The Holy
Trinity Orthodox Church, located in New Britain,
Connecticut, is a Parish in the
autocephalous Orthodox Church in America,
and incorporated as a religious (not-for-profit) corporation in the State of Connecticut,
on 23 April 1926.
As the
local community of the Church, the Parish exists for the purpose of worshipping
God according to the Holy Scriptures and Tradition of the Holy Orthodox Church,
to encourage union with God among the members of the Parish, to provide
religious education and charitable aid for its members, and to defend and
promote the Orthodox Faith in America.
The Parish
is part of the Orthodox Church in America,
and therefore, its organization and administration are subject to the Statute
of the Orthodox Church in America,
adopted by the Second All-American Council of October 19-21, 1971, and amended by subsequent
All-American Councils, and to the decisions of the Diocesan Assemblies of the
Diocese of New England.
The Parish
is primarily a spiritual body recognized by the canons and traditions,
disciplines and regulations of the Orthodox Church in America.
Its adoption of a civil corporate existence is done to allow it recognition in
the secular world. The Parish By-laws as presented herein attempt to reflect
the letter and spirit of the current Statutes of the Orthodox Church in America
and must at no time be in conflict with any future Statutes of the Orthodox
Church in America.
Should the
Statutes of the Orthodox Church in America be amended, the Parish shall adhere
to the canons, traditions, disciplines, and regulations of the Statutes of the
Orthodox Church in America until the Parish By-laws conform to the then current
Statutes of the Orthodox Church in America.
The Parish
shall be regulated by the following Bylaws which are intended to express the
spirit of the Holy Orthodox Tradition, as interpreted by the Orthodox Church in
America, on a practical level in the life of the Parish as a whole, so that the
Parish might fulfill its divinely appointed mission in a peaceful and orderly
way.
ARTICLE ITHE PARISH
MEMBERSHIP
Section 1Voting
Member
A voting
member of the parish shall fulfill the following requirements:
a) be a
Baptized and Chrismated Orthodox Christian, and
b) be at
least 18 years of age, and
c) regularly,
but at least once a year, partake of the Sacraments of Private Confession and
Communion in the Parish, and
d) have
been a member of the Parish for a prior consecutive twelve (12) month period,
and
e)
regularly fulfill such financial obligations as may be established by the
Parish, within the calendar year.
Section 2Transfer
Members
A person
who was a “voting member” in another Parish of the Orthodox Church in America
and who has transferred into the Parish, in accordance with the authorized transfer
form, shall have full “voting member” status, upon completion of a ninety (90)
day acclimation period.
Section 3Multiple
Parish Membership
Voting
membership in two or more Parishes of the Orthodox Church is not permitted.
Section 4Assessments
Each year
the Parish shall remit to the Diocesan Treasurer its financial obligation to
the Diocese and to the Orthodox Church in America
as stipulated by the Diocesan Assemblies and the All American Councils.
Section 5Parish
Membership Registration
The Parish
Council is responsible for submitting annually the census and membership
information to the office of the Diocesan Bishop, in accordance with the form
as determined in current Diocesan Directives.
Section 6Exclusion
of Voting Membership
The Parish
Council together with the Rector shall, within its jurisdiction, initiate
action to remove from voting membership that person who:
a) directly
or indirectly defies the Dogma or Canons of the Orthodox Church; or
b) directly
or indirectly obstructs those decisions rendered by the majority of the Parish
or the Diocesan Authority; or
c) directly
or indirectly causes such disruption so as to affect adversely the spiritual
life of the Parish.
Action to
remove rights of voting membership shall be referred to higher Diocesan
Authority in the manner set forth in the current Diocesan Directives.
Section 7Burial in
the ParishCemetery
a) All
burials in the ParishCemetery
shall be in accordance with the then current Parish Cemetery By-Laws.
ARTICLE IITHE PARISH
CLERGY
Section 1Vacancy
Upon the
death, retirement, or transfer of the rector, the vacancy in office may be
filled on a temporary basis by the Diocesan Authority until the office is
filled on a permanent basis.
Section 2Assignment
The Rector
is assigned, transferred or removed by the Diocesan Bishop by virtue of the
authority of his office and in accordance with the Canons, ecclesiastical
procedure and the needs of the Parish and of the Diocese. The Rector cannot be
removed or leave his assignment without the specific permission of the Diocesan
Bishop. The Parish shall be responsible for the support and welfare of its
Rector until such time as he is removed from his position by the Diocesan
Bishop.
Section 3Responsibility
The Rector
of the Parish shall:
a) serve
the liturgical and sacramental needs according to the order of the Typikon of
the Orthodox Church in America;
b) instruct
members of the Parish in the tenets of the Orthodox Faith and piety;
c)
implement and be responsible for the religious education of the Parish and
stimulate church growth;
d) strive
to raise the level of spirituality and morality of the members of the Parish;
e) preside
at all Parish Meetings;
f) keep the
Parish records of baptisms, chrismations, receptions into the faith, marriages,
and burials; issue copies of the same, and report the statistics annually to
the Diocesan Bishop and the Parish Meeting;
g) report
as may be required by law to civil authority marriages performed;
h) be the
intermediary between the Parish and the Dean and the Diocesan Bishop;
i) keep the
church seal;
j) be
responsible for the well-being of the Parish;
k)
implement the decisions of the All American Councils, of the Diocesan
Assemblies, of the Diocesan Bishop, of the District Dean, of the Annual and
Special Meetings of the Parish, and of the Parish Council;
l) check
and sign the Minutes of the Annual and Special Meetings of the Parish and of
the Parish Council meetings;
m) be
responsible for the supervision of additional clergy who are appointed or
assigned by the Diocesan Authority;
n) be an ex
officio member of all Committees and of the Parish Council.
Section 4Compensation
To be free
from material preoccupations and wholly committed to his sacred ministry, the
Rector must be compensated by the Parish, the amount and terms of such
compensation shall be determined prior to the time of his assignment and which
shall conform to the then current Diocesan Guidelines concerning compensation
and benefits for the clergy. The compensation package shall be reviewed yearly
and recommendations made to the Annual Parish Meeting in the Parish Budget.
Section 5Additional
Clergy
Additional
clergy as appointed by the Diocesan Bishop shall assist the Rector. The
provisions of Article II, Sections 1, 2 and 4, shall be applicable to them. In
addition to the general pastoral duties, such additional clergy shall be
responsible for those specific duties in the assignment in concurrence with the
Rector and Parish Council as approved by the Diocesan Bishop.
ARTICLE IIITHE
PARISH MEETING
Section 1Meetings
a) Annual
Meeting: An annual meeting of the voting members of the Parish shall be held on
the last Sunday in the first month of every year (following the celebration of
the Divine Liturgy) for the purpose of electing members of the Parish Council
and for the transaction of such other business as may come before the Meeting.
Should circumstances preclude having the annual Parish Meeting at its regularly
appointed time, then an alternate date agreed upon by the Rector and the Parish
Council can be selected.
b) Special
Meetings: Special Meetings of the voting members of the Parish may be called by
the Rector, the Parish Council, the Diocesan Bishop or his designee, or by not
less than 25% of the voting members of the Parish. When 25% of the voting
members of the Parish shall call a Meeting, they shall file with the Warden of
the Parish Council at least four (4) weeks prior to the date of said Meeting a
written request signed by them stating the object of such Meeting. Arrangements
shall then be made for notice to be given as per subsection d) hereof.
c) Place of
the Meeting: The Annual Meeting and any Special Meetings shall be held in the
nave of the church building, unless size prohibits. In such case, the Rector,
with the Parish Council, shall choose an alternate site.
d) Notice
of Meetings: Notice of the Annual and any Special Meeting shall be given by the
Rector from the ambo at the Divine Liturgy on three (3) consecutive Sundays
prior to the Meeting and published in the church bulletin. The agenda of any
Special Meeting shall be included in the notice. In any Meeting which has as
part of its agenda capital expenditures, the purchase, sale, mortgage, lease or
encumbrance of real property of the Parish, or the amendment of these Bylaws,
the notice shall specify the matter or matters to be acted upon at said
Meeting.
Section 2Quorum
The quorum
for all Parish Meetings shall be 20% of voting members, or 25 voting members
(whichever is less), enrolled at the end of the calendar year preceding the
date of the Meeting. In the absence of a quorum at the Annual Parish Meeting,
that Meeting may be adjourned to a time determined by the majority of voting
members present at that Meeting. (At the Adjourned Meeting those in attendance
shall constitute a quorum at that Meeting.) These provisions for an Adjourned
Meeting shall not apply either to any Special Meeting or to any subject matter
at an Annual Meeting pertaining to the amendment of these Bylaws or the
acquisition or alienation of Parish property or capital expenditures. In those
instances the quorum requirements outlined in this Section must be applied.
Section 3Voting
a) A simple
majority vote by those voting members shall determine the decision of any
Parish Meeting except as provided in subparagraph b) below, and in Article V,
Section 2, and in Article VII, Section 1 concerning amendments to these Bylaws.
b) A sixty
percent (60%) vote of the voting members present shall be required in
connection with any capital expenditures, including the purchase, sale,
mortgage or lease of Parish property, but in no event may such expenditure be
made with the approval of less than 10% of all voting members of the Parish.
Section 4Order of
Meetings
a) Officers
of the Parish Meeting
1)
The Rector is the presiding officer of the Parish Meeting, but may delegate the chair to another officer.
2)
The Secretary of the Parish Council, or in their absence someone appointed by the Rector, shall record the
Minutes of the Parish Meeting.
b) The
Agenda of the Annual Meeting
1)
Opening Prayer
2)
Determination of a Quorum
3)
Minutes of Previous Meeting
4)
Reports
5)
Financial Statement and Auditor’s Report
6)
Adoption of the Parish Budget
7)
Election of the Parish Council and Delegates to the Diocesan Assembly and
All American Council.
8)
Unfinished Business
9)
New Business
10)
Adjournment
11)
Closing Prayer
c) The
Agenda of the Special Meeting
1)
Opening Prayer
2)
Determination of a Quorum
3)
Statement of Purpose of Meeting
4)
Resolutions
5)
Adjournment
6)
Closing Prayer
d) Record
of a Parish Meeting
Two copies
of the Minutes of a Parish Meeting, Annual or Special, signed by the Secretary
of the Meeting and the Rector, including financial data and attached reports,
if any, shall be sent to the Diocesan Bishop with an additional copy to the
District Dean within no more than twenty-one (21) days of such Meeting.
1)
In case of disagreement with one or several decisions of a Parish Meeting, a statement of dissent may be
submitted in writing by the Rector, the Parish
Council, or signed by one-tenth (1/10) of the voting members present at a Parish Meeting, and attached to the
Minutes.
2)
After review of the Parish Meeting Minutes the Diocesan Authority shall approve or disapprove the decisions and
resolutions, including elections, in those
Minutes. If approved, those decisions and resolutions, including elections, shall become effective as of the date of
approval by the Diocesan Authority. If disapproved,
those decisions and resolutions, including elections, shall be remanded back to the Parish for correction
or amendment. No decisions or actions of
a Parish Meeting shall become effective until approved in writing by the Diocesan Authority.
ARTICLE IVTHE PARISH
COUNCIL
Section 1Election
a) The
Parish Council shall function as the Board of Trustees and shall be composed of
the Rector, ex officio with vote, thirteen (13) elected members, and two (2)
elected auditors.
b) The
election of the members of the Parish Council shall take place at the Annual
Parish Meeting on an annual basis.
c)
Eligibility of Elected Members
Voting
members of the Parish are eligible for election to the Parish Council with the
following exceptions:
1)
any full-time employee of the Parish is not eligible to serve on the Parish Council;
2)
only one member of any household, including the Rector’s household, is eligible to serve at the same time
as a member of the Parish Council.
Section 2Term of
Office
a) The term
of office for members of the Parish Council shall be one (1) year.
b) Any
member of the Parish Council who has served for four (4) consecutive years
automatically becomes ineligible for re-election until one (1) year off the
Parish Council passes.
c)
Notwithstanding any provisions contained in this Section under a) and b), all
officers and members of the Parish Council shall hold office until their
successors are duly elected, qualified and confirmed, and installed.
Section 3Composition
a) The
Parish Council shall consist of the Officers (Rector, ex officio, Warden,
Assistant Warden, Treasurer, Assistant Treasurer, Recording Secretary, and
Financial Secretary), seven (7) Council Members and two (2) Auditors.
Additional officers may be elected by the Parish Council from among the Members
if deemed necessary.
b) The
Annual Parish Meeting shall elect Parish Council officers, and then the open
balance of the members of the Parish Council to be elected at the Meeting.
c) The
Officers of the Parish Council shall constitute the Executive Committee of the
Parish Council.
d) To
ensure fiscal responsibility, two (2) auditors shall be elected at the Annual
Parish Meeting.
1)
The auditors shall audit all financial records of the Parish and, if requested, its organizations regularly,
but at least annually.
2)
The auditors shall make reports of said audits to the Annual Parish Meeting.
3)
The auditors shall keep a current inventory of all real and personal property of the Parish other than the funds
in the charge of the Treasurer.
Section 4Confirmation and Installation
a) Upon
adjournment of the Annual Parish Meeting, the Rector shall notify, in writing,
the Diocesan Authority of the results of the election and request confirmation
of said election. This is to be done as soon as possible, but not later than
seven (7) days after the Annual Parish Meeting.
b) Only
upon the confirmation of the election of the Parish Council by the Diocesan
Authority can the Parish Council be installed. Upon receipt of the
confirmation, the Rector shall install the Parish Council during a Sunday
Divine Liturgy to be determined, but, if possible, before the regularly
scheduled February Parish Council Meeting.
Section 5Removal
from Parish Council
a) All
Parish Council members must continue to fulfill their qualifications for
membership in the Parish Council during their entire tenure of office. Failure
to retain membership as described in Article I and Article IV, Section 1 d),
will bring automatic dismissal from the Council.
b) All
Parish Council members are expected to attend all Council Meetings during their
tenure of office. The unexcused absence of any Council member from three (3)
regularly scheduled Council Meetings will render said member subject to
dismissal by the Parish Council.
c) The
Parish Council initiates all dismissal procedures. However, the Diocesan Bishop
through the District Dean may intervene in cases in which a Council member
becomes subject to dismissal for causes stated in a) or b) of this Section 5.
Section 6Vacancies
in Parish Council
Any
vacancy, with the exception of the office of Warden, whose vacancy is
automatically filled by the Assistant Warden, shall be filled by the Parish
Council by electing a successor therefore with confirmation by the Rector, for
the remainder of the vacated term.
Section 7Parish
Council Meetings
a) The
Parish Council shall meet monthly, with the exception of June and July
(provided there is no pressing concern to come before the Council at that
time), on the last Monday of the month in the church hall. If there is a
conflict, the Parish Council may choose an alternate date and place. In all
cases, none of its meetings may be held without the knowledge and blessing of
the Rector who, as the head of the Parish, must take part in the discussion and
solution of all Parish affairs.
b) While
the Rector is the head of the Parish, the Warden shall act as chairman of the
Council Meetings.
c) The
Parish Council shall conduct its business from a pre-established agenda. Items
for the agenda must be submitted to the Warden no later than the Sunday
immediately preceding the Meeting. Any Council member may request an item be
placed on the agenda.
d) A simple
majority of the Parish Council shall constitute a quorum, provided that either
the Warden or Assistant Warden is present.
e) A
majority vote of those members in attendance can decide issues brought before
the Parish Council.
f) All
decisions of the Parish Council must be confirmed by the Rector before becoming
effective.
g) The
Minutes of the Parish Council meetings shall be signed by the Recording
Secretary, the Warden and the Rector. The original of the Minutes is the
property of the Parish and becomes part of the Parish Archives.
h) Parish
Council Meetings are open for attendance to all members of the Parish. An open
forum may be held, at which time a member of the Parish, recognized by the
Chair, may speak on an issue. However, only members of the Parish Council may
make a formal resolution or vote on any issue.
i) At its
discretion the Parish Council may hold a Closed Meeting, i.e. one that is
restricted to Council members only and accordingly noted in the Minutes.
j) In the
event that a matter is brought before the Parish Council, which in the opinion
of the Rector is in violation of the Canon Law of the Orthodox Church, The
Statute of the Orthodox Church in America, or the Diocesan Directives,
including, but not limited to matters of
1)
Doctrine, or
2)
Canon Law, or
3)
Liturgical Practice, or
4)
sacramental observance, or
5)
ecclesiastical discipline,
the Rector has the right to veto both discussion and vote on
said matter within the Parish Council. Any appeals from this decision shall be
handled as provided in Article IV, Section 9 c).
k) The
responsibilities of the Parish Council shall include, but not be limited to:
1) Be responsible not only for the
spiritual and material needs of the Parish,
but also for the parish’s unity and connection with the Diocese and the Church, for the Parish is called to be
a living cell and a member of the Body of Christ,
and carries responsibility for the WHOLE Church.
2) To assist the Rector in the
implementation of the decisions of the All American
Councils, Diocesan Assemblies, Diocesan Directives, Parish Meetings and Parish Council Meetings.
3) To formulate and present an
annual Budget for consideration at the Annual
Parish Meeting.
4) To assure the funding of the
programs approved by the Parish Meeting in
the Parish Budget, and any other funding requests that may come within the prevue of the Council.
5) To purchase all necessities for
the Parish properties not exceeding the amount
of one thousand dollars ($1,000.00) per item. When possible, the Parish Council shall anticipate such
expenses and include a request for said item in the annual Budget.
6) Exercise day-to-day stewardship
of the properties and programs of the Parish,
being mindful at all times of the reality that ownership belongs to God, not the Parish.
7) Any other responsibility that
would normally fall to the Parish Council in
any question regarding the Parish.
Section 8Officers of
the Parish Council
a) The
Warden shall:
1)
Act as Chairman of all Parish Council Meetings.
2)
Sign all official and legal documents of the Parish as the senior elected trustee.
3)
Countersign all checks disbursing Parish funds.
4)
Be an ex officio member of all Standing Committees.
5)
Represent the Parish Council on all appropriate occasions.
6)
Ensure that all candle sales, money counting, collections, etc. are done in an appropriate manner, delegating
such jobs as necessary.
7)
Generally oversee when necessary the various responsibilities of the Parish Council and its members.
8)
Perform such other duties as may be imposed by law, by the Articles of Incorporation, or by these Bylaws, or as
may be prescribed from time to time by the
Parish Council.
b) The
Assistant Warden shall:
1)
Act in the place of the Warden during the latter’s absence.
2)
Automatically succeed to the office of Warden in the event of its vacancy.
3)
Perform such other duties as may be imposed by law, by the Articles of Incorporation, or by these Bylaws, or as
may be prescribed from time to time by the
Parish Council.
c) The
Recording Secretary shall:
1)
Keep an accurate record of the transactions of all meetings of the Parish Council and the Parish.
2)
Be responsible for posting notice of all Meetings of the Parish and the Parish Council.
3)
Together with the Rector, maintain a membership list of the Parish which shall contain the address and voting
qualifications of each member, and shall
record therein the fact and date of termination, if any, of the membership of any such member.
4)
Submit to the Diocesan Bishop and the District Dean copies of all appropriate reports, lists and Minutes.
5)
Perform such other duties as may be imposed by law, by the Articles of Incorporation, or by these Bylaws, or as
may be prescribed from time to time by the
Parish Council.
d) The
Treasurer shall:
1)
Receive and safely keep all money and securities of the Parish, keep an accurate account of same, and deposit
same in proper financial institutions.
2)
Sign all official documents pertaining to financial matters of the Parish, as the senior elected financial
officer.
3)
Keep in trust for the Parish all bank books or other official financial instruments allowing the deposit or withdrawal
of funds.
4)
Countersign all checks disbursing Parish funds.
5)
Perform such other duties as may be imposed by law, by the Articles of Incorporation, or by these Bylaws, or as
may be prescribed from time to time by the
Parish Council.
e) The
Financial Secretary shall:
1)
Keep a complete account of the finances of the Parish which shall be and remain the property of the
Parish and which shall be open for inspection at any reasonable time by the Parish Council.
2)
Receive and review all receipts forwarded for authorized payment from Parish funds; issue checks for said
receipts.
3)
Render a financial statement at the Annual Parish Meeting and at other times as may be requested by the
Parish Council. The annual statement shall be audited
and certified.
4)
Prepare all appropriate financial reports and statements which are to be submitted by the Recording Secretary to
the Diocesan Bishop and District Dean.
5)
Assist in counting monies received by the Parish.
6)
Countersign all checks disbursing Parish funds.
7)
Perform such other duties as may be imposed by law, by the Articles of Incorporation, or by these Bylaws, or as
may be prescribed from time to time by the
Parish Council.
f) The
Assistant Treasurer shall:
1)
Keep an accurate record of the contributions made to the Parish through the envelope system and other means.
2)
Issue statements of giving to parishioners.
3)
Maintain the address list for the mailing of monthly envelopes to parishioners. Make necessary changes to
same.
4)
Perform such other duties as may be imposed by law, by the Articles of Incorporation, or by these Bylaws, or as
may be prescribed from time to time by the
Parish Council.
Section 9Parish
Administration
a) The
Rector, as head of the Parish, by virtue of the ecclesiastical authority vested
in him, shall guide and oversee the total Parish program, and is ultimately
responsible with the Parish Council to the Diocesan Authority for the life and
activity of the Parish.
b) The
Parish shall be administered by the Rector and the Parish Council
cooperatively.
c) If a
problem should arise between the Rector and the Parish Council, the matter
shall not be brought before the Parish at a Parish Meeting. The Rector and/or
the Parish Council shall have the right to refer the matter to the District
Dean according to the then current Diocesan Directives. However, in matters of
appeal the decision of the Diocesan Authority shall be deemed final.
d) The
Parish Council shall fill such paid positions as may be available in the Parish
by interviewing and determining qualifications of candidates. In all cases,
Orthodox Christians should be hired if possible, with the exception of the
Choir Director, who MUST be a practicing Orthodox Christian. Compensation is to
be determined by the Parish Council and included in the Parish Budget to be
approved at an Annual Parish Meeting.
1)
All lay salaried personnel of the Parish shall be responsible to the Parish Council as to the fulfillment of
their duties, with the exception of the Choir Director,
who shall coordinate the liturgical life of the Parish with the Rector. Such duties shall be determined by
the Parish Council and clearly outlined in a “Job
Description” which shall be given to anyone hired. Said “Job Description” must be signed and dated by the hiree, the
Rector, and the Warden, and reviewed yearly
for update. Additions and/or deletions to the Job Description may be made by the Parish Council subject to a
thirty (30) day notice to said hiree. During this thirty days, hiree may accept or reject changes by remaining
in the paid position or tendering
written resignation.
ARTICLE VTHE PARISH
PROPERTY
Section 1Title of
Ownership
a) The
Parish corporation is the sole owner of all Parish property, assets, and funds,
subject to the following Sections of this Article and the Statutes and
provisions of the Orthodox Church in America.
All policies of “Insurance” shall be registered in the name of the corporation,
which shall be listed as sole beneficiary.
b) All
deeds, policies and other important and legal documents shall be kept for
safety in a fire-proof safe or safety deposit box. The combination of any safe
shall be entrusted to the Rector, Warden, Financial Secretary and Treasurer.
Section 2Real
Property
The Parish
may purchase real property, or sell, mortgage, lease or otherwise encumber its
real property upon approval of a sixty percent (60%) majority vote of the
voting members of the Parish in attendance at an Annual Parish Meeting or
Special Meeting called for that specific purpose, at which a quorum is present,
due notice having been given, on a resolution presented by the Parish Council
and Rector, and subject to final approval of the Diocesan Bishop. However, in
no event may such action be taken with the approval of less than 10% of all
voting members of the Parish.
Section 3Special
Bequests
As far as
possible all special bequests, gifts and devises should be used by the Parish
for the purpose for which they were made. In the event the purpose of such
gift, devise, or bequest is not feasible or practical, as so determined by the
Parish Council and Rector, an alternate use may be determined by the Parish
Council and Rector upon consultation with the donor or the estate
representative.
Section 4Defection
The Parish
is an integral part of the Orthodox Church in America,
therefore in the event the Parish were to decide to withdraw from the
jurisdiction of the Orthodox Church in America
without canonical release, the Orthodox Church in America
or its successors shall be entitled to full title to all the Parish assets and
property. In the event that a group in the Parish decides to withdraw from the
jurisdiction of the Orthodox Church in America
without canonical release, that segment of the Parish which remains loyal to
the jurisdiction of the Orthodox Church in America
shall retain full title to all the Parish assets and property.
Section 5Dissolution
The Parish
may be dissolved by a two-thirds (2/3) majority vote at a legal Parish Meeting
of ALL the voting members of the Parish, not just those present at said
meeting. The decision to dissolve is subject to ratification by the Diocesan
Authority. Only the Diocesan Authority shall have the power to declare the
Parish dissolved. Upon the dissolution of the Parish, the sacred and untouchable
items, such as the Holy Antimension, the Tabernacle and the Sacred Vessels,
shall be delivered to the Diocesan Authority or, by his direction, to the
District Dean. After all encumbrances have been satisfied, all the remaining
property, whether real, personal or mixed, or the proceeds from the sale
thereof, shall be distributed by a majority vote of those voting members
present at said Parish Meeting to institutions or charities of the Orthodox
Church in America, preferably within the local Deanery. Subject to any legal
encumbrances, under no circumstances shall any type of Parish Property pass
into the hands of any individual.
ARTICLE VITHE PARISH
ORGANIZATIONS
Section 1Organizations
a)
Individually affiliated Parish Organizations may be established or recognized
by the Parish for specific purposes deemed compatible with Parish life. Such
Organizations shall have the approval of, and are accountable to, the Parish
Council and Rector. The Bylaws of such Organizations shall be consistent with
these Bylaws, the regulations of the Parish, the directives of the Diocesan
Authority, and the Statute of the Orthodox Church in America.
Such Organizations shall make an annual report of activities and
accountability, and shall make an annual financial statement available to the
Parish Council. Said financial statement must be audited by the Parish
Auditors, or auditors appointed by the organization, at least annually. This
section shall not apply to any chapters of a nationally affiliated organization,
unless that chapter so provides in its own Bylaws.
b) In the
event that any such Parish Organization is dissolved, its assets shall be
turned over to the Parish not later than thirty (30) days after the date of
dissolution.
c) In the
event that the Parish is dissolved, the Parish Organizations which were
subsidiaries of the Parish likewise shall be dissolved, with all of those
Organizations’ assets to be disposed pursuant to Article V, Section 5 of these
Bylaws.
ARTICLE VIITHE
AMENDMENTS, REGULATIONS AND
GENERAL PROVISIONS
Section 1Amendments
These
Parish Bylaws may be altered or amended by a two-thirds (2/3) majority vote of
the voting members of the Parish in attendance at the Annual Parish Meeting at
which a quorum is present or a Special Meeting convened for that purpose at
which a quorum is present, provided that written notice is given to the
membership specifying the proposed addition, change or amendment. Such written
notice shall be mailed to voting members of the Parish no later than fifteen
(15) days before the date of the Parish Meeting at which the proposed changes,
additions or amendments are to be discussed. All amendments, changes or
additions so proposed shall not take effect unless approved by the Diocesan
Authority.
Section 2Procedures
For matters
not covered by these Bylaws the Parish may enact procedures and regulations to
meet the need of a particular situation in the Parish. Such additional
procedures and regulations must be presented to the Diocesan Authority for his
approval before they become effective.
Section 3Scope of
Rights
Notwithstanding
any provisions contained herein or any provisions that might be assumed from
the civil law concerning not-for-profit or religious corporations, nothing in
these Bylaws shall be deemed to have granted any individual parishioners or
group of parishioners any rights, as members of the present corporation, that
are in conflict with, or at variance with, or superior to those recognized in
the Statute of the Orthodox Church in America.
Section 4Text
a) For all
purposes the English text of these Bylaws shall be deemed to be the official
text.
b) In these
Bylaws, the word “Diocese” shall refer to the Diocese of New England of the
Orthodox Church in America,
and the words “Diocesan Authority” shall refer to the Bishop of the Diocese of
New England and those persons or groups duly appointed by him for the
governance of the Diocese, respectively.
c) In the
appropriate context the singular use of a word may refer to the plural, and the
masculine may refer to the feminine.
Section 5Adoption
These
Bylaws were accepted at a Parish Meeting held on the 26th day of January, 1998,
at which the appropriate quorum was present, the Parish members having been
duly notified and have become effective on the 9th day of February, 1998, by
the approval of the Diocesan Bishop. They revoke, supplant and replace any and
all Parish Bylaws, whether corporate or not, previously in use.