Title II: Canons Relating to the Congregations of the Diocese

Canon 1: Of Parishes

Sec. 1. Parishes are constituent parts of the Diocese of Ohio. Each Parish shall make provision in its By-Laws or Articles of Incorporation acknowledging its accession to the doctrine, discipline, and worship of the Episcopal Church and to the canons of General Convention and of the Diocese of Ohio. As provided in the canons of General Convention, parishes hold title to all real and other property in their care and custody in trust for the Diocese.

Sec. 2. The provisions of this canon shall apply equally to all parishes of the Diocese, except that any parish receiving financial assistance for the support of its program and property shall be subject to the provisions of Section 13 of this Canon, which shall, in all cases of conflict, supersede any provision of the other sections of this Canon. Questions of interpretation arising with respect to this Canon shall be decided by the Ecclesiastical Authority.

Sec. 3.
(a) In every Parish of the Diocese, there shall be held an Annual Meeting, for the election of members of the Vestry and for the transaction of such other business as may properly come before such meeting. Unless otherwise provided (by Articles of Incorporation, By-Laws, or by Resolution), such meeting shall be held on the third Sunday of January in each year.
(b) Special Meetings of the Parish may be called as provided by a Parish’s Articles of Incorporation or By-Laws.

Sec. 4.
(a) Every Parish shall establish, in its Articles of Incorporation or By-Laws, provisions for giving public notice of, and for establishing a quorum for the transaction of business at all Annual and Special Meetings. Such notice shall be given no fewer than one nor more than three weeks prior to any meeting. Such quorum shall consist of not fewer than ten qualified electors, provided that a smaller number may adjourn any meeting to a date not fewer than seven, nor more than fourteen days thereafter.
(b) The Rector of the Parish shall, if present, preside at all such meetings. In the absence of the above, an officer of the Parish shall preside, in the following order of priority:
If none of the above is present, the meeting may elect a qualified elector as its presiding officer.

Sec. 5.
(a) All members of the Parish who are communicants in good standing as defined by the Canons of The Episcopal Church and being not under sixteen years of age, shall be qualified to vote in its meetings. (The pertinent canon from the Canons of The Episcopal Church is printed in Appendix II of these Canons.)
(b) The presiding officer of any meeting shall be the judge of the qualifications of any person to vote who shall offer to do so, subject, however, to appeal and final determination by a two-thirds majority of the electors present at such meeting.

Sec. 6.
(a) Every Parish shall, in its Articles of Incorporation or By-Laws, make provision for a Vestry, to consist of no fewer than five nor more than eighteen members, to be elected from among qualified electors of the Parish, to act as its agent in the care and custody of its property, and in its relations with its clergy, as provided in the Canons of The Episcopal Church.
(b) The Vestry shall meet regularly at least quarterly, at such time and place as it shall by resolution determine. A special meeting shall be called upon the written request of any two members of the Vestry, or by the Rector; or, in the absence of a Rector, by the Senior Warden; or, in the absence of both Rector and Senior Warden, by the Junior Warden.
(c) The Rector of any Parish shall be entitled to receive notice of and to have seat and voice at all meetings of the Vestry, and, when present, shall preside. When no Rector is present, officers of the parish shall preside as provided herein. The presiding officer shall make appointments to all committees, except as otherwise provided by the Articles of Incorporation or By-Laws of the Parish.

Sec. 7.
(a) Members of the Vestry shall be elected by ballot at the Annual Meeting of each Parish, for such terms and in such number as the Articles of Incorporation or By-Laws of the Parish shall, subject to the provisions of Section 4 (a) of this Canon, provide. Members shall serve until the expiration of their terms, and until their successors shall have been elected and qualified. Parish by-laws may provide for removal from office prior to the expiration of a term, for cause. No member of any Vestry shall be elected to more than two consecutive full terms, nor be re-elected or appointed until one year shall have elapsed following the expiration of the second term.
(b) Parishes may establish additional procedures, not in conflict with Canon law, regulating the filling of vacancies.

Sec. 8.
(a) The Vestry shall elect and call a Rector, as required, subject to the provisions herein, and other provisions of these Canons and those of The Episcopal Church.
(b) The Vestry shall also, at its first meeting after any Annual Meeting (and thereafter as required), elect the following officers of the Parish: a Senior Warden and a Junior Warden, both of whom shall be elected from its own number; a Clerk and a Treasurer from among qualified electors of the Parish.

Sec. 9.
(a) The Rector shall, in addition to such duties as shall be prescribed by the Book of Common Prayer and by Canon, have exclusive direction of all spiritual concerns of the Parish, in subordination to the Ecclesiastical Authority and Canon law, and have full direction and control of all guilds, societies, and associations within the Parish.
(b) It shall be the duty of the Vestry to take charge of the property of the Parish and its business interests except those reserved to the Rector. It shall also be the duty of the Vestry to provide said Rector with compensation consistent with the provisions of the Canon “Of Minimum Clergy Compensation,” to pay all lawful assessments on the parish, to keep order in the Church during Divine Service, and in general, to assist in the furtherance of the Gospel and the well-being of the Parish.
(c) It shall be the duty of the Wardens to work with the Rector in establishing a climate of mutual trust and honesty within which the Parish can be provided with effective leadership and its problems addressed and mission furthered. It shall be the duty of the Wardens to work with the Rector to identify and hear the concerns and ideas of the Parish, and to communicate the concerns and ideas of the parish leadership to the Parish at large. It shall also be the duty of the Wardens to collect the alms and to disburse such alms in case the Parish is without a Rector; and to provide for the celebration of public worship and the instruction of the Parish, as circumstances may permit.
(d) The Clerk of the Parish shall also act as Secretary of the Vestry, and it shall be the duty of the Clerk to take, record, and preserve minutes of the proceedings of any Regular or Special meeting of the Parish and of the Vestry, to attest to its public acts, to preserve all records and papers belonging to the Parish not otherwise provided for, to perform such other duties as are usual and customary to this office, and to transmit promptly to the successor Clerk all of the Parish’s documents in the Clerk’s possession.
(e) It shall be the duty of the Treasurer to receive, deposit, disburse, and account for all monies collected for any and all church purposes, subject to the provisions of the Canon “Of Business Methods in Church Affairs” and such By-Laws as the Parish shall adopt. The Vestry may, in its discretion, appoint treasurers for funds raised for special purposes, provided that the provisions of the Canon “Of Business Methods in Church Affairs” be faithfully observed.

Sec. 10. No Vestry shall alienate or encumber any real property of the Parish whose agents they are except as hereinafter provided:

Sec. 11.
(a) When submitting the Parochial Report, each parish shall also submit financial statements including a statement of assets, liabilities, and net assets, an IRS Form 990 (if required by the IRS), and a brief report on the activities of any related entity which has a separate annual budget of $25,000 or more. Such report shall indicate whether such entity has a governing board separate from the vestry of the parish. The report shall list the names and addresses of the governing board members, and such related entity shall timely respond to any inquiries from the Bishop and the Standing Committee concerning the report.
(b) In establishing any related entity, no parish shall list the Diocese of Ohio or the parish itself as an incorporator, agent, guarantor or responsible party without the prior written consent of the Bishop and the Standing Committee.
(c) For purposes of this section, a “related entity” includes, but is not limited to, a daycare center, homeless shelter, school or educational institution, corporation, foundation, trust, nursery, outreach program or similar entity which uses the name of or a variant of the parish’s name, and/or uses facilities, resources and/or personnel of the parish, and/or over which the parish exercises some degree of control.

Sec. 12.
(a) Upon the resignation, retirement, or death of the Rector of any Parish, the Senior Warden thereof shall notify the Ecclesiastical Authority of the Diocese.
(b) No person shall be elected Rector of any Parish until the name of such nominee shall have been made known to the Ecclesiastical Authority and sufficient time (not exceeding thirty days) shall have been given for the Ecclesiastical Authority to communicate with the Vestry thereon, nor until such communication, if made, shall have been considered at a meeting of the Vestry duly held for that purpose.
(c) No person shall be elected or appointed Assistant Clergy in any Parish until the name of the nominee shall have been made known to the Ecclesiastical Authority and sufficient time (not exceeding thirty days) shall have been given for the Ecclesiastical Authority to communicate with the Rector thereon.

Sec. 13.
(a) The provisions of this section shall apply to all parishes receiving financial assistance from the diocese for the support of their program and property.
(b) The Member of the Clergy in charge shall be nominated by the Vestry, and shall be appointed by, and serve at the pleasure of, the Ecclesiastical Authority. Such person shall otherwise have the authority and responsibility of the Rector in any other parish.
(c) The Ecclesiastical Authority may undertake such steps as are deemed necessary to initiate the formation of aided parishes, provided there is compliance with the provisions of the Canon “Of New Parishes.” Application for the undertaking of a new parish shall be made to the Ecclesiastical Authority in the following form:



All real and other property, acquired by the Diocese for the benefit of a new parish, upon the recommendation of the Trustees of the Diocese, may be conveyed to, transferred to, or vested in a Parish corporation at such time as the Diocesan Council determines that, the Parish has (if necessary) become incorporated; provided, that the provisions of the Canon ‘Of New Parishes’ be complied with, as applicable. Such conveyance, transfer and vesting shall be in trust, as specified in Section 1 above.

Canon 2: Of the Cathedral

Sec. 1. Trinity Cathedral, an Ohio corporation, is hereby recognized as the Cathedral Church of the Diocese of Ohio. Use of the Cathedral property by the Diocese shall be agreed upon, from time to time, by the Ecclesiastical Authority, the Dean, and the Vestry.

Sec. 2. There shall be a council of advice to the Cathedral, to be called the Cathedral Chapter, which shall meet at least once per year. The Chapter shall consist of the following:

Sec. 3. The Vestry shall elect a Dean upon nomination of the Bishop of the Diocese in consultation with a search committee of the Cathedral Parish. The Dean may appoint residentiary Canons and Assistant Clergy upon the nomination of the Bishop.

Sec. 4. The Cathedral shall be entitled to have the same representation in the Diocesan Convention as is provided by Canon for a Parish.

Sec. 5. The Cathedral may, by specific provisions in its Articles of Incorporation, delegate investment management of the assets of the Cathedral to a Board of Trustees. Any such delegation shall be subject to all applicable Canons of The Episcopal Church.

Canon 3: Of Mission Areas

Sec. 1. Congregations in the Diocese of Ohio shall be organized into eight Mission Areas by action of Diocesan Council. The areas shall be known as: Central East, Cuyahoga, North Central, Northeast, South Central, Southeast, Summit, and West.


Sec.2. Each Mission Area shall form a Mission Area Council comprised of all active parochial clergy of the Mission Area and two laypersons from each parish.


Sec.3. The duties of the Mission Area Council include:

Sec. 4. Mission Areas or Mission Partnerships shall conduct their business affairs through one of their constituent parishes or by the creation of an independent not-for-profit corporation, which shall, in every case, comply with the provisions of the Canon “Of Business Methods in Church Affairs.”

Sec. 5. Mission Area Council Representatives to Diocesan Council.

(a) Members of Diocesan Council elected as Deanery Representatives in 2007 or 2008 shall continue to serve as Mission Area Representatives until their terms on Diocesan Council conclude.
(b) Each Mission Area Council shall elect a single representative, lay or ordained, from its body to Diocesan Council at its Pre-Convention meeting. Such representatives shall serve for a term of three years and may not be reelected without a year’s break in service.
(c) At the first Mission Area Council meeting in 2010, the Central East and Northeast Mission Area Councils will elect representatives to Diocesan Council whose term will begin immediately and conclude on November 30, 2012. Thereafter Mission Area representatives will be elected in the following rotation and their terms will begin on December 1 of the year they are elected:
2010 – Summit, North Central, Youngstown
2011 – Cuyahoga, South Central, West
2012 – Central East, Northeast
(d) Mission Area representatives shall be responsible for reporting to Diocesan Council on the mission and ministry being carried out in their Mission Area, and for representing the interests of their Mission Area parishes in the affairs of the Diocese.
(e) No Mission Area representative to the Diocesan Council shall hold membership on the Standing Committee concurrently with a term of service on the Diocesan Council. Vacancies in office shall be filled by the Mission Area Council for the remainder of the unexpired term, and any person so chosen shall be eligible for re-election. The Mission Area representatives elected, when their terms have expired, shall be ineligible for re-appointment for the term next succeeding, and shall remain ineligible for service as members of the Diocesan Council for a period of one Convention year.

Canon 4: Of Shared and Regional Ministries

Sec. 1. Whenever two or more Congregations wish to share resources to provide ministry to a geographic region of the Diocese, or to a particular region in conjunction with a neighboring diocese, they shall draft a Covenant in consultation with the Bishop or the Bishop’s appointed representative(s).

Sec. 2.
The Covenant shall contain, at least:

(a) The method of selection of the leadership that will be shared by the Shared Ministry, including ordained clergy and licensed lay ministries;

(b) The method of financing the Shared Ministry including the shared lay and ordained leadership;

(c) The method by which the Shared Ministry governing body is chosen;

(d) The responsibilities of the Shared Ministry governing body and the Wardens and Vestry of the member congregations, and;

(e) The method by which individual congregations may associate with or disassociate from the Shared Ministry.

The Covenant shall be approved by a two-thirds majority vote by each Vestry of the individual congregations, and shall be subject to the approval of the Bishop.

Sec. 3. Any congregation in the Diocese entering into a cooperative ecumenical or interfaith ministry with a congregation involving building use or other shared resources including personnel shall be obliged to conform to the provisions of Sections 1 and 2 of this Canon. Said Covenant must be reviewed by the Chancellor and is subject to the approval of the Bishop.

Sec. 4. Any such Covenants shall be subject to all provisions of the Constitution and Canons of The Episcopal Church and this diocese.

Sec. 5. Clergy in charge of Shared Ministries shall have in each of the member congregations the canonical privileges and responsibilities of Rectors under the national and diocesan Canons. If the Shared Ministry receives diocesan aid for its operating expenses, its clergy in charge are nominated by the Shared Ministry and appointed by, and serve at the pleasure of, the Ecclesiastical Authority.

Sec. 6.
(a) Shared Ministries are subject in their financial transactions and reporting to the requirements of the standard business methods set forth in the applicable Canons of the Episcopal Church, and the supplemental business practices guidelines and procedures established by resolution of the Diocesan Council.
(b) Shared Ministries shall annually submit audited financial statements of the monies under their control, according to the business practices guidelines and procedures established by resolution of Diocesan Council.

Canon 5: Of New Parishes

Sec. 1. No new parish shall be formed nor shall the site of any new church building be determined nor the site of any existing church building be changed without the written consent of the Bishop of the Diocese, acting by and with the advice and consent of the Diocesan Council, given after consideration of the interests of neighboring congregations.

Sec. 2. For the organization of a Parish, the following Agreement of Association must be signed by no fewer than twenty persons who intend to be supporters of the Parish: “We, the undersigned do associate ourselves for the purpose of maintaining the worship of God and preaching the Gospel, according to the doctrine, discipline and worship of The Episcopal Church, under the name of the Parish of . . . . . . . . . . . . Church, in the town of . . . . . . . . . . and County of . . . . . . . . , State of Ohio, and do hereby promise conformity to the Constitution and Canons of The Episcopal Church and of the Diocese of Ohio. We do further represent that said Parish shall hold all of its property as a trustee for the Episcopal Church in the Diocese of Ohio, and that the foregoing covenants shall be given effect in the Articles of Incorporation to be adopted for the said Parish.”

Sec. 3. After twenty persons shall have signed the Agreement of Association, a meeting of the same may be called on ten days’ notice. At this meeting such steps shall be taken as are necessary to the incorporation and organization of the Parish under the laws of the State of Ohio. The Articles of Incorporation shall contain the name, and also the promissory and purpose clauses, as set forth in the Agreement of Association. The minutes of the meeting shall be recorded in a book to be kept as a record of the proceedings of the Vestry or Bishop’s Committee and Parish meeting in which shall be also kept the Articles of Incorporation.

Sec. 4.
(a) A certified copy of the Articles of Incorporation, and of minutes of the meeting for organizing the Parish, shall be sent to the Bishop without delay together with notice that the Parish will apply for admission into union with the Convention. At a subsequent Convention this application shall be made, and for this purpose a certified copy of the aforesaid papers shall be presented.
(b) In addition to the above Articles of Incorporation, there shall be presented to the Ecclesiastical Authority such evidence of financial independence, both as to history and as to future prospect as shall be deemed sufficient by said Ecclesiastical Authority to warrant the endorsement of said application to the Diocesan Convention. The Trustees of the Diocese of Ohio may in its discretion retain title to property of newly organized parishes until three successive years of fulfillment of diocesan obligations, as expressed in terms of payment of diocesan assessments and clergy pension assessments, shall have elapsed.

Sec. 5. If two or more parishes shall desire to consolidate or unite and become one, application in writing for permission so to do shall first be made to the Ecclesiastical Authority. No later than one month from the receipt of the application, the Ecclesiastical Authority, acting by and with the advice and consent of the Diocesan Council, and after consideration of the interests of neighboring congregations, shall render a decision in writing, either giving or refusing license for the change; and that decision shall be final.

Canon 6: Of Imperiled Parishes

Sec. 1. A congregation may be declared to be an Imperiled Parish under Section 3 (below) when one or more of the following conditions shall exist:

(a) Any of several conditions which would render a parish liable to action under Article IX of the Constitution of the Diocese; viz., employing a member of the clergy under ecclesiastical censure or process; permitting a church edifice to be used for purposes incompatible with its consecration; any persistent course inconsistent with the doctrine, discipline or worship of this Church.

(b) The parish shall refuse or neglect to assemble and elect a Vestry, as provided in these canons; or shall fail of representation at any Annual Convention of this Diocese; or shall neglect to pay diocesan assessments.

(c) The parish shall have failed to search for and elect a rector after a reasonable period of time.

(d) The parish shall have failed to comply with the provisions of the Canon “Minimum Annual Compensation of Clergy,” or the Canon, “Of Lay Pensions;” or shall fail to maintain adequate insurance as required under the provisions of the Canon, “Of Business Methods in the Church.”

(e) The parish shall fail to make timely reports or to submit a Certificate of Audit as required by the Canon, “Business Methods in Church Affairs.”

(f) Financial reports reveal invasion of the principal portion of endowment funds, or other evidence of financial instability sufficient, in the judgment of the Bishop and Standing Committee, to warrant action under this canon.

Sec. 2. Action under this canon may be initiated in any of the following ways:

(a) The Rector or Vestry of any such congregation may invite the pastoral intervention of the Bishop.

(b) The Bishop, being aware of the conditions enumerated in Section 1 of this Canon, and acting in his or her capacity as Chief Pastor, may appoint a committee of three persons to seek amelioration of the condition(s), and to report to the Bishop thereon.

(c) Such intervention may be initiated upon the affirmative vote of a majority of the members of the Standing Committee.

Sec. 3. In the event that the conditions specified shall persist, the Bishop, with the consent of the Standing Committee, may declare the congregation to be an Imperiled Parish, and require the application of one or more of the following measures to restore health to the congregation:

(a) appointment of the Bishop of five or more adult communicants of the Parish to govern the affairs of the Parish as the Vestry, during the pendency of these conditions, and notwithstanding any other provisions for such governance, or for the election of a Vestry;

(b) designation of the Rector of the Parish as Vicar, during the pendency of these conditions;

(c) conveyance of title of all real property to the Trustees of the Diocese, who shall hold the same in trust during the pendency of these conditions;

(d) such other measures, during the pendency of these conditions, as the Bishop, with the concurrence of the Standing Committee, shall determine.

Sec. 4. It shall be the obligation of all parties to labor to restore the Parish to a greater degree of health, setting forth problems to be addressed in an open, honest manner and working toward the resolution of such problems in a climate of respect and charity, and for the greater good of the Church’s witness to its Lord.

Sec. 5. When any parish shall fail to elect a Vestry, the Bishop, with the advice and consent of the Standing Committee, shall appoint three trustees to take charge of the property of the Parish and exercise the rights and functions of a Vestry, until the Parish shall have elected a Vestry under the provisions of this Canon.

Sec. 6. No parish, not being declared extinct under the provisions of Title II. Canon 7., above, shall have its connection with the Diocese dissolved under Article IX of the Constitution except by the affirmative vote of two-thirds of the members of the Convention of the Diocese, and until the alleged delinquency shall have been carefully investigated by a Committee appointed by the Bishop after due notice to the Parish. The action of the Convention shall be upon the report of such Committee.

Canon 7: Of Declaring Parishes Extinct

Sec. 1. No parish shall be declared to be extinct except upon the affirmative vote of two-thirds of the members of any Convention of the Diocese, and in conformity with the further provisions of this Canon.

Sec. 2. Such vote shall be upon a special report of the Committee on Canons, which shall, upon the petition of the Bishop or of the Standing Committee, consider the question, with all the evidence tending to prove or disprove the existence of the facts upon which a declaration of extinction could be made. Such report shall contain a statement of the evidence placed before the Committee.

Sec. 3. Upon the affirmative vote of the Convention, as aforesaid, such Parish shall become and be extinct, and title to all property thereof shall at once vest in the Trustees of the Diocese.

Canon 8: Of Minimum Clergy Compensation

Sec. 1. Each congregation shall provide at least the minimum annual compensation to its clergy as established by the Annual Convention of the Diocese. Such minimum annual compensation shall become effective at the beginning of the calendar year following each Annual Convention.

Sec. 2. Minimum annual compensation shall include all of the components which are used by The Church Pension Fund to determine clergy compensation for pension contribution purposes.

Sec. 3. The minimum annual compensation shall be applicable to all parochial clergy. Where clergy are serving in a part-time capacity, it is the responsibility of the vestry and the clergy to determine the appropriate pro rata amount of minimum annual compensation which is applicable in the situation. If any difference arises in making this determination, it shall be resolved by the Bishop or the Bishop’s designee. If a congregation is not providing the minimum annual compensation, the matter shall be referred to the Bishop for review and action as the Bishop deems appropriate.

Canon 9: Of Clergy Pensions

Sec. 1. Congregations that on October 1 of any year shall have failed to pay The Church Pension Fund assessment(s) in full for the preceding twelve months shall be, ipso facto, suspended from the union with the Convention of the Diocese of Ohio and shall remain thus suspended until this delinquency shall have been canceled by payment. There is no power entrusted to the Convention or any Committee thereof to waive this fault.

Canon 10: Of Lay Pensions

Sec. 1. Every Parish, Diocesan Organization, and Institution shall provide lay employees who work a minimum of 1,000 hours annually retirement benefits through participation in the Episcopal Church Lay Employees’ Retirement Plan (ECLERP) or an equivalent plan, the provisions of which are at least equal to those of ECLERP.

Sec. 2. Every Parish, Diocesan Organization, and Institution shall make a report of compliance relative to Sec. 1 of this Canon for each lay employee. The report shall include eligibility, enrollment, and plan description. A report form provided by the Office of the Treasurer shall be used for this purpose and shall be submitted not later than October 1 of each year, prior to the Annual Convention.

Sec. 3. Congregations that, on October 1 of any year, have not fully funded a lay pension plan as described herein, shall have seat and voice, but no vote at any Convention of the Diocese until any delinquency has been cured. There is no power entrusted to the Convention or any committee thereof to waive this failure.

Canon 11: Of Licensed Ministries

Sec. 1. No one shall be considered as authorized to function in any licensed ministry in this Diocese without a license from the Bishop. In all cases, persons so licensed shall conform to the applicable Canons of The Episcopal Church.