Statutes

ST. MARY ROMANIAN ORTHODOX CHURCH

AUSTIN, TEXAS,USA

ART. 1. St. Mary Romanian Orthodox Church is a church community of the faithful in Austin, Texas, who, under the leadership of the priest, maintain one or more churches, including their institutions and personnel, by their material and moral means. St. Mary is under the jurisdiction of the Romanian Orthodox Archdiocese with its headquarters in Detroit, Michigan.

ART. 2. The purpose of the parish is:

a) to maintain, strengthen, and spread the Orthodox faith and to work so that all the faithful might live in conformity with the teachings of this faith, attending the holy Church, partaking of the Holy Mysteries and doing works of Christian mercy, and

b) To support and help the Church, the celebrants, and her institutions and to care for all the needs of the parish.

ART. 3. The parish personnel are the parish priest and one or two chanters. When the need demands and means permit, the number of priests may be increased.

ART. 4. The parish priest is the head of the parish office and in charge of the parish archives, and in this capacity, shall keep registers with:

a) the records of all parishioners with their families, as well as of families and individuals separated from the immediate neighborhood;

b) the records of baptisms, marriages, and deaths, issuing on request extracts from them;

c) the records of all the acts and official correspondence of the parish, which he keeps in the parish archives by current date, year by year.

ART. 5. The parish priest, in collaboration with the president and secretary of the parish, makes all the reports and (carries on) the official correspondence of the parish; he keeps the official parish stamp in the office and uses it on the correspondence of that office.

ART. 6. The priest sees that all the minutes of the Parish Assembly and the Parish Council as well as all the journals with their records are put year by year in the parish archives, for preservation.

ART. 7. The priest, in cooperation with the Parish Council, looks after the education, in a religious-moral and national spirit, of the children and young people, by means of the parish school and the catechetical school.

ART. 8. Where there are several priests in a parish, the Diocesan Council names the most apt as head of the office.

ART. 9. For someone to be a priest or deacon, he must be of age, meet the canonical conditions, and be a seminary graduate. The Holy Synod decides in special cases on the recommendation of the Diocesan Council.

ART. 10. Having in view the numerical difference of the members of various parishes, the inequality of the means of support and the distinction between the education of priests, the parishes according to the number of members and their material state shall be classified as parishes of first, second or third class. The classification of the parish shall be made at the Parish Assembly and shall be approved by the Diocesan Council. On the basis of their education and qualifications, priests shall likewise be divided into three classes, with the right to compete in the parishes, according to the class for which they are qualified.

ART. 11. The affairs of the parish shall be carried on by the parish priest together with: a) the Parish Assembly; b) the Parish Council, and c) the parish trustees, in conformity with the by-laws in force and with the approval of the Diocesan Council and of the bishop.

THE PARISH ASSEMBLY

ART. 12. The Church is the totality of all Christians baptized in the Orthodox faith.

The members of the parish, who make up the Parish Assembly, are all men and women of age within the parish, who fulfill their moral and material obligations to the parish and its institutions. Membership rights are exercised in the Parish Assembly and only after a six month period.

The priest is a member by right of the Parish Assembly.

Members enjoy all the rights, facilities, and services of the Church. The wife and children not of age, or those supported by the head of a family who is the member of the parish, have the same benefits as members.

ART. 13. Members of the Parish Assembly are verified on June 30 and December 31 each year and are included in the membership roll of the Parish Assembly with their name, occupation, address, age, and family status.

ART. 14. The membership roll, prepared by the Board of Trustees in three copies, is reviewed by the Parish Council, which may add those omitted, or strike from it those who do not meet the legal requirements. The rolls thus revised are read in church, after the Divine Liturgy and are posted in church and in the parish office for 14 days, after which the roll is sent to the Diocesan Council, through the deanery office, for approval, keeping one copy for the parish office and the other for the deanery office.

ART. 15. Any complaints whatsoever in regard to the membership roll are sent, in writing and registered, within the 14 day period, to the Diocesan Council, which shall examine the motives and make a final ruling. No complaint whatsoever prevents the use of the roll, if in the meantime a parish assembly is held.

The final approved roll shall be used for all parish assemblies held in the course of half a year.

ART. 16. The prerogatives of the Parish Assembly are as follows:

a) It examines and completes the annual report of the Parish Council in regard to the progress of all parish affairs;

b) It elects the Parish Council, the Board of Trustees, the comptrollers, and, in the case of a vacancy, the priest;

c) It examines and approves the proposals of the Parish Council;

d) It takes care of the support of the priest, and of the other church personnel, according to local conditions and circumstances and salary standards;

e) It sees that the parish organs and employees are doing their job;

f) It examines and approves the parish budget and inventory, verifies the annual parish administrative report at the end of the year and sends it to the Diocesan Council for approval and clearance;

g) It decides on the purchase, sale, and mortgage of parish immovables, with the approval of the Diocesan Council;

h) It sets the annual family contribution (dues) of members on the basis of the budget made every year;

i) It forwards, through the parish and deanery offices, all decisions, which require the approval of the Diocesan Council.

ART. 17. The president by right of the Parish Assembly is the parish priest in office, who relinquishes the presidency to the dean, if he is present.

ART. 18. An appeal to the Diocesan Council may be made regarding decisions of the Parish Assembly. The challenge must be made at the session itself and forwarded in 14 days; after this period it can no longer be considered.

ART. 19. The calling of the Parish Assembly is made by the parish priest, or his locum tenens, and is announced in church, after the Holy Liturgy, at least 8 days before it is held. The dean is informed of the convening, may participate in the Assembly and if so, he presides. The calling of the Parish Assembly is also publicized in the official organ of the Episcopate or communicated to the members by postcard, showing the time place, and order of business, and is signed by the parish priest and secretary of the parish council.

ART. 20. The Parish Assembly as a rule meets twice a year in regular session: once in January for the election of the Council and the Board of Trustees and for the annual report, a second time in July for the semi-annual report.

It may be called in extraordinary session at any time.

ART. 21. The Assembly shall always meet on Sunday, after the Holy Liturgy; on this occasion, the prayer for the invocation of the Holy Spirit shall be offered.

ART. 22. Extraordinary assemblies shall be called, either following the decision of the Parish Council, or at the request of at least 10% of the members entered in the roll of the Parish Assembly.

ART. 23. The way in which the sessions of the Parish Assembly are conducted is as follows:

The parish priest, as president by right, or the dean if present, opens the Assembly and appoints the board, naming, with the consent of the Assembly, a secretary and two responsible men, who shall record and sign, along with the president, the proceedings of the Assembly.

After the naming of the board, the secretary takes roll call from the roll of the Parish Assembly, in its final form, and ascertains the number present.

ART. 24. For the Assembly to make valid decisions, at least two-thirds of the number of members on the roll must be present.

If on the day decided upon this number is not present, the Assembly is called a second time on the next Sunday to transact the same business. The second time, the Assembly is held with any number of members, not, however, with a number less than the number of the members of the Parish Council.

ART. 25. The board of the Parish Assembly has the following prerogatives:

a) The president opens, conducts, and closes the session. He maintains order, seeing that questions other than those put on the order of the day are not discussed. He grants, and rescinds, the right to speak, and at the close of the debates he formulates the questions and calls for the vote. In the case of disorder he can recess the session for a few minutes, or for an unlimited time. In the latter case, he reports it to the dean. When the dean presides, he takes measures, which he believes are proper, by himself.

b) The secretary takes notes of everything which is discussed, recording the name of the speakers, in the order in which they were recognized, and keeps track of the members present, on the basis of the official roll.

ART. 26. The board of the Parish Assembly is obligated to show in the final minutes that the Holy Liturgy with the invocation of the Holy Spirit was served, that the Assembly was legally constituted, that only questions on the agenda were discussed, noting precisely the way of voting, the decisions made, and if such be the case, disputes.

The minutes are read, verified, and signed before the Assembly by the president, secretary, and two responsible men.

ART. 27. The sessions of the Parish Assembly are public and are held in church - only in the case of necessity in another place.

ART. 28. Each member is allowed to speak in the order in which he was recorded on the list of speakers. A member can speak only once on the same question, except when the president believes that it would be well to give him the floor again as follows:

a) regarding questions of rule;

b) regarding urgent questions;

c) when it is determined that another question is closely related to that which is being debated.

ART. 29. Speakers have the duty to behave properly and to avoid personal questions that might cause disorder.

ART. 30. Members who do not conform to these provisions may be excluded from the session by the board of the Assembly, a fact which shall be noted in the minutes.

ART. 31. No deviation from the established agenda is allowed, except for the cases foreseen in Article 28.

ART. 32. Debate is declared closed when all members listed for the discussion have spoken or have declined to speak, or when the Assembly, as a result of a motion, has decided to close the discussion.

ART. 33. Any member has the right to move for the closing of the discussion. In this case the president interrupts the debate, gives the floor to one member for, and to another against, the motion, and brings it to a vote.

ART. 34. No member may speak without the permission of the president.

ART. 35. When a discussion of a question has finished, it is brought to a vote. If there are several proposals, or amendments, connected with the same question, all are voted on, beginning with the first. A proposal is approved if it gains an absolute majority of the votes.

ART. 36. The vote is taken either by acclamation, or by roll call, or, at the request of one fourth of the members present, by secret ballot.

ART. 37. All questions regarding the sale, purchase, and mortgage of church property can be decided only by a roll call vote.

Elections of persons are made by roll call or in secret.

ART. 38. A vote by roll call is made as follows: the secretary calls the name of each member present; each one responding with the word "yes" if he accepts the proposal, or with "no" if he rejects it. The response of each person is noted on the membership roll, to the right of the name of the one voting, and at the bottom a tally is made to determine the majority.

ART. 39. A secret vote is taken by ballot, distributed by responsible men. The voter writes the names of those whom he considers worthy to be elected, or the answer "yes" or "no" to the proposal being voted on.

As his name is called, each one goes and puts his ballot in the urn, which sits on the president's table, in front of the responsible men.

ART. 40. The vote is taken by numbering the ballots, and if they do not correspond to the number of voters, the vote is cancelled and another taken. If the count is right, the president opens them, and in front of everyone, reads them while the secretary records the vote. After counting the votes, the president announces the result, which is entered in the minutes and the viewpoint which received the absolute majority of the votes, he declares chosen or approved. Ballots which are blank, erroneously written, or illegible are invalidated.

ART. 41. If no one on the first vote receives an absolute majority, a second vote is taken immediately for those who received the most votes, after which he who received the majority is declared elected. When the votes are a tie, they are decided by lot.

ART. 42. The decisions of the Parish Assembly which require the approval of the Diocesan Council, or which are contested, are sent within two weeks through the deanery office to the Diocesan Council. All other decisions are carried out directly by the Parish Council, with the approval of the priest.

THE PARISH COUNCIL

ART. 43. The Parish Council is the executive and administrative organ of the Parish Assembly (elected from within it). It is constituted by electing its president and secretary from within it. It resolves all questions except those of worship, or purely spiritual ones, which are in the domain of the priest alone. The Council represents the church community in all questions.

ART. 44. The Parish Council is made up of 15 persons in parishes with 100 members, of 20 persons in parishes with 100-200 members, and of 25 persons in parishes with more than 200 members.

Priests from the parish and the first chanter, trustees, and auditors of the church are members by right of the Parish Council.

In each council alternative members are also elected, up to half of the number of members elected.

Father and son, brothers, the father-in-law and son-in-law, and brother-in-law, cannot be members of the Parish Council together.

Where the faithful are originally from different regions of the country of origin, the numerical proportion shall be kept in mind, no more than three co-villagers being able to be elected to the same council and not more than half from the same province.

ART. 45. Members of the Parish Council are elected for one year; they are voluntary and may be re-elected.

Election of the members of the Parish Council as well as of the trustees and auditors may be held in the following ways:

a) The Parish Assembly elects, by acclamation, a candidate commission of five members, after which the president recesses the session, for not more than 30 minutes. During this time the commission composes the list of candidates.

After the re-opening of the session the reporter of the commission reads the list of those nominated and proceeds to the vote; those who have received the majority are declared elected. Members of the Assembly can also vote for other persons, besides those nominated by the candidate commission.

b) By ballot. Each member receives from the men responsible a ballot of the same color, stamped with the seal of the parish office, upon which he writes the names of as many persons as there are members being elected to the Parish Council, regulars and alternates. Each member is called according to the parish roll and deposits his ballot. If the number of ballots is the same as the number of voters, the votes are counted and those with the most votes shall be declared elected members of the Parish Council in the order of the number of votes received, including the alternate members.

In both cases it should be kept in mind that only persons who have given proof of love and interest for the church and have distinguished themselves by exemplary conduct and Christian life should be elected to the Parish Council.

ART. 46. The result of the election is entered in the minutes, which are signed by the board, and a copy is also made, which is sent to the Diocesan Council for approval.

ART. 47. Within eight days after the approval of the Diocesan Council, the members of the new Parish Council are called by the priest in an organizational session and first of all take the following oath, also having the Holy Cross on the table:

"In the name of the Holy Trinity, I _____________, elected as a member of the Parish Council of the Church of St. Mary, swear to fulfill with zeal and devotion the responsibility received, working with all my power, impartially, for the promotion of the interests of the Holy Church, respecting all church laws and regulations, as well as all orders and dispositions of higher authorities. So help me God."

In the organizational session, under the presidency of the priest, the Parish Council elects, by majority vote, a president, vice-president, and a secretary, from within its ranks.

ART. 48. The Council meets as often as necessary, but without fail once at the beginning of the month of June and once in the month of December, of each year, to prepare for the Parish Assembly.

If half of the members of the Council petition, in writing, for the calling of an extraordinary session, the president is obliged to call it.

ART. 49. Valid decision may be made if at least half of the total number of the members of the Council are present, besides the president, also considering the alternates, in the absence of the regulars.

Decisions are made by acclamation, or by the majority vote of the members present. Three members can request a secret vote.

Members who are absent from three consecutive sessions without cause are considered excluded, the first alternates taking their places.

ART. 50. In regard to what is decided, the secretary keeps the minutes and notes the names of the members present. The minutes are verified and signed by those who have approved the decisions made. Separate opinions are included in the minutes.

ART. 51. The attributes of the Parish Council:

a) Takes the inventory of parish property;

b) Recommends the sale, purchase, or management of parish immovables, and maintains the property of the church and of its institutions;

c) Supervises the treasury and verifies the documents kept by the Board of Trustees and maintains parish buildings;

d) Furnishes the church with everything necessary;

e) Finds the resources necessary for the support of the priest and of the other celebrants of the church and of its institutions; and for the building and repair of church buildings, reporting to the Parish Assembly regarding everything;

f) Plans projects for eventual repair;

g) Arranges the conditions of the leasing of parish property, subject to the approval of the Diocesan Council;

h) Establishes with the approval of the Diocesan Council the investment program for the liquid assets of the parish;

i) Examines, at the end of the year, the financial situation and then prepares a report on it for the Parish Assembly;

j) Examines and completes the president's annual report, regarding the progress of all the affairs of the parish;

k) Defends the authority of the Church and the honor of church personnel;

l) Makes recommendations to the Diocesan Council, through the deanery office, in regard to parish business.

ART. 52. When certain members of the Parish Assembly do not perform their duties or act in the best interests of the parish or properly administer its property and do not execute the dispositions of higher authorities, the Diocesan Council shall remove them.

If the whole Council is dissolved, the Diocesan Council temporarily creates a commission of five members for the conduct of parish affairs.

The members removed have the right to appeal to the central Church Council, within 14 days from the receipt of the decision of the Diocesan Council.

Vacancies are filled in the Parish Assembly, called no later than 30 days from the removal.

PARISH COMMITTEES

ART. 53. Besides the Parish Council, special parish committees may be created such as:

a) A ladies auxiliary for the furnishing and beautification of the churches and of church grounds; for the help of the poor, the protection and help of the sick and of the aged; and for the support of any institution of public charity.

b) A school committee for the organization of a parish school and for the provision of the school and of the students with what is necessary for learning.

c) A committee for the lay apostolate, for the combat of various sects and faiths contrary to the Orthodox Church and for the organization of youth in a religious circle and a catechetical school.

d) Boy Scouts.

e) Church choirs.

f) A cultural committee for the founding of libraries, the sale of suitable literature, for the organization of educational conferences and cultural societies, etc.

ART. 54. The parish committees shall remain under the supervision of the parish priest, electing their presidents, secretaries, and treasurers from their ranks. At the end of every year they report to the Parish Council on their activities. If these committees are dissolved, their funds go to the parish fund.

THE PARISH BOARD OF TRUSTEES

ART. 55. The Board of Trustees administers the parish property. It is elected for one year and guarantee that they will be good administrators of the church and parish property. They shall be confirmed by the Diocesan Council. They may be re-elected.

ART. 56. The Parish Board of Trustees is made up of three members: the treasurer, the first trustee, the second trustee, and two auditors, who after election take the following oath, before the priest and the Parish Council:

"In the name of the Holy Trinity I, _____________ elected and empowered to the position of trustee (or auditor) of St. Mary Church, declare that I oblige myself to administer with the most perfect honor the movable and immovable property of the parish and to work with all endeavor for its preservation and increase, respecting all church laws and regulations, as well as all the orders and dispositions of the higher authorities. So help me God."

The signature of the trustee (auditor), of the parish priest and of the president of the Parish Council follows.

ART. 57. After taking the oath, the trustees take possession of the parish property from the Parish Council, along with the inventory, recording this in the minutes.

ART. 58. The auditor receives all monies which are collected by the first trustee for the parish, along with a receipt; he deposits them weekly for safekeeping in a suitable bank, and he administers them according to the instruction of the Parish Assembly, making payments by checks counter- signed by the president of the Parish Council for all amounts greater than five hundred dollars ($500). He keeps records of all income and expenses, and prepares a monthly balance sheet.

ART. 59. The first trustee receives all membership dues and fees, the income from collections and candies, donations and any other income from the parish, along with a numbered receipt, and gives, weekly, the sums received, to the trustee-treasurer, from whom he receives a receipt, countersigned by the priest.

ART. 60. The second trustee helps and substitutes for the first trustee.

ART. 61. The trustee-treasurer as well as the first trustee and president of the Parish Council shall be bonded, as arranged by the Diocesan Council, for a sum corresponding to the liquid assets of the parish.

ART. 62. Contracts, insurance policies, and all the valuable papers of the parish are kept by the treasurer and the first trustee in a safety deposit box in a bank designated by the Parish Council.

ART. 63. The auditors are called to supervise the entire administration of the movable and immovable assets of the parish, checking the trustees as often as they deem necessary, but at least every three months, and giving the Parish Council a detailed report on the state of the assets and recommending any measures necessary. They must keep a register of audits, always available to the dean or other auditing organ, when the books are reviewed by the Board of Trustees.

The parish priest, responsible ex officio for the proper function of all parish affairs, is also duty bound to supervise on his part the proper administration of parish assets and to tell the Parish and Diocesan Council of any possible irregularities.

ART. 64. Members of the Board of Trustees and auditors cannot be related closer than the sixth degree by blood and the fourth by affinity.

ART. 65. The Board of Trustees is duty bound to see that all the parish buildings, with all their equipment and furnishings, are always covered by fire insurance.

ART. 66. The Board of Trustees shall keep an inventory, brought up to date annually, of all the movable and immovable assets of the parish, which they shall give to the Parish Council at the end of its administration. The inventory is made in three copies, of which one is kept in the parish office, one by the Board of Trustees, and the other at the Diocesan Council.

ART. 67. The Board of Directors spends nothing not foreseen in the budget, without the authorization of the Council or of the Parish Assembly.

It is concerned with the payment of salaries set for the church personnel; it sends the donations and contributions for diocesan institutions to the Diocesan Council and at the end of the year presents to the Parish Council a report on church income and expenses, with all supporting documents, to be checked and forwarded to the Parish Assembly for verification. The verified accounts are forwarded by the parish office, to the Diocesan Council for approval.

ART. 68. The president of the Parish Council represents the parish in all administrative and financial affairs; he calls and presides at all sessions of the Parish Council; he supervises the administration of parish assets, and sees that both the members of the Council and the trustees do their duties promptly and consciously. In session he shall strictly follow parliamentary procedure, respecting the dispositions and regulations in force. Along with the secretary he signs all documents having to do with the administration of parish assets, and countersigns checks over five hundred dollars ($500) written by the parish treasurer, being responsible for the prompt payment of all parish obligations.

ART. 69. The vice-president assumes all the prerogatives and responsibilities of the president in the latter's absence.

When the president refuses to call a necessary meeting of the Parish Council, the vice-president shall call it.

And when the vice-president shall refuse to call the meeting, it shall be reported to the deanery office.

ART. 70. The secretary, with the president, calls all the meetings of the Parish Council and, together with the parish priest, those of the Parish Assembly, and assists the priest with the work of the parish office.

The secretary keeps a register with the minutes of the meetings of the Parish Council, entering them in a bound register with the pages numbered, and is directly responsible for their proper editing.

THE FILLING OF PARISH VACANCIES

ART. 71. When the post of parish priest becomes vacant, the Parish Council forwards the notice through the deanery office, to the Diocesan Council, for publication in the official organ of the Episcopate, with a term of 30 days, specifying the conditions, in conformity to the norms set.

Applications for the position are sent to the Diocesan Council with documents which prove the qualifications of the applicant and on their basis a list of candidates is made by the dean, with the understanding of the Parish Council, meeting on the eve of the election in special session for this purpose.

Applications received after the final date cannot be considered.

ART. 72. Applicants for the post of parish priest who have the required qualifications must be taken from the candidates list in the order of their qualifications and merits.

ART. 73. The list of candidates, signed by the dean or the delegate of the Diocesan Council and by the members of the Parish Council, is presented to the Parish Assembly, along with the minutes of the meeting of the Parish Council. In case of misunderstanding regarding the list of candidates, the election is postponed until a decision by the Diocesan Council.

ART. 74. The candidates cannot be present during the election; and those who try to form factions, or make propaganda on the day of the election, or try to corrupt the voters, shall be stricken from the list of candidates, no longer having the right to apply for this parish.

ART. 75. The electoral Parish Assembly shall be held no later than 14 days from the termination of the search; it shall be called and presided over by the dean or the delegate of the Diocesan Council.

ART. 76. When the post of parish priest cannot be filled by the procedure outlined in Article 89-93, the Parish Council requests, through the deanery office, the Diocesan Council to fill the post of parish priest by appointment.

ART. 77. Once a priest is definitely elected or appointed to the post of parish priest, he can be removed only on the basis of a definite decision made by a competent church judicial forum, after the completion of a disciplinary inquest.

ADMINISTRATION OF CHURCH ASSETS

ART. 78. In principle church assets cannot be alienated. Exceptions to this principle are permitted only when the vital interests of the Church justify them and only when the closing of the transactions of alienation brings the Church real benefits.

ART. 79. When a parish wants to sell a piece of real estate, the Parish Council makes the decision, which approved by the Parish Assembly with a two- thirds vote, is forwarded, through the deanery office, to the Diocesan Council, for approval.

ART. 80. With the approval of the Diocesan Council, the sale of the real estate is made by the Board of Trustees, at a public auction, during the time announced (30 days), closing the legal contracts of sale, of which one copy is sent to the Diocesan Council, and another kept in the parish archives.

ART. 81. In case of the dissolution of a parish, its total assets go to the central fund of the Romanian Episcopate.