rotational basis. The Junior Warden shall be elected in accordance with Title II, Canon 6.00, and the Clerk and Treasurer in accordance with Title II, Canon 6.05. Any qualified elector shall be eligible for election or appointment to such offices, except that the Wardens shall always be communicants.
2.06 Organizing of Parochial Mission. The organization of a Parochial Mission shall be effected in the same manner as provided in Title II, Canon 2.05, except that appointments of officers shall be made by the Rector of the sponsoring Parish. Rotation of the Vestry may be established with the consent of the Rector of the sponsoring Parish.
[Amended in Convention, 1996: To conform the numbering system]
2.07 Missions to Pledge to Diocese. The Vestry shall immediately after organization, and thereafter on the date set by Diocesan authority, notify the Bishop of the amount the Mission pledges to the Diocesan Mission Share Fund.
[Amended in Convention, 1996: To correct a typographical error]
2.08 Pledges Payable by 15th of each Month. The Mission Treasurer shall forward to the Treasurer of the Diocese its Mission Share, not later than the 15th of each month. Parochial Mission Treasurers shall forward their pledge payments as required by the sponsoring Parish and their Mission Share not later than the 15th of each month.
2.09 Failure to Keep Pledge. In case of failure to make payment of any pledge, the Minister may be withdrawn and the appropriation by the Diocese may be withheld or terminated.
2.10 Mission to Have Register. Every Mission shall provide a Register similar to that required to be kept by a Parish as provided in Title II, Canon 9.00. If there be no Minister, the Senior Warden shall make entries in the register, if so authorized by the Bishop.
[Amended in Convention, 1996: To conform the numbering system]
2.11 Title to Property Vested in the Diocese. Except as otherwise provided by the terms of the trust specified in a will, decree of distribution, deed of gift or other instrument of donation which shall have been accepted by the donee with the consents of the Bishop and the Standing Committee, the title to real property purchased, given or otherwise acquired for Mission purposes, shall be vested in "The Episcopal Diocese of San Diego," a Corporation, sometimes referred to herein as the "Corporation of the Diocese"; provided, however, that nothing in this section shall be deemed to exclude the acquisition of any property the title to which is given and granted to or for the benefit of a specifically named or designated Mission; and title to all such property granted to the Corporation of the Diocese shall be held upon the trusts and with the powers as follows:
Such property shall be held for the use of the Mission for the benefit of which it was acquired, as long as such Mission shall continue to exist under the Canons of The Episcopal Diocese of San Diego provided, that upon organization of the Mission it shall make provision for, and pay, all taxes, insurance and other expenses pertaining to the care and preservation of all such property devoted to the use of said Mission.
The officers of a Mission shall not undertake construction or material modification of any structure on real property owned by the Corporation of the Diocese until plans and specifications for such work have first been approved by the Board of Directors of the Corporation or the Committee on Facilities and Architecture to whom the Directors of the Corporation have delegated approval authority.
[Amended in Convention, 1989: Added the last full paragraph]
[Amended in Convention, 1996: To correct reference to the Corporation]
2.12 Encumbrance or Sale of Property. As to property acquired for Mission purposes and vested in the Corporation of the Diocese but not for the use of an existing Mission, and subject to the terms of any approved devise, donation, purchase or other form of acquisition binding upon the holder of the title, and prior to the organization of the Mission, the Corporation of the Diocese may, with the written consents of the Bishop and the Standing Committee, exchange, sell, lease, borrow money upon, encumber or otherwise deals with said property for general Mission purposes or for the future Mission purposes or for the future Mission purposes of the locality where said property is situated. After the organization of such Mission, or in the case of property acquired for the use of an existing Mission, the following shall apply: A written request setting forth that it is deemed desirable to sell, lease or encumber any or all of said property or to acquire additional property adjacent thereto upon the security of a trust deed or mortgage thereon, may be made and signed by the officers of the Mission, with the written consent of not less than a majority of the members of said Mission who are qualified to vote at an Annual Meeting, attached thereto. Such request shall be directed to the Corporation of the Diocese. The Corporation of the Diocese in its discretion, with the consents of the Bishop and the Standing Committee, and if it appears to be for the benefit and best interests of the Mission, may execute a proper conveyance, lease, trust deed, mortgage or other encumbrance, as the case may be, of said property, provided that in the case of a sale, the proceeds shall be used for the purpose set forth in the request to and consents of the Bishop and the Standing Committee.
2.13 On Becoming Parish May Hold Property. Whenever the Mission shall have been organized as a parish and admitted into union with the Convention, and shall have been incorporated in accordance with the Constitution and Canons of this Diocese and the laws of the State of California, and all debts and obligations to the Corporation of the Diocese pertaining to its properties have been discharged, the Parish may make written request to the said Corporation, which shall convey such real properties to the Parish, whereupon the trust with respect to such properties shall terminate.
2.14 Bishop May Dissolve Mission. The Bishop may dissolve a Mission, with the consent of the Standing Committee, when in the Bishop's opinion, the failure to fulfill any of its pledges made to the Bishop shall warrant in doing so. In the event of such dissolution, the Bishop shall become the custodian of all personal property and fixtures of the Mission other than that held in trust by the Corporation of the Diocese under Title II, Canon 2.11 and may dispose of such property according to the Bishop's best judgment in the interest of the general mission work of the Diocese.
[Amended in Convention, 1996: To conform the numbering system and to render the Canons gender neutral]
2.15 Dissolution of Mission. Should a Diocesan Mission be dissolved or cease to exist, then the Corporation of the Diocese may hold, manage, sell or otherwise dispose of any real property of such a mission and apply the same, or the proceeds therefrom, to such beneficial use and purpose of the Church in the Diocese as the Corporation of the Diocese with the consent of the Bishop and the Standing Committee may deem to be for the best interest of the Diocese.
2.16 Dissolution of Parochial Mission. A parochial Mission may be dissolved by action of the Vestry of the sponsoring Parish with the consents of the Bishop and the Standing Committee and its property shall revert to the sponsoring Parish for such beneficial use of said Parish as its Vestry shall deem to be for the best interest of said Parish or the area formerly served by the dissolved Mission.
CANON 3. THE PARISH
3.00 How Parish May Apply. A new Parish may be organized upon application made either by 50 or more communicants of 18 years of age or over, or by an existing Mission having 50 or more communicants of 18 years of age or over, when such Parish is able to meet all current expenses and maintain a Rector at a salary equal to or above the Diocesan minimum standard salary and to meet its Diocesan obligations and the assessment to The Church Pension Fund.
3.01 If Not Already a Mission. Whenever 50 or more communicants of 18 years of age or over shall desire to organize as a Parish, being resident in the locality or community within which the proposed Parish is to be located, they shall present a written application to the Bishop as provided in Title II, Canon 1.00. In addition to the prerequisites in this Canon and in Title II, Canon 1, such application shall include a promise and declaration on the part of such communicants that the said Parish shall be forever held under, and that they shall conform to and be bound by the Ecclesiastical Authority of the Bishop of The Episcopal Diocese of San Diego and the Bishop's successors in office, the Constitution and Canons of The Episcopal Church and the Constitution and Canons of The Episcopal Diocese of San Diego.
[Amended in Convention, 1996: To conform the numbering system and to render the Canons gender neutral]
3.02 For an Existing Mission. Whenever a Mission shall desire to organize as a Parish, notice of the date and place of a public meeting of the members of the Mission, at which the proposed organization is to be considered, shall be given at all services at the customary place of worship of that Mission, on the two Sundays immediately preceding the proposed meeting. If at said meeting at least 50 members of said Mission qualified to vote at its Annual Meeting, and being no less than a majority of those present, shall vote in favor of the proposed Parish organization, a written application signed by two-thirds of the full membership of the Vestry of the Mission and by at least 50 of the aforesaid members who voted for such organization shall be presented to the Bishop in the manner provided for in Title II, Canon 1.00, 1.01, 1.02 and 1.03. In addition to these prerequisites, such application shall include the same pledges of conformity as required in Title II, Canon 3.01.
[Amended in Convention, 1996: To conform the numbering system]
3.03 For a Parochial Mission. A Parochial Mission may apply for permission to organize as a Parish in the same manner as provided in Title II, Canon 3.02 with the addition of a certificate of consent by the Rector and two-thirds of the full membership of the Vestry of the sponsoring Parish.
[Amended in Convention, 1996: To conform the numbering system]
3.04 Public Meeting to be Called. Upon receipt of the consents of the Bishop and the Standing Committee, the Parish may be organized at a public meeting called by the Bishop or the Member of the Clergy the Bishop may have appointed to preside or by the Rector of the sponsoring Parish in the case of a Parochial Mission. Not less than one week's written notice shall be given to all qualified electors. The proposed Parish shall organize by adopting a Constitution or Bylaws, which shall set forth amongst other things the name by which the Parish shall be legally known and the promises of conformity made in the application to the Bishop and by election of a Vestry, from which shall be chosen two Wardens as provided in Title II, Canon 6.00.
[Amended in Convention, 1996: To conform the numbering system and to render the Canons gender neutral]
3.05 Organization of Vestry and Election of Rector. The organization of a new Parish having been completed in accordance with the previous section, the Vestry then elected shall organize and elect its officers, either immediately or at a later date agreed upon by a majority of Vestry members present. The Vestry shall elect a Rector under the provisions of Title II, Canon 7, by an affirmative vote of two-thirds of the full number of Vestry members elected.
3.06 Election of Delegates from Parish to Convention. The new Parish shall elect its Delegates to the Diocesan Convention in accordance with its Bylaws. Such election of Parish Delegates shall replace any former election of Mission Delegates.
3.07 Parish May Incorporate. Upon complying with all of the provisions of the foregoing sections of this Canon, a Parish may incorporate under the laws of the State of California. The Rector of the Parish shall be ex officio a member and the President of the Vestry and of the Parish Corporation's Board of Directors or Trustees, and the Articles of Incorporation and the Bylaws shall so provide. The Bylaws shall further state that the Constitution and Canons of The Episcopal Church and the Constitution and Canons of The Episcopal Diocese of San Diego, from time to time in effect, shall be incorporated in said Bylaws; and that in the case of any conflict between said Constitutions and Canons and said Bylaws, the former shall prevail over and in all respects supersede and to that extent effect the repeal of the said Bylaws.
3.08 Irrevocable Dedication. No Parish shall be organized nor shall it be operated for pecuniary gain or profit and shall not contemplate the distribution of gains, profits or dividends to its members and shall be organized solely for religious purposes. The property, assets, profits and net income shall be irrevocably dedicated to religious purposes and no part of the profits or net income shall ever inure to the benefit of any member of the vestry, officer or member or to the benefit of any private individual. On the dissolution or winding up of the Parish, its assets remaining after payment of, or provision for payment of, all debts and liabilities, shall be distributed to the Corporation of the Diocese, to be held by it in trust or otherwise for religious purposes only.
[Amended in Convention, 1996: To render the Canons gender neutral and to correct reference to the Corporation]
3.09 Consent Required before Encumbering, Acquiring or Disposing of Real Property. Should any Parish desire to mortgage or otherwise encumber, to sell, exchange or otherwise dispose of all or any of its real property, or to acquire, except by gift, devise or bequest, any real property subject to an existing encumbrance, or to assume an existing encumbrance, the written consents of the Bishop and the Standing Committee must be obtained prior to any such sale, exchange, mortgage, or other encumbrance, disposition or acquisition.
3.10 Dissolution of a Parish. A Parish may be dissolved by approval of two-thirds of the votes of qualified electors present at an Annual or Special Meeting duly announced at all services on three successive Sundays following written notice by the Vestry to all qualified electors and only with the consents of the Bishop and the Standing Committee. In the event that there is no Vestry qualified to act, the meeting may be called by the Bishop and the Standing Committee. In the event there is no congregation to convene, the Bishop and the Standing Committee may dissolve the Parish. Upon dissolution all assets and liabilities shall be conveyed to the Corporation of the Diocese, which shall use any residuary proceeds for such beneficial purposes of the Church in The Episcopal Diocese of San Diego as the Bishop and the Standing Committee shall deem fitting.
[Amended in Convention, 1996: To correct reference to the Corporation]
3.11 Dissolution of a Parish in Order to Become a Mission. Any Parish, incorporated or unincorporated, may request of the Convention, through the Committee on Admission of Parishes and Missions, with the approval of the Bishop and the Standing Committee, permission to dissolve the Parish association or corporation, and reorganize as a Diocesan or Parochial Mission, following the same procedure as for the organization of a Mission. Title to the property of the Parish shall then be transferred to the Corporation of the Diocese or to the sponsoring Parish if incorporated.
3.12 Providing Chancellor with Certain Documents. Every Parish shall provide the Chancellor of the Diocese with a copy of its Articles of Incorporation and Bylaws or, if unincorporated, with a copy of its Constitution and Bylaws, together with all amendments thereto which may from time to time be made and with copies of applicable federal and California tax exempt letters.
CANON 4. THE CATHEDRAL
4.00 The Cathedral. St. Paul's Church in the See City of San Diego is the Cathedral Church of the Diocese of San Diego and the official seat of the Bishop and is known as the Cathedral Church of St. Paul.
4.01 Rights, Privileges and Obligations. The Cathedral Church of St. Paul shall not be deprived of any rights and privileges afforded a Parish under the Constitution and Canons of the Diocese and of The Episcopal Church in the United States of America, nor be relieved of any of its obligations and responsibilities as a Parish unless specifically set forth in this Canon.
4.02 Cathedral Organization. There shall be a Cathedral Chapter composed of the Vestry of the Parish of Saint Paul, which shall be re-named the Chapter. In addition to such persons elected or appointed as members thereof, pursuant to the Articles of Incorporation and Bylaws of the Parish of Saint Paul, the Chapter shall consist of the following:
4.02.01 A Bishop's Warden appointed annually by the Bishop.
4.02.02 Two Chapter members elected by the Convention of the Diocese for four year terms, except as herein provided. So as to provide rotating membership, immediately after the initial election, it shall be determined by lot which shall serve for a four year term and which shall serve for a three year term. Thereafter, all terms shall be for four years.
4.02.03 A vacancy in the office of the Bishop's Warden shall be filled by the Bishop. A vacancy in the office of a Chapter member elected by the Convention of the Diocese shall be filled by the Bishop ending the next meeting of Convention whether special or annual.
4.02.04 The Parish of Saint Paul shall cause its Articles of Incorporation and Bylaws to be amended to reflect the change in name and the addition to the aforementioned members of the Cathedral Chapter. The Dean and Chapter shall have the customary rights and duties of a Parish Rector and Vestry.
4.03 The Dean. The Dean is the Rector of the Cathedral Parish and is in charge of services in the Cathedral with control over all matters of ritual and ceremonial in the services held in the Cathedral subject to the Canons of The Episcopal Church in the United States and the Diocese. The Dean is the Pastor of the Cathedral congregation and shall keep the Cathedral Register and the Service Register. The Bishop, upon due notice to and in consultation with the dean, shall have the right to preach and conduct services in the Cathedral and set the norm of ceremony and ritual to be observed on these occasions, and also for Diocesan services.
[Amended in Convention, 1996: To render the Canons gender neutral]
4.04 Dean's Resignation. The Dean's resignation shall be in writing, delivered to the Bishop, or if that is impossible, the Senior Warden or one of the Officers of the Cathedral Chapter shall notify the Bishop in writing that a vacancy has occurred in the office of the Dean. When the office of the Dean of the Cathedral is vacant, it shall be the duty of the Chapter to elect and call a Dean in accordance with and pursuant to the Canons of the Diocese as they relate to the call of a Rector, and in consultation with the Bishop who must approve said selection and call.
[Amended in Convention, 1996: To render the Canons gender neutral]
4.05 Canons of the Cathedral. The number of Canons residentiary on the staff shall be determined by the Dean and Chapter. Their titular designation shall be determined by the Bishop in consultation with the Dean. Diocesan Canons may be appointed by the Bishop, and they are accorded the dignity of Honorary Canons of the Cathedral.
4.06 Diocesan Expenses. The Diocese shall be responsible for all expenses in the connection with Diocesan functions held in the Cathedral and for those portions of the Cathedral properties regularly occupied as Diocesan offices and any other extra expense incurred by the Cathedral by reason of its serving as Cathedral of the Diocese which are beyond the normal expenses of a Parish without Cathedral status.
4.07 Amendments and Dissolution. The designation of Saint Paul's as the Cathedral Church of the Diocese, and the written consent to such designation and this Canon by the Vestry of Saint Paul's Parish are intended and expected to continue so long as both the Parish and the Diocese exist. Nevertheless, either the Bishop and the Diocesan Convention or the Cathedral Chapter shall have the right to terminate this designation and return said Cathedral to Parish status through formal action of either the Bishop and the Convention of the Diocese or the Chapter of the Cathedral by mutual agreement or by giving one year's written notice thereof through formal action of either of said parties.
4.08 Amendments. This Canon may be amended in the same manner as provided for such amendments, provided however that all such amendments must be ratified and accepted by the Cathedral Chapter before becoming effective.
CANON 5. ELECTORS AND ELECTIONS
5.00 Qualified Electors. The following shall be qualified electors: Any person of 16 or more years of age who is an attendant at worship and a regular contributor of record and who for the previous 60 days shall have been registered in the congregation as a baptized person or communicant member.
[Amended in Convention, 1997: Lowered age standard from 18 to 16.]
5.01 Notice to be Given. Notice of the election of a Vestry or of Delegates to the Convention shall be given at all services on the two Sundays immediately preceding the day of election.
5.02 Elections to be by Ballot. Elections in all congregations shall be by ballot and any 10 qualified electors may call for a secret ballot. Proxy voting and absentee ballots shall not be allowed.
5.03 Election Result to be Announced. On the Sunday following such election, the names of those elected shall be announced at all services.
5.04 Clerk to Notify Bishop. Following every election of the Vestry or Delegates, the Clerk shall inform the Bishop or Bishop's designate of the names and addresses of those elected.
[Amended in Convention, 1996: To render the Canons gender neutral]
CANON 6. THE VESTRY
6.00 Duties, Election and Organization. At an Annual Meeting to be called upon reasonable notice as soon after January 1st of each year as is practical, each congregation shall elect to manage its temporalities a Vestry composed of persons who are [at] least 18 years of age and who are qualified electors of the congregation which elects them, the number to be determined by its Bylaws or Articles of Incorporation. The Rector of a Parish or the Vicar of a Mission shall be elected a member of the Vestry. The Senior and Junior Wardens shall always be communicants in good standing. In Parishes, the Senior Warden shall be appointed from the Vestry by the Rector. In Missions the Senior Warden shall be appointed by the Bishop. In all cases, the Junior Warden shall be elected from the Vestry by the Vestry. When a rectorship is vacant, the Parish Vestry shall elect the Senior and Junior Wardens from the Vestry. The Wardens may be alternately termed "Rector's Warden" and the "People's Warden."
[Amended in Convention, 1996: Added the last sentence to clarify terminology]
[Amended in Convention, 1997: Added age standard.]
6.01 Rotation in Vestries. Nothing in the foregoing section shall preclude any congregation from electing only a portion of its Vestry each year or from establishing a "rotating" Vestry with a period of ineligibility for re-election after completing a full term of office or according to its Bylaws.
6.02 Vacancies. The Vestry shall have power to fill vacancies in its own body and shall continue in office until their successors are elected. The Vestry may declare that a vacancy exists when a member shall have unexcused absences from three successive regular Vestry meetings. A vacancy in the office of Senior Warden in Missions shall be filled by appointment of the Ecclesiastical Authority and in Parochial Missions by appointment of the Rector.
[Amended in Convention, 1996: To change "Bishop" to "Ecclesiastical Authority" to clarify role of Ecclesiastical Authority]
6.03 Wardens to Act. In case a congregation be without a Rector, Vicar or Priest-in-Charge, or such Member of the Clergy be absent or unable to act, the Senior Warden, or in whose absence the Junior Warden, shall preside at all Vestry and Parish Meetings. No Vestry or Parish Meeting shall be valid without the presence of either such Member of the Clergy in charge or the representative of the Bishop or one Warden.
[Amended in Convention, 1996: To render the Canons gender neutral]
6.04 Member of the Vestry May Preside. The Rector, Vicar, or Priest-in-Charge shall preside at all meetings of the Vestry at which he be present but may request some other member of the Vestry to preside even though he be present.
6.05 Clerk and Treasurer to be Elected. The Vestry shall annually elect a Clerk and a Treasurer, who may or may not be members of the Vestry, and who shall serve until their successors are elected. The Clerk of a Parish Vestry shall have the status and perform the duties required of the secretary of a corporation and such other duties as the Bylaws shall prescribe.
CANON 7. THE RECTOR
7.00 Rector to Have Charge of Spiritual Interests. The Rector, subject to the Bishop, shall have exclusive charge of all things pertaining to or affecting the spiritual interests of the Parish, including the duty and right to give order concerning public worship, together with all that pertains thereto. The Rector shall have the spiritual direction and control of all organizations of the Parish and shall preside, with right to vote, at all Parish and Vestry meetings. The Rector shall at all times have access to the Church building or buildings and shall have the custody of the keys of the same.
[Amended in Convention, 1996: To render the Canons gender neutral]
7.01 In Case of Vacancy, Vestry to Inform Ecclesiastical Authority. Whenever the Rectorship of a Parish shall become vacant by resignation or otherwise, the Vestry shall, within five days, make written communication of the fact to the Ecclesiastical Authority, which may appoint a Minister-in-Charge pending the election of a Rector.
[Amended in Convention, 1996: To change "Bishop" to "Ecclesiastical Authority" to clarify role of Ecclesiastical Authority]
7.02 Committee to Consult with Ecclesiastical Authority. Before considering or calling any Member of the Clergy to the office of Rector of a Parish, the Vestry of such Parish shall first appoint a Committee of the Vestry to consult with the Ecclesiastical Authority concerning the selection of a Member of the Clergy for the office of Rector of such Parish. Such Committee shall meet with the Ecclesiastical Authority and they shall consult together concerning the election of a Rector. The Ecclesiastical Authority shall make recommendation of members of the Clergy whom such Ecclesiastical Authority shall deem qualified to accept the Rectorship of said Parish. The Committee and the Ecclesiastical Authority shall agree upon one or more suitable Members of the Clergy to fill the office of Rector of such Parish, if possible, and the names of the members of the Clergy so agreed upon shall be submitted to the Vestry of the Parish and the Vestry shall make its selection from such Members of the Clergy. If the Committee and the Ecclesiastical Authority shall not agree, the Committee must in any event submit the names of the members of the Clergy recommended by the Ecclesiastical Authority and the Vestry must consider such nominees before considering any others in making its selection.
[Amended in Convention, 1996: To change "Bishop" to "Ecclesiastical Authority" to clarify role of Ecclesiastical Authority]
7.03 Ecclesiastical Authority to Announce Vacancy. The Ecclesiastical Authority, at an appropriate time, shall cause the vacancy to be made known to all clergy canonically resident in the Diocese.
7.04 Two-thirds Vote Necessary to Elect. In electing the Rector, an affirmative vote of two-thirds of the Vestry shall be required. No selection of a Rector shall be valid unless the procedure outlined in the Canons shall have been followed. If the Vestry shall not select a Member of the Clergy from those agreed upon by the Committee and the Ecclesiastical Authority, or if the Member of the Clergy elected shall decline, the same procedure shall be followed as herein outlined until an election and acceptance shall have been secured.
7.05 Ecclesiastical Authority to be Notified. Upon the election of a Rector, the Vestry of the Parish must give immediate notice to the Ecclesiastical Authority of the Diocese, whereupon the person so elected may enter upon the duties of Rector.
[Amended in Convention, 1996: To render the Canons gender neutral and to change "Bishop" to "Ecclesiastical Authority" to clarify role of Ecclesiastical Authority]
7.06 After Six Months' Vacancy, Bishop to Nominate. In case the Rectorship of any Parish shall be vacant and the Vestry thereof shall, for a period of six months, fail to make such efforts to fill such vacancy as shall seem adequate to the Bishop and the Standing Committee of the Diocese, the Bishop shall then have the right to nominate to the Vestry one Member of the Clergy to fill such vacancy and the Vestry shall elect such Member of the Clergy to become the Rector of the Parish.
[Amended in Convention, 1992 to add concurrence of Standing Committee - former language: ". . . as shall seem adequate to the Bishop of the Diocese, the latter shall have the right to nominate . . ."]
7.07 Assistant Clergy. In case any Parish desires additional Clergy as Assistants, its Rector shall request of the Ecclesiastical Authority the names of suitable Members of the Clergy. The Rector may propose names to the Ecclesiastical Authority. Sufficient time, not exceeding 30 days, shall be given to the Ecclesiastical Authority to communicate with the Rector and Vestry thereon.
[Amended in Convention, 1996: To change language from "Minister" to "Clergy"]
7.08 Bishop is Rector of Diocesan Missions. The Bishop is Rector of all Diocesan Missions and shall appoint Vicars to have charge under the Bishop's direction in Missions where a resident Member of the Clergy is, in the Bishop's judgment required.
[Amended in Convention, 1996: To change language from "Minister" to "Clergy" and to render the Canons gender neutral]
CANON 8. APPOINTMENT OF CLERGY OTHER THAN IN PARISHES
8.00 In Diocesan Missions. Vicars of Diocesan Missions shall be appointed by the Bishop.
8.01 In Parochial Missions. Vicars of Parochial Missions shall be appointed by the Rector of the sponsoring Parish, after consultation with the Bishop and with the consent of the Parish Vestry.
8.02 In Diocesan Institutions and Schools. Members of the Clergy serving Diocesan Institutions or Schools or Parish Day Schools shall be appointed by the authorities thereof after consultation with and consent of the Bishop.
[Amended in Convention, 1996: To change language from "Minister" to "Clergy"]
8.03 In Diocesan Appointments. Clergy serving as members of the Diocesan Staff shall be appointed by the Bishop.
[Amended in Convention, 1996: To change language from "Minister" to "Clergy"]
CANON 9. CHURCH REGISTER
9.00 Minister to Keep Register. Each congregation shall provide a Register, which shall be its property, in which the Pastoral Leader or Member of the Clergy in charge of the congregation shall keep the following permanent records:
(a) All baptisms, confirmations, marriages and burials at which any Member of the Clergy has officiated within the limits of the cure;
(b) A list of all baptized members and communicants within that cure.
The Pastoral Leader or Member of the Clergy in charge of the congregation shall from time to time enter on the list of communicants:
(a) The names of all persons confirmed in that cure who have received the Holy Communion;
(b) The names of all communicants who have been received by Letters of Transfer from other cures;
(c) The names of those who receive Holy Communion regularly within that cure and found after diligent enquiry and on evidence of confirmation and not being under ecclesiastical discipline, not to appear to be registered elsewhere. The Pastoral Leader or Member of the Clergy in charge of the congregation shall also keep a list of other baptized persons not registered as communicants who are attendants at worship and regular contributors of record.
[Amended in Convention, 1996: To clarify the role of the Pastoral Leader, to change language from "Minister" to "Clergy," and to render the Canons gender neutral]
9.01 Communicant List to be Revised. From time to time and at least annually at the time of the Annual Parochial Report, the Pastoral Leader or Member of the Clergy in charge of the congregation or the authorized person shall revise the Register list, and place appropriate symbols opposite the names of those who have died, who have received Holy Orders, who have been transferred by Letter to other Episcopal congregations, who are inactive, whose domicile is unknown or who have left the cure without notice and cannot be traced after reasonable time and due effort. There shall also be entered upon the Register opposite the names which have been noted by the appropriate symbol, the cause and date, with either signature or initials. Such action shall not affect the individual's communicant status in the Church at large, but that individual shall cease to be listed as an active member of that congregation. In cases where an individual has renounced the communion of this Church or has been suspended, an appropriate symbol, with explanation, date and signature as above provided shall be noted.
[Amended in Convention, 1996: To clarify the role of the Pastoral Leader, to render the Canons gender neutral, and to strike the concept of one having forfeited "the right to Discipline and Worship of the Episcopal Church."]
9.02 Letters of Transfer. When a member in good standing removing from any cure fails to apply for a Letter of Transfer, the Minister shall send a letter to the cure in which the member has become resident, advising the Minister of the cure of the presence of the member within that cure, and advising that a Letter of Transfer would be forwarded upon request by the member. Should there be no cure, or if the cure is not known, such letter shall be sent to the Bishop of the Diocese concerned.
[Amended in Convention, 1996: To render the Canons gender neutral]
9.03 Register Shall be Available. The Church Register shall at all convenient times be open to the inspection of the Ecclesiastical Authority of the Diocese and of the Wardens and Vestry.
CANON 10. FINANCIAL AND PAROCHIAL REPORTS
10.00 Annual Reports Must be Filed. On or before the first day of February of each year, each congregation shall file in duplicate with the Secretary of the Convention a statistical and financial report in the form prescribed from time to time by the Episcopal Church. The Secretary shall deliver one copy thereof to the Finance and Budget Committee for the next Annual Convention, to be used in preparing a schedule of the Share for Diocesan and Convention purposes. Any congregation failing to furnish an annual report as provided herein shall be subject to an arbitrary Share determined by the Finance and Budget Committee.
[Amended in Convention, 1996: To reflect change of Committee name from "Committee on Finance" to "Finance and Budget Committee]
10.01 Reports of Parochial Missions. The annual reports of a Parochial Mission shall be separate from the annual reports of the sponsoring Parish, but countersigned by the Rector of the sponsoring Parish, and the statistical and financial data for a Parochial Mission shall not be duplicated in the report of the sponsoring Parish.
10.02 Financial Reports to be Audited. The financial report contained in each Annual Report shall be audited by a Certified Public Accountant or a member of the Society of California Accountants or other person acceptable to the Treasurer of the Diocese and the report of certificate of such audit shall be filed with the Treasurer of the Diocese not later than June 1 following the year covered by the Annual Report.
CANON 11. CONVENTION ACTS ARE BINDING
11.00 Binding Effect. Whether or not a congregation of this Diocese is represented in any Convention of the same, or in any sessions thereof, such congregations shall nevertheless be bound by all acts of such Conventions.
CANON 12. ORGANIZATIONS
12.00 Direction of Organizations. With the approval and under the direction of the Minister-in-Charge, organizations may be established to carry on the work of the Church within any congregation, by the duties, rights and organizations thereof to be prescribed by the Minister, including regulations as to the custody, deposit, withdrawal and accounting for funds of the same, and for surrender of the same to the congregation in case of dissolution of such organizations, in which case they shall be used for such beneficial use of the congregation as the Vestry shall determine.
CANON 13. DAY SCHOOLS AND DAY NURSERIES
13.00 Day Schools and Day Nurseries May Be Established. Churches or Diocesan Institutions establishing, maintaining and operating Day Schools or Day Nurseries in which not only the Christian religion is taught, but also subjects of secular education, and whose school activities are in excess of those permitted under church or welfare exemption from taxes, shall take all necessary steps to prevent such secular use of any consecrated church or chapel owned, occupied or controlled by it, as would deprive such church or chapel of its tax-exempt status as charitable organization.
13.01 Day Schools and Day Nurseries to Report. The officers of Day Schools and Day Nurseries shall send to the Treasurer of the Diocese an annual financial report within 60 days of the close of the fiscal year and said Parish Day School or Day Nursery report shall be audited annually by a Certified Public Accountant or a member of the Society of California Accountants or other person acceptable to the Treasurer of the Diocese engaged by the officers of the Day School or Day Nursery. The auditor shall attach his signed report letter to the financial statement.
13.02 Property Irrevocably Dedicated. The properties of such churches and institutions of the Diocese devoted to such school purposes, whether vested in a Parish Corporation, the Corporation of the Diocese, or an incorporated Institution of the Diocese of San Diego, and whether now existing or hereafter organized, are irrevocably dedicated to religious, charitable or hospital purposes within the meaning of the Welfare Exemption Act of the State of California; and upon liquidation, dissolution or abandonment by the owner will not inure to the benefit of any private person, but only to a fund, foundation or corporation organized and operated for religious, charitable or hospital purposes. This provision shall not be interpreted to deprive the Corporation of the Diocese of the property of any dissolved subordinate Parish, Mission or Institutional Corporation, to which it may be entitled upon such dissolution nor to prohibit the sale or exchange of a property to obtain other property for the same purpose or to obtain funds for the operations of its program.
[Amended in Convention, 1996: To correct reference to the Corporation]
TITLE III -- THE DIOCESE
CANON 1. THE STANDING COMMITTEE
1.00 Standing Committee to be Elected. The Standing Committee shall be elected as provided in Article IX of the Constitution. In the event of a vacancy, the Standing Committee shall have the power to fill the same until the next Annual Convention, when a Member of the Clergy or lay communicant, as the case may be, shall be elected for the remainder of the unexpired term.
1.01 Officers. The officers of the Standing Committee shall be a President and a Secretary to be elected from among the members thereof.
[Amended in Convention, 1992, deleting the phrase ". . . provided that the President shall be chosen from among the clerical members."]
1.02 When Acting as Ecclesiastical Authority. In all decisions made as the Ecclesiastical Authority, the Standing Committee shall vote by orders and unless the decision is to be made by the clerical members only, a majority vote of the members in each order shall be necessary for a decision. Notwithstanding the provisions of this section, no sentence shall be pronounced on a Member of the Clergy but by a Bishop.
[Amended in Convention, 1996: To eliminate redundant language]
1.03 Rules. The Standing Committee shall adopt rules governing its procedures.
1.04 May Require Reports. The Standing Committee may require from congregations and Diocesan Institutions such reports regarding their affairs as it shall from time to time deem necessary.
1.05 To Report to Convention. The Standing Committee, through its Secretary, shall make a report of its proceedings to each Annual Convention.
CANON 2. THE DIOCESAN COUNCIL
2.00 Membership. There shall be a Diocesan Council consisting of the Bishop of the Diocese, the Bishop Coadjutor, and Suffragan Bishop if there be such, the Secretary of Convention, the Treasurer of the Diocese, the Chancellor or a designated assistant Chancellor and 18 other members elected by the Convention for three-year terms except as hereinafter provided. Nine shall be Priests or Deacons canonically resident in the Diocese and nine shall be lay communicants of the Diocese who are at least 16 years of age. No such members shall be eligible for re-election to the Council until at least one year shall have elapsed after the expiration of a full term of three years.
[Amended in Convention, 1996: To render the Canons gender neutral and to
change "Presbyter" to "Priest" in conformity with National
Canons.]
[Amended in Convention, 1997: Lowered age standard from 18 to 16.]
2.01 Classes. Immediately after the Diocesan Council shall be assembled in consequence of the first election following the adoption of the Constitution, the members thereof shall divide themselves by lot into three classes to consist of three clerical members and three lay members in each class. The seats of the members of the first class shall be vacated at the expiration of the first year, of the second class at the expiration of the second year, of the third class at the expiration of the third year, so that three clerical and three lay members may be chosen each year.
2.02 Vacancies. Any vacancy in the membership of the Council shall be filled by the remaining members thereof for the balance of the term of the one whose membership was terminated.
2.03 Ex officio Member. When the Standing Committee shall be the Ecclesiastical Authority, the President of the Standing Committee shall be, ex officio, a member of the Council and shall convene the initial meeting thereof.
2.04 Organization. The Diocesan Council shall organize itself in such a manner as it deems appropriate to carry out its duties and responsibilities, including but not limited to the unification, development and prosecution of the missionary, educational, communications and social relations work of the Diocese. It may add to the membership of any committee persons who shall have seats and votes in the committee, but not in meetings of the Council.
2.05 Commissions. The Diocesan Council shall organize itself into the following commissions, and may create other commissions as necessary:
2.05(a) Human Needs Commission. The Human Needs Commission shall assist all congregations in developing their own servant ministries.
2.05(b) Spiritual Growth and Renewal. The Commission for Spiritual Growth and Renewal will coordinate and facilitate programs in the Diocese that respond to issues of inner life and evangelism, and promote them in the congregations.
2.05(c) Congregational Support and Development. The Commission on Congregational Support and Development will develop strategies and resources to support and assist congregations in their growth and stewardship development.
2.05(d) Communications. The Communications Commission will assist the Diocese and the congregations in developing and conducting effective internal and external communications and public relations programs.
2.05(e) Operational Support of the Diocese. The Commission for the Operational Support of the Diocese will devise means to provide the Bishop and the Bishop's staff and to the Diocesan Council with adequate resources to carry out the mission and ministry of the Diocese in the extension of the Kingdom of God. The Commission is also tasked with preparing an annual budget that responds to the programmatic goals of Convention and Council, soliciting and monitoring Mission Share Pledges from the congregations, the monitoring and recommending of salaries and benefits for clergy and lay persons in the employ of the congregations and the Diocese, and with the recruitment of volunteers in support of Diocesan programs and projects.
2.05(f) The Development and Nurture of Ministry. There shall be a Commission for the Development and Nurture of Ministry, as described in Title III, Canon 4 of these canons.
2.05(g) The Convention Commission. There shall be a Convention Commission as described in Title I, Canon 10 of these canons.
2.05(h) Each Commission may organize committees as appropriate to fulfill the goals adopted by Convention and the strategies and plans adopted by Council.
[Former 2.05 Added by Convention in 1989]
[Amended in Convention, 1996: To reflect new structure, eliminating
Commissions denominated "Service," "Worship,"
"Evangelism," "Education," "Pastoral Care,"
"Stewardship," and "Missions" and replacing them with those
listed in the sections above]
[Former Canon 2.06, "Administrative and Support Committees," which
was added by Convention, 1989, was deleted by Convention, 1996]
2.06 Commissio
