THE CONSTITUTION AND CODE OF CANONS OF AMERICAN CATHOLIC CHURCH DIOCESE OF CALIFORNIA

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 American Catholic Church Diocese of California.


ARTICLE I THE CHURCH

Chapter 1 Name and Jurisdiction

Canon I-1 Official Name

a) The official name of this Church shall be: The American Catholic Church Diocese of California hereinafter referred to as the ACC or, simply, the Church.

 b) Wherever herein The American Catholic Church Diocese of California is referenced by the form The American Catholic Church, 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 American Catholic Church Diocese of California is a completely independent autocephalous (self-governing) Catholic Church.
 

Canon I-1.1 Jurisdiction and Boundaries

a) The boundaries of The American Catholic Church Diocese of California shall be coincident with worldwide boundaries.

b) In addition to the foregoing, The American Catholic Church Diocese of California  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 American Catholic Church Diocese of California.

d) The American Catholic Church Diocese of California shall have jurisdiction anywhere in the world
where it chooses to establish a mission.

e) The American Catholic Church Diocese of California has jurisdiction everywhere within its boundaries.

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Chapter 2 Purpose

Canon I-2 Purpose of the American Catholic Church Diocese of California

a) The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California is a member of The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California, is a member of the ACC.

c) Anyone meeting these criteria who formally affiliates with any parish or mission of the American Catholic Church Diocese of California by registering as a member of that parish or mission shall be considered to have membership in The American Catholic Church Diocese of California.
 

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 American Catholic Church Diocese of California  does not convey the right to vote within the civil corporate structure of The American Catholic Church Diocese of California; nor does it convey equity in the Church nor in any property, real or personal, owned by The American Catholic Church Diocese of California, nor that of any Diocese, Parish, or Mission of The American Catholic Church Diocese of California; 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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California, who are neither members of the Religious Category nor the Clergy category.

b) The Religious membership shall consist of all members of The American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California. 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California and other ecclesial bodies in its sole discretion.

b) Formal Inter-Communion relationships between The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California also accepts the teachings of the Second Vatican Council when these teachings are consonant with Statement of Principles and Beliefs of the American Catholic Church Diocese of California. 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California’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 American Catholic Church Diocese of California

a) The Official Rite for the Celebration of the Holy Eucharist by Clergy of The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

b) The College of Bishops shall publish and maintain official translations of the Official Rite/s of The American Catholic Church Diocese of California so as to promote its uniform celebration. Official Rite/s used by the Clergy of the American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

a) The College of Bishops may authorize the use of rites other than the Official Rite/s of the American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California. 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

b) Use of the rites of the Roman, Orthodox and Anglican/Episcopal communities for the Sacraments is expressly authorized within The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California shall constitute a grave breach of canonical obedience. Upon conviction of this violation, the mandatory penalty shall be release from the Clergy of The American Catholic Church Diocese of California. No person expelled for this reason may ever again be admitted to the Clergy of The American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California by this Canon.

h) Marital infidelity shall be defined in The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California within their boundaries.

e) Ordination to Holy Orders in The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California without explicit dispensation from the College of Bishops.

n) The American Catholic Church Diocese of California’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 American Catholic Church Diocese of California, in their sole discretion. They may do so even in circumstances where such consecrations or ordinations would not be permitted for The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California.

 

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.

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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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California. 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 American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California. 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 American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California voting by the General Conference shall be by secret ballot.

d) When not acting as the appellate judiciary for The American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California. 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:

• History of the Church - which shall see to the creation and maintenance of a historical record of The American Catholic Church Diocese of California.

• Constitution and Code of Canons -- which shall consider and propose changes, updates and revisions to this Constitution and Code of Canons for submission to the General Conference for enactment.

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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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California.

c) The President of the College of Bishops shall maintain a registry of the Clergy, and be custodian of the official archives of The American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California, in the possession of the President of the College of Bishops are the sole property of The American Catholic Church Diocese of California, and must be surrendered on demand of the College of Bishops.
 

Canon IV-2.4 The Chancellor of The American Catholic Church Diocese of California
Ecclesiastical Advisor

a) The Chancellor of The American Catholic Church Diocese of California shall be a member of the Clergy in the Holy Order of Bishop.

b) The duties of the Chancellor of The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California

a) The President of the College of Bishops shall appoint an Archivist for The American Catholic Church Diocese of California.

b) The Archivist of The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California, may be a non-member of The American Catholic Church Diocese of California, employed or volunteering for this purpose.

d) The Archivist of The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California, 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 American Catholic Church Diocese of California or may be a non-member of The American Catholic Church Diocese of California 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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California

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 American Catholic Church Diocese of California 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 American Catholic Church Diocese of California in their role as Spiritual leader of the Church
• The Chancellor of The American Catholic Church Diocese of California- who shall be Vice-Chair of the Committee
• The Administrative Secretary of The American Catholic Church Diocese of California
• The Treasurer of The American Catholic Church Diocese of California
• The Vicar General of The American Catholic Church Diocese of California
• The Vicar of Vocations and Formation of The American Catholic Church Diocese of California.

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 American Catholic Church Diocese of California 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 adher