Thursday, December 13, 2007

DioCF Protocol for Departing Parishes




Greg Griffith
DioCF Protocol for Departing Parishes

Via email:

Dear Brothers and Sisters,

The following Protocol was adopted by the Diocesan Board at my request. Thank you for your prayers on behalf of the meeting. (There were four votes against it and one abstention.)

A Protocol
For
Those Desiring to Disaffiliate
From The Episcopal Church

Adopted by the Diocesan Board
Diocese of Central Florida
December 13, 2007


Vestry Decision

The vote of a Rector and Vestry cannot control whether or not a congregation disaffiliates. Congregations cannot disaffiliate from the Diocese; individual members may choose to do so. However, if the Rector and Vestry decide by at least a 2/3 majority that they believe a substantial majority of the congregation is determined to disaffiliate from the Diocese at some point in the future, they shall immediately notify the Bishop of that fact.

Special Meeting and Member Declaration

Pursuant to a notice approved by the Bishop, the Rector will call a Special Meeting of the congregation with the Bishop or his designee at the earliest mutually agreed time. The Bishop or his designee will preside at that meeting, address the congregation, outline the process, and respond to questions and concerns.

Subsequent to the Special Meeting the clergy and members shall be asked to declare in writing in a manner agreeable to the Rector and the Bishop their answer to the question: "Do you wish to continue your affiliation with The Episcopal Church, Yes or No?" The declarations shall be received from the clergy and members who satisfy the canonical definition of a member in good standing, eligible to vote. A current list of qualified electors shall be used and, if a discrepancy is reported, the Bishop or his designee shall rule on the eligibility of any disputed electors. The tally shall be reported to the Bishop or his designee. Clergy and members who have answered this question in the affirmative shall continue in parochial or diocesan office or appointment. Those answering in the negative shall have, by that declaration, resigned any parochial or diocesan office or appointment.

Mutual Discernment

The Bishop will call a meeting of those members desiring to remain in The Episcopal Church as indicated in the declarations. The Bishop, or his designee, will preside at that meeting. The purpose of the meeting shall be one of mutual discernment regarding two key questions: Is there a viable continuing congregation? And if so, can the continuing congregation maintain its life and ministry within the existing physical plant?

Should the mutual discernment be that a viable continuing congregation does not remain the members shall be asked to dissolve the parish and corporate entity, with all assets reverting to the Diocese of Central Florida. Note that: "whenever the number of persons so associated shall fall below 25, the Ecclesiastical Authority may dissolve the mission." (Canon XIV.5) While this Canon applies to missions, and not to parishes, the Canon provides guidance as to the minimum number of members the Diocese believes is needed to maintain a viable congregation.

Should the mutual discernment be that a viable continuing congregation does remain, and that the continuing congregation can maintain its life and ministry within the existing physical plant, the members shall at that meeting fill any vacancies on the Vestry. Or, the Bishop may appoint at least five of the members of the continuing congregation as an acting Vestry and will appoint an interim senior warden. The Vestry shall take charge of the continuing congregation and establish a plan for its future operation.

Should the mutual discernment be that the continuing congregation cannot maintain its viability in the existing physical plant the continuing congregation shall be asked to empower the Vestry and Bishop to negotiate the sale or lease of the real and/or personal property.

The Bishop shall report the results of the meeting to all parties within one week of the meeting itself.

Possible Sale of Real and Personal Property

Should the continuing congregation be unable to maintain its viability within the existing property, and should the departing congregation desire to acquire the property, the departing congregation shall form a new not-for-profit corporation, "New Church."

Diocesan Canon XXI, "Concerning Real Estate" shall govern any possible transaction between the continuing congregation (if required), the Diocese of Central Florida and the "New Church."


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The Standing Committee then met separately, and passed a motion "advising the Bishop to use great discretion and caution applying the Protocol to avoid litigation."

In other action, the Board received the preliminary report of the Constitution and Canons Committee which advised against adopting the Board's proposed amendment to our Diocesan Constitution regarding our accession to the Constitution and Canons of The Episcopal Church. The Board voted to modify its proposed amendment so that the accession clause would remain as it is now worded, and add to that language from the National Constitution regarding our relationship to the Anglican Communion.

The accession clause would thus read as follows, with the addition underlined:

"The Diocese of Central Florida acknowledges its allegiance to be due to the One, Holy, Catholic, and Apostolic Church of Christ; and recognizing the body known as the Protestant Episcopal Church in the United States of America otherwise known as The Episcopal Church to be a true branch of said Church, having rightful jurisdiction in this country, hereby declares its adhesion to the same and accedes to its Constitution and Canons. The Diocese of Central Florida is a constituent member of the Anglican Communion, a Fellowship of those duly constituted Dioceses, Provinces and regional Churches in communion with the See of Canterbury, upholding and propagating the historic Faith and Order as set forth in the Book of Common Prayer."

This possibility was discussed by the Constitution and Canons Committee and they do not object to it.

Again, thank you for your prayers.


Warmest regards in our Lord,

The Right Rev. John W. Howe
Episcopal Bishop of Central Florida

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Posted December 13, 2007 at 3:54 pm
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