Back to the Diocesan Home PageThe
Code of CANON
LAW
OF THE
diocese of California American catholic church
THE
CONSTITUTION AND CODE OF CANONS OF THE DIOCESE OF CALIFORNIA
AMERICAN CATHOLIC CHURCH
These canons are to be used as a guideline and are normative.
However, pastoral sensitivity in their application always is to
prevail, given subjective and particular contexts and
circumstances, and may be modified at the discretion of the
Presiding Bishop in concurrence with the College of Bishops as
set forth herein.
LEGISLATIVE HISTORY OF THIS CONSTITUTION AND CODE OF CANONS
PREAMBLE
By the Grace of Almighty God the Creator, Jesus the Christ and
the Holy Spirit, this Constitution and Code of Canons is
established as the organizational and legal norm for the
Diocese of California American Catholic Church.
ARTICLE I THE CHURCH
Chapter 1 Name and Jurisdiction
Canon I-1
Official Name
a) The official
name of this Church shall be: The Diocese of
California American Catholic Church hereinafter referred to as the
American Catholic Church, the American Catholic Church
Diocese of California, the ACC or,
simply, the Church.
b) Wherever herein The Diocese of
California American Catholic Church is referenced by the form
The Diocese of California American Catholic Church, The American Catholic
Church,
American Catholic Church Diocese of California, the ACC, or simply the Church; such reference shall be
as if made to the said Church by its full name.
c) Formal intercommunion arrangements with other ecclesiastical
bodies not withstanding, The Diocese of California American Catholic Church is a completely independent autocephalous
(self-governing) Catholic Church.
Canon I-1.1
Jurisdiction and Boundaries
a) The boundaries of The Diocese of California American Catholic Church shall be coincident with worldwide boundaries.
b) In addition
to the foregoing, The Diocese of California American Catholic Church boundaries shall be construed so as to include all
territories, commonwealths, and possessions of the United States
of America and/or Canada, including the District of Columbia,
Guam, Puerto Rico, the U.S. Virgin Islands, and the Trust
Territories of the Pacific; together with such other areas as
may be at any time governed by the United States of America
and/or Canada or their respective representatives, wherever
situated.
c) Furthermore,
all military and naval facilities and vessels of the United
States of America and/or Canada, wherever situated, together
with the personnel and their families assigned thereto; and all
persons acting in an official capacity as representatives of the
government of the United States of American and/or Canada
together with their families, wherever situated, shall be
construed as being within the boundaries of The Diocese of California American Catholic Church.
d) The Diocese of California American Catholic Church shall have jurisdiction
anywhere in the world
where it chooses to establish a mission.
e) The Diocese of California American Catholic Church has jurisdiction
everywhere within its boundaries.
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Chapter 2
Purpose
Canon I-2
Purpose of the Diocese of California American Catholic Church
a) The Diocese of California American Catholic Church is a voluntary association
of the members of Christ’s One, Holy, Catholic and Apostolic
Church which unites all Christians and exists for the purpose of
making known the Gospel of Our Lord Jesus the Christ to all
people within its jurisdiction and to provide the Sacraments of
the Church and/or other pastoral care to all people.
b) The Church
shall worship the One True Triune God- Father, Son, and Holy
Spirit and shall be part of God’s Kingdom, unconditionally
embracing all persons of faith, and all persons seeking to
discover or rediscover their faith.
c) This Church
shall establish diocese, parishes, religious communities and
other necessary institutions as necessary to further the purpose
set forth above.
d) This Church
declares itself to be an open and affirming inclusive Catholic
faith community that particularly welcomes all those who have
been injured or disenfranchised through religious bigotry or
hatred, fear or ignorance. This Catholic faith community
welcomes individuals and couples who have been divorced and
remarried, gays, lesbians, bisexuals, and those of the
trans-gendered community, as well as those questioning their
sexuality.
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Chapter 3
Membership
Canon I-3
Membership defined
a) Anyone who
has validly received the Sacraments of Christian Initiation or
received into full membership according to the approved
liturgical and sacramental rites of this Church by a deacon,
priest or bishop in good standing of The Diocese of California American Catholic Church is a member of The Diocese of California American Catholic Church unless they give up such
membership.
b) Anyone who had validly received the Sacraments of Christian
Initiation or received into full membership according to the
liturgical and sacramental rites approved of herein by a deacon,
priest or bishop in good standing of another ecclesiastical
communion is and who requests membership and is accepted in The
Diocese of California American Catholic Church, is a member of
the ACC.
c) Anyone meeting these criteria who formally affiliates with
any parish or mission of the Diocese of California American Catholic Church by registering as a member of that parish or mission
shall be considered to have membership in The Diocese of California American Catholic Church.
Canon I-3.1
Limitations of Member's Rights
The Rights of Membership for the various categories of members
are set forth in this Constitution. Except as may be
specifically provided herein, membership in The Diocese of California American Catholic Church does not convey the right
to vote within the civil corporate structure of The Diocese of California American Catholic Church; nor does it convey equity
in the Church nor in any property, real or personal, owned by
The Diocese of California American Catholic Church, nor that of
any Diocese, Parish, or Mission of The Diocese of California American Catholic Church; nor does it necessarily convey the right
to vote in the General Conference or other Councils of the
Church.
Canon I-3.2
Categories of Membership
There shall be three categories of membership in The Diocese of California American Catholic Church
Lay, Religious, and Clergy. These categories exist as
organizational conveniences reflecting the diversity of the
gifts of the Holy Spirit and do not indicate a hierarchy of rank
or privilege.
Canon I-3.2.1
Membership Categories Defined
a) The Lay membership category shall consist of all members of
The Diocese of California American Catholic Church, who are
neither members of the Religious Category nor the Clergy
category.
b) The Religious membership shall consist of all members of The
Diocese of California American Catholic Church, who are members
of Religious Orders as defined by this Constitution and their
respective Order's Rules and/or Constitution.
c) The Clergy
membership category shall consist of all members of The Diocese of California American Catholic Church who have received the
Sacrament of Holy Orders in the Order of Deacon, Presbyter
(Priest), and/or Bishop according to the norms established in
this Constitution and who have been incardinated into The
Diocese of California American Catholic Church.
d) Members of Religious Orders who are also Bishops, Presbyters,
or Deacons are members of both the Religious and Clergy
categories. Nevertheless, with regard to membership in the
General Conference, such persons are to choose only one (1)
category for the purposes of participation and voting in the
General Conference.
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Chapter 4 The
Law of The Church
Canon I-4 The
Law of the Church Established
a) The Supreme
Law of the Church is the Law of God, revealed in the Person and
Teaching of Jesus the Christ, the Incarnate Son of God; through
the Holy Scriptures; and in the Traditions of the One, Holy,
Catholic, and Apostolic Church.
b) Exercising its teaching authority granted to it by Christ
through the agency of the College of Bishops, the Church
establishes and maintains a Statement of Beliefs which expresses
the Revealed Truth entrusted to the Church by Christ and which
is binding on all members of the Church.
c) Christ empowered the Church to govern itself. Exercising
that power, laws and regulations are enacted and/or modified by
and for the temporal governance of the Church by its legislative
bodies. By enacting such laws, the Church binds all its members
to a common body of normative regulations by which the temporal
affairs of the Church are ordered and organized.
Canon I-4.1 The
Law of the Church and this Constitution
a) This Constitution comprises the national temporal Law of the
Church. As such it is the normative temporal law and standard
regulatory document for The Diocese of California American Catholic Church. All local, regional, and Diocesan regulations and
all documents of civil incorporation or trust are subordinate
to, and must conform to, the provisions of this Constitution.
b) Whenever there is a conflict between local or Diocesan
regulations and any provision of this Constitution for any
reason, the provisions of this Constitution prevail.
c) In situations not covered by this Constitution or other
legislation, national or Diocesan or local, enacted according to
the norms established herein, the competent Church authority
having jurisdiction may act for their area of responsibility in
their sole discretion.
d) Only the bodies established by this Constitution as
legislatures for the Church may make or impose policy or define
official positions for the Church.
e) Only the College of Bishops may make public statements which
represent official positions of the Church.
Canon I-4.2
Governing Bodies of the Church
a) The General
Conference and the College of Bishops govern and legislate for
the Church nationally and in inter-diocesan matters.
b) The Diocesan
Bishop governs, legislates, and adjudicates in all
intra-diocesan matters.
c) The College
of Bishops, adjudicates all matters pertaining to those in the
Order of Bishop.
d) The General Conference hears and adjudicates appeals of
judicial and disciplinary actions.
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Chapter 5
Changing This Constitution
Canon I-5:
Amending or Changing this Constitution
a)
This Constitution may be changed, amended, or replaced upon
majority vote of the General Conference.
b) Except as set forth herein, the content and/or format of the
Statement of Belief, made a part of this Constitution by
reference, may be altered or amended only by the College of
Bishops.
c)
Notwithstanding the foregoing, neither the Church nor any of its
governing body may alter, change, or revise the content of the
creedal statements known as the Nicene Creed, the Apostles’
Creed and/or the Athanasian Creed.
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Chapter 6
Relations With Other Churches
Canon I-6.1
Relations With Other Churches
The Diocese of California American Catholic Church desires to
fulfill its mission and purpose, as herein defines in peaceful
charity toward all communities of worship as Christ has taught
us (cf John 13:34-35, Mark 9:40). Such extension of fraternal
charity does not imply that formal intercommunion relationships
exist between The Diocese of California American Catholic Church
and any other ecclesiastical body whatsoever.
Canon I-6.2
Establishing Formal Inter-Communion Relationships with other
Churches
a) It pertains solely to the College of Bishops, acting
collegially , to establish formal Intercommunion relationships
between The Diocese of California American Catholic Church and
other ecclesial bodies in its sole discretion.
b) Formal Inter-Communion relationships between The Diocese of California American Catholic Church and any other Church may
be established by the College of Bishops only when, in the
opinion of the said College, the beliefs of the other body are
in accord with those of The Diocese of California American Catholic Church
c) Nothing in
this Chapter shall be construed as encumbering the Diocesan
Bishop from entering into informal relationships with other
communities that foster the purpose and mission set forth above
in Canon 1-6.1.
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ARTICLE II THE
BELIEFS AND PRINCIPLES OF THE CHURCH
Chapter 1-
Belief of The Diocese of California American Catholic Church
Canon
II-1 Statement of Belief.
a) The College of Bishops, acting in their capacity as
successors of the Apostles and teachers of the Holy Faith, shall
produce, and maintain a Statement of Beliefs for the Church.
Notwithstanding the foregoing, neither the Church nor any of its
governing body may alter, change, or revise the content of the
creedal statements known as the Nicene Creed, the Apostles’
Creed and/or the Athanasian Creed..
b) The Diocese of California American Catholic Church believes
in the Revelation of Jesus the Christ, as found in the Holy
Scriptures, and in the Sacred Traditions, and Holy Sacraments of
the One, Holy, Catholic and Apostolic Church. The Diocese of California American Catholic Church accepts as normative
statements of faith the creedal prayers known as the Athanasian,
Apostles, and Nicene Creeds. The Church further accepts as
normative with regard only to statements of the Christian faith
the decrees of the seven Ecumenical Councils of the Undivided
Church (Nicea I through Nicea II). The Diocese of California American Catholic Church also accepts the teachings of the Second
Vatican Council when these teachings are consonant with
Statement of Principles and Beliefs of the Diocese of California American Catholic Church. We refuse to accept the decrees of
the Council of Trent in matters of discipline, and as for the
dogmatic decisions of that Council we accept them only so far as
they are in harmony with the teaching of the primitive Church
c) In the charity which binds the Mystical body of Christ into a
Royal Priesthood of all believers, the General Conference shall
be consulted in regard to the content and format of the
Statement of Belief. Embracing with affection and with regard to
the voice of the Holy Spirit which may be speaking through the
People of God represented in the General Conference, the College
of Bishops shall give full consideration to any counsel which
the General Conference may offer in this area, however, the
College is not bound to that counsel.
d) The
Diocese of California American Catholic Church adheres to the
principal “ in essentials unity, in non-essentials diversity,
and in all things charity.”
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Chapter 2
Principles of The Diocese of California American Catholic Church.
Canon
II-2 Statement of Principles
a)
The General Conference, in its sole discretion, may produce,
publish, and maintain a Statement of Principles which may
explain the reasons for The Diocese of California American Catholic Church’s existence as an independent Church, its history,
and its position on matters which are not fundamental elements
of the Faith. Such Statement may not mitigate, nullify, or
change any element of the Statement of Beliefs, nor shall it in
any way contradict the Teachings of Christ, the Sacred
Scriptures nor the Traditions of the Church.
b) Such Statement, when published is made a part of this
Constitution by reference.
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ARTICLE III THE
LITURGY AND SACRAMENTS
Chapter 1 General Regulations on the Liturgy and the Sacraments
Canon
III-l Regulation of the Liturgy and the Sacraments
a) The Liturgy is the act of corporate prayer of the Church,
Liturgical actions are, therefore, public in their nature even
when celebrated without the presence of persons other than the
minister.
b) Whenever feasible the presence and active participation of
the People of God in the celebration of the Liturgies and Rites
of the Church is directed.
c) In addition to those Liturgies and Rites authorized herein
and as set forth below, it pertains solely to the College of
Bishops to define, approve, and promulgate Liturgies and Rites
for the Celebration of the Most Holy Eucharist and the
Sacraments throughout the Church and to the Diocesan Bishop to
do so for his of her Diocese.
d) The Use
of Gender Inclusive Language:
(i)
The prayer of the Church is always the prayer of the assembled
community and it is not sufficient that a formula handed down
from some other time or region should be translated verbatim,
even if accurately, for liturgical use. The formula must become
the genuine prayer of the congregation, and in it each of its
members should be able to find and express herself or himself.
(ii)
The only language we have for speaking about God is language
based on our human experience in which persons are either male
or female. But the natural tendency to attribute gender - and
other human qualities - to God is derived from the limitations
of human understanding and cultural circumstances. Everything we
mean by male and female derives from God in whose image we are
made. Given this understanding, it is acceptable, and also
consistent with the scriptures, to use both male and female
imagery for depicting God's dispositions towards ourselves. The
words we use to name the three persons of the Holy Trinity are
related to the original revelation that God is three distinct
persons. The distinction itself is revealed not in the language
of gender, but in the language of sending: the one who sends is
necessarily distinct from the one who is sent. Jesus speaks of
being sent by his Father, and speaks of the Holy Spirit being
sent by himself and the Father. The terms “Father, Son and Holy
Spirit” are not intended to attribute gender to God; they are
the terms Jesus used when speaking of the different divine
persons. Nevertheless, it is not inconsistent with scripture nor
in Jesus’ teaching to speak about God as he did with both the
ease with which he called God his father, and the ease with
which he used female imagery for illustrating God's dispositions
towards us. Women mystics especially, have kept alive the
Church's tradition of using female imagery for God. This
language flows from deep respect for one another, and which
enables us to include all. In this endeavor, the Church requires
the use of Gender Inclusive language wherever appropriate and
which is consistent with the parameters set forth herein.
Canon
III-l.1 Additional regulation of the Sacraments by the Diocesan
Bishop
Diocesan Bishops may impose additional regulations to those of
this Constitution concerning the celebration of the Sacraments
or the Holy Eucharist within their Diocese in their sole
discretion. They may do so by limitation to faculties, or by
Diocesan law or regulation. Such additional regulations may not
mitigate or lessen the regulation herein stated except as may
have been expressly authorized herein.
Canon
III-1.2 Faculties for the Celebration of the Holy Eucharist and
/or the Sacraments
a)
The rite to celebrate the Liturgy of the Holy Eucharist and/or
the Sacraments in circumstances which are not emergencies is
granted by faculty within their Diocesan Bishop having
jurisdiction over the place of celebration. Under ordinary
circumstances, only those who have been granted faculties by
right of office or by the Diocesan Bishop of a place may
publicly celebrate any Sacrament.
b) By virtue of their office, Diocesan Bishops have faculties
for the celebration of any Sacrament within their own Dioceses.
c) Presbyters and Deacons require grant of faculty from the
Diocesan Bishop having jurisdiction over the place of
celebration of any Sacrament in all cases except emergencies as
defined herein.
d) In an emergency where there is imminent danger of death and
in the absence of a minister of a Sacrament possessing
faculties: any Priest, Deacon, or Bishop may minister the
Sacrament of Anointing of the Sick, and/or Viaticum/Holy
Communion: and any Priest or Bishop may minister the Sacraments
of Reconciliation; for the pastoral good of the person receiving
Sacrament regardless of debarment by operation of law, juridical
decree, or lack of faculty.
e) Diocesan Bishops may grant faculties to a Priest to minister
the Sacrament of Confirmation in general circumstances for
sufficient reason.
f) Faculties may be granted to a Priest for the investiture of
candidates into minor orders, and in other areas not prohibited
by law or custom, in the Diocesan Bishop's sole discretion.
g) Deacons may be granted faculties to administer Holy Eucharist
to the Sick and Anointing of the Sick without the Sacrament of
Reconciliation Only a Priest who has been given faculties may
administer the Sacrament of Anointing of the Sick with
absolution of sin as a function of the Sacrament. .
h) The
Sacraments of Baptism, Confirmation, and Holy Orders cannot be
repeated since they impart a character on the human soul. If,
after diligent investigation, a prudent doubt still remains
whether these Sacraments have been validly conferred, they are
to be conferred conditionally (sub conditione).
i) The
primary sacrament of reconciliation is the Eucharist. The
Diocesan Bishop in charge bearing mind the needs of the
community she/he serves shall establish the appropriate ages for
receipt of the Sacraments of Initiation (Baptism, Holy
Eucharist, and Confirmation) in such a fashion as to make the
unity of the Rite more clearly understood.
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Chapter 2 The
Liturgy of the Holy Eucharist
Canon
III-2 The Liturgy of the Holy Eucharist
a) The Liturgy of the Holy Eucharist is the prayer of the Church
by which the Lord Jesus the Christ is made wholly, really, and
substantially present body, blood, soul and divinity, among His
people under the form of bread and wine. The right and power to
confect the Eucharist is imparted to those in the Holy Orders of
Presbyter and Bishop by virtue of their ordination. The
authority to publicly celebrate the Eucharistic Liturgy is
granted by right of office to the Diocesan Bishop and by grant
of faculty to all other Clergy from the Diocesan Bishop having
jurisdiction over the place of celebration.
b) Those in the Holy Orders of Presbyter and Bishop shall
celebrate the Holy Eucharist, even if privately, at least once
each week on Sunday unless prevented from so doing by good cause
or operation of law.
c) Only those in the Holy Orders of Presbyter or Bishop may
celebrate the Holy Eucharist.
Canon
III-2.1 The Official Rite for the Celebration of the Liturgy of
the Holy Eucharist in The Diocese of California American Catholic Church
a) The Official Rite for the Celebration of the Holy
Eucharist by Clergy of The Diocese of California American Catholic Church shall be the Rite/s promulgated by the College of
Bishops in the vernacular of the community in whose presence the
Liturgy is celebrated. This Rite/s maybe used at any celebration
of the Holy Eucharist anywhere and at any time in The Diocese of California American Catholic Church.
b) The College of Bishops shall publish and maintain official
translations of the Official Rite/s of The Diocese of California American Catholic Church so as to promote its uniform
celebration. Official Rite/s used by the Clergy of the Diocese of California American Catholic Church as published by others,
may be used freely, i.e. The Roman Sacramentary.
c) The use of local adaptations to the Official Rite/s of The
Diocese of California American Catholic Church are permitted
with the approval of the Diocesan Bishop.
Canon
III-2.2 Additional Rites for the Liturgy of the Holy Eucharist
and the Sacraments in The Diocese of California American Catholic Church.
a) The College of Bishops may authorize the use of rites other
than the Official Rite/s of the Diocese of California American Catholic Church and those listed in this Canon for the public
celebration of the Holy Eucharist for the whole Church in its
sole discretion. Rites so authorized may be used when permitted
by the Diocesan Bishop.
b) The Diocesan Bishop may authorize the use of rites other than
the Official Rite of The Diocese of California American Catholic Church and those listed in this Canon for the public
celebration of the Holy Eucharist within their Diocese in their
sole discretion.
c) The use of the Roman Rite (including the NOVUS ORDO), and the
Anglican/Episcopal, Orthodox, and/or Old Catholic Rites are
specifically authorized at any public or private celebration of
the Eucharistic Liturgy with authorization of the Diocesan
Bishop.
Canon
III-2.3 Lectionary
The
Lectionary is a book containing the readings from Sacred
Scripture employed in the celebration of the Holy Eucharist. The
College of Bishops shall produce or adopt a Lectionary for the
Official Rites of The Diocese of California American Catholic Church. Use of Lectionaries for other approved Rites is
permitted with approval of the Diocesan Bishop.
Canon
III-2.4 Sacramentary
a)
The Sacramentary is a book containing the portions of the
prayers of the Holy Eucharist which are reserved for the
celebrant. This book, also known as an Altar Missal, shall be
attractive and seemly in appearance.
b) When authorized to employ one of the additionally approved
Rites, the celebrant shall employ the Sacramentary appropriate
for that Rite.
Canon
III-2.5 Calendar
a) Each Diocese may publish or adopt an official calendar (also
known as an ORDO). The ORDO shall specify the Proper to be
celebrated on each day of the year and shall include the color
of vestments for each celebration.
b) Publication or adoption of an ORDO shall be made available to
all Clergy within that Diocese not later than one month prior to
the First Sunday of Advent of each year. If no official
publication or adoption of an ORDO is made, the Clergy may
select either the Roman, Anglican/Episcopal or Orthodox ORDO for
the region nearest them.
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Chapter 3 The
Holy Sacraments
Canon
III-3 The Sacraments of the Church
In God's infinite goodness, the Lord Jesus the Christ left His
People signs of His continuing Presence and action in the Church
and the world. These signs, called Sacraments, are the means by
which the Church ministers most effectively to the People of God
by tapping the wellspring of Grace which Christ's Incarnation,
Death, and Resurrection have won for His Church. The Diocese of California American Catholic Church identifies these Seven
Sacraments as Baptism, Confirmation, Holy Eucharist (Holy
Communion), Reconciliation (Penance or Confession), Matrimony,
Anointing of the Sick (Extreme Unction), and Holy Orders.
In Baptism we die with Christ and Rise again in Him as a renewed
People of God. In Confirmation we receive the strength and gifts
of the Holy Spirit. In the Holy Eucharist Christ nourishes our
spirits with His own Body and Blood. In Reconciliation our sins
are forgiven. In Matrimony two individuals are joined together
for their mutual love and strength, the support of families, and
the building of the Kingdom of God on earth. In Holy Orders
servants are called forth from the community to minister to
God's people. In the Anointing of the Sick those who are ill or
injured or dying are strengthened and supported by their Lord
and His people.
Canon
III-3.1 Celebration of the Sacraments
a) The College of Bishops shall define, approve, and promulgate
the official Rites and Liturgies for the celebration of the
Sacraments of Baptism, Confirmation, Holy Matrimony, Holy
Orders, Reconciliation, and Anointing of the Sick for The
Diocese of California American Catholic Church.
b) Use of the rites of the Roman, Orthodox and
Anglican/Episcopal communities for the Sacraments is expressly
authorized within The Diocese of California American Catholic Church except that the Sacrament of Holy Orders may be
celebrated only with the Roman or Orthodox Rite, as approved by
the College of Bishops.
c) The College of Bishops may authorize the use of additional
rites for the entire Church in its sole discretion.
d) The Diocesan Bishop may authorize the use of additional rites
within their Diocese in their own discretion.
Canon
III-3.2 General Regulations on the Celebration of the Sacraments
a) Except for the Sacrament of Holy Orders, reception of the
Sacraments from The Diocese of California American Catholic Church is available to anyone who requests it and is
properly inclined, subject to the regulations imposed by this
Constitution together with such additional regulations as may be
imposed by the Diocesan Bishop.
b) The Sacraments of Baptism, Confirmation, and Orders, when
validly received may not be repeated as they impart a permanent
Charism. If there is reasonable doubt as to the validity of the
Sacrament, the Rite may be conditionally repeated to assure
validity. Utmost discretion is to be employed in the use to
avoid the creation of an erroneous impression as to their
permanent character.
c) Divorce and remarriage shall not be grounds for refusal of
the Sacraments of the Church, especially the Holy Eucharist, to
any person. However, the specific requirements of this
Constitution for each Sacrament shall be met in all cases.
d) Except in emergencies or when dispensed by the Diocesan
Bishop, ministers shall wear vestments appropriate to their
Order during the celebration of each Sacrament according to the
norms and rubrics of the rite employed.
Canon
III-3.2.1 Regulation of the Sacrament of Baptism
a)
Baptism is the Sacrament by which one is admitted into the
People of God, the Mystical Body of Christ: and into the
Fellowship with the Church. It is the path by which all sin,
Original and Actual, is remitted and our Original Blessing in
that we are made in the image and likeness of God and are God’s
children through Christ is affirmed.
b) The Ordinary Minister of the Sacrament of Baptism is a
Bishop, Presbyter, or Deacon. However, in an emergency where
there is a danger of death, any person may baptize.
c) Each adult candidate for Baptism shall evidence to the Pastor
an understanding and acceptance of the Statement of Beliefs of
The Diocese of California American Catholic Church appropriate
for their level of education, and maturity.
d) In infant/child Baptisms the Sponsors and/or parents of the
child shall profess and accept the Beliefs of the Church in the
name of the child. If the child has reach an age of reason as
determined by the Pastor, the child shall evidence to the Pastor
an understanding and acceptance of the Statement of Beliefs of
The Diocese of California American Catholic Church appropriate
for their age, level of education, and maturity
e) Except in emergencies, Baptism is to be administered using
Rites approved by the College of Bishops or the Diocesan Bishop.
f) The Trinitarian formula "I baptize you in the Name of the
Father, and of the Son, and of the Holy Spirit" while immersing
the one baptized in water or pouring water on their head, shall
be used.
g) Except in emergencies or other exceptional circumstances, the
water used in Baptism is to be blessed in accordance with
prescribed Rites.
h) Except in emergencies or other exceptional circumstances,
Baptism shall take place within the Parish Church. Generally,
the Sacrament shall take place during a celebration of the
Liturgy of the Holy Eucharist, preferably on Sunday especially
at the Easter Vigil, unless prevented for good cause.
I) Unless a serious reason prevents it, an adult who receives
Baptism should be immediately confirmed and receive First
Eucharist on the same day. Children who have attained the age of
reason but are not yet old enough for Confirmation, should
receive First Eucharist on the same day.
j) In the case of Baptism of a child under 18 years of age, the
consent of at least one parent or guardian is required.
k) For purpose of this Canon, infants include all persons born
alive from birth to the age of reason.
i) Except in emergencies each person to be Baptized shall have
at least one sponsor who must be a Baptized Christian who has
been baptized with a Trinitarian formula and water similar to
that set forth above.
m) Each
Parish shall keep a permanent record of each Baptism which it
performs. Canon III-3.2.2 Regulation of the Sacrament of
Confirmation
a) The Sacrament of Confirmation is the path by which the
Christian Initiation of the faithful is completed, granting to
the recipient the Seal and Gifts of the Holy Spirit.
b) The Ordinary Minister of the Sacrament of Confirmation is a
Bishop. The Diocesan Bishop may grant faculties for Confirmation
to Presbyters for pastoral reasons.
c) The ordinary minimum age for the Sacrament of Confirmation
shall be established by each Diocesan Bishop the Diocesan
Bishop, in consultation with the Pastor may waive this
requirement.
d) Unless a waiver is obtained, each candidate for Confirmation
shall evidence to the Pastor an understanding of the Statement
of Beliefs of the Diocese of California American Catholic Church
appropriate for their age, level of education, and maturity.
e) Chrism used in the Sacrament must be blessed by the Bishop
even if the Rite is celebrated by a Presbyter.
f) Each candidate for Confirmation shall be accompanied by a
sponsor(s) who must be Baptized Christian(s) who also has been
raised in the catholic tradition and who will continue to
sponsor the candidate in the catholic faith.
g) Adults and those who have reached the prescribed age, who
receive the Sacrament of Baptism should, usually be Confirmed on
the same day.
h) Each Parish shall keep a permanent record of each
Confirmation which is performed by The Diocese of California American Catholic Church in its name.
I) Confirmations shall occur during the celebration of the Holy
Eucharist unless prevented for good cause.
Canon
III-3.2.3 Regulation of the Sacrament of Reconciliation
a) Only persons in the Holy Order of Bishop or Presbyter with
proper faculty may minister the Sacrament of Reconciliation. In
the case of emergencies where there is danger of death, any
Priest or Bishop may grant absolution regardless of faculty or
debarment by operation of law or juridical decree for the
pastoral good of the penitent.
b) The Sacrament of Reconciliation always includes a confession
of sin. Such confession may be made publicly or privately and
may be general or particular. Public confession is always
general in nature and is usually celebrated in conjunction with
a liturgical rite (e.g. the Penitential Rite during the Liturgy
of the Holy Eucharist or a special Penitential Service). Private
confession may be general, covering ones entire life or a
portion thereof, or it may be particular. Particular confession
covers specific sinful acts which are told expressly to the
Priest or Bishop.
c) In all cases the Bishop or Priest, when acting as a minister
of the Sacrament of Reconciliation, act in the place of Christ
and not as individuals. Therefore, all matters discussed within
the Sacrament of Reconciliation are absolutely and without
exception confidential and sealed. No person receiving any
information whatsoever during the Sacrament of Reconciliation
whether as penitent or minister, may ever reveal such
information to any other person whatsoever. Neither the penitent
nor the minister may waive this seal.
d) Violation of this Seal of Confession by any member of the
Clergy of The Diocese of California American Catholic Church
shall constitute a grave breach of canonical obedience. Upon
conviction of this violation, the mandatory penalty shall be
release from the Clergy of The Diocese of California American Catholic Church. No person expelled for this reason may ever again
be admitted to the Clergy of The Diocese of California American Catholic Church.
e) The Sacrament of Reconciliation commences with the request of
the penitent for the Sacrament, either expressed or implied, and
continues until the dismissal of the penitent by the minister.
f) Private matters elicited in ordinary counseling which is not
Sacramental are to be held confidential to the extent that the
civil law requires and enjoins. Clergy are cautioned that they
may be required to report certain matters to appropriate civil
law enforcement authorities if such matters come to their
attention outside the Sacrament of Reconciliation.
g) In circumstances which may be unclear as to whether they fall
under the area of ordinary counseling or the Sacrament of
Reconciliation the determining factor shall be whether
Sacramental Absolution, regardless of formula, was granted. If
Sacramental Absolution was granted at any point by the minister,
the entire conversation shall be deemed to be within the
Sacrament of Reconciliation.
h) Any formula of absolution which includes the expression of
the intent of the minister to absolve the sins of the penitent,
whether in active or passive voice, is acceptable and
efficacious for the Sacrament. It is recommended that the
formulas employed in a recognized rite be used.
I) No minister of this Sacrament may absolve any penitent with
whom he/she shares culpability in the offense to be absolved.
j) Unless General Absolution is prohibited in a Dioceses by the
Diocesan Bishop, any minister of the Sacrament of Reconciliation
may grant absolution to any group in their presence at any time
in their sole discretion. General Absolution may especially be
granted as part of the Penitential Rite of the Liturgy of the
Holy Eucharist.
k) Private auricular confession of sin is not required, but is
permitted.
i) Absolution is to be granted to any Baptized Christian who
expresses remorse for his/her sins and requests absolution.
m) The decision to impose a penance on a penitent during private
auricular confession is at the discretion of the confessor.
Canon
III-3.2.4 Regulation of the Holy Eucharist
a)
In all cases, the Sacred Body and Blood of the Lord Jesus the
Christ, present in the Holy Eucharist, shall be treated with the
utmost reverence.
b) Each parish wishing to reserve the Holy Eucharist shall do so
as prescribed herein,
c) Rites for the celebration of the Holy Eucharist are
authorized by this Constitution, by the College of Bishops, and
by the Diocesan Bishop.
d) Only those in the Holy Order of Presbyter or Bishop may
celebrate the Holy Eucharist.
e) The Ordinary minister of Holy Communion is a Deacon,
Presbyter, Bishop. Extraordinary Ministers of Holy Communion are
permitted in the discretion of the Pastor with the concurrence
of the Diocesan Bishop.
f) Bread for the Eucharist must be made of wheat and not
corrupt. The use of gluten-free hosts is permitted with the
authorization of the Diocesan Bishop when health reason require
its use. When gluten-free hosts are so authorized, the host is
to be dipped in the cup containing the Sacred Blood of our Lord
prior to reception. Wine must be made from the juice of grapes
only and not corrupt. The use of non-alcoholic wine is permitted
in the discretion of the Diocesan Bishop.
g) The celebration of the Holy Eucharist is to done in a sacred
place unless circumstances prevent this. In all cases the
Eucharist shall be celebrated in a respectable place.
Canon
III-3.2.4.1 Regulation on the Reception of the Holy Eucharist
a) Any properly disposed Baptized Christian who approaches the
table of the Lord reverently shall be permitted to receive the
Lord in the Holy Eucharist.
b) Unless the recipient is demonstrating irreverence or
otherwise manifests improper disposition in such a manner as to
be beyond doubt, those distributing the Holy Eucharist will
presume those approaching this Holy Sacrament to be eligible to
receive it. If doubt exists as to the motives or state of the
recipient, the presumption shall be that they are eligible to
receive the Sacrament if they approach it reverently.
c) The Sacred Body of Christ may be received on the tongue or in
the hand of the recipient. If received in the hand, the Body of
Christ shall be consumed immediately, within a few feet from the
spot on which it was received.
d) Holy Communion is to ordinarily be given under both the form
of bread and wine , unless there are extraordinary
circumstances which prevent it. In such a case, at a minimum
the form of bread must be used. . Except in extraordinary
circumstances for persons who cannot swallow solids, Holy
Communion may not be given wine only.
d) Holy Communion under both forms may be done by intinction or
by receiving first the Body of Christ and then by drinking the
Blood of Christ from the cup.
Canon
III-3.2.4.2 Regulation on the Storage and Transport of the Holy
Eucharist
a)
In all places where the Holy Eucharist is stored it shall be
kept in a vessel of appropriate dignity in a locked or secured
place and in a container of sturdy material. Access to this
container shall be restricted to those authorized by this
Constitution to be ministers of the Holy Eucharist, either
Ordinary or Extraordinary.
b) The Holy Eucharist shall be transported from place to place
only when necessary for the pastoral good of the People of God.
When in transit, the Holy Eucharist shall kept in a secure
location on the person of an authorized minister as defined by
this Constitution. The vessel containing the Holy Eucharist
shall be appropriate dignity and reserved for this use.
c) In all places where the Most Holy Eucharist is reserved in a
church facility, a special lamp shall be kept continuously
burning as a sign of the Presence of Christ. The use of electric
lights for this purpose is permitted in the discretion of the
Pastor or Priest in charge of each location.
Canon
III-3.2.4.3 Regulation on the Worship of the Holy Eucharist
Outside Mass
It is desirable and permitted for the Holy Eucharist to be
periodically exposed for the worship and praise of the People of
God. Whenever such adoration takes place the Pastor shall see
that the Blessed Sacrament is exposed in a vessel of appropriate
dignity, is never left unattended, that the environment is
appropriate, and that the Holy Sacrament is secure from theft or
profanation.
Canon
III-3.2.4.4 Extraordinary Minister of the Holy Eucharist
Worthy Lay and Religious Members of The Diocese of California American Catholic Church may be selected for the function of
distributing the Holy Eucharist to the People of God, especially
the sick, the elderly, and those prevented from attending Mass.
Such ministers shall be appointed without regard to their race,
age, gender or orientation .
Canon
III-3.2.4.4.1 Training of Extraordinary Ministers of the Holy
Eucharist
The
Pastor or Priest-in-charge shall see to the correct training of
the persons selected for the Sacred task as Extraordinary
Ministers of the Holy Eucharist, imparting to them the highest
possible respect and reverence for this ministry and instructing
them in their duties and in the limitations of their office.
Canon
III-3.2.4.5 Regulation of First Eucharist
a)
The ordinary age of First Reception of the Holy Eucharist shall
be determined by the Pastor upon determining if the candidate
has obtained sufficient maturity and use of reason to
understand what is transpiring and the solemnity and importance
of the act.
b) Each candidate for First Eucharist shall evidence to the
Pastor an understanding of the nature of the Sacrament and the
Statement of Beliefs appropriate for their age, education, and
maturity.
Canon
III-3.2.4.6 Holy Communion of the Sick and Dying
a) In general, Holy Communion of the Sick and Viaticum (i.e.
Holy Communion of the Dying) shall be given only in the form of
the Sacred Body of Christ. However, if the patient is unable to
swallow solids but can swallow liquids, the Precious Blood of
Christ may be used.
b) Holy Communion shall not be given to the unconscious.
c) Holy Communion is to be given only by mouth. The use of an
eye dropper for administration of Holy Communion under the form
of wine is permitted, when necessary, provided that it can be
properly purified after use.
Canon
III-3.2.5 Regulation of the Sacrament of Matrimony
a)
Only Clergy in the Holy Order of Deacon, Presbyter, or Bishop
with valid faculties may officiate at the Sacrament of Matrimony
in the Church. Deacons may officiate at the Sacrament of
Matrimony only when permitted by civil law. Where required by
civil law, each person intending to officiate at the Sacrament
of Matrimony shall obtain whatever licensing or certification
the civil authority may require of marriage officiants prior to
officiating at any marriage.
b) Persons seeking to be married must have attained legal age as
defined for the civil jurisdiction in which the Sacrament will
be celebrated. Where no minimum age is defined in civil law the
minimum age for marriage shall be 18 years.
c) Only
those persons who have never been married, are widowed, or who
possess a civil divorce or annulment of a prior marriage, and
who conform to the requirements of this Constitution and any
regulations and requirements imposed by the Diocesan Bishop
having jurisdiction in the place of celebration of the Sacrament
may receive the Sacrament of Matrimony from the Church.
d) Wherever required by civil law, those seeking Matrimony shall
present a license, valid for the place in which the marriage
will be celebrated, from the civil authority having jurisdiction
prior to the celebration of the Sacrament.
e) Clergy may witness and bless Holy Union commitments or
officiate at the Sacrament of Matrimony between partners of the
same gender.
f) Simultaneous Marriage and Holy Unions to more than one
partner is prohibited.
g) Any authorized officiant of the Sacrament of Matrimony for
the Church may decline to officiate at the Sacrament in
individual circumstances in their discretion without stating a
reason.
h) Each Marriage or Holy Union celebrated by the Clergy of The
Diocese of California American Catholic Church shall be recorded
in the Parish Register of the Parish to which the Clergy is
assigned or for those Clergy members without a parish
assignment, the Marriage or Holy Union shall be recorded in the
Diocesan Register of the Diocesan Bishop to which the Clergy
member is assigned. If an ecclesiastical divorce has been
granted to the parties to the Marriage or Holy Union, that fact
shall also be recorded together with the date granted and the
name of the person granting it.
Canon
III-3.2.5.1 Ecclesiastical Divorce
a) An ecclesiastical divorce is a solemn juridical declaration
by the Diocesan Bishop, or their designated representative, that
a prior marriage, which has already been terminated by civil
proceedings, has been terminated insofar as the Church is
concerned and that the parties thereto are free to receive the
Sacrament of Matrimony.
b) It pertains solely to the Diocesan Bishop to mandate whether
or not formal ecclesiastical divorce will be required within and
for their Diocese. If the Diocesan Bishop does not mandate
formal ecclesiastical divorce for their Diocese, it shall not be
necessary for any person to obtain such divorce in order to
receive the Sacrament of Matrimony within that Diocese.
c) When ecclesiastical divorce is mandated by the Diocesan
Bishop, persons who have received a civil divorce or annulment
must obtain an ecclesiastical divorce from the Diocesan Bishop,
or their authorized representative for each prior marriage where
there is a living former spouse.
d) Diocesan Bishops have faculties by virtue of their office, to
grant ecclesiastical divorce. A Diocesan Bishop may, for
pastoral reasons, extend the faculty to grant ecclesiastical
divorce to Pastors in their sole discretion.
e) Each Diocesan Bishop mandating ecclesiastical divorce for
their Diocese shall establish procedures to determine the
presence of grounds, as defined in this Canon, for
ecclesiastical divorce. However, such procedures may not include
formal trials or tribunals nor shall excessive burdens of
evidence be placed on those seeking a divorce. Rather,
statements and assertions of fact, whether oral or written,
shall be accepted as accurate and not subject to further
corroboration.
f) No fee or stipend shall be exacted for the granting of an
ecclesiastical divorce.
g) When ecclesiastical divorce is mandated by the Diocesan
Bishop for their Diocese, the only valid grounds under which
such divorce may be granted shall be martial infidelity as
defined for The Diocese of California American Catholic Church
by this Canon.
h) Marital infidelity shall be defined in The Diocese of California American Catholic Church as actual adultery (i.e. sexual
relations of any kind, heterosexual or homosexual, outside the
marital relationship) and shall, furthermore, include infidelity
to the Sacramental character of Matrimony.
I) Infidelity to the Sacramental character of Matrimony shall be
defined as spousal or child, mental, emotional, sexual, or
physical abuse; criminal conduct, persistent active addiction,
willful failure, refusal, or inability to fulfill the
obligations of marriage; or willful abandonment of the marriage.
j) Willful abandonment of the marriage shall be defined as
willful departure or withdrawal from the marriage by either
spouse; financially, physically, sexually, or emotionally.
k) In circumstances where ecclesiastical divorce is mandated by
the Diocesan Bishop and valid grounds as defined in this Canon
are present, the divorce shall be granted to those requesting it
without regard to guilt or innocence of the alleged infidelity
by the requesting party. Ecclesiastical divorce may occur
simultaneously with civil divorce or annulment.
1) Once granted, an ecclesiastical divorce is interlocutory and
applicable to both parties simultaneously.
m) An ecclesiastical divorce may not be granted prior to or in
the absence of a civil divorce or annulment, nor is an
ecclesiastical divorce a replacement or substitute for civil
divorce or annulment. Ecclesiastical divorce may occur
simultaneously with divorce or annulment.
n) All information ascertained in the process of an
ecclesiastical divorce shall be held in absolute confidence.
Canon
III-3.2.6 Regulation of the Sacrament of the Sick
a) The Ordinary Minister of the Sacrament of Anointing the Sick
is a Bishop or a Presbyter. However, the Diocesan Bishop may
grant faculties to Deacons to celebrate this Sacrament within
certain restrictions as set forth herein. Extraordinary
Ministers of the Holy Eucharist may not be granted faculty for
this Sacrament but are encouraged to participate in community
with the Sick and the Minister of the Sacrament.
b) The Sacrament of Anointing the Sick is for the living only.
Those who have died may not receive the Sacraments. As actual
death and clinical death may not be synonymous in all cases, it
is left to the pastoral judgment of the Ministers of this
Sacrament to determine whether death has occurred in individual
cases.
c) A sick person may receive the Sacrament of Anointing of the
Sick as often as it seems pastorally wise to do so, but not more
than once per day.
Canon
III-3.2.7 Regulation of the Sacrament of Holy Orders
Inasmuch as the ACC recognizes that all of the Sacraments of the
Church have come to us historically through the Roman Catholic
and Eastern Orthodox Churches, and in light of the fact that
neither of these churches permit female ordinations, and
furthermore, understanding that the ACC is considered a sister
church to these other Catholic Churches, and wishing to maintain
Apostolic Succession as viewed by our sister churches, The ACC
establishes that no ordination shall take place without the
presence of a Bishop who is in full apostolic succession as
recognized by the Roman and Eastern Churches, and that this
Bishop shall be designated as the Principal Consecrator.
a) Both males and females shall be eligible to receive the
Sacrament of Holy Orders in The Diocese of California American Catholic Church.
b) Only persons in the Holy Order of Bishop may ordain.
c) It pertains solely to the Diocesan Bishop to select and
mandate the Ordination of Candidates to the Holy Order of Deacon
and Presbyter for their own diocese after the Candidates have
followed the prescribed formation process as established by the
Vicar of Vocations and Formation and approved by the Executive
Committee. It pertains to the Diocesan Bishop, the College of
Bishops and to the People of God to select candidates for
election to the Holy Order of Bishop under procedures herein
described. Once elected it pertains to the Diocesan Bishop of
the Bishop-elect to mandate the ordination of the Bishop-elect
to the Order of Bishop.
d) By virtue if their office, Diocesan Bishops have faculties
for the Sacrament of Holy Orders for the ordination of Presbyter
and Deacon.
c) By virtue of their office all members of the College of
Bishops have faculties for the Sacrament of Holy Orders for
Ordination of Bishops. However, no person shall be ordained a
Bishop in The Diocese of California American Catholic Church
unless there exists a duly executed mandate for such ordination
by the Diocesan Bishop or the Bishop-elect by the Presiding
Bishop.
d) Each Diocese shall maintain a register of all persons
receiving the Sacrament of Holy Orders for The Diocese of California American Catholic Church within their boundaries.
e) Ordination to Holy Orders in The Diocese of California American Catholic Church shall be solely by Rites approved for use
in the Church by the College of Bishops in order to assure
absolute validity in Apostolic Succession. The Rites of The
Roman and Orthodox communions may be used at any time in The
Diocese of California American Catholic Church except that for
the Sacrament of Holy Orders, only Roman Rites shall be used.
f) Except when prevented by extraordinary circumstances the
Consecration of a Bishop in The Diocese of California American Catholic Church shall be accomplished by not less than 3 Bishops:
A Principal Consecrator and 2 Co-consecrators and such
Principal Consecrator and 2 Co-consecrators must be Bishops of
The American Catholic Church. As stated previously and while it
is unfortunate to have to state herein, until such time that the
Roman and Orthodox Catholic Churches formally ordain women, the
Principal Consecrator shall always be a male in order to
maintain valid Apostolic Succession and ties with these
churches. Notwithstanding the foregoing, nothing shall prevent
the Co-consecrators from being female. In extraordinary
circumstances when authorized by the College of Bishops, the
Co-consecrating Bishops may be Bishops of another communion
having valid Apostolic Succession. The participation of
additional Consecrating Bishops from The Diocese of California American Catholic Church and bishops of other churches
holding valid Apostolic Succession is encouraged.
g) Bishops shall be consecrated and/ or installed in office
within 180 days of their election unless the College of Bishops
shall extend that deadline.
h) Each candidate for Ordination to the Diaconate of The
Diocese of California American Catholic Church shall have
previously received the Sacraments of Christian Initiation and
shall meet the qualifications for the Order of Deacon contained
herein. Candidates for the Ordination to the Permanent Diaconate
shall state in their Candidacy letter that they are seeking
candidacy to the Permanent Diaconate
I) Each candidate for Ordination to the Presbyterate of The
Diocese of California American Catholic Church shall have
previously received the Sacraments of Christian Initiation and
the Sacrament of Holy Orders in the Order of Deacon, and shall
meet the qualifications for the Order of Presbyter contained
herein.
j) Each Candidate for Ordination to the Episcopacy (the “Order
of Bishop”) of The Diocese of California American Catholic Church, shall have previously received the Sacraments of
Christian Initiation and the Sacrament of Holy Orders of Deacon
and of Presbyter and shall meet the qualifications for the
Order of Bishop contained herein.
k) In the discretion of the Diocesan Bishop candidates for Holy
Orders in the Order of Deacon may be required to receive the
traditional ministries of Reader, Exorcist, Acolyte and
Sub-deacon prior to Ordination to the Order of Deacon.
l) Transitional Deacons who decline advancement to the
Presbyterate may not be forbidden the exercise of their Order
for that reason alone, nor shall this preclude their advancement
to Presbyterate at a future date.
m) With regard to all persons who are certified as insane or who
suffer from untreated debilitating mental illness; persons who
are addicted to chemical substances other than tobacco; persons
who have a documented history of violent behavior; persons who
have been convicted of a misdemeanor having a penalty in excess
of 1 years of incarceration or persons convicted of a felony;
all such persons are impeded from the valid reception of the
Sacrament of Holy Orders in The Diocese of California American Catholic Church without explicit dispensation from the College of
Bishops.
n) The Diocese of California American Catholic Church’s Bishops
may participate as consecrator in consecrations of Bishops or as
Ordaining Bishop for Presbyters and/or Deacons for
ecclesiastical communions other than The Diocese of California American Catholic Church, in their sole discretion. They may
do so even in circumstances where such consecrations or
ordinations would not be permitted for The Diocese of California American Catholic Church by this Constitution; provided
that, in such circumstances, they shall acknowledge that they
are acting in their own right and not as representatives of or
for The Diocese of California American Catholic Church.
Canon
III-3.3 Vessels for use in Liturgy and the Sacraments
All
Chalices, Ciboriums, Patens, and other Vessels used in the
Sacred Liturgy shall be constructed of non-absorbent material
appropriate for their function decorated and styled in a
dignified manner so as to enhance the worship of the People of
God. Ceramic material which has been rendered non-absorbent may
be used. Metallic vessels shall be maintained against tarnish
and corrosion.
Canon
III-3.4 Funerals
a)
Any properly disposed Christian may officiate at a Funeral
Service, except they may not exercise any ministry reserved for
those in Holy Orders.
b) Either Burial or Cremation of the remains of deceased
faithful is permitted. Burial or internment of the remains or of
the ashes of those cremated may be in earth or in bodies of
water and shall be accomplished in accordance with the
regulations of civil authorities.
^back to top
ARTICLE IV
NATIONAL GOVERNING BODIES OF THE CHURCH
Chapter 1 The General Conference
Canon IV-1 The
General Conference
The General
Conference is a solemn assembly of the Bishops, Clergy, , and
representatives of the Laity of The Diocese of California American Catholic Church meeting in council to legislate for the
Church on a national level or to hear judicial appeals from the
Church.
Canon IV-1.1
The Members of the General Conference
a) The members of the General Conference are those members of
The Diocese of California American Catholic Church who are
authorized to vote in the General conference on matters before
it.
b) The members of the General Conference shall consist of the
following categories:
-
All members
of the College of Bishops as herein defined
-
All members
of the Clergy in the order of Presbyter and Deacon
-
Lay
representative/s from each parish or mission in The Diocese of California American Catholic Church in accordance with the
terms set forth herein
c) The process
by which Lay Representatives shall be selected is at the
discretion of the Diocesan Bishop of each Diocese. However,
there must be at least one (1) Lay representative per parish or
mission and such representative must be a member of the Church
and at least 18 years of age. Notwithstanding the foregoing,
there shall be an equal ratio of lay representatives from both
the Southern and Northern jurisdictions of the Diocese of California American Catholic Church in order to have valid votes at a
General Conference. Each Parish or Mission shall provide
authenticating Credentials for their Lay Representative.
d) Religious and Lay Members of the General Conference may be
female or male.
e) The members of the General Conference may not concurrently
vote in more than one voting category.
f) The rule of
“Dialogue” shall be employed at every level of Governance so as
to include the maximum amount of input by the widest body of
voting members of the General Conference whenever practical and
reasonable to do so.
g) All Bishops
are to work in a collegial manner, including and hearing the
voices of the Clergy and the Laity whenever and wherever
possible and appropriate.
i) All
Bishops, Clergy and Laity have rights of automatic appeal to the
Authority of the General Conference for all judicial or
legislative actions as set forth herein.
Canon IV-1.2
Power and Scope of Authority of the General Conference
a) The General Conference is the national legislature and
supreme appellate judicial tribunal of The Diocese of California American Catholic Church. In this capacity the General
Conference legislates for the Church as a whole, acting in
national and inter-diocesan matters. The Conference also
receives and adjudicates appeals of disciplinary tribunals from
anywhere in the Church.
b) Actions by the General Conference whether legislative or
judicial, are final and do not require confirmation nor are they
subject to review or veto by any person or group within or
without The Diocese of California American Catholic Church.
c) Except in those areas defined as excluded from the General
Conference's competence by this Constitution, all permanent
legislation applicable to the entire Church must be enacted by
General Conference in the manner described.
d) All legislation enacted by the General Conference is
effective immediately and is binding under canonical obedience.
e) As a Diocesan Bishop possesses all Legislative Authority
necessary for the conduct of their office, nothing in this
Chapter shall be construed so as to preclude a Diocesan Bishop
from enacting and enforcing such legislation and/or appropriate;
provided that such legislation and/or regulations shall conform
to any constraints imposed by this Constitution.
f) When acting as the appellate judiciary for the Church, the
General Conference is the supreme judicial tribunal for the
Church. The decisions and judgments of the General Conference is
judicial matters are final and not subject to further appeal
within the Church.
g) When acting as appellate judiciary, if the appeal is
sustained, all penalties imposed upon the appellant are
immediately and as an operation of law nullified and the
appellant is immediately reinstated to all rights and privileges
which were denied by the disciplinary action under appeal. If
the appeal is not sustained all disciplinary actions under
appeal are immediately and as an operation of law reinstated and
active.
Canon IV-1.2.1
Areas beyond the competence of the General Conference
a)
By virtue of their Consecration, Bishops, as successors of the
Apostles, receive the fullness of the teaching authority of the
Church. It pertains, therefore, to the Bishops alone to define
matters of faith for the Church and to regulate the Holy
Sacraments and the Liturgies of the Church.
b) The General Conference may not enact legislation or take
other action which would have the effect of adding to, altering,
or removing anything contained in the Statement of Beliefs
officially enacted by the College of Bishops; nor may the
General Conference modify or in anyway alter any regulation
adopted by the College of Bishops regarding the regulation of
the Holy Sacraments or the Liturgies of the Church.
c) Except for appeals of disciplinary actions and other
circumstances as may be specifically provided in this
Constitution, matters internal to the function and regulation of
individual Diocese are beyond the competence of the General
Conference.
Canon IV-1.3
Meetings of the General Conference in ordinary circumstances
a) The General Conference shall assemble in solemn council at
least once a year, unless extraordinary circumstances deem the
necessity of meeting more frequently, in which case and
Extraordinary Session of the General Conference may be called by
the Presiding Bishop as set forth below The General Conference
shall be summoned into session by the Presiding Bishop of the
College of Bishops, who shall make known to the members of the
General Conference the date and place that the General
Conference shall meet at least 60 days prior to the scheduled
meeting.
b) Prior to concluding business at each General Conference the
members of the General Conference shall select a preliminary
site and date for the next General Conference. It shall, then,
be the duty of the Presiding Bishop of the College of Bishops to
make the necessary arrangements for the next General Conference
and make known the necessary information to the members of the
General Conference as set forth in this Canon.
Canon IV-1.4
Meetings of an Extraordinary Session of the General Conference
in extraordinary circumstances
a) If the General Conference has not been called into session by
the Presiding Bishop by the date which was decided at the prior
General Conference, the most senior next Bishop, by date of
membership into The Diocese of California American Catholic Church shall set a date and summon the General Conference
into session.
b) Should circumstances require action by the General Conference
during the period between regular sessions of the General
Conference, an Extraordinary Session of the General Conference
shall be called by the Presiding Bishop. Circumstances which may
require calling the General Conference into Extraordinary
Session include, but not limited to, the need to hear appeal of
a judicial process, and other circumstances which in the opinion
of the Presiding Bishop or the membership of the College of
Bishops require such a session.
c) The circumstances which, in the opinion of the majority of
the College of Bishops warrant the summoning of an extraordinary
session of the General Conference, if the Presiding Bishop
refuses to convene the General Conference, the General
Conference may be called into session by a simple majority of
the College of Bishops.
Canon IV-1.5
Attendance at sessions of the General Conference Required
a)
All members of the General Conference shall attend each General
Conference unless excused for sufficient reason.
b) Diocesan Bishops or Heads of Religious Orders may be excused
from attending the General Conference for good cause by the
Presiding Bishop in their sole discretion.
c) Lay Representatives who are unable to attend the General
Conference shall be replaced by procedures established by the
Diocesan Bishop.
d) Clergy who fail to attend the General Conference without
proper excuse from their Ordinary shall be guilty of minor
canonical disobedience. Such Clergy shall have a right to due
process and hearing regarding their guilt or innocence on such a
matter.
e) Clergy who fail to attend 2 consecutive General Conferences
without excuse from their Ordinary shall be deemed to have
voluntarily resigned from the Clergy of The Diocese of California American Catholic Church. Before such resignation is to be
instituted, such Clergy shall have a right to due process and
hearing regarding their guilt or innocence on the matter
Canon IV-1.6
Quorum Requirements for the General Conference
In
order for the General Conference to act on any matter, a quorum
consisting of at least 33% of the members of the College of
Bishops, and at least 1 member of the Clergy in the Order of
Presbyter or Deacon shall be present.
Canon IV-1.7
Agenda of the General Conference
a)
The Presiding Bishop of the College of Bishops shall prepare and
distribute an agenda for each session of the General Conference.
Such agenda shall be approved by simple majority vote by the
College of Bishops and shall be distributed to all members of
the General Conference at least 30 calendar days in advance of
the scheduled starting date of the General Conference.
b) In preparing the agenda for the General Conference, the
Presiding Bishop shall solicit input from the College of
Bishops, the Heads of all Religious Orders, and the Clergy of
The Diocese of California American Catholic Church, and Parishes
through their Diocesan Bishops.
c) Any item requested to be placed on the agenda shall be
accommodated.
d) All interim legislation which may have been enacted by the
College of Bishops in the period since the last Conference must
be placed on the agenda for review and consideration by the
Conference.
e) The General Conference may remove any proposed item from the
agenda, except consideration of legislation enacted by the
College of Bishops since the last Conference by majority vote
after convening.
Canon IV-1.8
Minutes of the Meetings of the General Conference
The Presiding Bishop of the College of Bishops shall have
recorded a detailed summary of the discussion, votes and other
actions which transpire during a meeting of the General
Conference. They shall distribute them to the College of Bishops
and to the members of the Clergy through their Diocesan Bishop
within 60 days of the conclusion of the Conference. They shall
arrange that they be archived in safe storage as a permanent
record of the actions of the Conference.
Canon IV-1.9
Events requiring a vote by the General Conference
a)
Any permanent legislation applicable to the entire Church must
be voted upon by the members of the General Conference during
open session of the General Conference in the manner prescribed
herein.
b) In addition to legislation, matters which require a vote of
the members of the General Conference include appeals of
judicial proceedings and such other matters as the General
Conference may define.
Canon IV-1.10
Procedures for consideration and action during sessions of the
General Conference
a)
Proposals for action by the General Conference, or detailed
charges and findings of disciplinary tribunals, shall be
provided in writing to the members of the General Conference
present by the Presiding Bishop of the College of Bishops at
least 24 hours in advance of their presentations to the General
Conference.
b) Each measure to be voted upon shall be discussed and debated
in open session of the General Conference for a period not
longer than 1 hour at the conclusion of which the General
Conference take whatever action it deems necessary by simple
majority vote.
c) Limitations on debate duration imposed by this Canon may be
waived, extended, or reduced upon approval of the members of the
General Conference then present on an issue-by-issue basis.
Canon IV-1.11
Procedures for consideration and action outside sessions of the
General Conference
a)
In the event that a situation shall arise which requires
immediate legislation at a time when the General Conference is
not in formal session and which does not, in the opinion of the
College of Bishops, warrant the convocation of an extraordinary
session of the General Conference; the College of Bishops, by
simple majority vote, shall take whatever measures they shall
deem appropriate in response to such need.
b) Any action taken in these circumstances by the College of
Bishops shall remain in effect until the next General
Conference, expiring as an operation of law with the convocation
of the immediately subsequent Conference. The situation which
prompted such action shall then be reviewed by the General
Conference and it shall take whatever action it deems
appropriate,
c) Appeals by Clergy of disciplinary actions always require a
special session of the General Conference and may never be heard
outside a session of the Conference.
Canon IV-1.12
Procedures for votes by the members of the General Conference
a) Only those members of the General Conference actually present
at the time a vote is taken may cast a vote on any matter before
the General Conference.
b) Upon conclusion of discussion/debate and upon a seconded
motion from the floor that the matter be voted upon, a vote on
the matter shall be taken.
c) When acting as the appellate judiciary for The Diocese of California American Catholic Church voting by the General
Conference shall be by secret ballot.
d) When not acting as the appellate judiciary for The Diocese of California American Catholic Church, all voting by the General
Conference shall be by show of hands. Such show of hands shall
be recording in the written minutes.
e) A matter being voted upon shall be deemed accepted by the
General Conference upon receiving a simple majority of the votes
cast. Matters not receiving majority of the votes cast are
rejected.
Canon IV-1.13
Voting rights of the members of the General Conference
a)
Each member present at the time a vote is taken, by virtue of
their status, casts a single vote in the General Conference in
their own right. Only in cases of extreme emergency and under
special circumstances (sickness etc.) may the right to vote be
given, or transferred to any other person as a proxy vote.
b) Any member of the General Conference may abstain from any
vote without divulging a reason for such abstention. As
membership in The General Conference is a solemn trust, the
decision to abstain should be undertaken only after serious
consideration.
Canon IV-1.14
Voting methods prohibited for the General Conference
Unless expressly set forth above for cases of extreme emergency
and/or special circumstances such as illness, the following are
expressly prohibited:
a) Voting by
"absentee ballot" in the General Conference.
b) Voting by proxy in the General Conference.
The following are expressly prohibited under all circumstances:
c) Voting by voice telephone, or by other means essentially
synonymous with voice telephone, in the General Conference is
expressly prohibited.
d) Voting by mail, or by electronic means essentially synonymous
with mail, in the General Conference is expressly prohibited.
These prohibitions apply only to voting methods for the General
Conference. Nothing in this Canon shall be interpreted as
prohibiting the use of these or other voting methods by the
College of Bishops or such other Groups, Committees, or
Commissions as may be established from time to time by The
Diocese of California American Catholic Church. Such groups may
establish whatever methods for voting on matters before them
that they deem appropriate in their sole judgment.
Canon
IV-1.15 Committees of the General Conference
The General Conference may establish committees to perform tasks
between session of the General Conference in its sole
discretion. In creating such committees, the Conference shall
specifically define their role, membership and scope of
authority.
Canon IV-1.15.1
Permanent Committees of the General Conference
The following are permanent standing Committees of the General
Conference whose duties are as indicated:
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Chapter 2
The College of Bishops and its Officers
Canon IV-2 The
College of Bishops
a) All persons who have received the Sacrament of Holy Orders in
the Order of Bishop who are incardinated into or are part of
The Diocese of California American Catholic Church and are not
on leave of absence are members of the College of Bishops.
b) The College of Bishops, in its sole discretion, shall enact
and maintain procedures for the conduct of its business,
including methods and procedures for voting on matters before
it.
c) Decisions by the College of Bishops shall be made by a simple
majority of votes cast on any matter before the College.
Canon IV-2.1
Authority of the College of Bishops
a)
By virtue of their Sacred Order, the members of the College of
Bishops possess the sole right to define matters of Faith for
the Church. In this Sacred Role, the College of Bishops are the
guardians of the True Catholic Faith.
b) Only the College of Bishops may regulate and define rites for
the celebration of the Holy Sacraments and the Sacred Liturgies
of the Church.
c) Between sessions of the General Conference, the College of
Bishops is entrusted with the day-to-day care and administration
of the Diocese of California. In this capacity, the College of
Bishops may impose interim action and/or legislation in response
to circumstances which are national or inter-diocesan in scope
and which arise between sessions of the General Conference. All
such actions or legislation expire with the convocation of the
next General Conference unless the General Conference expressly
acts to continue them.
d) The College of Bishops are the official spokespeople for the
Church. Only them, or their designated representatives, may make
official statements regarding Church business.
Canon IV-2.2
Duties, Rights and Privileges of the College of Bishops
a)
The duties of members of the College of Bishops include all
those inherent in their office of Bishop.
b) It is the sole right, duty and privilege of the College of
Bishops to elect the Presiding Bishop of The Diocese of California American Catholic Church, define matters of Faith for the
Church, and to regulate the Holy Sacraments.
c) It shall be the duty of the College of Bishops to supervise
and adjudicate matters pertaining the clerical discipline of
those in the Order of Bishop.
d) Great independence is granted by virtue of the office of
Diocesan Bishop. The conduct of this sacred trust affects not
only the People of God in their immediate care, but also the
entire Church. Therefore, it is the duty of the College of
Bishops to assure effective and orthodox leadership in all
Dioceses of the Church.
e) Additional duties are assigned to the College of Bishops by
this Constitution. Canon IV-2.2.1 Initiation of matters for
Consideration by the College of Bishops
a) Any member of the College of Bishops may initiate legislation
or bring other matters before the College of Bishops for their
consideration and vote by providing the proposal in typewritten
form together with a ballot for voting on the measure to the
President of the College of Bishops. The President of the
College of Bishops shall be the Presiding Bishop of the ACC.
b) The President of the College of Bishops shall reproduce
sufficient copies of the proposal and ballots for the membership
of the College and distribute them for action by the membership,
and shall receive, tally, and announce the results of the
voting.
Canon IV-2.3
The President of The College of Bishops
a) The Chief Executive Officer of The Diocese of California American Catholic Church is the President of the College of Bishops
and is called the Presiding Bishop. The President of the College
of Bishops is responsible for the administrative functions and
record keeping of the Church and for maintaining a flow of
communications within The Diocese of California American Catholic Church, and for communicating with such other bodies as may
be directed by the College of Bishops and/or the General
Conference.
b) The President of the College of Bishops is elected to office
by the College of Bishops Presiding Bishop without limitations
as to number of terms. Each term of office shall be five (5)
years.
c) The President of the College of Bishops may be removed from
office at any time by simple majority vote plus one of the
College of Bishops.
Canon IV-2.3.1
Duties of the President of the College of Bishops
a)
The President of the College of Bishops shall summon the General
Conference into session and preside at its sessions.
b) The President of the College of Bishops shall maintain a flow
of communication between the parishes and diocese of The
Diocese of California American Catholic Church.
c) The President of the College of Bishops shall maintain a
registry of the Clergy, and be custodian of the official
archives of The Diocese of California American Catholic Church.
d) The President of the College of Bishops shall receive and
tally all votes of the College of Bishops and shall make
requisite notifications of the results of such voting. If the
vote is being taken for the election of President of the College
of Bishops and the incumbent is a candidate for that office,
then the vote shall be received and tallied by the most senior
Bishop of the College of Bishops (by date of consecration to the
episcopacy) who is not a candidate for the office.
e) The President of the College of Bishops shall perform other
administrative duties as required.
f) The President of the College of Bishops shall maintain all
tithes, donations or other funds entrusted to it of The Diocese of California American Catholic Church in financial support of
their office separate from all other funds. He shall steward
these funds through the Treasurer, using them for any purpose
which he deems appropriate in the conduct of Church business. .
The Presiding Bishop shall annually render an accounting for
these funds to the General Conference.
g) The President of the College of Bishops shall annually
prepare a proposed budget for the conduct of his/her office for
the year for approval by the College of Bishops.
h) The President of the College of Bishops shall accomplish all
duties and tasks assigned to them by this Constitution and by
action of the General Conference in a timely manner and without
undue delay. Repeated failure to promptly fulfill their duties
shall be cause for their removal from office. He, therefore,
shall solicit the assistance of the College of Bishops in
assuring that all duties imposed upon him or upon the College
are promptly completed.
i) Whenever the President of the College of Bishops shall leave
office for any reason, he/she shall see to the immediate
transfer of all Church records in his/her possession to his/her
successor. All records of The Diocese of California American Catholic Church, in the possession of the President of the College
of Bishops are the sole property of The Diocese of California American Catholic Church, and must be surrendered on demand of the
College of Bishops.
Canon IV-2.4
The Chancellor of The Diocese of California American Catholic Church
Ecclesiastical Advisor
a) The Chancellor of The Diocese of California American Catholic Church shall be a member of the Clergy in the Holy Order of
Bishop.
b) The duties of the Chancellor of The Diocese of California American Catholic Church shall be to administer this Constitution
and render opinion on the meaning and content of its Canons.
c) The Chancellor of The American Catholic Church shall preside
at all national ecclesiastical courts and shall render judgment
in all circumstances except those reserved to other bodies by
this Constitution.
d) The Chancellor shall be appointed to office by the President
of the College of Bishops.
e) The Chancellor shall serve an indefinite term of office at
the pleasure of the President of the College of Bishops.
Canon IV-2.5
Archivist of The Diocese of California American Catholic Church
a) The President of the College of Bishops shall appoint an
Archivist for The Diocese of California American Catholic Church.
b) The Archivist of The Diocese of California American Catholic Church maintains an archive of all official documents of the
Church.
c) The Archivist may be a member of the Clergy, Religious, or
Laity of The Diocese of California American Catholic Church, may
be a non-member of The Diocese of California American Catholic Church, employed or volunteering for this purpose.
d) The Archivist of The Diocese of California American Catholic Church shall serve an indefinite term of office at the
pleasure of The President of the College of Bishops.
Canon IV-2.6
The Administrative Secretary of The Diocese of California American Catholic Church
a) The President of the College of Bishops shall appoint an
Administrative Secretary.
b) The duties of the Administrative Secretary shall be to
supervise and be responsible for all communications within and
without The Diocese of California American Catholic Church, and
all administrative matters pertaining to the operation and
functioning of the Church's national temporal responsibilities
under the direction of the President of the College of Bishops.
c) The Administrative Secretary may be a member of the Clergy,
Religious or Laity of The Diocese of California American Catholic Church or may be a non-member of The Diocese of California American Catholic Church employed or volunteering for this
purpose.
d) The Administrative Secretary shall serve an indefinite term
of office at the pleasure of the President of the College of
Bishops.
Canon IV-2.7
The Treasurer of The Diocese of California American Catholic Church
a) The
President of the College of Bishops shall appoint one of the
members of the College of Bishops or clergy to serve as
Treasurer.
b) The duties of the Treasurer shall be to supervise and be
responsible for all financial matters of the Church's national
temporal responsibilities under the direction of the President
of the College of Bishops.
c) The Treasurer shall serve an indefinite term of office at the
pleasure of the College of Bishops.
Canon IV-2.8
Vicar General of The Diocese of California American Catholic Church
a) The Presiding Bishop, in consultation with the College of
Bishops, shall appoint a Bishop or Clergy member to serve as the
Vicar General for the Church.
b) The duties of the Vicar General include acting as
the
principal deputy of the College of Bishops for the Church for
the exercise of its administrative authority, including the
authority of the Chancellor. The Vicar General exercises the
College of Bishops’
ordinary
executive power as its agent over the entire Church for
administrative matters, and when acting as agent for the
Chancellor, exercises the ordinary judicial power of governance
exercised in the ecclesiastical court.
c) The Vicar
General ordinarily serves for the duration of the Presiding
Bishop’s term and serves at the pleasure of the Presiding
Bishop.
Canon IV-2.9
Vicar of Vocations and Formation for The Diocese of California American Catholic Church
a) The Presiding Bishop, in consultation with the College of
Bishops, shall appoint a Bishop or Clergy member to serve as the
Vicar of Vocations and Formation for the Church.
b) The duties of the Vicar of Vocations and Formation is
responsible for the recruiting, mentoring, and screening of
qualified candidates for priestly formation and establishing and
implementation of a proper seminary program for each Candidate,
including Holy Scriptures and Tradition, Christian Theology,
Church History, Christian Ethics, Pastoral Care, Liturgics, and
the Theory and Practice of Ministry . The Vicar of Vocations
and Formation is responsible to the College of Bishops and to
the Diocesan Bishop to whom the Candidate is under his/her care.
The Vicar of Vocations and Formation should consult with the
Diocesan Bishop in matters of major concern.
.
c) The Vicar of
Vocations and Formation ordinarily serves for the duration of
the Presiding Bishop’s term and serves at the pleasure of the
Presiding Bishop.
Canon IV-2.9
The Executive Committee of the College of Bishops
a) The Executive Committee shall exercise the day-to-day
supervision of the Church for the College of Bishops and shall
assure that all matters requiring the attention of the entire
College of Bishops are brought to the attention of the College.
b) The Executive Committee may act in all matters pertaining to
the temporal operation of the Church which do not require a vote
of the College of Bishops or the General Conference as defined
in this Constitution.
c) Minutes of each meeting of the Executive Committee shall be
maintained and provided to the College of Bishops within 30 days
of such meetings.
d) Action on matters before the Executive Committee shall be
taken on simple majority vote of its members.
e) Meetings of the Executive Committee shall be as frequent as
the President of the College of Bishops shall direct. Meetings
may be conducted by phone or in person.
f) Reviews and
approves the program set forth by the Vicar of Vocations and
Formation for each Candidate for Holy Orders.
Canon IV-2.9.1 Membership of the Executive Committee
a) Certain offices of The Diocese of California American Catholic Church are ex-officio members of the Executive Committee.
Permanent membership on the Executive Committee pertains to the
office and not to the person who may, at any time, hold that
office. Ex-officio members are:
-
The
Presiding Bishop (who shall also be the President of the
College of Bishops) of the Diocese of California American Catholic Church in their role as Spiritual leader of the
Church
-
The
Chancellor of The Diocese of California American Catholic Church- who shall be Vice-Chair of the Committee
-
The
Administrative Secretary of The Diocese of California American Catholic Church
-
The
Treasurer of The Diocese of California American Catholic Church
-
The Vicar
General of The Diocese of California American Catholic Church
-
The Vicar of
Vocations and Formation of The Diocese of California American Catholic Church.
b) Certain
Members of the Executive Committee are elected to serve on the
Committee. Such elected members shall be elected to this duty at
regular sessions of the General Synod. Their term of office is
three (3) calendar years from date of election and shall
coincide with the regular meetings of the Conference. Elected
Members are:
-
A
representative of the College of Bishops who is not already
an ex-officio member of the Executive Committee, elected by
majority vote of the College of Bishops
-
A
representative from the Clergy in the Holy Orders of Deacon
or Presbyter, elected by the members of the Clergy of those
Orders.
Canon IV-2.10
Other Committees of the College of Bishops
a)
The College of Bishops may establish committees to perform tasks
or research issues before the College and make recommendations
to the College for action in its sole discretion.
b) The President of the College of Bishops and the Chancellor of
The Diocese of California American Catholic Church are
ex-officio member of all committees of the College of Bishops.
Canon IV-2.10.1
Permanent Standing Committees of the College of Bishops
The
following committees are permanent standing committees of the
College of Bishops:
-
Liturgy:
which shall see to the creation, review and update of the
Liturgy.
-
Ecumenism:
which shall see to the relations of with other ecclesial
bodies.
-
Formation:
which shall see to the proper formation of all levels of
Clergy within the Church
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ARTICLE V
CHURCH ORGANIZATION
Chapter 1 Jurisdictions within the Church
Canon V-l
Internal Jurisdictions of the Church
Internal to the Church are several jurisdictional areas which
are regulated by this Constitution. These areas are Diocese,
Vicariates, parishes, and Residences of Religious Orders
Canon V-l.l
Diocese
a) A Diocese is a portion of the People of God which is
entrusted for pastoral care to a Diocesan Bishop. With the
cooperation of the Clergy, and adhering to its pastor and
gathered by them in the Holy Spirit through the spread of the
Gospel and the Eucharist, it constitutes a particular church in
which the one, holy, catholic, and apostolic church is truly
present and operative.
b) As a rule, that portion of the People of God which
constitutes a Diocese is limited to a definite territory so that
it comprises all the members of The Diocese of California American Catholic Church who inhabit that territory.
c) A Diocese comes into existence by direction by the College of
Bishops either upon the request of the People of God or upon the
perception of need by the Diocesan Bishop or the College of
Bishops.
d) When the People of God request that a Diocese be created,
they do so by written petition to the College of Bishops.
Generally, any such request which is reasonable should be
honored.
e) When for any suitable reason, a Diocesan Bishop determines
the need to create a Diocese from some portion of their See,
she/he may do so by Episcopal Decree after obtaining the
concurrence of the College of Bishops.
f) When the College of Bishops perceives the need for a Diocese,
they may create a Diocese on their own initiative upon majority
concurrence by the College.
g) If the area of a proposed Diocese is part of an existing
Diocese, the concurrence of the Diocesan Bishop having
jurisdiction in that area to the creation of the Diocese is
required, hi this regard, Mission Territories and Apostolic
Vicariates do not comprise an existing Diocese.
h) A Diocese may be suppressed, i.e. its existence may be
terminated by action of the College of Bishops when there is no
current Diocesan Bishop for the diocese and when, in the
judgment of the College, there no longer exists a viable
Diocesan community which would warrant the election of a new
Diocesan Bishop. If the Diocese is suppressed, the territory of
that Diocese reverts to mission status as an Apostolic
Vicariate. The nearest Diocesan Bishop assumes pastoral
responsibility for the area as Apostolic Vicar.
i) A Diocesan Bishop must reside within the boundaries of their
Diocese. If a Diocesan Bishop relocates their residence outside
their Diocese, they cease to be Diocesan Bishop immediately and
as an operation of law and the Diocesan See is vacant.
Canon V-1.2
Ethnic, National, Liturgical or Language based Diocese
a) The College of Bishops may establish Diocese of ethnic,
national, Liturgical, or Language based communities in order to
meet the pastoral or liturgical needs of the People of God.
These Dioceses may be differentiated by the use of Eastern or
Latin Rites, national origins, native language, or other causes.
b) Such Diocese, if erected, shall be headed by a Diocesan
Bishop who shall be elected as defined herein. Such Diocesan
Bishops shall exercise jurisdiction only in and for their
ethnic, national, liturgical, or language community.
c) Such Diocese may be geographically coincident with Diocese
for the Church in general or for other ethnic, national,
liturgical, or language groups. When such coincidence exists,
each Diocesan Bishop has jurisdiction within and for their own
community only.
d) Procedures for the erection and/or suppression of a Diocese
as defined herein shall be followed in erecting Diocese of this
type, including the concurrence of the Diocesan Bishop currently
having jurisdiction if an ethnic, national, liturgical, or
language based Diocese is to be created from or coincident with
an existing Diocese.
Canon V-1.3
Archdiocese and Metropolitan Sees
Archdiocese and/or Metropolitan Sees do not exist as unique
organizational entities within The Diocese of California American Catholic Church.
Canon V-1.4
Parishes
a) Each Diocese shall be divided as needed into distinct parts,
called parishes, which exist to serve the pastoral needs of the
People of God.
b) A parish is lead by a Pastor who shall be at least in the
Order of Presbyter. She or He may be assisted by additional
Clergy as needed. The Pastor is subordinate to the Diocesan
Bishop, and such other intermediary superiors as the Diocesan
Bishop may assign, but exercise all ordinary, proper and
immediate power appropriate to their office within their parish.
c) A parish is created and/or suppressed upon direction of the
Diocesan Bishop.
Canon V-1.4
Vicariates
The area of responsibility of a Vicar is called a Vicariate. In
The Diocese of California American Catholic Church there are
several types of Vicariates. The most commonly applied types are
the Apostolic Vicariate and the Diocesan or Episcopal Vicariate.
Canon V-l.4.1
Apostolic Vicariates
a) An Apostolic Vicariate is a certain portion of the People of
God which is not yet established as a diocese due to particular
circumstances and whose pastoral care is entrusted to a Diocesan
Bishop or an Auxiliary Bishop attached solely to the Church
acting as an Apostolic Vicar. The Apostolic Vicar governs the
Vicariate in the name of the Church and is the Bishop Ordinary
for the Vicariate.
b) Apostolic Vicars assume their role in an Apostolic Vicariate
as an operation of law based on their appointment by the
Presiding Bishop.
c) It is desirable that the territory comprising the Apostolic
Vicariate be expressly established by the College of Bishops to
avoid confusion.
Canon V-l.4.2
Diocesan Vicariate
In order to foster pastoral care through common action or due to
the special needs (e.g., the need to minister in a specific
national language or ethnic rite) several parishes may be
grouped together under the leadership of an Episcopal or
Diocesan Vicar at the discretion of the Diocesan Bishop.
Canon V-1.5
Mission Territories
Any portion of the Jurisdiction of The Diocese of California American Catholic Church which is not organized into a Diocese
shall be considered to be Mission Territory and be organized as
an Apostolic Vicariate.
Canon V-1.6
Monasteries, Convents and Residences of Religious Orders
Wherever there is established a monastery, convent or other
residence house of a Religious Order, such residence shall be
governed and organized as the Rule or Form of Life of the Order
may direct. If no specific regulation exists within a Rule or
Form of Life of any Order, the residence shall be governed and
organized as the head of the Order may direct. All such
residences are under the direct control of the lawful superiors
of the Order and are subject to overall supervision by the
Presiding Bishop.
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ARTICLE VI
THE CLERGY
Chapter 1 General Regulations of the Clergy
Canon VI-1 The
Clergy defined
All members of The Diocese of California American Catholic Church who have received the Sacrament of Holy Orders in the
Order of Deacon, Presbyter or Bishop, including those who are
incardinated, and who are in good standing, are members of the
Clergy.
Canon VI-1.1
Regulation of the Clergy
a) Members of the Clergy are subject to the regulations of this
Constitution and such other regulations as their lawful superior
may impose.
b) All members of the Clergy shall be incardinated within a
Diocese of The Diocese of California American Catholic Church
in order to exercise their ministry.
c) All Clergy accused of civil criminal conduct, except minor
traffic citations, shall immediately disclose such accusation to
their Diocesan Bishop, or to the College of Bishops if the
accused is a Diocesan Bishop. All details of the accusation
against the member of the Clergy must be made known to the
Diocesan Bishop, or to the College of Bishops for those in the
office of Diocesan Bishop. Discretion is advised here and the
confidential character of the Sacrament of Reconciliation shall
be made known to all parties.
d) The Diocese of California American Catholic Church Clergy,
even if they receive some financial compensation, generally
serve in a voluntary capacity and are not employees of The
Diocese of California American Catholic Church. The Diocese of California American Catholic Church, therefore has no duty to
supervise its Clergy as an employer nor is it responsible for
their conduct; nor does The Diocese of California American Catholic Church, have a duty to collect or account for taxes for its
Clergy; nor does The Diocese of California American Catholic Church, have an obligation to provide employment benefits or
unemployment, workers compensation or other insurance.
Canon VI-1.1.1
Titles and Rank of the Clergy
a) No title except Deacon, Presbyter, Priest, or Bishop shall be
adopted or granted to any member of the Clergy of The Diocese of California American Catholic Church except those which pertain
to offices established by this Constitution (e.g., Diocesan
Bishop, Presiding Bishop, Pastor, etc.), those granted by the
Presiding Bishop, College of Bishops or Diocesan Bishops (e.g.
Canon, etc.), or authorized for an office in a Religious Order
(e.g., Minister General, Novice Master, Abbot, etc.)
Canon VI-1.2
Celibacy and Chastity of the Clergy
a)
The right to marry is Divinely Granted. The Diocese of California American Catholic Church imposes no requirement of celibacy
or permanent chastity on its Clergy. Members of the Clergy of
The Diocese of California American Catholic Church who are
unmarried, as defined by civil law, may marry or refrain from
marriage in their sole discretion.
b) Except within a lawful union, Clergy are called to the same
Chastity as are all Christians.
c) Marriage shall not be an impediment to the valid reception of
the Sacrament of Holy Orders in The Diocese of California American Catholic Church nor to incardination into any jurisdiction
of The Diocese of California American Catholic Church; nor shall
marriage be required for the reception of Holy Orders or
incardination.
d) Holy Orders shall not be an impediment to the valid reception
of the Sacrament of Matrimony in The Diocese of California American Catholic Church.
e) No person shall impose or require; as a condition of the
Sacrament of Holy Orders, of granting faculties to Clergy, or of
incardination of Clergy in any jurisdiction; that any person
shall be required to promise, vow or live in a state of celibacy
or permanent chastity nor that they be either married or remain
unmarried.
f) In all cases, members of the Clergy shall refrain from sexual
intimacy which is abusive in nature or which is outside the Law
of God.
Canon VI-1.3
Financial Compensation of the Clergy
a) Except as set forth herein, no member of the Clergy shall
accept payment of money or other valuable consideration in
payment for celebration of any Sacrament (e.g. Simony is
expressly forbidden and renders the Sacrament null and void).
Donations may be accepted so long as the said donation is
voluntary. It is permitted, when asked, for the Clergy to
indicate an exact amount which is appropriate for such donation.
b) Freely given stipends or gifts, regardless of type, may be
accepted as a gratuity for the special celebration of the Mass
so long as they are not in any way a condition for the
celebration of the Sacraments or the Mass.
c) When necessary and appropriate, travel, food and lodging
expenses of the Clergy maybe paid by those for whom a Sacrament
is celebrated.
d) The Clergy may receive salary and/or other formal
compensation from any Diocese or Parish they serve. Salary
and/or other compensation and all stipends and gratuities
received must be reported to the appropriate civil authorities
for tax purposes.
Canon VI-1.3.1
Employment of the Clergy
a) Each member of the Clergy is responsible for providing such
personal income as he may require for themselves and their
family through lawful means. These means may include
compensation by the Parish or Diocese which the member of the
clergy serves, personal savings or investments and/or employment
in a secular job or profession.
b) All secular employment shall be in a place and of a type
seemly and appropriate for a member of the Clergy. The decision
of whether such employment of a member of the Clergy is seemly
and appropriate shall be in the discretion of the Diocesan
Bishop for those in the Orders of Deacon and Presbyter, and in
the discretion of the College of Bishops for those in the Holy
Order of Bishop.
c) No Bishop shall require that a member of the Clergy change
their employment without giving them a full explanation of their
reasons for such requirement, and without giving them adequate
time to make a transition to new employment.
d) In requiring a member of the Clergy to seek new employment, a
minimum period of one calendar year shall be granted for such
change. Such period shall be extended when warranted by economic
or other circumstances.
Canon VI-1.3.2
Financial Obligations of the Diocese to The Diocese of California American Catholic Church
Each Diocese and the parishes, missions and other subordinate
jurisdictions thereunder, of The Diocese of California American Catholic Church shall provide financial support to the
conduct of the temporal administration of the Church in a manner
and amount to be determined annually by the College of Bishops
by majority vote but under no circumstances shall be more than
5% of tithes taken in by each respective Diocese, Parish,
missions, and/or other subordinate jurisdictions thereunder..
Canon VI-1.4
Possession of Church Property by members of the Clergy
a) All property, which may be managed and held in the trust by
a member of the Clergy which was purchased or otherwise
obtained by the Church, Parish, or any subordinate jurisdiction
of the Church is the sole property of the Church, Parish, or
subordinate jurisdiction for which it was purchased and not the
private or personal property of the member of the Clergy unless
specifically set forth differently in a mutually assented to
writing.
However,
property purchased solely by a member of the Clergy and in their
possession which may be used by the Church shall remain and be
the sole possession of that Clergy member.
b) The foregoing not withstanding, the Clergy may own and retain
as real and personal property, chapels, private chapels in their
place of residence, or other suitable private location as well
as vestment, chalices and other liturgical supplies, etc. which
were purchased with their own funds or which they received as
gifts.
Canon VI-1.5
Resignation of the Clergy
Members of the Clergy may resign from the Clergy of The Diocese of California American Catholic Church at any time in their sole
discretion without stating a reason. Resignation shall
automatically excardinate the member of the Clergy and shall
release them from the Clergy of The Diocese of California American Catholic Church.
Canon VI-1.6
Leave of Absence of the Clergy
a) A
member of the Clergy may request a Leave of Absence at any time
from their Diocesan Bishop. Such request shall be accepted in
all cases. Furthermore, a Diocesan Bishop may place a member of
the Clergy under their control on any Involuntary Leave of
Absence.
b) The duration of a Leave of Absence as well as any conditions
which must be met in order for the member of the Clergy to
return to active status is in the discretion of the Diocesan
Bishop.
c) It belongs solely to the Diocesan Bishop to determine whether
or not to accept the return from a Leave of Absence of a member
of their Clergy.
d) The Chancellor of The Diocese of California American Catholic Church may place Diocesan Bishops, The President of the
College of Bishops (Presiding Bishop), on Voluntary Leave of
Absence on their request. In such circumstances, the Chancellor
of The Diocese of California American Catholic Church shall
determine the duration, circumstances and conditions under which
they may return from the Leave of Absence.
e) The College of Bishops may impose an Involuntary Leave of
Absence on any Bishop if the said College determines such leave
to be necessary for the good of the Church, or the spiritual
welfare of the respective Bishop, or as the result of
disciplinary action. Except as may be provided elsewhere herein,
the College shall determine the duration of the leave, the
conditions of the leave and when and under what circumstances
the person so placed on leave may return to active status.
f) During a Leave of Absence, members of the Clergy, regardless
of Order or position, shall not function in any clerical
capacity for The Diocese of California American Catholic Church
and all faculties which the member of the Clergy then possessed
shall be revoked for the duration of the leave.
g) At the conclusion of the Leave of Absence, the member of the
Clergy regardless of Order or position, must either return to
active status, resign from the Clergy of The Diocese of California American Catholic Church or be released from the Clergy of
The Diocese of California American Catholic Church.
Canon VI-1.7
Canonical Obedience of the Clergy
Each member of the Clergy shall, on the occasion of their
ordination to each Order and/or their Incardination into The
Diocese of California American Catholic Church solemnly and
publicly promise obedience to this Constitution and to their
lawful superior(s).
Canon VI-1.7.1
Information to be supplied by the Clergy to competent authority
Each member of the Clergy in the Holy Order of Deacon and
Presbyter shall provide certain information to his/her Diocesan
Bishop. Each Bishop shall provide similar information to the
President of the College of Bishops. Such information shall be
maintained as current by the respective member of the Clergy.
The required information is as follows:
-
A residence
address to be defined as the street address, including
apartment number where applicable, in which s/he physically
resides, in this regard, a Post Office Box or any address
essentially similar in nature to a Post Office Box, shall
not be sufficient. Use of such Boxes is permitted but only
in addition to the required address.
-
A telephone
number at which the member of the Clergy may be customarily
reached.
-
The name of
the member of the Clergy's employer and a description of
type of work performed.
-
Their
current marital status.
Canon VI-1.8
Incardination of Clergy
a) The process by which Clergy from one ecclesiastical
jurisdiction are brought under the authority of another
jurisdiction is called Incardination.
b) By virtue of the Sacrament of Holy Orders, any person
receiving Ordination to the Order of Presbyter or Deacon is
automatically incardinated into the Diocese for which they are
ordained.
c) Installation in the office of Diocesan Bishop automatically
incardinates the one installed into the Diocese they are to
serve and concurrently excardinates them from all other
jurisdictions.
Canon VI-1.8.1
Incardination from a Diocese of The Diocese of California American Catholic Church
a) Any Priest or Deacon desiring to be incardinated into a
Diocese of The Diocese of California American Catholic Church
from another Diocese of The Diocese of California American Catholic Church shall present a letter from his/her current Diocese
excardinating him/her from that Diocese and containing a
statement that, at the time of Excardination, the person was a
member of the Clergy in the Order that they possess in good
standing.
b) Any Diocesan Bishop may, upon request by a member of the
Clergy possessing a letter of Excardination, incardinate or
decline to incardinate any member of the Clergy into their
Diocese from any Diocese of The Diocese of California American Catholic Church in their sole discretion.
c) In general and especially in cases where the request for
Incardination is prompted by change of employment or transfer
incumbent or incident to employment, requests for Incardination
should be denied only for serious reasons relating to the
character or conduct of the person requesting incardination.
Canon VI-1.8.2
Incardination from Churches in Communion with The Diocese of California American Catholic Church
a) The procedure to be followed for Incardination of Clergy from
Churches in Communion with The Diocese of California American Catholic Church is the same as that for Incardination from another
Diocese of The Diocese of California American Catholic Church.
b) In this context, the term "Churches in Communion with The
Diocese of California American Catholic Church” shall be defined
as those ecclesiastical bodies which established formal
intercommunion agreements with The Diocese of California American Catholic Church and are approved for this purpose by the
College of Bishops.
Canon VI-1.8.3
Incardination from other Churches
a)
In addition to a letter of Excardination from the Church that
they are leaving, Clergy desiring Incardination from Churches
not in Communion with The Diocese of California American Catholic Church must submit documents attesting to the valid
reception of the Sacrament of Holy Orders to the highest Order
they have attained, and documentation which proves the valid
Apostolic Succession of the person who ordained them to each
Order. Those ordained by female bishops will be re-ordained sub-conditione
by a male bishop in the ACC with unquestioned Apostolic
Succession until such time as the Roman and Orthodox Churches
ordain women.
b) A Diocesan Bishop may, upon request by a presbyter or Deacon
possessing a letter of excardination and other required
documentation, and who meets the qualifications for their Holy
Order established in this Constitution, incardinate or decline
to incardinate that member of the Clergy into their Diocese from
any Church in their sole discretion.
c) Persons in the Holy Order of Bishop may be incardinated into
The Diocese of California American Catholic Church only with the
concurrence of the College of Bishops by majority vote. The role
such Bishop shall exercise within the Church shall also be
established by majority vote of the College of Bishops.
d) Documentation of Apostolic Succession need trace Succession
only as far as the Roman Catholic or Orthodox Church. Standard
reference materials which sustain the claim of Apostolic
Succession may be employed in subsustaining Succession.
e) Persons whose Orders or Succession cannot be validated may
receive the Orders of Deacon or Presbyter sub-conditione in the
discretion of the Diocesan Bishop receiving them into their
Diocese.
f) Persons in the Order of Bishop may be consecrated sub-conditione
only with the concurrence of the College of Bishops.
g) Candidates for incardination into The Diocese of California American Catholic Church in the Order of Bishop from other
Catholic Communions, generally, shall not receive sub-conditione
re-consecration in The Diocese of California American Catholic Church unless in the opinion of the College of Bishops,
there is grave reason to believe that the candidate for
incardination is, indeed, not validly consecrated as a Bishop.
Canon VI-8.4
Incardination of Bishops and Clergy of Jurisdictions Uniting
with the Diocese of California American Catholic Church
a) The
Presiding Bishop, along with the College of Bishops, upon a
finding of mutual interest in the uniting of another Catholic
jurisdiction not currently under its jurisdiction, shall enter
into discussions with said jurisdiction and develop a
Declaration of Unity Agreement which shall establish all the
terms upon which the unification shall take place.
b) Upon the
mutual written execution of the Declaration of Unity Agreement,
unless otherwise stated and stipulated to therein, all Clergy
members of said jurisdiction shall be incardinated into the
American Catholic Church and all laity and religious shall be
accepted as full members of each respective category into the
American Catholic Church.
CanonVI-1.9
Excardination
a) Clergy desiring to be excardinated from any Diocese of The
Diocese of California American Catholic Church shall be given a
Letter of Excardination. Such Letter shall state their highest
Holy Order held and shall also state whether they are in good
standing, on Leave of Absence, deposed, or released/expelled
from the Clergy of The American Catholic Church.
b) The act of expelling or releasing someone from the Clergy of
The American Catholic Church, automatically, and as an action of
law, excardinates that person from all jurisdictions of The
American Catholic Church, in which they were then incardinated.
Canon VI-1.9.1
Excardination because of Resignation
If a
member of the Clergy of The Diocese of California American Catholic Church, resigns from the Clergy of The Diocese of California American Catholic Church, or ceases to perform their duties
as a member of the Clergy in a manner anhalogous to resignation,
he or she shall be given a Letter of Excardination. Such action
shall automatically terminate all faculties and release that
person from the Clergy of The Diocese of California American Catholic Church.
Canon VT-1.10
Conduct and Discipline of the Clergy
a)
Because of the great trust placed in the Clergy by the People of
God, The Diocese of California American Catholic Church has the
right to ecclesiastically discipline and censure any member of
the Clergy whose public conduct is such that it may bring
discredit upon the Church. The Diocese of California American Catholic Church may also ecclesiastically discipline or censure
Clergy of The Diocese of California American Catholic Church who
violate any provision of this Constitution or who are
disobedient in matters canonical to their lawful superior,
regardless of their rank or position in The Diocese of California American Catholic Church.
b) The public conduct of the Clergy is to be above reproach.
They are to avoid places and entertainment which would
scandalize the People of God, they are to restrain their use of
profanity, they are to be examples of Christian Charity and Love
to all. They are to scrupulously adhere to the Divine Law, this
Constitution and the Civil Law.
c) Conduct by the Clergy which is contrary to the Law of God or
this Constitution is never sanctioned by the Church. When such
conduct is discovered, immediate action shall be taken to
address the misconduct.
d) Whenever a violation of appropriate public conduct or a
violation of canonical obedience to a lawful superior or of this
Constitution is alleged against any member of the Clergy, that
person's Diocesan Bishop shall convene a tribunal to adjudicate
the matter and in which evidence in support and refutation of
the allegation shall be presented. If the accused is a Bishop,
the allegation shall be referred to the College of Bishops for
similar adjudication.
e) When there is reason to believe that a member of the Clergy
is suffering from a mental illness or an addiction which is
affecting their performance as a member of the Clergy, a
judicial tribunal shall be convened to determine the attendant
facts under procedures defined herein.
f) Misconduct on the part of the Clergy is the sole
responsibility of that person. The Diocese of California American Catholic Church does not employ Clergy and has no
obligation as an employer in regard to its Clergy.
Canon VI-1.10.1
Dress of the Clergy
Whenever they are acting in their capacity as Clergy of The
Diocese of California American Catholic Church, the Clergy shall
wear appropriate clerical clothing.
a) Members of Religious Orders may wear the Habit appropriate
for their Order. The color and style of the habit of Religious
Orders shall be determined by the Order with the concurrence of
the College of Bishops (for national Orders) or the Diocesan
Bishop (for Diocesan Orders).
b) Clergy who are not members of Religious Orders, and Clergy
who are Religious at times when they are not wearing the Habit
of their Order shall wear clerical garb appropriate to their
activity.
c) The color of all formal street clerical attire in The
American Catholic Church is gray or black in the discretion of
the wearer. Other colors are permitted for informal or day-today
wear.
Canon VI-1.10.2
Judicial Tribunals for the Clergy
a) Whenever a member of the Clergy violates the provisions of
this Constitution, commits an offense against the unity of the
Church, including but not limited to, heresy, apostasy or
schism; fails to render canonical obedience to a lawful
superior, or is convicted or pleads guilty to a civil
misdemeanor punishable by more than 1 year incarceration or
felony, they shall be subject to disciplinary action by The
Diocese of California American Catholic Church.
b) Whenever disciplinary action or action due to mental illness
or addiction is contemplated against a member of the Clergy, a
formal inquiry into the facts of that allegation shall be
conducted as quickly as practical.
c) Clergy in the Order of Deacon or Presbyter shall be entitled
to due process and shall be judged within law and equity by a
tribunal consisting of three Clergy in the Order of Presbyter or
Bishop. The Diocesan Bishop shall preside. The evidence in
support of the allegation shall be presented in open session by
a member of the Clergy. The accused shall have the right to
present evidence which is exculpatory, to confront his accuser,
and the right to compel testimony in his/her behalf. The three
judges shall decide if the evidence presented sustained the
allegation by vote. The Diocesan Bishop shall impose penalty for
those found guilty of misconduct or determine actions for those
found to be mentally ill or addicted.
d) If sufficient Clergy cannot be obtained to form a tribunal as
described in the foregoing, the Diocesan Bishop may hear the
matter alone or with reduced numbers of Clergy so long as the
rights of those under inquiry are sustained. Tie votes shall be
adjudged in the favor of the one under inquiry.
e) Clergy in the Order of Bishop shall be judged by the College
of Bishops. The Chancellor of The Diocese of California American Catholic Church shall preside. The evidence in support of
the allegation shall be presented in open session by a member of
the Clergy. The accused shall have the right to present evidence
which is exculpatory, to confront his accuser, and the right to
compel testimony in their behalf. The College of Bishops, by
vote, shall determine if the evidence presented sustained the
allegation and shall impose penalty for those found guilty of
misconduct or determine actions for those found to be mentally
ill or addicted. Tie votes shall be adjudged in the favor of the
one under inquiry.
f) A detailed record of the evidence presented in a tribunal
both for and against the accused shall be made and maintained by
the Diocesan Bishop, for Presbyters and Deacons, and by the
College of Bishops for Bishops. This record shall be made
available to the General Conference in the event of an appeal of
the findings and/or penalty by the accused.
Canon
VI-1.10.2.1 Disciplinary Penalties of the Clergy
The penalties which may be assessed against a member of the
Clergy found guilty of misconduct may be if deemed appropriate
in the tribunal documents: Informal Reprimand, Formal Reprimand,
Involuntary Leave of Absence from the Clergy, removal from
office, and/or expulsion from the Clergy of The Diocese of California American Catholic Church.
Canon
VI-1.10.2.1.1 Minor Canonical Offenses by the Clergy
Those found guilty by a tribunal of a minor offense against this
Constitution, or of a minor instance of willful canonical
disobedience to a lawful superior may be subject to the
following potential penalties: Informal Reprimand, Formal
Reprimand, and if deemed appropriate in the tribunal documents
placed on an Involuntary Leave of Absence from the Clergy of The
Diocese of California American Catholic Church for a period of
not more than 3 months.
Canon
VI-1.10.2.1.2 Serious Canonical Offenses by the Clergy
Those found guilty by a tribunal of a serious offense against
this Constitution, serious willful canonical disobedience to a
lawful superior, or a serious offense against the unity of the
Church may be deposed from all offices which they then hold and
may incur if deemed appropriate any of the following penalties:
Formal Reprimand, and/or Involuntary Leave of Absence from the
Clergy of The Diocese of California American Catholic Church for
a period of not more than 2 years .
Canon
VI-1.10.2.1.3 Grave Canonical Offenses by the Clergy
Those found guilty by a tribunal of a grave offense against this
Constitution, grave willful canonical disobedience to a lawful
superior, or a grave offense against the unity of the Church may
be released from the Clergy of The Diocese of California American Catholic Church, removed from all Church offices that they
then hold, excardinated from all jurisdictions in which they
serve, and all faculties for their celebration of the Sacraments
shall be revoked.
Canon
VI-1.10.2.1.4 Actions in Cases of Alleged Civil Criminal Conduct
by the Clergy
a) Those accused of civil felonies or of misdemeanor(s) with
total penalty in excess of 1 year incarceration, shall be
automatically placed on an Involuntary Leave of Absence from the
Clergy of The Diocese of California American Catholic Church
until such time as their civil case is adjudicated.
b) Those found guilty or pleading guilty to any misdemeanor(s)
with total penalty in excess of 1 year incarceration, shall be
deposed from any offices which they then hold and may be placed
on Involuntary Leave of Absence until such time as their civil
penalty is concluded and their Diocesan Bishop or the College of
Bishops may, in their sole discretion, reinstate them.
c) Those found guilty or pleading guilty of any civil felony may
be released from the Clergy of The Diocese of California American Catholic Church, deposed from all Church offices that they
then hold, excardinated from all jurisdictions in which they
serve, and all faculties for their celebration of the Sacraments
may be permanently revoked.
Canon
VI-1.10.2.1.5 Actions in Cases of Mental Illness and Addiction
in the Clergy
a) If it is determined by a tribunal that a Priest, Deacon or
Auxiliary or Coadjutor Bishop is mentally ill or addicted in any
way, except to tobacco, the Diocesan Bishop having jurisdiction
shall place the individual on Involuntary Leave of Absence.
b) If it is determined by the College of Bishops that a Diocesan
Bishop or the Presiding Bishop is mentally ill or addicted in
any way, except to tobacco, the College of Bishops may remove
them from Office and shall place the individual on Involuntary
Leave of Absence.
Canon VI-1.10.3
Right of Appeal
a) Any member of the Clergy on whom a penalty of release from
the Clergy of The Diocese of California American Catholic Church, or removal from Office is assessed under this
Constitution and any member of the Clergy who is placed on an
Involuntary Leave of Absence due to alleged misconduct, mental
illness and/or addiction shall have the right to appeal.
b) Appeals of disciplinary action against Clergy are first heard
by the Chancellor/Ecclesiastical Advisor of The Diocese of California American Catholic Church, in their role as arbiter
of this Constitution. They may sustain or reject the appeal.
Rejected appeals may be further appealed to the General
Conference.
c) The General Conference, acting in this appellate role, may
render its decision by review of the record of a tribunal or may
take testimony in its sole discretion.
d) The Chancellor/Ecclesiastical Advisor shall preside at all
appeals of disciplinary action to the General Conference.
e) During the appeal, all actions against the appellant except
Involuntary Leave of Absence shall be held in abeyance. A Simple
majority vote of those voting shall be sufficient to sustain or
reject the appeal.
f) The decision of the General Conference is final and binding.
Canon VI-1.11
Ordinary and Delegated Authority
a) Clergy have authority to perform their duties according to
the needs of their office. Certain authority is ordinary in
nature meaning that it results from the possession of an office
or a duty (e.g. the Diocesan Bishop has ordinary authority to
administer any Sacrament within his/her Diocese.) Delegated
power or authority is granted by authorization of another who
possesses ordinary authority (e.g. a Diocesan Bishop grants
faculties to a Presbyter to administer Confirmation because the
Confirmandis are located at a distance which does not permit the
Diocesan Bishop to administer the Sacrament themselves.)
b) One who has ordinary power or authority may delegate it in
their discretion subject to any restrictions imposed by
Sacramental requirements or this Constitution.
Canon VI-1.11.1
The Ordinary
Whenever herein the term “Ordinary” is used as a proper noun
referring to a person, such usage shall be defined as one who is
exercising the role of Diocesan Bishop, with all rights and
privileges appertaining thereto, whether as head of his/her own
Diocese or as Apostolic Vicar.
^back to top
Chapter 2
The Presiding Bishop of The Diocese of California American Catholic Church,
Canon VI-2 The Presiding Bishop
The Diocese of California American Catholic Church shall have
one Presiding Bishop who shall act as the spiritual guide of the
Church.
Canon VI-2.1
Duties, Rights and Privileges of the Presiding Bishop
a) The duty of the Presiding Bishop of The Diocese of California American Catholic Church, shall be to exercise a ministry of
inspiration and leadership to the People of God in The Diocese of California American Catholic Church, Lay, Religious, and
Clergy. He/she shall inspire and lead by example and
exhortation, so as to build up the Kingdom of God on earth.
b) As Christ established Peter as leader of the Apostles, but
did not give him power to command them, so the Presiding Bishop
may not command their brother/sister Bishops nor do they owe
them obedience in their role as Presiding Bishop. However, as
Peter led the Apostles and the Church by example and teaching,
so the Presiding Bishop leads the Bishops and The Diocese of California American Catholic Church, by example and teaching,
and as the Apostles followed Peter in charity and fraternal
support, so the Bishops and the Church follow the Presiding
Bishop as he leads them in building the Kingdom of God on earth.
c) It shall be the particular duty of the Presiding Bishop to
act as advocate and guardian of the Sacraments, assuring their
continual integrity and conformance to Sacred Tradition. He/she
shall exercise this function by referring his concerns in this
area to the College of Bishops for their action.
d) During the Presiding Bishop's term of office, the Presiding
Bishop shall be welcomed in all territories of The Diocese of California American Catholic Church.
e) The Presiding Bishop shall have voice and vote in the General
Conference and the College of Bishops but may not veto any
action of either body. The concurrence or confirmation of the
Presiding Bishop is not required for the validity of
legislation.
f) As the role of the Presiding Bishop is to be that of a
spiritual leader, the Presiding Bishop has no administrative
authority or duties in The Diocese of California American Catholic Church except those that may pertain to their role in their
own Diocese, if any and their role as President of the College
of Bishops.
g) The Presiding Bishop, acting alone, may not impose
legislation on the Church, nor may the Presiding Bishop assume
supreme powers in the Church. Such actions, if attempted, shall
constitute a crime against the unity of the Church.
Canon VI-2.2
Qualifications of the Presiding Bishop
a)
The Presiding Bishop shall have been a Diocesan or Coadjutor in
The Diocese of California American Catholic Church, for at least
3 years and shall have been elected to the office of Presiding
Bishop in accordance with the procedures set forth herein.
b) The College of Bishops may waive any requirement for the
office of Presiding Bishop in individual cases except that they
be a validly consecrated Bishop in good standing and
incardinated into The Diocese of California American Catholic Church at the time of their installation.
Canon VI-2.3
Election of the Presiding Bishop
a) Whenever there is a vacancy in the office of Presiding
Bishop, regardless of cause, the College of Bishops shall within
60 days of the date the office of Presiding Bishop fell vacant,
assemble a commission consisting of one representative from each
Diocese which shall be called the Primatial Selection
Commission. The Commission may have Clergy or Lay members;
however, there shall be at least one member of the Clergy on the
Commission.
b) The members of this Commission shall select a candidate or
candidates for Presiding Bishop from among those eligible for
the office of Presiding Bishop. The procedures by which they
shall conduct their business is in their discretion. The senior
member of the Clergy on the Commission, by date of ordination to
their current Order, shall act as leader of the Commission.
c) No member of the Primatial Selection Commission may nominate
themselves for the office of Presiding Bishop nor may they
collude with other members to cause their own nomination.
However, membership on the Primatial Selection Commission does
not disqualify one from candidacy for the office of Presiding
Bishop if otherwise eligible.
d) Upon making their nomination(s), the Commission shall inform
the College of Bishops of the identify(ies) of the nominee(s).
e) Once the Primatial Selection Commission has made known its
candidate(s), the College of Bishops, acting corporately, shall
elect the Presiding Bishop by simple majority vote.
f) If none of the candidates receives a majority vote, the
Primatial Selection Committee shall reconsider the nominees,
adding or removing nominees, or selecting an(other) candidate(s)
as necessary and submitting them for vote to the College of
Bishops as required by this Canon. This process shall continue
until a new Presiding Bishop is elected.
g) Until such time as a new Presiding Bishop is chosen, the most
senior Bishop of the College of Bishops, by date of consecration
to the episcopacy, shall perform the duties of Presiding Bishop.
Canon VI-2.4
Installation of the Presiding Bishop
The Presiding Bishop shall be installed, and their term of
office commence immediately after their election. The term
"immediately" shall be construed to mean: "as soon as practical
and without undue delay."
Canon VI-2.5
Term of Office of the Presiding Bishop
The Term of Office of the Presiding Bishop shall be 5 calendar
years dated from the date of his/her election. The Presiding
Bishop may succeed themselves in office as often as they are
re-elected to this position.
Canon VI-2.6
Resignation, Incapacity and Removal from Office of the Presiding
Bishop
a) The Presiding Bishop may resign their office at any time
without stating a reason for such resignation by so notifying
the College of Bishops in writing. The approval of such
resignation by any person is not required. Unless indicated to
the contrary within the resignation, the resignation shall be
effectively immediately.
b) The College of Bishops may, by majority vote, remove the
Presiding Bishop from office for crimes against the unity of the
Church, apostasy, heresy, and schism for violations(s) of the
provisions of this Constitution, for reason of physical health
or mental illness which, in the opinion of the College of
Bishops, impairs the performance of his/her duties, or for
reason of conviction of civil crime as defined in this
Constitution.
c) The Presiding Bishop may also be removed from office for
failure to competently and faithfully perform the duties of
their office as required by this Constitution.
d) The Presiding Bishop is fully subject to the provision of
this Constitution for the conduct and discipline of the Clergy.
^back to top
Chapter 3
The Bishops of The Diocese of California American Catholic Church
Canon VI-3 The
Bishop
a) A Bishop is one who has received the Sacrament of Holy Orders
in the Order of Bishop from another Bishop who possesses valid
Apostolic Succession. In the conferral of this Holy Order,
Bishops receive the fullness of the Sacrament of Holy Orders,
are made pastors of Christ's Church, successors of the Apostles,
and teachers of the Holy Faith.
b) As Christ established 12 Apostles and not just one, so it is
that each Bishop, as successors to the Apostles, exercises a
ministry which is theirs by right of ordination and not as a
delegation of some other prelate.
Canon VI-3.1
Qualifications of the Bishops
a) A Bishop in The Diocese of California American Catholic Church may be male or female.
b) No person shall be a Bishop in The Diocese of California American Catholic Church who has not attained 30 years of age.
c) No person shall be a Bishop in The Diocese of California American Catholic Church, who has not validly received the
Sacraments of Christian Initiation and Holy Orders in the Order
of Deacon and the Order of Presbyter.
d) No person shall be a Bishop in The Diocese of California American Catholic Church, who has not functioned in the Order of
presbyter for at least 3 years.
e) No person shall be a Bishop in The Diocese of California American Catholic Church, who has not served as a Pastor of a
Parish or Mission in The Diocese of California American Catholic Church for at least 1 year.
f) No person shall be a Bishop in The Diocese of California American Catholic Church who has not been elected to the Order of
Bishop.
g) No person shall be a Bishop in The Diocese of California American Catholic Church who has been convicted of a civil crime,
except minor traffic violations, without the express review and
approval of the candidate for Orders by College of Bishops to
whom all such candidacies shall be referred.
h) No person shall be a Bishop in The Diocese of California American Catholic Church who is actively addicted in any way,
except to tobacco.
i) No person shall be a Bishop in The Diocese of California American Catholic Church who has an active mental illness.
j) No person shall be a Bishop in The Diocese of California American Catholic Church who is given to violent behavior.
k) No person shall be a Bishop in The Diocese of California American Catholic Church who has demonstrated an inability to
manage their personal and professional affairs.
l) In their sole discretion, the College of Bishops may waive
any requirement for the office of Bishop for individual
candidates except for the valid reception of the Sacraments of
Christian Initiation and Holy Orders in the Order of Deacon and
Presbyter.
Canon VI-3.2
Election of Bishops
a) A Bishop is elected to their office. They may be elected by
the College of Bishops acting alone or by the People of God. If
elected by the People of God, the College of Bishops shall
confirm the election, either by vote or by expiration of the
time-limit for such confirmation imposed by this Constitution.
b) Procedures for election to Episcopal duties of those already
in the Holy Order of Bishops are exactly the same as those who
are not yet in that Order except that they shall require only
ceremonial installation in their new office and do not require
Consecration.
c) In the context of these procedures, the term "People of God"
shall be construed to include all persons who are members of The
Diocese of California American Catholic Church; Lay, Clergy and
Religious; who shall be under the care of the candidate if they
are elected. In this context, persons who are not members of The
Diocese of California American Catholic Church, even if they
receive ministry from The Diocese of California American Catholic Church, Clergy and/or persons who will not receive pastoral
care from the candidate if they are elected, may not initiate or
vote in the Election of a Bishop.
d) Actions in connection with the election of a Bishop herein
assigned to any individual or group shall be performed as a
Sacred Trust to be accomplished expeditiously, fairly and
without prejudice, vindictiveness, malice, favoritism, or
preference. Failure to perform these Sacred roles in a manner in
keeping with the spirit of this Constitution shall be deemed a
serious violation of canonical obedience.
e) Actions in connection with the election of a Bishop herein
assigned to the College of Bishops shall be performed by the
said College corporately by vote and not by any individual or
officer of the said College, nor by the Presiding Bishop, acting
along.
f) A candidate for Bishop may decline election without stating a
reason.
g) The election of a candidate to the Order of Bishop by the
People of God ought not to be rejected by the College of Bishops
except for serious cause. Therefore, grounds for rejection of a
Bishop-elect by the College of Bishops shall be limited to;
proven moral turpitude, heresy, apostasy, schism, suspension or
other disciplinary action imposed by The Diocese of California American Catholic Church in effect at the time of election,
allegation or conviction of a civil felony or misdemeanor with a
penalty in excess of 1 years incarceration, proven coercion or
fraud in the election, or lack of qualification of the candidate
for the Order of Bishop as defined herein.
h) The confirmation of the election by the People of God of a
candidate to the Order of Bishop by the College of Bishops,
whether by express action or by expiration of the time limit for
their action is final and not subject to confirmation or veto by
any person or group whatsoever.
i) Signatures on a Document of Election which are fraudulent
coerced, or which cannot be verified shall be void and the total
of the vote shall be adjusted as if they were not cast. However,
they shall not, individually invalidate the entire election. The
election shall be invalid only if a simple majority of the votes
cast are determined to be invalid or fraudulent or if the
candidate was complicitous in the fraud or coercion.
j) A Document of Election of a Bishop shall include a request
that a Bishop be consecrated or installed in a named position
(e.g. Diocesan Bishop) and must name a specific candidate. The
request, position and candidate's name shall appear on each page
of the Document of Election. The Document will include space for
each person voting to sign their name, print their name, and
include their telephone number and address. It will also include
space for the person voting to indicate their acceptance or
rejection of the candidate.
Canon VI-3.2.1
Election of a Bishop Initiated by the College of Bishops
a) When the College of Bishops perceives the need for a Bishop,
the College of Bishops may elect a Bishop on its own initiative.
A candidate is elected if a simple majority of the College of
Bishops agrees to their election. The Diocesan Bishop of the
Candidate shall immediately notify the Bishop-elect of their
election and obtain their consent of the election.
b) If the Bishop-elect accepts election and is a Presbyter, the
Bishop-elect shall then select 3 Bishops from the College of
Bishops to be their consecrating Bishops. They shall also set a
mutually agreeable date for their consecration. Such date shall
occur as soon as practical after the election of the Bishop.
c) If the Bishop-elect accepts election and is already a Bishop,
they shall select at least one male Bishop from the College of
Bishops to preside at their liturgical installation.
Canon VI-3.2.2 Election of a Bishop in Ordinary Circumstances
In most circumstances the election of a Bishop is not initiated
by the College of Bishops but is initiated due to events in the
life of the Church. These events include the vacancy in the
office of Diocesan Bishop in a new Diocese or upon the death,
resignation, deposition, or retirement of a Diocesan Bishop. The
procedures herein governing such circumstances will be followed.
Canon
VI-3.2.2.1 Election of a Diocesan Bishop
When
there is a vacancy in the office of Diocesan Bishop for any
cause, in the absence of a Coadjutor Bishop with right of
succession; the Diocesan Administrator as herein defined shall
select a candidate from among the eligible Presbyters or Bishops
of the Diocese and initiate the election of a Bishop. The
election shall be initiated within 30 days of the office
becoming vacant or the creation of the Diocese and will follow
the procedures defined herein for the election of a Bishop by
the People of God.
Canon
VI-3.2.2.2 Election of Coadjutor and Auxiliary Bishops
When a Diocesan Bishop perceives the need for a Coadjutor or
Auxiliary Bishop, they select a candidate for the position from
among their Presbyters or Bishops and initiates an election of a
Bishop which shall conform to the procedures for election of a
Bishop by the People of God herein defined.
Canon
VI-3.2.2.3 Election of a Bishop Initiated by the People of God
When
the People of God determine a need which is confirmed by the
College of Bishops, for a Bishop to serve them, they may elect a
Bishop on their own initiative by following the procedures
herein specified.
Canon
VI-3.2.2.4 Conduct of the Election of a Bishop
a) Except when a Bishop is elected solely by the College of
Bishops, each Bishop shall be elected by vote of the People of
God.
b) Each election of a Bishop by the People of God shall be
confirmed by the College of Bishops.
c) To accomplish an election of a Bishop in ordinary
circumstances, a Document of Election shall be created
specifying the candidate by name and the position or office they
shall fill as Bishop. A copy of this Document of Election shall
be made available in all parishes and missions which the
candidate will serve as Bishop at each Sunday Mass for four
consecutive Sundays for the consideration and vote by the People
of God.
d) To vote, each person voting signs the Document of Election.
Each person voting must sign their full name, print their full
name, and include their home telephone number or mailing
address.
e) Only those persons who are members of The Diocese of California American Catholic Church who will be served by the proposed
Bishop, and who are at least 18 years of age may vote in the
election of a Bishop.
f) At the conclusion of the time for voting, the Document(s) of
Election shall be forwarded to the Diocesan Bishop or Diocesan
Administrator. It is their duty to assure themselves of the
fairness and accuracy of the election. The specific procedure
they shall follow to accomplish this is in their sole
discretion.
g) The Diocesan Bishop or Diocesan Administrator shall tally all
valid votes for and against the candidate. This tally shall be
completed within 10 calendar days of the conclusion of the
election. A candidate is elected if a simple majority of the
verified signatures on the Document of Election agree to their
election as Bishop.
h) If the voting resulted in the election of a Bishop, the
Diocesan Bishop or Diocesan Administrator will certify
authenticity and results of the election to the College of
Bishops immediately. If the tally of votes does not result in an
election, they will return the Document of Election to its point
of origin, certifying that there were insufficient votes for
election.
I) The College of Bishops shall have 10 calendar days from the
date of notification of a valid election to accept or reject the
election of the Bishop-elect by a simple majority vote. If the
College of Bishops rejects the election, they shall notify the
People of God through the Diocesan Bishop or Diocesan
Administrator of their decision and shall include an appropriate
explanation for their decision.
j) If the College of Bishops accepts the election but the
College fails to reject the election within the specified
period, the election results become final pending the acceptance
of election by the Bishop-elect. No further confirmation of the
election by any person is required.
k) The Diocesan Bishop or Diocesan Administrator will
immediately notify the Bishop-elect of the confirmation of their
election and obtain their consent to the election.
l) If the Bishop-elect declines election, the election results
shall be void and the Diocesan Bishop or Diocesan Administrator
shall so notify the People of God and reinitiate the process of
election.
m) If the Bishop-elect accepts election and is a Presbyter, the
Bishop-elect will select 3 Bishops from the College of Bishops
to be their Consecrating Bishops.
Until such time as the Roman and Orthodox Churches accept female
ordination, the principal consecrator shall be a male. They
shall arrange a mutually agreeable date for the Consecration
ceremony which shall occur as soon as practical after the
election of the Bishop and not later than 180 calendar days from
the date of election of the Bishop-elect.
n) If the Bishop-elect accepts election and is already in the
Holy Order of Bishops (e.g. one who was incardinated from
another Communion or in circumstances where an Auxiliary or
Coadjutor Bishop in another Diocese is elected to be Diocesan
Bishop of a Diocese not their own etc.) they shall select at
least one Bishop from the College of Bishops to preside at their
liturgical installation. The installing Bishop shall be the
Diocesan Bishop for their Coadjutor and/or Auxiliary Bishops.
Canon VI-3.3
Consecration/Ordination of Bishops
a) All Bishops of The Diocese of California American Catholic Church shall be Ordained to the Order of Bishop (i.e.,
Consecrated) according to Rites approved for The Diocese of California American Catholic Church by the College of Bishops.
b) Consecration to the Episcopacy imparts a permanent Charism.
While a Bishop may resign, retire, be deposed, and/or removed
from exercising their ministry, they nevertheless, never ceases
to be a Bishop once validly consecrated.
c) The Diocese of California American Catholic Church Bishops
may participate as Consecrator in consecrations of Bishops or as
Ordaining Bishop for Presbyters and/or Deacons for other
ecclesiastical communions in their sole discretion, even in
circumstances where such consecrations would not be permitted
for The Diocese of California American Catholic Church by this
Constitution. In such circumstances it shall be made plain that
they are acting in their own right and not as representatives of
The Diocese of California American Catholic Church.
Canon VI-3.4
Duties, Rights and Privileges of Bishops
a) Bishops have the duty to minister the Sacraments for which
they are the ordinary minister (i.e. in addition to those of the
Presbyter Order, Confirmation and Holy Orders.)
b) Bishops have the duty to lead, guide and shepherd the People
of God.
c) Bishops have the duty to celebrate the Holy Eucharist at
least once each week on Sunday for the intention of the People
of God under their Episcopal Care.
d) Bishops have the duty to teach the Gospel.
e) Bishops have the duty to consecrate articles and implements
used in worship.
f) Bishops have the duty to preside in ecclesiastical
disciplinary proceedings of Presbyters and Deacons to judge in
disciplinary proceedings of Bishops and to affix penalty to all
who are found guilty in either type proceeding.
g) Bishops have the duty to vote as a member of the College of
Bishops in matters of their jurisdiction.
h) Within the scope of their jurisdiction, Bishops have the duty
to implement this Constitution and all legislation enacted by
the General Conference.
i) Bishops have the unrestricted right to be heard and consulted
in all matters concerning the governance of the Church.
According to their assigned ministry, they may have additional
rights, authority and privileges.
j) By virtue of their ordination to the Orders of Presbyter and
Deacon, Bishops retain all rights, privileges and duties of
those Orders.
Canon VI-3.5
The Diocesan Bishop
a) The head of a Diocese is the Diocesan Bishop. In this
capacity, they are also known as the Ordinary. By virtue of
office, the Diocesan Bishop possess all ordinary, proper and
immediate power necessary for this pastoral office within their
Diocese, except for those powers reserved for the General
Conference and other ecclesiastical offices. The actions,
legislation, and decisions of the Diocesan Bishop are subject to
review and revocation only by the College of Bishops for just
cause.
b) Whenever herein the term Diocesan Bishop applies to some
duty, right or privileges appertaining to that office, such
reference shall equally apply to an Apostolic Vicar within and
for their Vicariate.
c) A Diocesan Bishop shall reside within the boundaries of their
Diocese. If a Diocesan Bishop relocates their residence to a
place which is outside their own Diocese, he ceases to be a
Diocesan Bishop as an operation of law. In doing so, they
relinquish all duties, rights and privileges appertaining to the
office of Diocesan Bishop which are not granted by right of
Sacramental Ordination.
d) If the new residence of a former Diocesan Bishop who has
relocated their residence outside their prior Diocese is within
the boundaries of another Diocese, they immediately become
subordinate to the Diocesan Bishop of the Diocese into which
they have relocated and may exercise ministry there only with
grant of faculty from the Diocesan Bishop having jurisdiction.
e) If the new place of residence of a former Diocesan Bishop who
has relocated their residence outside their own Diocese is
within an Apostolic Vicariate, they immediately assume duties as
Apostolic Vicar, replacing the current Apostolic Vicar as an
operation of law, and may petition the College of Bishops to
erect the Vicariate, or a portion thereof, as a Diocese.
f) The place of residence of a Diocesan Bishop shall be defines
as that location which is their residence for purposes of civil
law. Such residence shall be reported and maintained current
with the President of the College of Bishops.
g) No person shall hold the office of Diocesan Bishop in more
than one Diocese simultaneously. However, Diocesan Bishops may
function as Ordinary in a Diocese other than their own while
remaining Diocesan Bishop when they are acting as Diocesan
Administrator during a vacancy in the office of Diocesan Bishop
of another Diocese, or in the capacity of Apostolic Vicar in an
area not incorporated into a Diocese.
h) By virtue of office, Diocesan Bishops possess faculties for
all Sacraments within their own Diocese.
i) Diocesan Bishops are ranked by their date of consecration and
are next behind the President of the College of Bishops in
precedence. Within their own Diocese, however, the Diocesan has
right of precedence over all Bishops except the Presiding
Bishop.
j) A Diocesan Bishop is elected to their post by the procedures
contained in this Constitution for such election.
k) The Diocesan Bishop has the duty to select and train worthy
candidates for Holy Orders. To this end, each Diocesan Bishop
shall create and maintain a program of initial and continuing
education for candidates for, and members of the Clergy.
l) By virtue of office, the Diocesan Bishop has the unrestricted
right to ordain any male or female person meeting the
qualifications contained in this Constitution to the Order of
presbyter or Deacon within and for their own Diocese in their
sole discretion and subject to review by no other.
m) The term of office of a Diocesan Bishop shall be the
remainder of the Bishop's life unless the Bishop shall earlier
resign, retire or be deposed.
n) By virtue of their office, the Diocesan Bishop possesses all
legislative and judicial authority necessary of the performance
of their duties and for their own Diocese. Therefore, Diocesan
Bishops possess the right to enact and enforce such legislation
and regulations for use in their own Diocese as they may, in
their sole discretion, deem necessary and appropriate. All such
regulations and legislation are subject to such restrictions as
maybe placed upon such actions by this Constitution and by
national legislation enacted by the General Conference. All
disciplinary actions remain subject to appeal to the General
Conference.
o) In and for their own Diocese, Diocesan Bishops possess the
right to appoint and depose subordinates to/from their
respective duties and ministries in their sole discretion,
subject to such restrictions as may be imposed on such
appointments and depositions by this Constitution and such
national legislation as may be enacted by the General
Conference.
p) Additional duties are imposed by this Constitution on
Diocesan Bishops.
Canon VI-3.5.1
Vacancy in the Office of Diocesan Bishop
a) When the office of Diocesan Bishop falls vacant for any cause
whatsoever, the Coadjutor Bishop with right of succession
automatically assumes the office of Diocesan Bishop as a matter
of right and by operation of law.
b) In the absence of a Coadjutor Bishop, the most senior
Auxiliary Bishop, by date of consecration to the Episcopacy,
assumes the duties of Diocesan Administrator and shall proceed
to elect a new Diocesan Bishop, according to procedures set
forth herein for the election of a Diocesan Bishop, within 30
calendar days of the date on which the office of Diocesan Bishop
fell empty.
c) In the absence of an Auxiliary Bishop, the nearest Diocesan
Bishop shall assume the duties of Diocesan Administrator and
shall proceed to elect a new Diocesan Bishop, according to
procedures set forth herein for the election of a Diocesan
Bishop, within 30 calendar days of the date on which the office
of Diocesan Bishop fell empty.
Canon VI-3.7
Coadjutor Bishop with Right of Succession
a) A Coadjutor Bishop with right of succession is appointed by
the College of Bishops upon a request by, or at least with the
concurrence of the Diocesan Bishop. If the candidate is not
already an Auxiliary Bishop of the Diocese, they shall be
elected to the Order of Bishops according to the procedures for
the election of Auxiliary Bishops defined herein.
b) The Coadjutor is subordinate to the Diocesan Bishop and the
duties of the Coadjutor Bishop are assigned and facilities
granted to the Coadjutor by the Diocesan Bishop.
c) Coadjutor Bishops are ranked by their date of consecration.
Regardless of their date of consecration, Coadjutor Bishops rank
in precedence after Diocesan Bishop.
d) As a matter of right, if the Diocesan Bishop becomes
incapacitated, the Coadjutor assumes the duties of the Diocesan
Bishop, with all rights and privileges appertaining thereto,
until such time as the Diocesan Bishop may again be able to
fulfill his duties. If the Diocesan dies, resigns, retires, or
is deposed, the Coadjutor becomes Diocesan Bishop automatically
as a matter of right.
e) The term of office of a Coadjutor Bishop shall be the
remainder of the Bishop's life unless the Bishop shall earlier
resign, retire or be deposed.
Canon VI-3.8
Auxiliary Bishops
a) An Auxiliary Bishop is a Coadjutor Bishop without right of
succession. Auxiliary Bishops may be appointed by the Presiding
Bishop for the Church or by a Diocesan Bishop for the Diocese
with the concurrence of the College of Bishops. The procedures
for the election of an Auxiliary Bishop in this Constitution
shall be followed.
b) Auxiliary Bishops are ranked by their date of consecration.
Regardless of their date of consecration, Auxiliary Bishops rank
in precedence after Diocesan and Coadjutor Bishops.
c) Auxiliary Bishops are subordinate to their Diocesan Bishop
and the duties of Auxiliary Bishops are assigned and faculties
granted by the Diocesan Bishop.
d) The term of office of an Auxiliary Bishop shall be the
remainder of the Bishop's life unless the Bishop shall earlier
be reassigned, resign, retire, or be deposed.
Chapter 4
Vicars Canon
Canon VI-4
General Definition of Vicars
a) A Vicar is one who acts as the representative of another with
the power and authority of the one in whose name the Vicar acts.
b) The General Conference, the College of Bishops, a Diocesan
Bishop, and the Head of a Religious Order may create Vicars.
c) In the creation of a Vicar, the person so creating the Vicar
delegates some portion of their ordinary authority and power to
the Vicar for the purpose of fulfilling some role or duty. The
degree and terms of such delegation is at the discretion of the
person creating the Vicar.
d) Vicars have do order of precedence except that conferred by
their Holy Orders. Vicars may not exercise Sacramental Powers
which are not theirs by right of Holy Orders.
Canon VI-4.1
Apostolic Vicars
a) In Apostolic Vicariates, the Apostolic Bishop assumes the
pastoral care of an area in which there is, as yet, no Diocese.
b) Apostolic Vicars exercise all duties, rights and privileges
appertaining to Diocesan Bishops in and for the Vicariate.
c) Apostolic Vicars assume this rose as an operation of law
based on their appointment to the Apostolic Vicariate which they
serve by the Presiding Bishop.
d) It is desirable that the territory of the Vicariate of an
Apostolic Vicar be expressly established by the College of
Bishops to avoid confusion.
Canon VI 4.2
Vicar General
a) The Vicar
General includes acting as
the
principal deputy of the College of Bishops for the Church for
the exercise of its administrative authority, including the
authority of the Chancellor.
b)
The Vicar General exercises the College of Bishops’ ordinary
executive power as its agent over the entire Church for
administrative matters, and when acting as agent for the
Chancellor, exercises the ordinary judicial power of governance
exercised in the ecclesiastical court.
Canon VI-5 Pastors Defined
A Pastor is one who possesses at least the Sacrament of Holy
Orders in the Order of Presbyter and who has been given the
responsibility of leading the People of God within a certain
portion of a Diocese of Apostolic Vicariate called a Parish or
Mission.
Canon VI-5.1
Duties, Rights and Privileges of Pastors
a) Pastors have the duty to lead, guide and shepherd the People
of God within their care.
b) Pastors have the duty to minister the Sacraments for which
they are the ordinary minister i.e., in addition to those of the
Diaconate Reconciliation, and Anointing the Sick.
c) Pastors have the duty to celebrate the Holy Eucharist at
least once each week on Sunday for the intention of the People
of God under their Pastoral Care.
d) Pastors have the duty to teach the Gospel.
e) Pastors have the duty, within the scope of their authority,
to implement this Constitution and all legislation enacted by
the General Conference.
f) Pastors possess all ordinary, proper and immediate power and
authority necessary for their office, except those powers and
authority reserved to some other ecclesiastical office and
subject to faculties granted by the Diocesan Bishop.
g) Pastors possess the unrestricted right to be heard by their
Diocesan Bishop, h) Pastors rank in precedence next by date of
their ordination to the Presbyter.
I) All duties, rights and privileges appertaining to Priests
apply to Pastors as well. Additional duties are assigned to
Pastors by this Constitution.
Canon VI-5.2
Appointment of Pastors
a) Pastors are appointed to their office by the Diocesan Bishop
in their sole discretion. The term of office of a Pastor is the
remainder of their life unless they are reassigned, resigns,
retires, or is deposed in accordance with the provisions of this
Constitution.
b) In selecting Priests for the office of Pastor, the Diocesan
Bishop shall seek candidates who are proven shepherds, persons
of tact, holiness, skill, and love of God, God's People and the
Sacraments.
Canon VI-5.3 Installation of Pastors
After their Appointment, Pastors shall be ceremonially installed
in their office by the Diocesan Bishop or their designated
representative.
Chapter 6
Priests Canon
Canon VI-6
Priests Defined
a) A Priest is one who has received the Sacrament of Holy Orders
in the Order of Presbyter.
b) Ordination to the Order of Presbyter imparts a permanent
Charism. While a Priest may resign, retire, be deposed and/or
removed from exercising their ministry, they nevertheless, never
ceases to be a Priest once ordained.
c) Priests possess all ordinary, proper and immediate power and
authority necessary for their duties, except those powers and
authority reserved to some other ecclesiastical office and
subject to faculties granted them by their Diocesan Bishop.
d) By virtue of their ordination to the Order of Deacon, Priests
retain all duties, rights and privileges of that Order.
e) Priests are appointed to their duties by their Diocesan
Bishop. In appointing a Priest to a duty, the Diocesan Bishop
shall not impose any financial, spiritual, familial, or other
burden upon the Priest without their free consent. The Diocesan
Bishop may reassign Priests to other duties at any time in their
sole discretion, subject to the foregoing restriction.
f) Priests of The Diocese of California American Catholic Church
shall be ordained by rites approved by the College of Bishops
for use in The Diocese of California American Catholic Church.
Canon VI-6.1
Duties, Rights and Privileges of Priests
a) Priests have the duty to lead, guide and shepherd the People
of God within their care.
b) Priests have the duty to minister the Sacraments for which
they are the ordinary minister i.e., in addition to those of the
Diaconal Order, Reconciliation, and Anointing the Sick.
c) Priests have the duty to celebrate the Holy Eucharist at
least once each week on Sunday.
d) Pastors have the duty to teach the Gospel.
e) Pastors have the duty to obey their lawful superior in all
matters pertaining to The Diocese of California American Catholic Church.
f) Priests possess the unrestricted right to be heard by their
Diocesan Bishop.
g) By virtue of their ordination, Priests who are in good
standing have the right to celebrate the Sacraments of which
they are the Ordinary Minister subject to the faculties granted
by their Diocesan Bishop.
h) By virtue of their ordination, Priests have the right to
reserve the Most Blessed Sacrament in their private chapel or
oratory for any legitimate purpose. Priests shall exercise due
care and caution in exercising this right and shall arrange for
the proper disposition of the Most Blessed Sacrament in the
event of their death.
i) Priests may not celebrate the Sacraments in a Diocese not
their own without the approval of the Diocesan Bishop having
jurisdiction in that place. Such approval may be verbal or
written and, when granted, constitutes temporary faculty. The
Diocesan Bishop will determine any restrictions as to time,
place, or Sacrament for which he grants such temporary faculty
in his/her sole discretion. Permission to publicly celebrate any
Sacrament may be withheld by the Diocesan Bishop from any Clergy
without explanation in their sole discretion.
Canon VI-6.2
Missionaries
A
Missionary is a member of the Clergy who is assigned the
particular duty of bringing the Gospel of Christ to those who
are not members of His Mystical Body or one who functions within
Mission Territories. All duties, responsibilities and privileges
appertaining to Pastors and Priests apply to Missionaries.
Canon VI-6.3
Associate Pastors
a) An Associate Pastor is a Priest who has been assigned to
assist a Pastor in the care of the People of God. This office is
also known as Assistant Pastor or Curate. An Associate Pastor is
appointed to this role by the Diocesan Bishop and serves at the
discretion and is subordinate to the Pastor. All duties,
responsibilities and privileges appertaining to Priests apply to
Associate Pastors.
b) As the appointment of Pastors is solely at the discretion of
the Diocesan Bishop, the office of Associate Pastor does not
possess or imply a right of succession to the office of Pastor.
Canon VI-6.4
Qualifications and Training of Priests
a) Priests in The Diocese of California American Catholic Church
may be male or female.
b) No person shall be a Priest in The Diocese of California American Catholic Church who has not attained his 25th year.
c) No person shall be a Priest in The Diocese of California American Catholic Church who has not validly received the
Sacraments of Christian Initiation and Holy Orders in the Order
of Deacon.
d) No person shall be a Priest in The Diocese of California American Catholic Church who has not completed a course of study
prescribed by the Vicar of Vocation and Formation and approved
by the Executive Committee . Such course of study shall at a
minimum require theological training in the areas of Holy
Scripture and Tradition, Church History, Liturgics, Christian
Theology, Christian Ethics/Moral Theology,
Ecumenism/Cross-Cultural Pastoral Training, Pastoral Care, and
Practical Ministerial Training, Spiritual Development and
Discipline. It is preferable that the Candidate has, at a
minimum, a Bachelor’s degree and attain at the end of their
training the equivalent of a Master’s degree in some area of
theology or divinity.
e) No person shall be a Priest in The Diocese of California American Catholic Church who has not been found worthy of the Order
of Presbyter by due trial and examination.
f) No person shall be a Priest in The Diocese of California American Catholic Church who has been convicted of a civil crime,
except minor traffic violations, without the express review and
approval of the candidate for Orders by the College of Bishops
to who all such candidates shall be referred.
g) No person shall be a Priest in The Diocese of California American Catholic Church who is actively addicted in any way,
except to tobacco.
h) No person shall be a Priest in The Diocese of California American Catholic Church who has an active mental illness.
I) No person shall be a Priest in The Diocese of California American Catholic Church who is given to violent behavior.
j) No person shall be a Priest in The Diocese of California American Catholic Church who has demonstrated an inability to
manage his/her personal and professional affairs.
Canon VI-6.5
Selection for Ordination to the Priesthood
The Diocesan Bishop in their sole discretion possesses the right
of selection of qualified candidates for the Order of Presbyter.
The foregoing not withstanding, no person may be selected for
ordination to the Order of Presbyter who does not, at a minimum,
possess the qualifications established herein.
Canon VI-6.6
Faculties of Priests
The
right to publicly celebrate the Sacraments or Preach is granted
to Priests by the Diocesan Bishop. Except as provided herein, no
Priest shall presume to publicly celebrate the Holy Sacraments
without permission of the Diocesan Bishop having jurisdiction
over the place of celebration. Faculties are granted by the
Diocesan Bishop in their sole discretion.
Chapter 7
Deacons
Canon VI-7
Deacons Defined
a) A Deacon is one who has received the Sacrament of Holy orders
in the Order of Deacon. Deacons may be permanent or
transitional. Deacons are subordinate directly to the Diocesan
Bishop only, unless assigned duties which are subordinate to
another.
b) Deacons are appointed to their duties by their Diocesan
Bishop. In appointing a Deacon to a duty, the Diocesan Bishop
shall not impose any financial, spiritual, family, or other
burden upon the Deacon without their free consent. The Diocesan
Bishop may reassign Deacons to other duties at any time in their
sole discretion, subject to the foregoing restriction.
c) Deacons shall be ordained by rites approved by the College of
Bishops for use in The Diocese of California American Catholic Church.
Canon VI-7.1
Duties, Rights and Privileges of Deacons
a) Deacons are ministers of Service, Word and Sacrament.
b) Deacons have the duty to be an ordinary minister of Holy
Communion.
c) Deacons have the duty to prepare the altar and the elements
for the celebration of the Holy Eucharist.
d) Deacons have the duty to minister the cup during the
celebration of the Holy Eucharist.
e) Deacons have the duty to solemnly Baptize.
f) Deacons have the duty to officiate at Marriages where
permitted by civil law.
g) Deacons have the duty to proclaim the Gospel solemnly.
h) Deacons have the duty to preach when granted faculties by the
Diocesan Bishop and permitted by the Pastor.
i) By virtue of their ordination, Deacons who are in good
standing have the right to celebrate the Sacraments of which
they are the Ordinary Minister subject to faculties granted by
their Diocesan Bishop.
j) Deacons possess the unrestricted right to be heard by their
Diocesan Bishop.
k) Deacons have the duty to obey their lawful superior in all
matters pertaining to The Diocese of California American Catholic Church.
l) Deacons have the duty to officiate at Holy Unions.
Canon VI-7.2
Transitional Deacons
Transitional Deacons are those Deacons preparing to advance to
the Order of Presbyter.
Canon VI-7.3
Permanent Deacons
Permanent Deacons, generally, do not advance to the Order of
Presbyter but remain in the Order of Deacon for life.
Canon VI-7.4
Qualifications and Training of Deacons
a)
Persons shall be a Deacon in The Diocese of California American Catholic Church who is either male or female.
b) No person shall be a Deacon in The Diocese of California American Catholic Church who has not attained their 21st
year.
c) No person shall be a Deacon in The Diocese of California American Catholic Church who has not validly received the
Sacraments of Christian Initiation.
d) No person shall be a Deacon in The Diocese of California American Catholic Church who has not completed a course of study
prescribed by the Vicar of Vocation and Formation and approved
by the Executive Committee. Such course of study shall at a
minimum require theological training in the areas of Holy
Scripture and Tradition, Christian Theology, Practical Training
in the area of Diakonia and the Diaconate, and Spiritual
Development and Discipline. It is preferable that the Candidate
have at a minimum a Bachelor’s degree and attain at the end of
their training the equivalent of a Certificate in some area of
theology or divinity
e) No person shall be a Deacon in The Diocese of California American Catholic Church who has not been found worthy by trial and
examination of the Order of Deacon.
f) No person shall be a Deacon in The Diocese of California American Catholic Church who has been convicted of a civil crime,
except minor traffic violations, without the express review and
approval of the candidate for Orders by the College of Bishops
to who all such candidates shall be referred.
g) No person shall be a Deacon in The Diocese of California American Catholic Church who is actively addicted in any way,
except to tobacco.
h) No person shall be a Deacon in The Diocese of California American Catholic Church who has an active mental illness.
I) No person shall be a Deacon in The Diocese of California American Catholic Church who is given to violent behavior.
j) No person shall be a Deacon in The Diocese of California American Catholic Church who has demonstrated an inability to
manage his/her personal and professional affairs.
Canon VI-7.5
Selection for Ordination to the Diaconate
The Diocesan Bishop, in their sole discretion, selects
candidates for the Order of Deacon. The foregoing not
withstanding, no person shall be selected for the Order of
Deacon who does not possess the qualifications defined.
Canon VI-7.6
Faculties of Deacons
The right to publicly celebrate the Sacraments or Preach by
Deacons is granted by the Diocesan Bishop. No Deacon shall
presume to publicly celebrate the Holy Sacraments without
permission of the Diocesan Bishop having jurisdiction over the
place of celebration.
Facilities are granted by the Diocesan Bishop in their sole
discretion.
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ARTICLE VII
RELIGIOUS ORDERS
Chapter 1 General Regulation of Religious Orders
Canon VII-1
Regulation of Religious Orders
a) Life consecrated by the profession of the Evangelical
Counsels is a form of living by which members of the faithful,
following Christ more closely under action of the Holy Spirit,
are totally dedicated to God, Who is loved most of all, having
dedicated themselves to God's honor, the building up of the
Church, and the salvation of the world by a special title, they
strive for the perfection of charity in service to the Kingdom
of God, and having become an outstanding sign in the Church they
may foretell the heavenly glory.
b) Christian faithful, who profess the Evangelical Counsels of
chastity, poverty and obedience by vows or promises according to
the proper laws of institutes, freely assume this form of living
in institutes of consecrated life canonical erected by competent
Church authority. Through the charity toward which these
counsels lead, they are joined to the Church and its mystery in
a special way.
c) It belongs to the competent authority of the Church to
interpret the Evangelical Counsels to regulate their practice by
laws, so as to constitute there from stable forms of living by
canonical approbation, and for its part, to take care that the
institutes grow and flourish according to the spirit of their
respective founder(s).
d) Diocesan Bishop may erect or suppress institutes of
consecrated living for their own territory by a formal decree.
The College of Bishops may do so by formal decree for the entire
Church.
e) Each institute, keeping in mind its own character and
purposes, shall define in it Rule of Life and/or Constitutions
the manner in which the Evangelical Counsels shall be observed
for its way of living and shall, further, define the manner of
its governance and administration.
f) Members of Religious Orders who are Clergy exercise public
ministry within any Diocese in the sole discretion of the
Diocesan Bishop and require grant of faculties from the Diocesan
Bishop for the celebration of any Sacrament or the Holy
Eucharist.
g) Diocesan Bishop may not interfere in the internal governance
or administration of an Order. When a Diocesan Bishop is
concurrently the head of a Religious Order, their actions in
regard to the internal governance of that Order are limited by
the scope of authority which the office of head of that Order
supplies.
h) The College of Bishops shall supervise the conduct of
national Religious Orders and may suppress and Order for just
cause. The Diocesan Bishop creating a Diocesan Religious Order
does so for the Order(s) they create.
Canon VII-1.1
Procedures for Instituting a Religious Order
a) Persons desiring to form a national Religious Order in The
Diocese of California American Catholic Church must present a
Rule or form of life for the proposed Order to the College of
Bishops, through their Diocesan Bishop, for approval. The Rule
or Form of Life for a Religious Order which exists and ministers
solely within a Diocese requires approval only by the Diocesan
Bishop of that Diocese.
b) The Diocesan Bishop or the College of Bishops may approve,
disapprove or alter the proposed rule in its sole discretion.
c) The Diocesan Bishop shall act on the proposed Rule or Form of
Life within 60 days of its submission, failure to act within
that time frame shall constitute acceptance of the Rule or Form
of Life.
d) Orders which do not include Clergy among their members shall
provide for the availability of a member of the Clergy of The
Diocese of California American Catholic Church to act in the
capacity of Spiritual Director. Such Director shall not be the
Diocesan Bishop. Orders which include Clergy among their members
shall provide for Spiritual Direction from within their
membership
.
Canon VII-1.2
Lay Institutes, Third Orders and Oblates
Members of the Laity may affiliate in confederations which seek
to advance holiness of the members while not requiring
profession of the evangelical counsels. These groups may be
independent Lay Institutes, or be affiliated with an existing
Religious Order (a "Third" Order or Oblate status). Procedures
for establishing such institutes are the same as that for
Religious Orders.
Chapter 2
The Evangelical Counsels for Religious Orders for The Diocese of California American Catholic Church
Canon VII-2 The
Evangelical Counsels for Religious Orders as Interpreted by The
Diocese of California American Catholic Church
a) Within The Diocese of California American Catholic Church the
vow of Poverty is interpreted to mean that the member shall live
simply and within the means God has provided for the member. If
the members income exceeds their needs, they are encouraged to
employ the excess in ways which mitigate the sufferings or meet
the needs of others, hi all things, the member shall strive for
a life of imitation of the Beatitudes and shall seek to be poor
in spirit.
b) Within The Diocese of California American Catholic Church the
Vow of Chastity shall be interpreted as requiring abstinence
from sexual activity outside a lawful marriage or outside a Holy
Union.
Members of Religious Orders who are unmarried at the time of
Final Profession as defined by their respective Order's Rule
and/or Constitution, shall remain unmarried and chaste
permanently. Married members of Religious Orders who cease to be
married for any cause after Final Profession shall remain
unmarried and chaste permanently.
c) Within The Diocese of California American Catholic Church the
Vow of Obedience is to be interpreted as obedience to the lawful
superiors of the Order in areas pertaining to this Constitution
and adherence to the approved Rule and/or Constitution
applicable to the Order.
Each person making profession in a Religious Order shall, on the
occasion of their profession, solemnly and publicly promise
canonical obedience to this Constitution, to their Order's Rule
and/or Constitution, and to their lawful superior(s).
Obedience is not to be interpreted as absolute acceptance of
commands of a Superior in areas outside the scope of this
Constitution and/or Rule and/or Constitution of the Order.
Specifically, superiors of Religious Orders may not command
members to live in a certain place or manner, work or refrain
from work in a specific employment, marry or refrain from
marriage or Holy Union, or impose financial obligations.
Chapter 3
Discipline of Religious
Canon VII-3
Discipline and Censure of Members of Religious Orders
Members of Religious Orders shall be disciplined according to
procedures in their respective Rule or Constitution. If no such
procedures exist, they may be disciplined or censured as the
Head of the Order may direct. Additionally, members of Religious
Orders who are also Clergy may be disciplined by procedures
established in this Constitution for the discipline of the
Clergy.
Canon VI-3.1
Appeals of Disciplinary Actions by Members of Religious Orders
a) Any member of a Religious Order on whom any censure or
penalty is assessed under this Constitution, and any person
placed on an Involuntary Leave of Absence, regardless of cause,
shall have the right to appeal such action.
b) All appeals of disciplinary action or imposition of
Involuntary Leave of Absence shall first be heard by the
Chancellor of The Diocese of California American Catholic Church
in their role as arbiter of this Constitution. The Chancellor of
The Diocese of California American Catholic Church may sustain
or reject the appeal.
c) If the Chancellor of The Diocese of California American Catholic Church rejects an appeal, the appellant has the right to
appeal the issue to the College of Bishops, who may hear the
appeal in person, by mail, or by telephone.
d) During the appeal, all actions against the appellant except
suspension shall be held in abeyance. A simple majority vote of
those voting shall be sufficient to sustain or reject the
appeal.
Canon VI-3.2
Dispensation from Vows
a) The Diocesan Bishop of any Religious may dispense that
Religious from their vows upon the voluntary application for
such dispensation in their sole discretion. If the Religious is
not in Orders they revert to the Lay state. If the Religious is
in Orders, they revert to the status of Clergy who are not
Religious.
b) A Diocesan Bishop shall notify the Religious Superior of any
Religious they dispense from Vows, in writing, within 10
calendar days of such dispensation.
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ARTICLE VIII
THE LAITY OF THE Diocese of California American Catholic Church
Chapter 1
The Laity of The Diocese of California American Catholic Church
Canon VIII-1
The Laity of The Diocese of California American Catholic Church
Defined
All members of The Diocese of California American Catholic Church who are not members of the Clergy or Religious Orders
are Lay members of The Diocese of California American Catholic Church also known as the Laity.
Canon VIII-1.1
Rights of the Laity
a) The Laity have the right to participate in the Worship of the
Church.
b) The Laity have the right to be heard in matters pertaining to
the organization and governance of the Mission or Parish to
which they belong.
c) The Laity have the right to select representatives (1 per 25
persons in a Parish or Mission) to be members of the General
Conference.
d) The Laity have the right to control matters pertaining to the
financial affairs of the Parish and/or Diocese.
e) The Laity have the right to elect their Diocesan Bishops,
except in extraordinary circumstance where the Diocesan Bishops
is elected by the College of Bishops.
f) The Laity have the right to be consulted by the Pastor and
Diocesan Bishops in all temporal matters of the Parish and/or
Diocese.
g) The Laity have the right to membership in Lay Institutes,
Third Orders and as Lay members of Religious Orders subject to
the Rule and Regulations approved for those institutes and
Orders by the General Conference.
h) The right to full intellectual and spiritual freedom.
Canon VIII-1.2
Duties of the Laity
a) The Laity have the duty to follow the Teachings of Christ in
the Gospel.
b) The Laity have the right to financially support of their
Mission or Parish, Diocese and The Diocese of California American Catholic Church.
c) The Laity have the right to emotionally and spiritually
support of their fellow Christians, Pastor and Bishop.
d) The Laity have the right to participate regularly in the
Worship and Life of the Parish or Mission to which they belong.
e) The Laity have the right to direct and control all matters
pertaining to the finances of the Parish and/or Diocese.
f) The Laity have the right to consult with the Pastor and/or
Diocesan Bishops on all temporal matters of the Church.
g) The Laity have the right to educate themselves and their
children in matters of the Faith, Spirituality and Morality so
as to always conduct themselves according to the teachings of
Christ.
h) The Laity have the right, by work and example, to bring
others to The Diocese of California American Catholic Church.
Canon VIII-1.3
Ministries of the Laity
The
Laity may participate in the Liturgical Ministries of Alter
Server, Lector, Extraordinary Eucharistic Minister. Additional
ministries as Catechist, Visitors to the Sick and Homebound, and
Evangelist are also available to the Laity.
Canon
VIII-1.3.1 Altar Servers
An Altar Server is one who assists the Priest and/or Deacon in
the celebration of Liturgy by performing tasks at the Altar. An
Altar Server must have the Sacraments of Christian Initiation,
have received First Holy Eucharist, be at least 7 years of age,
and possess a nature and dedicated attitude to their duties.
They may be female or male.
Canon
VIII-1.3.2 Lectors
A Lector proclaims the First and/or Second Readings during
Celebrations of the Holy Eucharist and other Liturgical Rites. A
Lector may not, in the presence of a Deacon or Priest, proclaim
the Holy Gospel at such Rites. Lectors must be persons of clear
speaking voice and have adequate reading and presentation skills
so as to be readily understood by the hearer. They may be male
or female.
Canon
VIII-1.3.3 Extraordinary Ministers of the Holy Eucharist
A
Pastor, in his/her sole judgment, may select members of his/her
Parish or Mission community to serve in the role of
Extraordinary Minister of the Holy Eucharist.
Canon
VIII-1.3.4 Catechists and Evangelists
a) Persons with skills as teachers may be employed in the role
of Catechist to teach the message of Christ to their brothers
and sisters, to those who are preparing to receive the
Sacraments of Christian Initiation, those who are inquiring into
the Church, and to the Faithful who are already members of the
Church.
b) Evangelists are those who seek to bring the Good News of
Christ and the story of The Diocese of California American Catholic Church to those who have not heard it or responded to it.
While all Christians and Members of The Diocese of California American Catholic Church are called to this role, members of the
Laity are particularly valuable in this capacity. Canon
VIII-1.3.5 Visitors to the Sick, Elderly and Prisoners
The Gospel of Matthew, Chapter 25:31-46 enjoins all Christians
to care for their brothers and sisters for, in doing so,, they
are caring for Christ. Each Parish and Mission should take
special care to establish a program of visitation to the sick,
elderly, homebound, and prisoners who reside in and near the
Parish and who accept such visits. Furthermore, each Parish and
Mission should establish a committee to administer and
coordinate charitable activities by the Parish.
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ARTICLE IX
CHURCH ADMINISTRATION
Chapter 1
Administrative Agencies
Canon IX-1
Administration Agencies of the Church
All temporal organizations must be administered to assure the
efficient operation of the organization. While recognizing that
The Diocese of California American Catholic Church’s first duty
is to extend the Kingdom of God on earth, it is also true that
the temporal affairs of The Diocese of California American Catholic Church must be tended. To accomplish that function, in
addition to the administrative functions of the General
Conference, the Diocesan Bishops and the Pastors, is the role of
the College of Bishops, the President of the College of Bishops,
Diocesan Offices, and Parish Offices.
Canon IX-1.1
Duties of the Diocesan Office
a) The Diocesan Bishops shall create and maintain records of all
actions relating to hiss/her Diocese. He/she shall arrange for
the proper disposition of all documents relating to his/her
tenure as Diocesan Bishops upon their death or upon leaving
his/her office for any cause. At a minimum, he/she shall
maintain a record of all ordinations and incardinations/excardinations
in or for the Diocese and shall inform the President of the
College of Bishops of all ordinations, incardinations and/or
excardinations and all disciplinary actions occurring within
their Diocese.
b) The Diocesan Bishops shall annually issue credentials to all
Clergy under their authority who are in good standing and shall
revoke and retrieve such credentials from all Clergy who are not
in good standing. Credentials shall be provided to Clergy in
good standing by the 3rd Sunday of Advent each year for the
Church Year then in progress.
c) If a Diocese is suppressed by action of the College of
Bishops, all records of the Diocese shall be transferred to the
care of the President of the College of Bishops.
d) All Dioceses shall maintain financial records which are
sufficient to satisfy the U.S. Internal Revenue Service's
regulations. Funds for all Dioceses shall be maintained in
accounts separate from those for any other purpose. Except for
salary, parsonage, expense reimbursement, and other formal
compensation which it may pay, funds of the Diocese shall not
inure to the benefit of any person associated with the Diocese
without the written concurrence of the Diocesan Bishops and
either the Coadjutor Bishop, the Vicar General, or the Senior
Priest of the Diocese (by date of Ordination), whichever is
applicable.
e) The Diocese shall take possession of and retain all records
for any Parish or Mission under its control which ceases to
exist.
Canon IX-1.2
Duties of Parishes and Missions
a) Pastors shall maintain records of all those who shall receive
the Sacraments of Christian Initiation and/or Matrimony within
their Parish. The name of the celebrant of each of these
Sacraments shall be included in such records.
b) All Parishes and Missions shall maintain financial records
which are sufficient to satisfy the U.S. Internal Revenue
Service's regulations.
c) Funds for all Parishes and Missions shall be maintained in
accounts separate from those for any other purpose.
d) Except for salary, parsonage, expense reimbursement, and
other formal compensation which it may pay, funds for the Parish
shall not inure to the financial benefit of any person
associated with the Parish without written concurrence of the
Pastor.
e) If any Parish or Mission ceases to exist as an ecclesiastical
entity, its records shall be transferred to the Diocesan Office.
Canon IX-1.3
Parish Councils and other Committees
Each Parish shall establish such lay boards and/or committees to
direct the temporal affairs of the Parish as the Diocesan Bishop
shall direct.
Canon IX-1.4
Ownership of Real Estate add other Church Property
a) Real Estate may not be owned by The Diocese of California American Catholic Church. Real Estate may be owned by Diocese
and/or Parishes/Missions of The Diocese of California American Catholic Church in accordance with the procedures herein.
b) Each Diocese and/or Parish/Mission and/or Religious Order
seeking to own Real Estate and purchased with Church funds shall
do so by means of a Corporation or Trust, established to hold
title to the said property for the respective jurisdiction.
c) Property owned by any jurisdiction of The Diocese of California American Catholic Church shall not be sold, given or
transferred to any other person, entity or jurisdiction without
the approval of the Board of Directors of the respective
Corporation or Board of Trustees of the respective Trust.
d) Funds derived from the sale or transfer of Church property
shall be deposited into the account of the jurisdiction which
sold the property and shall not inure to the benefit of an
individual person except lien holders of record.
e) Documents establishing a trust or corporation which holds
real estate for the jurisdiction of The Diocese of California American Catholic Church shall establish ownership rights, if any,
to the property by members of the jurisdiction purchasing the
property.
f) Property held by any jurisdiction is the sole property of
that jurisdiction and not of the Diocese of California American Catholic Church nor any other jurisdiction of the Diocese of California American Catholic Church unless such property was
on loan to that jurisdiction by another jurisdiction of The
Diocese of California American Catholic Church.
g) In any jurisdiction withdraws from The Diocese of California American Catholic Church, its property, whether real or
personal, remains the property of that jurisdiction.
h) If any jurisdiction ceases to exist, its property, both real
and personal, shall be disbursed as its governing documents may
direct. In the absence of express instructions for the
disbursements of the property of any jurisdiction in such
circumstances, title and ownership of the said property shall
pass to the jurisdiction which assumes pastoral care of its area
of responsibility automatically and as an action of law.
Canon IX-1.5
Corporations and Trusts
a) The Diocese of California American Catholic Church shall
exist as a Civil Corporation. The Board of Directors of that
Corporation shall be members of the College of Bishops. The
President of that Corporation shall be the President of the
College of Bishops. Officers of that Corporation, other than the
President, shall be elected by the Board of Directors.
b) Diocese, Parishes and Missions may incorporate at their
discretion, unless their incorporation is required by civil law.
All Diocese, Parishes and Missions desiring to purchase real
estate must incorporate or establish a trust. If the civil law
of the jurisdiction in which the Diocese, Parish or Mission
exists does not permit Churches to incorporate then such
incorporation shall be done in another state which does permit
such incorporation or the Diocese, Parish or Mission may form a
Legal Trust.
Chapter 2
Fund Raising Activities
Canon IX-2 Fund
Raising
a) Each jurisdiction of The Diocese of California American Catholic Church is responsible for raising funds for its own needs.
Any fund raising technique which is in accordance with civil law
in the competent civil jurisdiction is permitted.
b) Funds for operation of the Office of President of the College
of Bishops shall be provided by the Clergy of The Diocese of California American Catholic Church in a manner and amount to
be annually determined by the College of Bishops.
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ARTICLE X
ENACTMENT AND IMPLEMENTATION OF THIS CONSTITUTION
Chapter 1
Enactment of this Constitution
Canon X-l
Enactment
a) This Constitution may be enacted by simple majority vote of
either the General Conference or the College of Bishops under
procedures for such vote in effect at the time of such vote.
b) This Constitution shall become effective immediately upon
enactment.
c) Upon enactment, this Constitution immediately, and as an
operation of law, supersedes and replaces all previous
Constitutions of The Diocese of California American Catholic Church rendering such predecessors void and invalid and
absolving all persons bound to obey them from all requirements
for such obedience.
d) The confirmation and approval of enactment of this
Constitution by any person whatsoever is not required for this
Constitution to become effective nor may its enactment be vetoed
by any person whatsoever.
Chapter 2
Canonical Obedience to this Constitution
Canon X-2
Canonical Obedience Required
a) All persons who shall be ordained to the Holy Orders of
Deacon, Presbyter or Bishop, or who shall be admitted to
profession in any Religious Order, or who shall be incardinated
in any capacity into The Diocese of California American Catholic Church shall, on the occasion of each such ordination,
profession or incardination, solemnly and publicly promise
canonical obedience to this Constitution and to their lawful
superior(s).
b) Upon enactment of this Constitution, all persons then bound
to Canonical Obedience shall be immediately obligated to render
obedience to the provisions of this Constitution. Specifically,
all members of the Clergy as well as members of Religious Orders
who have professed the Evangelical Counsels shall be so bound.
It shall not be necessary for any person already bound to
Canonical Obedience to formally reaffirm obedience to this
Constitution. However, failure to conform to the provision of
this Constitution shall subject the person so failing to the
penalties prescribed herein.
Chapter 3
Implementation of this Constitution
Canon X-3
Responsibility to Implement the Constitution
a) It shall be the duty of the College of Bishops to assure the
full implementation of this Constitution within The Diocese of California American Catholic Church. It shall be the duty of
each Diocesan Bishop to fully implement this Constitution in
their respective Diocese. It shall be the duty of the Head of
each Religious Order to fully implement this Constitution in
their respective Orders.
b) Willful refusal to implement the provisions of this
Constitution shall constitute grave canonical disobedience and
shall subject those failing to implement this Constitution to
the procedures for Clerical and Religious discipline contained
herein.
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