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Canon X - Parochial Records, Reports, and Qualifications of Voters

10.1

Parish records and reports shall be made in conformity with the relevant requirements of the Canons of General Convention.

10.2 - Parochial Report, When Due

The Parochial report required by such Canons shall be filed with the Office of the General Convention. A copy of the report, together with the list of congregational officials for the ensuing year, shall also be sent to the Bishop not later than the designated date.

10.3 - Responsibility For

The maintenance of Parish records and the making of required reports by the Parishes and Congregations of the Diocese shall be the joint responsibility of the Rector and Vestry or of the Priest in Charge and the Executive Committee.

10.4 - Change of Qualifications

A Parish of this Diocese may change the qualifications of voters and the qualifications of Churchwardens and Vestrymen to include persons of less than full age but of the age of eighteen years or more, when the Parish shall so determine in the manner provided in Article 3, Section 46, of the Religious Corporations Law of the state of New York.

10.5 - Of the Application of the New York State Religious Corporations Law in the Diocese of Albany

All Congregations of the Episcopal Diocese of Albany are established under the provisions of New York State Religious Corporations Law and shall abide by them. The following interpretations of the provisions of the Law shall be normative in the Episcopal Diocese of Albany:

In compliance with Article 2.2 of the Law, as well as in applying the Canons of the General Convention of the Episcopal Church, the term “Rector” shall be understood to include any person placed in charge of a congregation, whether by election on the part of the Vestry, or appointment on the part of the Ecclesiastical Authority. Unless otherwise restricted in a Letter of Agreement, all such persons in charge of a congregation shall have the rights and responsibilities normally assigned to a Rector.

In applying Article 2.12.2 of the Law in compliance with Title III.14.1.c of the Canons of General Convention the real property of an Incorporated Church shall not be sold, mortgaged, or leased for any period of time whatsoever without the consent of the rector.

The application to sell, mortgage or lease real property under Article 2.12.2,3 shall include the following: a statement by a competent authority of the appraised value of the property; the sale price, the amount of the mortgage, or the terms of the lease, as the case may be; the identity of the purchaser, lending agency, or lessee, as the case may be; the use to which the property is to be put; and, in the case of a lease, a statement of the tax exemption status of that use as determined by the appropriate authority, together with a copy certificate of liability insurance held by the lessee.

Pursuant to Article 3.43.5, the rector shall keep a list of those qualified to vote and of those qualified to hold office (Article 3.43.6,7) and shall have the list available for inspection at the Annual Election or Special Parish Meeting.

In Article 3.43.6 “regular attendants” shall be interpreted to mean “habitually present”. “Contributors to its support” shall be interpreted to mean “a verifiable, regular contribution that is greater than a token amount.”

Although the Episcopal Church counts as adults those sixteen years of age or more, parish voters in New York State must be at least eighteen years of age.

The word “confirmed” in the qualification for churchwarden (3.43.7) shall be construed to mean “confirmed or received by a bishop of the Anglican Communion”.

If a person who was qualified under Article 3.43.6,7 to hold office at the time of election shall cease to meet the qualification standards of that Article for a period of three months or longer, that person’s seat may be declared vacant by the rector and a successor chosen as specified in Article 3.42.3.

Notwithstanding the desire of a congregation to formally install newly elected Churchwardens and Vestrymen at a worship service, the terms of those newly-elected shall commence at the time of the announcement of the results of the balloting as provided for in Article 3.43.10

Where it is desired to limit the number of terms served by Churchwardens and Vestrymen, such limitation must be approved by the Vestry and ratified by a majority of those voting at an Annual Election or Special Parish Meeting in the same manner as specified in Article 3.46.

 

 

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