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134th Annual Convention of The Episcopal Diocese
of Newark
REPORT OF THE COMMITTEE ON CONSTITUTIONS AND
CANONS
Members of the Committee:
Diane Sammons, Esq., Chancellor
John C. Garde, Esq., Vice Chancellor
Mr. T. Donald Cairns
The Rev. Dr. John A. Donnelly
The Rev. Canon Gervais Clarke, Ph.D.*
Thomas Bisdale, Esq.*
George F. Mackey, Esq.*
Mrs. Marge Christie
The Rev. John P. Mitchell
The Rev. Paul Walker
The Rev. Joseph Harmon
Mr. Miguel Hernandez
* Did not attend meeting January 2008
The Committee on Constitutions and Canons makes the following report to the 134th Convention of the Episcopal Diocese
of Newark.
On for Second Reading
AMENDMENT TO ARTICLE II, SECTION 4(II) OF THE
CONSTITUTION OF THE DIOCESE OF NEWARK
RESOLVED, That this 134th Convention of the Episcopal Diocese of Newark amends Article II, section 4(ii) of
the Constitution of the Diocese of Newark as follows, with the bolded text to be added and the strikethrough text
to be removed and all other text to remain intact, so as to read in all plain text.
[The Convention shall be composed of:]
(ii) Every Presbyter and Deacon canonically resident in the Diocese fourteen (14) days) on the first day of January
immediately preceding the meeting of the Convention, except that a vote shall not be accorded to Deacons having
fewer than two years in holy orders or to retired priests whose service in the Diocese was fewer than five years
prior to retirement; and
SUPPORTING INFORMATION
This proposed Amendment to the Constitution (on for second reading) and a related Canon, Canon 1, Sec.1 (passed
at last year’s Convention) were designed to synchronize the procedure for creating a roll of Clergy eligible to
vote at Convention. The passage of a Canon last year eliminating the two-year waiting period for Deacons voting
at Convention required this synchronization. As the Convention determined last year, canonical residency begins
on the day of ordination or, in the case of transferred clergy, with the acceptance of Letters Dimissory, and this
date should be the start of the membership of Convention for Presbyters and Deacons.
In reviewing the Constitution and Canons, it was discovered that there is a link between Article II, section 4(ii)
of the Constitution and Canon 1, section 1 with respect to creating the roll of Clergy eligible for votes and seats
in the Convention.
As the official Roll of Clergy is dictated by the Canons, a synchronization of both documents appeared to be needed.
The fourteen day timeframe in the amendment to the Constitution was suggested in order to ensure as much inclusion
as possible while also providing the appropriate time needed for the Ecclesiastical Authority to satisfy its obligation
under Canon 1, section 1.
The related canonical amendment 1.1 as proposed last year (and passed) is attached for your reference only:
AMENDMENT TO CANON, SECTION 1 OF THE
CANONS OF THE DIOCESE OF NEWARK
RESOLVED, That this 134th Convention of the Episcopal Diocese of Newark amends Canon 1, section 1 as follows, with
the bolded text to be added and the strikethrough text to be removed and all other text to remain intact, so as
to read in all plain text:
The Bishop, or in the case of a vacancy in the Episcopate, the Standing Committee, shall on or before January 15th
in each year, or no later than one (1) week before the day of meeting of a Convention or Special Convention, cause
to be delivered to the Secretary of the Convention a certified list of all Clergy canonically resident in the Diocese
and eligible for votes or seats at the Convention pursuant to Article II, section 4(ii) of the Constitution, together
with the names of their respective cures or other stations or assignments. In the case of Clergy who have been
ordained or received into the Diocese within the year immediately preceding, the date of their ordination or reception
shall also be given. From the list so furnished, the Secretary shall prepare the roll of Clergy entitled to votes
or seats in the Convention. The roll thus prepared shall be prima facie evidence of the rights of clerical members.
Should any dispute arise, it shall be referred to a committee of two Presbyters and one Layperson appointed by
the Convention, who shall decide and report on each case as early as may be; and the decisions thus made, if accepted
by the Convention, shall not be called in question again during the same session.
The Committee on Constitutions and Canons
recommends passage of the Constitutional Amendment.
RESOLVED, That this 134th Convention of the Episcopal Diocese of Newark adopts the following new Canon 22
PROPOSED NEW CANON 22
TRUSTEES OF THE EPISCOPAL FUND AND DIOCESAN PROPERTIES
CANON 22 • TRUSTEES OF THE EPISCOPAL FUND AND DIOCESAN PROPERTIES
The composition, duties and powers of the Trustees of the Episcopal Fund and Diocesan Properties of the Diocese
of Newark are set forth in the New Jersey Statutes of the Protestant Episcopal Church, as the same may be amended
from time to time, specifically, N.J.S.A. 16:12-19 to 16:12-22 (first enacted 1880) and of Religious Corporations
and Associations, N.J.S.A. 16:1-4.
Submitted by: The Task Force on Diocesan Role Clarification: Bishop Beckwith, The Rev. Beverly Huck (Bishop’s
Appointee), Carlotta Budd, Esq. (On Behalf of Trustees), John Garde, Esq. (On Behalf of Trustees), The Rev. Elizabeth
Kaeton (On Behalf of Standing Committee), Ms. Patrice Henderson (On Behalf of Standing Committee), Mr. Howard Mackey
(On Behalf of Diocesan Investment Trust), Ms. Carol Taylor (On Behalf of Diocesan Council), The Rev. Paul Olsson
(On Behalf of Diocesan Council), Diane E. Sammons, Esq. (Diocesan Chancellor).
SUPPORTING INFORMATION
This proposed Canon is submitted by the Task Force on Diocesan Role Clarification created in 2007 by the Bishop
in response to a Resolution presented at the 2007 Convention which required in part the creation of a study group:
to propose a Canon or Canons for the 2008 Convention that will serve to define the responsibilities of the Trustees
while remaining within the legal scope of the New Jersey statutes......
The Task Force consisted of the Bishop, a Bishop’s appointee, representatives of the Trustees, Standing Committee,
Diocesan Council, Diocesan Investment Trust, and the Diocesan Chancellor. A report from the Task Force on its
work will be separately presented to the Convention. As the report will suggest, the Task Force began to explore
the work and interrelationship of all of the senior bodies of the Diocese and considered ways to foster and improve
communication between them, the Office of the Bishop and the Diocesan Staff.
The Task Force explored the role of the Trustees of the Episcopal Fund and Diocesan Properties and recognized that
they are an entity created by the New Jersey statutes with powers and responsibilities as enumerated by statute.
N.J.S.A. 16:12-20 et seq. To be faithful to the mandate of the Convention Resolution, the Task Force proposes
the adoption of the attached new Canon which recognizes the membership, powers, and responsibilities of the Trustees
are statutory. The proposed Canon refers to the relevant statutes, a copy of which is attached to this explanatory
note.
The Committee on Constitutions and Canons
unanimously recommends adoption of the proposed Canon 22.
Statutes:
16:12-20. Trustees; certificate of incorporation; filing; powers
The corporation may appoint or elect as trustees, in such manner as may be determined, not less that five discreet
persons, who are members of the Protestant Episcopal Church, and citizens of this state, residing within the limits
of the diocese. A certificate, under the hand and seal of the president and secretary of the convention, stating
the corporate name selected for such trustees and also the names of such trustees, shall be filed in the office
of the secretary of state. Thereupon such trustees and their successors shall be a corporation, under the name
and title so certified, with the powers enumerated in section 16:1-4 of this title, except the power stated in
paragraph "i" of said section.
16:12-21. Management of funds; property in trust
Such trustees shall have the management and care of any fund already existing, or which may hereafter be contributed,
acquired or received, and any accumulations thereof, for the support of the episcopate of the diocese, and the
appropriation of the income of the fund for that purpose, according to the direction to be from time to time given
by the convention of the diocese. Such trustees may also take and hold by gift, grant, devise, bequest, or otherwise,
any property, funds or securities of any kind in trust for religious, ecclesiastical, charitable or educational
purposes, appertaining to or under the control of the convention or other ecclesiastical authority of the diocese,
and may carry out the objects of such trust, if consistent with the constitution, canons or laws of such church.
16:12-22. Statement of proceedings and account; removal of trustee; filling vacancy.
Such trustees shall present to each regular diocesan convention a statement of their proceedings, exhibiting the
condition of the fund, together with an account of their receipts and disbursements. They may provide by laws
for the removal of a trustee for good cause, and, on such removal, may declare the place vacant. Any vacancy in
the office of trustee whether the same occur by death, resignation or removal of a trustee may be filled by the
trustees until the next regular meeting of such convention. The convention shall permanently fill all vacancies
existing in the trustees.
16:1-4. Powers
Every religious society or congregation incorporated by virtue of any law of this state shall have power to:
a. Have perpetual succession as such corporation;
b. Sue and be sued, plead and be impleaded in any court;
c. Adopt and use a common seal and alter and renew the same at pleasure;
d. Appoint such officers, agents and employees as may be required for its properties, institutions and business;
e. Make by-laws and rules consistent with law, for the regulation and management of its affairs, properties and
institutions;
f. Acquire, purchase, receive, have and hold and take by devise, bequest or gift without limit, real and personal
property of all kinds, church edifices, schoolhouses, college buildings, parsonages, sisters' houses, hospitals,
orphan asylums, and all other kinds of religious, ecclesiastical, educational and charitable institutions, and
the lands whereon the same are or may be erected, and cemeteries or burial places, and any real estate suitable
for any or all of said purposes;
g. Lease, grant, sell and dispose of all or any part of such property;
h. Borrow money for the purposes of the corporation, and to give bonds and mortgages therefor on any part of its
property;
i. Have the management, direction and control of all the civil and temporal affairs of the congregation, church
or parish; and
j. Exercise any corporate powers necessary and proper for the carrying out of the above-enumerated powers and
the purposes of the corporation and its institutions.
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