The Episcopal Church in Maine



The Constitution

ARTICLE I


This Church, the Protestant Episcopal Church in the Diocese of Maine, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of that Church, and acknowledges its authority.

ARTICLE II


Section 1. There shall be a Convention of the Church in this Diocese on the Third Wednesday of May at the Cathedral Church, Portland, in each year, unless some other time or place be appointed by the previous Convention or by the Ecclesiastical Authority.

Section 2. A Special Convention may be called by the Ecclesiastical Authority at any time, and shall be called when requested by the Standing Committee.

Section 3. Fourteen days notice of every Special Convention, and of every change in the time and place of the Annual Convention, shall be given to all the Clergy, Parishes and Missions of the Diocese.

ARTICLE III


Section 1. The Convention shall be composed of both clergy and laity.

Section 2. The Bishop of the Diocese shall have a seat and vote in the Convention, and shall preside at all meetings. The Bishop Coadjutor, if there be one, shall have a seat and vote, and, in the absence of the Bishop, shall preside. The Suffragan Bishop, if there be one, shall have a seat and vote and, in the absence of the Bishop and the Bishop Coadjutor, shall preside. In the case of a vacancy in the Episcopate, or of the absence of the Bishop, the Bishop Coadjutor and the Suffragan Bishop, the Convention shall elect a President pro tempore from among the Presbyters entitled to vote.

Section 3. (1) Every Presbyter and Deacon canonically resident in the Diocese shall be entitled to a seat and vote in the Convention, provided that said Presbyter or Deacon be regularly engaged in some Church or Parish in union with the Convention, or be regularly engaged in Missionary or other work in the Diocese under the appointment of the Ecclesiastical Authority or as an officer of some Missionary Society recognized by the General Convention, or as a Military Chaplain, or as a Chaplain in some recognized hospital or other welfare institution, or as a Chaplain or instructor in some school, college, or other seminary of learning, or with some opportunity for the exercise of the office of Presbyter or Deacon judged appropriate by the Ecclesiastical Authority. Other Presbyters and Deacons canonically resident in the Diocese shall be admitted to seats with the right to take part in debate, but shall not have the right to vote; nor shall they be eligible for any office in the gift of the Convention.

(2) Notwithstanding any other provisions of the Constitution, every Presbyter or Deacon canonically resident in the Diocese shall be entitled to a seat and vote in any Convention of the Diocese called to elect a Bishop of the Diocese or a Bishop Coadjutor.

(3) The right to a seat and vote in the Convention shall not be forfeited by any Presbyter or Deacon canonically resident in the Diocese who for at least five consecutive years shall have possessed such right under the provisions of this Article and, after having such right for five consecutive years shall be retired under the provisions of the Church Pension Fund, or shall by reason of age or infirmity, be disabled from the performance of the active duties of the ministry of such Presbyter or Deacon.

Section 4. Each Parish in union with the Convention, or the Vestry thereof, and each Organized Mission in union with the Convention, or the Bishop's Committee thereof, having not less than ten communicants in good standing, may, at any meeting duly convened for the purpose, elect Lay Delegates to represent them in the Convention as follows:

(1) Each having not less than ten or more than twenty-five communicants in good standing may elect one Delegate.

(2) Each having more than twenty-five and not over one hundred communicants in good standing may elect two Delegates.

(3) Each having over one hundred communicants in good standing may elect three Delegates, and one additional Delegate for each one hundred communicants in good standing above the first one hundred. Any fraction over one-half of the stated number shall be counted as that number.

Section 5. Lay Delegates shall be persons of at least 15 years of age, communicants in the Parish or Mission by which they are elected, regular supporters of its work, and shall meet the eligibility standards of the Laws of Maine.

Section 6. (1) No delegate from a Parish or Mission shall be allowed to vote in the Convention unless the Parish or Mission which he or she represents shall have paid all assessments levied upon it pursuant to any Canon within the preceding calendar year. Such delegate shall, however, be entitled to be seated and to participate in the deliberations of the Convention.

(2) No delegate shall be allowed to vote in the election of a Bishop unless the Parish or Mission he or she represents shall have paid all sums due to the Episcopate Fund within the preceding three calendar years prior to the year in which the election is to occur.

(3) No delegate shall be allowed to vote in the election of a Bishop unless the Parish or Mission he or she represents shall have been represented by at least one lay delegate in the three preceding annual Conventions. This provision shall not apply in the event that such a Parish or Mission shall have been in union with the Convention for a lesser period.

(4) The Convention for good cause shown and by two thirds majority vote, may excuse the delegates of any Parish or Mission from the requirements of subsection 3 of this section so long as the Parish or Mission shall have been represented by a lay delegate at at least one of the three preceding annual Conventions.

(5) Any Parish or Mission wishing to apply for the excuse provided in subsection 4 shall state its case in writing to the Credentials Committee of the Convention, which shall report its recommendation to the Convention on such requests.

Section 7. The definition of the words "communicant in good standing”, the manner of ascertaining the number of Delegates to which each Parish or Mission is entitled, and of conducting and certifying their election shall be established by Canon.

Section 8. The evidence of the election of a Lay Delegate shall be a certificate signed by the Rector or Priest in Charge (if there be one), and a Warden or Clerk of the Vestry or Bishop's Committee, which certificate shall declare that the provisions of this Article have been complied with.

Section 9. The Treasurer of the Diocese, the Treasurer of the Maine Episcopal Missionary Society, and the Chancellor of the Diocese shall be entitled to seats and votes in the Convention.

Section l0. No Lay Delegate shall be entitled to a seat in any Convention other than that for which the Delegate was elected.

ARTICLE IV


Section 1. A quorum for the transaction of business shall consist of one-fourth of the Clergy entitled to seats and Lay Delegates from one-fourth of the Parishes and Missions; provided that a smaller number shall have power to adjourn from time to time. In the election of a Bishop a majority of the Clergy and Lay Delegates entitled to vote in said election shall constitute a quorum.

Section 2. The Clergy and Lay Delegates shall vote in one body; provided that, on demand of five members, they shall vote in two distinct orders; and when so voting the concurrence of the two orders shall be necessary to enact a measure.

ARTICLE V


Section 1. A Secretary of the Diocese and a Treasurer of the Diocese shall be elected at each Annual Convention. Vacancies in the office of the Secretary or Treasurer shall be filled by appointment of the Ecclesiastical Authority.

Section 2. There shall be a Standing Committee of the Diocese consisting of three ordained persons, Presbyters or Deacons, canonically resident in the Diocese, and three lay communicants of the Diocese. At the Annual Convention of the Diocese, one Presbyter or Deacon canonically resident in the Diocese and one lay communicant of the Diocese shall be elected to the Standing Committee to serve for the period beginning on the date of the Annual Convention at which the election is held and ending at the adjournment of the third succeeding Annual Convention.

Section 3. No person who has been elected to and served on the Standing Committee for terms totaling six consecutive years shall thereafter be elected to the Standing Committee until the expiration of at least one year following the end of the sixth year of service.

Section 4. The Standing Committee may fill vacancies in the membership occurring between Annual Conventions, provided, however, that a person so elected by the Standing Committee shall only serve by virtue of such election until the next Annual Convention and that at such Annual Convention the Convention shall elect a person to serve for the balance of the term in which the vacancy occurred.

ARTICLE VI


Section 1. In case of a vacancy in the Episcopate of the Diocese the Standing Committee shall call a Special Convention for the election of a Bishop to be held within two years after the occurrence of said vacancy.

Section 2. The election of a Bishop shall be by concurrence of both orders voting separately by ballot. A majority of each order shall be necessary to a choice.

Section 3. The Clergy and Lay Delegates shall vote simultaneously and after said votes the choices of each order shall be communicated to the other. If both orders have chosen the same person, that person shall be declared elected; but if they have chosen different persons they shall vote again in the order and manner described.

ARTICLE VII


Section 1. Parishes may be admitted into union with the Convention by a majority of the votes of the Convention, provided they shall furnish to the Convention:

(1) Evidence of the complete organization of the Parish under the laws of the State of Maine for the incorporation of the Parishes of the Protestant Episcopal Church.

(2) Vote of the Parish requesting such admission.
(3) Satisfactory evidence that said Parish, for at least two years immediately preceding said application, shall have been paying its Priest in Charge a minimum salary and such other amounts fixed by Canon, and paying in full its missionary apportionment and also satisfactory evidence that such Parish, for at least two years immediately preceding the date of its admission into union with the Convention, will have been self-supporting.

(4) A promise of obedience to the Doctrine, Discipline, and Worship of the Protestant Episcopal Church in the United States of America, and to the Constitution and Canons thereof and of the Diocese of Maine.

Section 2. The union of a Parish with the Convention and the right of representation may be forfeited by vote of the Convention on proof of refusal or neglect for two successive years to comply with the Constitution and Canons of the Diocese, or when for a period of two years said Parish has received missionary aid from either the Diocesan or General Missionary Societies, or if it shall not, within one year, have received from an endowment, or from the members of the Parish, and expended in the maintenance of regular public worship, at least six hundred dollars.

ARTICLE VIII


Section 1. The form of organization of a Mission shall be approved by the Bishop and Standing Committee before the Mission is admitted into union with the Convention, and all changes in the organization of a Mission shall be approved by the Bishop and Standing Committee before taking effect. The first article of its Constitution shall state that the Mission accepts the Doctrine, Discipline, and Worship of the Protestant Episcopal Church in the United States of America, and promises obedience to the Constitution and Canons thereof and of the Diocese of Maine.

Section 2. There shall be in each Mission a Bishop's Committee consisting of lay persons as follows: one or two wardens, a clerk, a treasurer, and at least two other members, elected by the members of the Mission. No one shall be an officer who is not a stated contributor and worshipper at its services. No one shall be elected a warden who is not of full legal age. No one shall be elected to any other office who is not at least fifteen years of age. All officers shall be communicants in good standing. The Committee shall consult with the Bishop about the welfare of the Mission.

Section 3. A member of the clergy shall be appointed by the Bishop to act as the Bishop's vicar in the Mission. In the absence of the Bishop, the vicar shall preside at all meetings of the Bishop's Committee, have responsibility for the conduct of all services, and for the religious nurture and pastoral care of the members of the Mission. The vicar shall make monthly reports to the Bishop.

Section 4. All property of the Mission shall be held by the Trustees of Diocesan Funds. The treasurer shall receive and expend the monies of the Mission as directed by the Bishop, or the Bishop's Committee acting in the Bishop's stead; and shall meet such requirements of bonding and auditing and reports as are required by the action of the Convention.

Section 5. The union of an Organized Mission with the Convention and the right of representation may be forfeited by vote of the Convention on the recommendation of the Bishop and the Standing Committee, for reasons which they deem sufficient and which they report to the Convention.

ARTICLE IX


This Constitution may be altered or amended at any Annual Convention if the proposition for such alteration or amendment, which must be in writing, shall have been approved by a vote of the Annual Convention next preceding.


DIOCESE OF MAINE

THE CANONS



Part I THE CONVENTION

CANON I

Of the Clergy


Section 1. The Roll or list of the Clergy as held and duly prepared by the Secretary of the Diocese shall be prima facie evidence of the rights of Clerical Members. Should any dispute arise, it shall be referred to a Committee of the Convention, which shall decide and report; and the decisions thus made, if accepted by the Convention, shall not be called in question again during that session.

Section 2. (1) No Minister of this Church not canonically resident in the Diocese of Maine shall officiate on more than eighteen (18) days, whether consecutive or not, in any twelve (12) month period by preaching, ministering the Sacraments, or holding any public services within the limits of this Diocese until he or she has applied for and received from the Ecclesiastical Authority a license to so officiate. Such license, if granted, shall remain in effect until December 31 of the year following the year of its issuance, unless earlier revoked.

(2) Licenses shall, at the discretion of the ecclesiastical authority, be renewed from year to year for periods not to exceed one year. The ecclesiastical authority may establish requirements and procedures governing application for the issuance and renewal of licenses.

(3) No Minister not canonically resident or licensed in the Diocese shall be engaged to conduct services of this Church in any congregation during a vacancy therein, or in the absence of its Minister, without permission of the ecclesiastical authority or the authorized representative of the ecclesiastical authority.

(4) Every Minister licensed as provided in this Canon shall at the end of each calendar year report to the ecclesiastical authority services held, and if there have been none, the causes or reasons which have prevented the same. Such licensed clergy shall also make such further reports to the ecclesiastical authority as the ecclesiastical authority may require.

Section 3. No cleric shall be denied access to the deployment process for any position in this diocese because of race, color, ethnic origin, sex, national origin, marital status, sexual orientation, disabilities or age, except as otherwise specified in the Canons of the Episcopal Church.

CANON 2

Of Lay Delegates


Section 1. A form of certificate for Lay Delegates, in conformity with the Constitution, shall be sent to all the Parishes and Missions by the Secretary of the Diocese, at least one month before the meeting of the Annual Convention, or at least fourteen (14) days before a Special Convention.

The certificate of the election of Lay Delegates shall be returned to the Secretary at least five days before the first day of the Convention; and the Secretary shall make a Roll of the names of the Lay Delegates whose certificates are in regular form.

Section 2. At each Annual Convention there shall be appointed by the Bishop or other President of the Convention, two members of the Convention to serve with the Secretary of the Diocese as a Committee on Credentials until their successors are appointed. Before the next Annual or Special Convention, the Committee on Credentials shall examine the Journals of the Diocesan Convention and the reports of the Treasurers of the various Diocesan Funds and shall make such other investigation as they deem expedient, and shall report to the Convention a list of the Parishes and Missions whose Lay Delegates are allowed by the Constitution and Canons of the Diocese to vote in such Convention and shall also report a list of the Parishes and Missions whose union with the Convention might be forfeited in accordance with the Constitution.

The Committee shall also examine all Annual Parochial Reports and certificates of the election of Lay Delegates and report thereon to the Convention, but should any dispute arise it shall be referred to the Committee on Credentials before decision by the Convention.

CANON 3

Of Attendance


It is declared to be the duty of every member of the Clergy and every Lay Delegate having a seat in the Convention to attend every meeting thereof, or send a reasonable excuse.

CANON 4

Of Assessments


The Convention shall, at its discretion, make and lay on the Parishes and Missions of the Diocese, assessments for the carrying on of the work of the Diocese.

CANON 5

Of the Convention Committee on Finance


Section 1. There shall be a Convention Committee on Finance consisting of at least three (3) Presbyters or Deacon and three (3) laypersons, appointed by the Bishop at the Annual Convention.

Section 2. It shall receive all financial reports submitted to the Convention to pass on their accuracy and ascertain that they are duly audited when such auditing is required. All financial reports to the Annual Convention shall be made for the Calendar Year.

Section 3. Any resolutions involving the expenditure of money not already provided in the Budget of the Diocese or the Missionary Society shall be referred to this Committee after being introduced to the Convention.


PART II OFFICERS OF THE DIOCESE


CANON 6

Of the Secretary of the Diocese


Section 1. Unless otherwise directed by the Convention, the Secretary shall give written notice of the time and place of the meeting of a Convention by mailing a copy of such notice to each Clerical Member of the Convention and to the Clerk of every Parish or Mission in union with the Convention together with the certificates for Lay Delegates. The notice of any Special Convention shall specify the purpose thereof.

Section 2. It shall be the duty of the Secretary to mail a copy in blank form of the Parochial Report to every incumbent of a Parish or Mission, which shall be duly filled in and returned before the first day of the month specified. The Secretary shall, with whatever assistance deemed necessary, examine all Parochial Reports and return for correction those in which errors or omissions appear. The Secretary shall compile, file, and keep on record the statistics from the Parochial Reports for presentation to the Annual Convention following the year for which such reports were made. A complete tabulation of all Parochial Reports shall be printed in the Journal.

Section 3. It shall be the duty of the Secretary to prepare for presentation to each Diocesan Convention a report on the actions taken on each of the resolutions adopted by the previous Diocesan Convention.

Section 4. In case of the disability of the Secretary of the Diocese, the duties shall devolve upon one of the Assistant Secretaries, if there be such, in order of their appointment; if not, upon the Secretary of the Standing Committee.

CANON 7

Of the Treasurer of the Diocese


Section 1. It shall be the duty of the Treasurer to receive and disburse all monies collected under the authority of the Convention unless the collections and disbursements shall be otherwise specifically ordered.

The Treasurer shall render a report to the Annual Convention which shall contain a certificate that these accounts have been audited in accordance with Canon 18.1.5.

Section 2. The Treasurer may be removed from office by the Bishop, with the consent of the Standing Committee, for any neglect, misconduct, or incapacity.

CANON 8

Of the Chancellor


There shall be a Chancellor appointed by the Bishop whose term of office shall be three years. The Chancellor shall be a Communicant of the Diocese in good standing, learned in law, and shall be the legal advisor of the Ecclesiastical Authority, the Convention, and the Cathedral Chapter.

CANON 9

Of the Registrar and Archivist


Section 1. A Registrar of the Diocese, who shall also serve as Archivist of the Diocese, shall be appointed by the Bishop, to hold office until he or she shall resign, or until a successor shall be appointed.

Section 2. It shall be the duty of the Registrar and Archivist to collect and preserve all papers, files, reports, journals, records, and other documents relative to the history of the Diocese, and to keep the same in some safe and accessible place, where members of the Convention and other authorized persons may have access to them.

Section 3. The Registrar and Archivist may accept custody of documents relative to the history of any parish, mission, or institution of the Diocese, subject to terms and conditions acceptable to the Archivist and to the parish, mission or institution concerned.

Section 4. It shall be the duty of the Registrar and Archivist to preserve, in a proper Registry Book, a record of the Ordination and Consecration of the successive Bishops of the Diocese, designating the time and place of the same, with the names of the ordaining and consecrating Bishops, and others present and assisting; to record a list of all the Presbyters and Deacons, and the dates of their connection with the Diocese.
Section 5. The Registrar and Archivist shall make a written report to the Annual Convention of the Diocese.

CANON 10

Of the Archdeacon


Section 1. One or more Archdeacons may be appointed by the Bishop.

Section 2. The duties and compensation for the Archdeacon(s) shall be determined by the Bishop and reviewed with the Diocesan Council.

Section 3. Compensation and expenses for the Archdeacon(s) shall be included in the diocesan budget as approved by the annual convention.


PART III REPRESENTATION

CANON 11

Of Deputies to the General Convention


Section 1. At the Annual Convention in the twelve months preceding the date which is twelve months prior to the opening date of the next General Convention, four Clerical and four Lay Deputies and four Clerical and four Lay Provisional Deputies shall be elected to represent the Diocese in the General Convention. Vacancies in the office of Deputies shall be filled by the Ecclesiastical Authority from among the Provisional Deputies. A vacancy shall exist if a Presbyter having been elected a Deputy shall cease to be regularly engaged in the active ministry as described in Article III 3(1) of the Constitution of the Diocese of Maine.

Section 2. All elections provided by this Canon shall be by ballot unless otherwise agreed by unanimous consent.

CANON 12

Of Deputies to the Provincial Synod


Section 1. At the 169th Annual Convention, one clerical deputy and one lay alternate be elected for a term of three years and thereafter every second year for a term of two years; and one lay deputy and one clerical alternate be elected for a term of two years and thereafter every second year for a term of two years.

Such election shall be by Ballot unless otherwise agreed by unanimous consent. Vacancies in the office of Deputy shall be filled by the Ecclesiastical Authority.


PART IV COMMITTEES AND BOARDS


CANON 13

Of the Standing Committee


Section 1. The Standing Committee shall at its first meeting choose a Chair and a Secretary, either Clerical or Lay. The Secretary shall record all proceedings in a book provided for the purpose, and this, with all papers relative to the business of the Diocese, shall be open to examination by the Bishop and by the Convention; and a report of the acts shall be made to the Annual Convention, except such acts as pertain to its function as a Council of Advice to the Bishop.

Section 2. A majority of the Committee shall constitute a quorum.

Section 3. The Standing Committee shall be a Council of Advice to the Bishop, and shall be summoned at any time that the Bishop may desire its advice.

Section 4. The Standing Committee shall be the Ecclesiastical Authority of the Diocese when a vacancy occurs in the Episcopate, except in cases otherwise provided for by the Canons of the General Convention or of the Diocese.

CANON 14

Of the Commission on Ministry



Section 1. There shall be in this Diocese a Commission on Ministry.

Section 2. Function of the Commission. The Commission shall assist the Bishop with the implementation of Title III of the Constitution and Canons of the Episcopal Church as described therein.

Section 3. Membership of the Commission. The Commission shall consist of the following eleven members:
(1) The Bishop
(2) A Commission Chair, who shall be appointed by the Bishop and shall preside at Commission meetings.
(3) A Standing Committee liaison person, who shall be designated by the Standing Committee.
(4) The Chair, or person designated by the Chair, of each of the following Committees:
Committee on Baptismal Ministry
Committee on Holy Orders
Chaplains to Retired Clergy
Deacon Formation Program
Education For Ministry
Family of Clergy Wellness
Loring Fund
F.B. Wolf Fund

The Commission Chair shall serve at the pleasure of the Bishop. The Standing Committee liaison person shall serve at the pleasure of the Standing Committee. All other members shall be ex officio, serving while in the office designated or, if a designee of a Committee Chair, at the pleasure of that Committee Chair.

Section 4. Organization of the Commission. The Commission may adopt rules for its work, subject to the approval of the Bishop, and provided the same are not inconsistent with the Constitution and Canons of the General Convention and of this Diocese; and may appoint committees consisting of members of the Commission and/or persons to act on its behalf. The Commission may delegate to such committees duties or responsibilities assigned to it by the Canons of the General Convention, in whole or in part.


CANON 15

Of the Diocesan Council


(1) The congregations and the clergy of the Diocese shall be grouped in Areas in such number and manner as the Bishop and Diocesan Council, in consultation with the clergy and congregations, shall from time to time determine.
(2) There shall be a Diocesan Council composed of the following members:
The Bishop(s);
Two members representing each of the Areas of the Diocese;
One Commission Chairperson from each Commission of Diocesan Council, or his/her designee;
The Chairperson of the Finance Committee;
and no more than four members appointed by the Bishop.
(3) Selection of members shall be as follows:
a. In addition to the Bishop Diocesan of Maine, if there be any Bishop Coadjutor or Bishop(s) Suffragan, whose duties include service on the Council, each such bishop shall likewise be a member.
b. Each Area shall elect two members to serve staggered terms of two years. Each member shall be elected in accordance with procedures established or approved by the Council, either from the clergy of the Area, as eligible under Article III.3.1 of the Constitution of the Diocese of Maine, or from the lay members, who are communicants in good standing of their respective congregations within the Area. The names of those elected shall be communicated to the Bishop for review, and presented at Convention.
c. The Bishop may appoint not more than four members to the Diocesan Council at any time the Bishop may deem convenient, to serve until the final adjournment of the second Diocesan Convention held after their appointment. If there be no Bishop, the Standing Committee shall have the power of appointment.
(4) No person having served as a member of the Diocesan Council for six consecutive years shall be elected or appointed to the Diocesan Council until after the expiration of one year following the sixth year of service. For the purpose of this Canon, the period between annual Diocesan Conventions shall be deemed one year.
(5) Vacancies in the number of members of the Diocesan Council elected by an Area may be filled by the Area. The appointing authority may fill vacancies in the number of appointed members of the Diocesan Council. In all cases such elections or appointments shall be for unexpired terms only.
(6) The Bishop or the Convener appointed by the Bishop shall preside at all meetings of the Diocesan Council. In the absence of both, the Council shall have the power to choose its own presiding officer.
(7) The Diocesan Council shall administer and carry out the work of the Episcopal Church within the Diocese of Maine, subject to such directions as the Diocesan Convention may give. Within 30 days of adjournment of the annual Diocesan Convention, Diocesan Council shall schedule and publish the dates of Council meetings for the ensuing twelve months; Diocesan Council shall, in advance of such scheduled meetings, make the proposed agenda available to the members of the Diocesan Council and to the Areas.
(8) At least six weeks before the date set for the Annual Diocesan Convention, the Council shall prepare an estimate of the amount of money required for the work of the Diocese during the next ensuing year -- that is, from January 1 to December 31. The Council shall determine and recommend to Convention the assessments required to carry out the ministry of the Diocese.
(9) The Diocesan Council shall establish a Finance Committee.
(10) In addition to establishing a Finance Committee, the Diocesan Council may establish such other commissions, committees, and task forces as it may deem advisable.

CANON 16

Of the Church Pension Fund


Section 1. In conformity with the legislation adopted by the General Convention of 1913, pursuant to which the Church Pension Fund was duly incorporated, and in conformity with the Canon of the General Convention, "Of the Church Pension Fund", has heretofore amended and as it may hereafter be amended, the Diocese of Maine hereby accepts and acknowledges The Church Pension Fund, a corporation created by Chapter 97 of the Laws of 1914 of the State of New York, as subsequently amended, as the authorized and approved pension system for the clergy of the Protestant Episcopal Church in the United States of America, and for their dependents, and declares its intention of supporting said Fund in accordance with its rules.

Section 2. The Bishop of this Diocese shall appoint at each Annual Convention a Committee on the Church Pension Fund to consist of at least three (3) Presbyters and three (3) lay persons, two of whom shall be the Registrar and the Treasurer of the Diocese.

Section 3. The duties of said Committee shall be as follows:

(1) To be informed of, and to inform the clergy and laity of the Diocese of, the Pension system created by General Convention and committed by it to the Trustees of the Church Pension Fund, in order that the ordained clergy of the Church may be assured of pension protection for themselves in the event of old age or total and permanent disability, and for their widows and minor orphan children in the event of death.

(2) To receive reports from the Church Pension Fund, from time to time, on the status of the pension assessments payable to said Fund, under its Rules and as required by Canon Law, by the Diocese and by the Parishes, Missions, and other ecclesiastical organizations within the Diocese.

(3) To make a report to the Annual Convention on such matters relating to the Church Pension Fund as may be in interest to the said Convention, including a record of unpaid premiums on any clergy of the Diocese.

(4) To cooperate with the Church Pension Fund in doing all things necessary or advisable in the premises to the end that the clergy of the Diocese may be assured of the fullest pension protection by said Fund under its established Rules.

Section 4. It shall be the duty of the Diocese through its Missionary Society and of the Parishes, Missions, and other ecclesiastical organizations therein, each through its treasurer or other proper official, to inform the Church Pension Fund of salaries and other compensation paid to members of the clergy by said Diocese, Parishes, Missions, and other ecclesiastical organizations for services rendered, currently or in the past, prior to their becoming beneficiaries of said Fund, and changes in such salaries and other compensation as they occur; and to pay promptly to the Church Pension Fund the person assessments required thereon under the Canon of the General Convention and in accordance with the Rules of said Fund.
Section 5. It shall be the duty of every member of the clergy canonically resident in or serving in this Diocese to inform the Church Pension Fund promptly of such facts, as dates of birth, or ordination or reception, of marriages, births of children, deaths, and changes in cures or salaries, as may be necessary for its proper administration, and to cooperate with said Fund in such other ways as may be necessary in order that said Fund may discharge its obligations in accordance with the intention of the General Convention in respect thereto.

CANON 17

Reserved


CANON 18

Of Business Methods in Church Affairs


Section 1. In every Parish, Mission and Institution connected with this Diocese, the following standard business methods shall be observed:

(1) Trust and permanent funds and all securities of whatsoever kind shall be deposited with a Federal or State Bank, or a Diocesan Corporation, or some other agency approved in writing by the Finance Committee of the Diocesan Council, under an appropriate depository agreement, providing for at least two signatures on any order of withdrawal of such funds or securities. But this paragraph shall not apply to funds and securities refused by the depositories named as being too small for acceptance. Such small funds and securities shall be under the care of the persons or corporations properly responsible for them.

(2) Records shall be made and kept of all trust and permanent funds showing at least the following:
(a) Source and date.
(b) Terms governing the use of principal and income.
(c) To whom and how often reports of condition are to be made.
(d) How the funds are invested.

(3) Treasurers and custodians, other than banking institutions, shall be adequately bonded; except treasurers of funds that do not exceed five hundred dollars at any one time during the fiscal year. Congregations who are not covered by the diocesan group coverage shall provide insurance certificates to the diocesan office showing the Diocese of Maine named as an additional insured.

(4) Books of account shall be so kept as to provide the basis for satisfactory accounting.

(5) All accounts of the Diocese shall be audited annually, by an independent Certified Public Accountant. All account of Parishes, Missions or other institutions shall be audited annually by an independent Certified Public Accountant, or independent Licensed Public Accountant, or such audit committee as shall be authorized by the Finance Committee or other appropriate diocesan authority. This includes discretionary funds (subject to confidentiality being maintained), memorial funds, and the funds of any guild or congregational entity.

All reports of such audits, including any memorandum issued by the auditors or audit committee regarding internal controls or other accounting matters, together with a summary of action taken or proposed to be taken to correct deficiencies or implement recommendations contained in any such memorandum shall be filed with the Bishop or Ecclesiastical Authority not later than 30 days following the date of such report, and in no event, no later than September 1 of each year, covering the financial reports of the previous calendar year. No parish may elect a new rector, nor will a Vicar or Priest-In-Charge be appointed until these reports have been filed.

(6) All church property and liability coverage, including Directors and Officers, Umbrella, Worker's Compensation, Auto Non-Ownership, automobile, bonding and related coverage shall be covered under the diocesan group plan effective January 1, 2002. Those congregations not included in the diocesan group coverage through December 31, 2001 shall provide insurance certificates to the diocesan office showing the Diocese of Maine as an additional insured.

(7) Copies of all accounts described in this Section shall be filed with the Finance Committee of the Diocesan Council, which shall report annually to the Convention of the Diocese upon its administration of this Canon.

(8) The fiscal year shall begin January 1.

Section 2. No Vestry, Trustee, or other Body, authorized by Civil or Canon law to hold, manage, or administer real property for any Parish, Mission or Institution, shall encumber or alienate the same or any part thereof without the written consent of the Bishop and Standing Committee of the Diocese of which the Parish, Mission or Institution is a part.

Section 3. All real and personal property held by or for the benefit of any parish, mission or institution is held in trust for the Episcopal Church and this Diocese. The existence of this Trust, however, shall in no way limit the power and authority of the Parish, Mission or Institution otherwise existing over such property so long as the particular Parish, Mission or Institution remains a part of the Diocese of Maine and subject to the Constitution and Canons of the Diocese of Maine and of the Episcopal Church.


PART V PARISHES AND MISSIONS


CANON 19

Of Delegates to the Annual Convention


Section1. The number of Lay Delegates to which a parish or mission is entitled at any convention of the Diocese of Maine will be based on the number of Communicants in Good Standing specified in the Annual Parochial Report for the calendar year just passed. All doubtful cases shall be submitted to the Bishop for decision.

Section 2. Where no Annual Parochial Report is filed for the calendar year just passed, the parish or mission shall not be entitled to any delegates. In the case of a parish or mission newly admitted to union with the convention, the number of delegates shall be based on the number of Communicants in Good Standing at the time of union.

Section 3. Lay delegates may be elected by their Vestry or at the Annual Meeting of the congregation. A certificate of the Delegates elected to the Convention shall be verified, signed, and sent by the Rector or Priest in Charge, or in the absence of either, by a Warden.

CANON 20

Of the Episcopate Fund


Each Parish and Organized Mission shall pay annually to the Episcopate Fund a sum set by Convention for each communicant reported under Canon "Of Communicants".

CANON 21

Of the Election of the Vestry


Section 1. No one shall be elected a Warden or a member of the Vestry who is not a confirmed lay person, a communicant in good standing, and a stated contributor to, and worshipper in, the parish for which he or she is elected. No one shall be elected a Warden who is not of full legal age, or a member of the Vestry who is not at least 15 years of age. Wardens and members of the Vestry shall meet the eligibility standards of the laws of Maine. In every Parish, a majority of the members of the Vestry shall be persons of full legal age.

Section 2. Any Parish may by special vote provide that the members of the Vestry chosen at any specified time shall be divided into classes, holding office for 1, 2, and 3 years respectively, and that thereafter the election of a member to the Vestry (except to fill vacancies) shall be for 3 years; and any such Parish may also by special vote provide that no member of the Vestry shall be re-elected at the end of a full 3 years of office, but only after an interval of at least 1 year.

CANON 22

Of Clerical and Lay Employee Compensation


Section 1. There shall be a Clerical and Lay Employee Compensation and Review Committee appointed by the Bishop to recommend to the annual Convention the minimum compensation, expense reimbursement and related matters required by this canon. The Committee shall develop compensation and review guidelines. The Committee shall also serve as a Board of Advice to the Diocese in areas relative to clerical and lay employee compensation, expense reimbursement and related matters. Throughout this canon the term "compensation" refers to salary and benefits accruing to Presbyters, deacons and lay employees, while the term "expense" refers to expenditures made by Presbyters, deacons and lay employees on behalf of the congregation or Diocese.

Section 2. Each Presbyter in full time service shall receive the following compensation:

(1) A salary of not less than the amount to be prescribed by a majority vote of the annual convention.

(2) An allowance for housing and utilities of not less than the amount to be prescribed by a majority vote of the convention. In lieu of a housing and utility allowance, proper and suitable living quarters and all utilities shall be provided.

(3) Health, dental and life insurance package and Section 125 Cafeteria Plan as approved by Diocesan Council or its designee with congregations responsible for at least 90% of the health and dental premiums and 100% of the life insurance premiums.

(4) A minimum annual vacation of 30 calendar days.

(5) Participation in the Church Pension Fund.

(6) A cash payment equal to one-half the amount of the presbyter's self-employment tax.

Section 3. A Presbyter in part time service shall receive compensation as defined in Section 2 based upon that proportional part of the full time standard called for in the agreement he or she has made with the Parish or Mission. Vacation and continuing education time shall be the same as for full time presbyters.

Section 4. Each Parish and Mission in union with the convention shall provide the following expenses relative to the services provided by the Presbyter.

(1) A travel expense reimbursement on a rate of mileage for church purposes or a minimum amount of not less than the rate or amount to be prescribed by a majority vote of the convention shall be provided.

(2) Each Presbyter canonically resident in the Diocese shall, following each five year period of service, be eligible for a leave of absence for four months for spiritual and intellectual refreshment and shall be entitled to full compensation during such period of leave, provided however, that no Presbyter shall be eligible for such leave of absence unless he or she has served in the position from which he or she would take leave for at least three years. This leave may not be used at the time of termination of employment or retirement, nor may it be accrued. If questions shall arise concerning the proper interpretation of this section, the parties shall consult with the Bishop and the decision of the Bishop shall be final and binding on all concerned parties.

(3) Time and financial assistance shall be provided for continuing education consisting of a minimum of one week and $500 per year.

(4) In the event of childbirth or adoption, clergy shall receive a paid eight week primary care parental leave, or a paid two week non-primary care parental leave, as the case may be, and shall be entitled to up to twelve weeks of total leave, the balance of which need not be paid. This parental leave shall be taken within a reasonable time before or after the birth or adoption of a child. If questions shall arise concerning the proper interpretation of this section, the parties shall consult with the Bishop and the decision of the Bishop shall be final and binding on all concerned parties.

(5) Clergy who live in housing provided by the congregation shall be paid a housing equity allowance equal to at least 3% of the total clergy compensation (stipend, housing and social security reimbursement). These monies shall be invested in a tax sheltered investment account that becomes the property of the clergy person after one year of service.

Section 5. (1) Each Parish and Mission shall review annually the compensation to be paid to the clergy in the ensuing year and the expenses relative thereto to the end that fair and suitable compensation and expense be provided in line with guidelines established by the Clerical and Lay Compensation and Review Committee.

(2) This review as well as the amount of the compensation will be sent annually to the Clerical and Lay Compensation and Review Committee.

Section 6. The union of the Parish with the Convention and the right of representation may be forfeited by vote of the convention on proof of the failure of said Parish to comply with the provisions of Section 5 of this Canon for two successive years.

Section 7. As used in this Canon, the words vote of this convention shall mean a vote by a majority of both orders.

Section 8. Each lay employee shall receive the following compensation:

(1) Lay employees who are paid for 250 or more hours annually shall receive no less than the Diocesan Lay Minimum Wage. The Diocesan Lay Minimum Wage shall be established annually by the Convention of the Diocese.

(2) Lay employees who are paid for 1,000 or more hours annually shall participate in the Church Pension Fund's Lay Employee Pension Plan and the employer shall make the required employer contributions.

(3) Lay employees who are paid for 1,500 or more hours annually shall receive the same health, dental and life insurance and Section 125 Plan as required by this canon for clergy. All lay employees eligible for the benefits of this section shall be allowed the same alternate arrangements as allowed for clergy who have other insurance coverage.

(4) Lay employees who are paid for 1,000 hours or more annually shall receive a minimum of 2 weeks vacation. A vacation week shall equal the average work week. All lay employees who are paid for 1,000 hours or more annually shall receive pay and the day off for all Federal and State holidays which fall on a day which that lay employee would have been scheduled to work.

(5) Lay employees shall be provided the necessary tools for the job at the expense of the employer. Lay employees shall be reimbursed for their business expenses including business mileage at the current IRS rate.

(6) Nothing in this section shall supersede any Federal or State laws regarding employment. Nothing in this canon shall supersede any provision of the Canons of the Foreign and Domestic Missionary Society of the Protestant Episcopal Church of the United States.

CANON 23

Of Assisted Congregations


When any congregation fails to pay in full its fair share assessment in any calendar year, it shall, until its past year and presently due assessment payments are current, be considered an assisted congregation and shall be subject, to such degree as the Bishop shall determine, to the same diocesan supervision as a Mission. As a minimum, the congregation shall submit, along with its Parochial Report for that calendar year, its Stewardship report, Ministry Review and projected budget for the following year in the same manner as required for congregations receiving direct financial assistance.

CANON 24

Of Parishes Without a Rector


Whenever a Parish is without a Rector, the Wardens shall promptly notify the Ecclesiastical Authority.


PART VI DISCIPLINE


CANON 25

Of the Presentment and Trial of a Priest or Deacon


Section 1. Mode of Proceeding. Whenever a Priest or Deacon of the Diocese is under imputation of misconduct that would render him or her liable to Presentment and Trial, the mode of proceeding shall be as set forth in Title IV of the Canons of General Convention ("C.G.C.") and in this Canon.

Section 2. All Deliberate Speed. It is the policy of this Diocese that matters of ecclesiastical discipline should proceed with all deliberate speed, for the benefit of both the Respondent and the Complainant(s) or alleged Victim(s), for the welfare of any parish or institution affected by the pendency of a Charge, and for the good order and welfare of the Church. Insofar as possible, participants shall take whatever action is required of them in less than the canonical permissible time limits. Applications for adjournments or postponements beyond canonical time limits are disfavored and shall be granted only for good cause.

Section 3. Notice to a Respondent of a Diocesan Review Committee Investigation.
If the Bishop, having received a complaint or accusation that a Priest or Deacon has committed an offense, determines pursuant to C.G.C. Canon IV.3.5 that there is sufficient reason to refer the matter to the Diocesan Review Committee for investigation, or if the Bishop is notified that a Charge against a Priest or Deacon has been filed with the Diocesan Review Committee, then the Bishop, acting as chief pastor and canonical overseer of clergy in this Diocese, shall meet with the Priest or Deacon (hereinafter "the Respondent"), explain to him/her the procedures that will be followed in handling the matter, and take such other canonically permissible steps as the Bishop deems necessary for the spiritual welfare of the Respondent and the good order and discipline of the Church. The Bishop shall not, however, hear the confession of the Respondent or enter into any a Priest-Penitent confidential relationship with the Respondent.

Section 4. Presentment. (1) The manner of investigating a charge and determining whether or not a Presentment shall issue shall be as set forth in C.G.C. Canon IV.3 and in this Canon.

(2) As soon as possible after the filing of a Charge by a Complainant or referral of a complaint or accusation by the Bishop, and in any event within thirty (30) days thereafter, the Diocesan Review Committee shall convene, at a regular meeting or a meeting called specially for the purpose, to Consider the Charge pursuant to C.G.C. Canon IV.3.11. When Considering the Charge, the Diocesan Review Committee shall determine whether the facts alleged in the Charge, if proved at Trial, would make out a presentable Offense against the Respondent. The Diocesan Review Committee shall not conduct any investigation into the facts at this stage of the proceedings, but must assume that the facts alleged in the Charge are true. The Chancellor may assist the Diocesan Review Committee in resolving any question of law that arises in connection with its consideration of the Charge.

(3) If, after Considering the Charge, the Diocesan Review Committee determines that a presentable Offense may have been committed, the Diocesan Review Committee shall ask the Church Attorney, in a written statement conforming to C.G.C. Canon IV.3.11, to investigate the facts underlying the Charge and to submit a confidential report to the Diocesan Review Committee recommending (i) whether to issue a Presentment against the Respondent, and, if so, (ii) what the canonical charge(s) shall be. The Diocesan Review Committee's written statement shall be transmitted to the Church Attorney expeditiously, and in no event later than ten (10) days after the Diocesan Review Committee determines to refer the matter for investigation.

(4) The Church Attorney shall conduct the necessary investigation and make his/her recommendation to the Diocesan Review Committee expeditiously. If possible, the Church Attorney shall report to the Diocesan Review Committee within thirty (30) days after receipt of the written Statement of the Diocesan Review Committee; absent exceptional circumstances, the Church Attorney's Report must be sent to the Diocesan Review Committee within sixty (60) days of his/her receipt of the written statement, as provided by C.G.C. Canon IV.3.13.

(5) As soon as possible after the Church Attorney's Report is received by the President of the Diocesan Review Committee, and in no event more than thirty (30) days after the President's receipt of the Report, the Diocesan Review Committee shall meet to consider the Church Attorney's report and to decide whether or not a Presentment shall issue. The Diocesan Review Committee may set the rules and procedures it will follow in making its decision.

(6) Any Presentment voted by the Diocesan Review Committee in accordance with C.G.C. Canon IV.3.15 shall be reduced to writing in accordance with C.G.C. Canon IV.3.16 and served and filed in accordance with C.G.C. Canon IV.3.17 within ten (10) days after the Diocesan Review Committee's vote. Any determination not to issue a Presentment shall also be reduced to writing and served and filed in accordance with C.G.C. Canon IV.3.18 within ten (10) days after the Diocesan Review Committee's vote.

Section 5. Ecclesiastical Trial Court.

(1) There shall be in this Diocese an Ecclesiastical Trial Court (" the Court") to conduct the Trial upon Presentment of any Priest of Deacon subject to its jurisdiction.

(2) The Court shall consist of three members of the clergy and two lay persons.