Title I: Canons Relating to Diocesan Structure

Last Updated on January 12, 2012

Canon 1: Of the Ecclesiastical Authority

Sec. 1. The Bishop, if there be one, shall be the Ecclesiastical Authority of the Diocese, for all purposes declared by the Constitution and Canons for the Government of the Protestant Episcopal Church in the United States of America (hereinafter referred to as the Constitution and Canons of The Episcopal Church). If there be no Bishop, the Bishop Coadjutor, if there be one, shall be the Ecclesiastical Authority of the Diocese. If there be no Bishop Coadjutor, the Bishop Suffragan, if there be one, shall be the Ecclesiastical Authority of the Diocese. If there be no Bishop, Bishop Coadjutor, or Bishop Suffragan, the Standing Committee shall be the Ecclesiastical Authority of the Diocese.

Canon 2: Of the Convention

Sec. 1.
(a) It shall be the duty of all Clergy entitled to vote in the Convention to attend the same, and of each Parish in union with the Convention to send one or more Lay Delegates, not exceeding three, elected by the Vestry, before the meeting of the Convention, from among the adult communicants in good standing qualified to vote, of said Parish. The Clerk of each Parish shall, at least thirty days before the meeting of any Convention, send to the Secretary of the Convention, for each delegate elected as aforesaid, a Certificate in the form prescribed in Section 4 of this Canon.
(b) Resolutions may be submitted to a Convention of this Diocese by any Bishop serving in this Diocese; members of the Clergy listed on the Bishop's list described herein; Lay Delegates, Lay Alternate Delegates and Special Youth Representatives to the Convention; any Vestry of this Diocese; any three Communicants in good standing of this Diocese; and appointed members of commissions, committees and boards of this Diocese.
(c) The Secretary of Convention shall make a list of the names of the delegates thus certified to be used by the Secretary at the organizing of the Convention. The list shall be appended to the Convention Journal.
(d) Within thirty days before the meeting of every Convention, the Bishop shall cause to be prepared a list of the deacons and priests canonically resident in the Diocese, annexing the name of their respective Parishes, entitled to vote in said Convention. In regard to such clergy not serving a Parish, the nature of the ministry in which the deacon or priest is engaged shall be noted. No member of the clergy, while suspended, shall have a place on such list. The list shall be appended to the Convention Journal and sent to the Secretary of the General Convention.
(e) The decision of the Bishop as to the right of any deacon or priest to a seat and vote in the Convention shall be final.

Sec. 2. Except with respect to elections, consideration of changes in the Constitution and Canons, and procedural questions, all action of the Convention shall be by Resolution. No Resolution shall be considered by the Convention unless the subject matter thereof shall have been embraced within a proposed form of Resolution submitted to the Secretary for advance distribution to the members of Convention and for review by a Resolutions Committee appointed by the Ecclesiastical Authority. The Secretary shall not accept any such submission of a proposed Resolution fewer than forty-five days prior to the date set for the Convention unless, with respect to a Resolution submitted to the Secretary at least five days before such date, it is demonstrated to the satisfaction of the Bishop that there is good cause for such delay and provide to all congregations the proposed diocesan budget and resolutions for the Annual Convention no fewer than two weeks prior to the Convention. Any provision of this Section 2 may be waived in a particular case by the Convention upon a majority vote of the delegates.

Sec. 3. The form printed in Appendix I shall be the form used by a Parish for the Certification of Lay Delegates to an Annual or Special Convention.

Canon 3: Of the Election of a Bishop

Sec. 1. Whenever the election of a Bishop is required as provided in the Constitution and Canons of The Episcopal Church, the Standing Committee shall establish a process for the nomination and election of such Bishop.

Canon 4: Of the Secretary

Sec. 1. In giving notice of the meeting of any Convention, the Secretary shall send a form for the certification of Lay Delegates. (See Appendix I for form of certification. If the Congregation is without a Rector this notice shall be sent to the Senior Warden.)

Sec. 2. It shall be the duty of the Secretary to take minutes and record of all proceedings of any Convention; to attest its public acts, preserve its records, notify the Clergy and Congregations of the times and places of all Annual and Special Conventions as provided by the Constitution; to cause to be printed as soon after the Convention as may be possible, a correct report of the proceedings of the Convention, with the reports submitted to it, and forward copies thereof to each member of the Clergy in charge of a Congregation, and to each Congregation in union with the Convention. The Secretary shall deliver to the successor Secretary all books and papers belonging to the Convention which may be in the Secretary’s charge.

Canon 5: Of the Treasurer

Sec. 1. It shall be the duty of the Treasurer of the Diocese to receive, disburse, and account for all monies collected under authority of the Convention of which the collection and distribution shall not otherwise be regulated. The Treasurer shall be ex-officio a member of the Convention and shall render annually to the Convention an accounting of all funds for which the Treasurer is responsible.

Sec. 2. The Treasurer of the Diocese shall be the Treasurer of the Diocesan Council and shall receive, disburse, and account for all moneys collected under authority of the Diocesan Council, of which the collection and distribution shall not otherwise be regulated. The Treasurer shall be ex-officio a member of the Diocesan Council and shall render to the Diocesan Council an accounting of all funds for which the Treasurer is responsible.

Sec. 3. Before assuming office, the Treasurer shall file with the Trustees of the Diocese of Ohio a bond or bonds conditioned for the faithful performance of the duties of the Treasurer and persons subordinate to the Treasurer, indemnifying the Diocese of Ohio in the sum of not less than one hundred thousand dollars ($100,000), the cost of which bond or bonds shall be paid by the Diocese.

Sec. 4. All monies belonging to the Diocese or to the Diocesan Council shall be deposited in such banking institutions or invested in such manner as shall be selected by the Treasurer and approved by the Financial Development Commission or other appropriate diocesan authority and in the name of the Diocese of Ohio, but subject to the order of the Treasurer, all interest accruing thereon shall inure to the sole use and benefit of the Diocese of Ohio.

Sec. 5. The accounts of the Treasurer shall be audited annually by an independent Certified Public Accountant who shall report the findings to the Diocesan Council.

Canon 6: Of the Standing Committee

Sec. 1.
(a) At their first meeting after election, the Standing Committee shall organize by the election of officers, in accordance with the provision of Canon I. 12. 1 of the Canons of The Episcopal Church.
(b) The Standing Committee, having been duly cited to meet, shall have a quorum for the transaction of business, so long as any five of the Standing Committee, at least two of whom shall be priests and two of whom shall be members of the laity, are present. This rule shall not be in force in cases for which provision is already made in Canon I. 12. 2 of the Canons of The Episcopal Church.
(c) All certificates, testimonials, and applications, as required by the Constitution and Canons of The Episcopal Church, to be laid before the Standing Committee shall be forwarded to the Secretary of the Standing Committee at least fifteen days before the known or published date of any meeting at which such papers are to be presented to the Standing Committee for consideration. It shall be the duty of the Secretary to notify all the members of the Standing Committee, of every such application, as soon as possible after receipt. It shall be the duty of the Secretary of the Standing Committee to keep a faithful record of the proceedings in a book provided for that purpose, to preserve the originals of all papers or letters addressed to the Standing Committee, to attest their acts, and to deliver to the successor Secretary all books and papers which in virtue of the office have been committed to the Secretary. The minutes of the Standing Committee, and all other papers in their hands relative to the Church, shall be subject to examination by the Bishop or by the Convention. A report of the acts of the Standing Committee shall be made annually to the Convention.

Sec. 2. Vacancies occurring in the Standing Committee shall be filled by vote of the remaining members with the concurrence of the Bishop.

Sec. 3. In exercising its power to fill vacancies, the Standing Committee, in addition to considering experience and other qualifications for service, shall use its appointment power to further Christian policies of fairness, justice, and inclusiveness with regard to race, sex, age, disability, and ethnic origin, and to ensure fair representation on Diocesan governing bodies.

Sec. 4. As provided in Canon 1, the Standing Committee shall act as the Ecclesiastical Authority in the absence of the Bishop, Bishop Coadjutor, or Bishop Suffragan.

Canon 7: Of the Diocesan Council

Sec. 1. The Diocesan Council as hereinafter constituted develops and implements its work through constituent bodies and commissions that it may establish from time to time. The Diocesan Council shall also be responsible for the initiation and development of new work between sessions of the Annual Convention. The Bishop shall be the executive head of all such work. The Diocesan Council shall have power to receive and administer all funds raised within the Diocese for the above-named purposes, subject, however, to the provisions of the Constitution and Canons of this Diocese and to the direction of said Convention and provided that all trust funds now in the possession of the Trustees of the Diocese, or that shall hereafter come into their possession, shall remain in their hands and that the income from such funds shall be appropriated according to the terms of the trust.

Sec. 2. The Bishop shall be the President of the Diocesan Council. The Bishop Coadjutor, if there be one, shall be vice-president of the Diocesan Council. The Treasurer of the Diocese shall be the secretary and treasurer of the Diocesan Council. The Chancellor, the President of the Episcopal Church Women, and a Special Youth Representative appointed by the Ministry with Young People Cluster shall be ex-officio members of the Diocesan Council. If there be no Bishop Coadjutor, the Bishop Suffragan, if there be one, shall be the vice-president of the Diocesan Council. In the absence of the Bishop, the Bishop Coadjutor, or the Bishop Suffragan, the Council may elect one of its own members to preside.

Sec. 3. In addition to the above named officers there shall be:

Sec. 4.
(a) At-large members of Council shall be elected by an annual meeting of the Diocesan Convention. At each Annual Convention of the Diocese there shall be elected two members of the clergy and two members of the laity to serve for a term of three years and until their successors are elected. No member of the Diocesan Council shall hold concurrent membership on the Standing Committee, and no member of the Bishop’s staff shall serve on the Diocesan Council except as provided in Section 2.
(b) The two members of the clergy and the two members of the laity elected to full terms, when their terms have expired, shall be ineligible for re-election to the Diocesan Council at the Annual Convention next succeeding, and shall remain ineligible for service as members of the Diocesan Council for a period of one Convention year.

Sec. 5.
(a) Each Mission Area is entitled to elect a representative to the Diocesan Council. Such representative may be a lay person, a priest, or a deacon. Mission Area representatives shall be elected as specified in Title II. Canon 3. Sec. 5, to serve for a term of not more than three years.

Sec. 6.
(a) The Bishop shall appoint the chairs and members of each Commission of the Diocesan Council, subject to confirmation by the Diocesan Council. A member of Diocesan Council shall be appointed to full membership on each Commission and shall serve as the Commission’s liaison to the Diocesan Council.
(b) Each Commission shall make to the Diocesan Council annually, and at such other times and in such form as Diocesan Council may require, a report of the work done under its direction.

Sec. 7. The Diocesan Council shall meet at least six times between meetings of the Annual Convention and at such other times as the Bishop may convene them. Each of the Commissions shall meet at least twice during the same period. Any eleven members of the Council at a regularly scheduled or duly announced special meeting shall constitute a quorum, provided that at least three are lay members and at least three are clerical members of the Council. The Bishop, if present, counts as one of the necessary eleven members of Council. The three clerical members, however must be either priests or deacons elected by Convention or their Mission Area.

Sec. 8. The Diocesan Council shall establish, triennially, mission and ministry priorities for the program of the Diocese subject to confirmation by the Annual Convention.

Sec. 9. The Diocesan Council shall develop a Program and Budget for the work of the Church in the Diocese and shall submit the same to the Annual Convention of the Diocese for its adoption and approval.

Canon 8: Of the Trustees

Sec. 1. The Trustees of the Diocese of Ohio (the Trustees of the Diocese) is a not-for-profit corporation, incorporated under the laws of the State of Ohio. The Articles of Incorporation of the Trustees of the Diocese provide that the corporation be governed by a Board of Trustees (the Board). The Board shall consist of five Trustees elected by the Annual Convention. The Bishop shall be an ex-officio member of the Board. The term of office of a Trustee shall be five years with one Trustee elected for a five year term at each Annual Convention. In the event that a Trustee is unable or unwilling to complete the Trustee’s term, the Bishop may appoint an individual to fill the vacancy until the next Annual Convention. In such event, the Convention shall at its next regular meeting elect a Trustee to complete the unexpired term. Trustees may be elected to successive terms in office.

Sec. 2. The Trustees are charged with the investment management of endowment funds of the Diocese and funds derived from parishes receiving aid or extinct parishes. The Trustees may, on request, assume investment management of other funds, including other Diocesan funds, and funds of parishes, parish organizations, and other not-for-profit organizations which are affiliated with The Episcopal Church, through the Joint Investment Fund(s). No action of the Convention shall be necessary to validate any act of the Trustees. The Trustees shall report annually to the Convention concerning the actions of the Trustees during the prior year. All accounts shall be audited annually by independent Certified Public Accountants who shall report their findings to the Diocesan Council. The Trustees may contract with third parties for services to the Trustees including custodianship, investment advice, and financial reporting.

Sec. 3. The Trustees may, from time to time, receive or accept gifts as trustees of the property and shall disburse income and/or principal in accordance with the intentions of the donor.

Sec. 4. The Trustees shall hold title to real property for Parishes receiving aid. Such title shall be held in trust for the use of the such Parish so long as it shall exist as a Parish receiving aid.

Sec. 5. The Bishop, if present, shall preside at any meeting of the Board. The Trustees shall elect a President annually from among the members of the Board. The Treasurer of the Diocese shall serve as Secretary and Treasurer of the Trustees and need not be a member of the Board. The Board shall meet quarterly, or upon the call of the Bishop, or upon the call of any two members of the Board.

Sec. 6. The Convention may, by a two-thirds majority vote by orders, establish, and from time to time amend or repeal, one or more specific and objective criteria for social responsibility in investment which shall be binding upon the Board in the investment of Diocesan funds, subject to any applicable legal requirements in governing documents with respect to particular funds. The Diocese shall indemnify each Trustee against expenses, including attorneys’ fees, judgments, and amounts paid in settlement actually and reasonably incurred with respect to actions taken in good-faith efforts to comply with any such criteria, to the full extent and in the manner permitted by law.

Canon 9: Of the Deputies to General Convention

Sec. 1. The Annual Convention shall elect in the year following each General Convention, four clergy canonically resident in the Diocese, and four members of the laity who shall be adult communicants in good standing of the Church in the Diocese, to act as Deputies from this Diocese to the General Convention. The next Annual Convention shall elect, in like manner, four clergy and four members of the laity, with like qualifications, as Provisional Deputies. These Provisional Deputies shall fill any vacancy in the order of their election. The Deputies and Provisional Deputies shall hold their respective office(s) until their successors are elected, and shall be Deputies, or Provisional Deputies, for any General Convention which may be held during their continuance in office.

Sec. 2. If there are one or more vacancies at the time of the election of Provisional Deputies, the Annual Convention shall elect additional Provisional Deputies to fill any such vacancies.

Canon 10: Of the Development Council of Episcopal Community Services Foundation

Sec. 1. The Development Council of Episcopal Community Services Foundation shall consist of the Diocesan Bishop, and 19 additional members who shall each serve a term of three years and shall be eligible for reappointment or reelection. Each year, the Convention shall elect one member of the clergy and three lay persons, and the Bishop shall appoint one member of the clergy and one lay person. All persons elected or appointed shall be communicants in good standing of the Diocese of Ohio. In addition, the Dean of the Cathedral shall appoint one member to serve as the Cathedral's representative to the Development Council and to represent the interests of The Church Home endowment. The Bishop shall serve as chair of the Development Council, and may appoint a member of the Development Council to chair meetings in the Bishop's absence. The Development Council may invite other persons to serve on subcommittees or assist in its work.

Sec. 2. Vacancies in the Development Council shall be filled by the Bishop until the next annual Convention.

Canon 11: Of the Commission on Ministry

Sec. 1. The Commission on Ministry as hereinafter constituted shall have those duties and responsibilities as provided by the Canons adopted by The Episcopal Church. The Commission on Ministry shall also be responsible for presenting to each Annual Convention a resolution on the minimum standard of compensation for clergy as required by the Canon “Of Minimum Clergy Compensation.”

Sec. 2. The Bishop shall be a member of and the Chair of the Commission on Ministry and may designate a Diocesan Staff person to serve the Commission on Ministry. The Bishop may appoint a member of the Commission on Ministry to chair meetings in the Bishop’s absence.

Sec. 3. In addition to the Bishop, there shall be no fewer than sixteen members of the Commission on Ministry, evenly divided between clergy canonically resident in the Diocese and members of the laity who are adult communicants in good standing of the Church in the Diocese. The Commission on Ministry may invite other persons to serve on subcommittees or assist in its work.

Sec. 4. The Bishop shall nominate annually to the Annual Convention persons to fill vacancies in membership on the Commission on Ministry, and shall seek Convention approval of these nominations.

Sec. 5. The term of office of each member shall be four years. Vacancies occurring in the Commission on Ministry shall be filled by the Bishop after consultation with the Standing Committee, and reported to the next Annual Convention. Those appointed to the Commission on Ministry, when their terms have expired, shall be ineligible for reappointment for a period of one Convention year.

Canon 12: Of Preparation for Ordination

Sec. 1. Any person seeking ordination as a Deacon or Priest in the Diocese of Ohio shall be subject to the provisions of the Constitution and Canons of The Episcopal Church and such other procedures authorized by the Bishop and the Standing Committee.

Canon 13: Of the Archivist

Sec. 1. It shall be the duty of the Archivist to gather and preserve all journals, files, papers, reports, catalogues, and other documents as may be useful for reference or bear upon the history of the Church in the Diocese of Ohio. The Archivist shall hold the same under such regulations and restrictions as the Diocesan Council may from time to time prescribe.

Canon 14: Of the Diocesan Fund

Sec. 1.
At each Annual Convention an assessment shall be made upon all parishes in the Diocese, according to the formula set forth in Section 2 of this Canon.

Sec. 2.

Sec. 3.

Sec. 4.
Parishes in arrears on the day delegate certificates are canonically due shall retain seat and voice at following Diocesan Convention but forfeit their lay representation vote. Parishes are deemed in arrears when they fail to pay their Diocesan assessments in full for all months up to and including the last day of the fifth month prior to Diocesan Convention. There is no power entrusted to the Convention or any Committee thereof to waive this fault.