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.”
--
end --
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."
Proposed Amendment to Constitution
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,
+ John W. Howe
