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THE UNIFIED CONSTITUTION AND BYLAWS
OF
ALL CHURCHES AND PARISHES
OF
THE SYRIAC ORTHODOX PATRIARCHATE OF ANTIOCH
ARCHDIOCESE OF THE WESTERN UNITED STATES
(A California Non-Profit Religious Corporation)
Incorporated October 23rd, 1996
Burbank,
May 2006
ARTICLE I
PREAMBLE
SECTION 1. NAME OF ARCHDIOCESE
The name and style of this
organization shall be “Syriac Orthodox Patriarchate of Antioch,
Archdiocese of the Western United States” and it shall be a California
Non-Profit Religious ecclesiastical corporation having a seal. This
Archdiocese was incorporated in California in October 23rd,
1996.
SECTION 2. OFFICES
The principal office of
the Archdiocese shall be established and maintained at 900 North
Glenoaks Blvd., in the City of Burbank, County of Los Angeles, State
of California, Zip Code 91502. The Archdiocese may also have offices
at such places within or without the State of California as the board
may from time to time establish.
SECTION 3. ORIGIN
The SYRIAC ORTHODOX
PATRIARCHATE OF ANTIOCH is One Holy, Universal and Apostolic
Church, whose Apostolic See was established in Antioch by Saint Peter,
the Head of the Apostles, in the year 37 A.D. Its present headquarters
is in Damascus, Syria. His Holiness (H.H.) the Patriarch is the
Supreme Head of the Church and its Holy Synod. The Holy Synod, headed
by H. H. the Patriarch, is the supreme religious, spiritual,
legislative and administrative authority of the Universal Syriac
Orthodox Church of Antioch.
SECTION 4. ALLEGIANCE OF THE ARCHDIOCESE AND ITS CHURCHES
This Archdiocese and all
Churches operating within its Ecclesiastical Jurisdiction are directly
affiliated with and an integral part of the Syriac Orthodox Church of
Antioch or (The Mother Church) and fall under the Supreme
Ecclesiastical Jurisdiction of His Holiness the Patriarch
of Antioch and all the East and through his representative in North
America, His Eminence the Archbishop of the Syriac Orthodox
Patriarchate of Antioch, Archdiocese of Western United States, and all
other appointed/designated heads of the Archdiocese who will succeed
Him, as the Universal Syriac Orthodox Patriarchate of Antioch operates
as an Ecclesiastical Hierarchy. It is governed spiritually in
accordance with the rules and canons of the General Constitution of
the Holy Syriac Orthodox Church and the official code/law book of The
Mother Church, and by the Constitution of the Syriac Orthodox Church
of Antioch as passed by the Holy Synod. Such spiritual edicts and
authority cannot be changed, altered, modified or revoked.
In the
event that any language of these Bylaws shall contradict with any of
the provisions of the Constitution of the Syriac Orthodox Church of
Antioch, such language shall be deemed null and void. The provision of
the Constitution of the Syriac Orthodox Church of Antioch shall
prevail over all matters governing this Archdiocese and all its
Churches.
ARTICLE II
DEFINITIONS
SECTION 1.
The following defined terms shall be used in these bylaws:
The Archdiocese Council:
shall be the Board of Directors of the Archdiocese.
The Parish Council:
shall be the Board of Directors of a Church.
President of the Archdiocese Council: shall be the then presiding
Archbishop of the Archdiocese as appointed/designated by His
Holiness the Patriarch of the Syriac Orthodox Church of
Antioch.
The Archdiocese:
shall constitute the principal Cathedral of the Archdiocese in the
city in which the Archbishop or the Patriarchal Vicar resides and/or
presides, and all other surrounding Churches and institutions that
belong to it and operate within its Ecclesiastical Jurisdiction.
Archdiocese Institutions:
shall include all Churches operating within its Ecclesiastical
Jurisdiction; Schools; Other Charitable Societies; Social,
Educational, and Health Societies; Scouts and Athletic organizations;
and all Committees that work within the Archdiocese.
The Mother Church:
shall be the Syriac/Syrian Orthodox Church of Antioch.
The
Holy Synod:
is headed by His Holiness the Patriarch, and is composed
of all Metropolitans of the Antiochian Archdioceses of the Apostolic
See, the Patriarchal Vicars of the Metropolitan rank as well as the
Patriarchal Assistant.
The Archdiocese Council’s Budget:
shall be the capital account and authorized expenditures of the
Archdiocese.
The Parish Council’s Budget: shall be the capital account and
authorized expenditures of the Church.
The Principal Church of the Archdiocese:
St. …. Syriac Orthodox Church.
ARTICLE III
THE WESTERN ARCHDIOCESE
SECTION 1. GOVERNING BODY OF THE WESTERN ARCHDIOCESE
A.
His Holiness the Patriarch
is the Supreme Head of the Church and its Holy Synod. He is also the
Supreme Head of this Archdiocese.
B.
The
Archbishop of this Archdiocese is the Patriarchal Vicar appointed by
His Holiness the Patriarch to
preside over and
administer the Archdiocese. He ordains its priests and deacons,
consecrates its altars, temples and the Tebleethos (ܛܒܠܝܬܐ).
He also consecrates the Holy Oil for Baptism. He looses and binds.
Moreover, he makes local laws according to familiar church traditions
as long as they do not conflict with the Constitution of the Syriac
Orthodox Church of Antioch and with local Government laws. If there is
a Preliminary Spiritual Court, he is its head. In special and urgent
cases, he can transfer priests from one church to another within his
Archdiocese. He also can discipline any offending priests with
behavioral punishments.
C.
Patriarchal Vicars, who are appointed to the Patriarchal Vicariate,
have the same administrative privileges as those of the Archdioceses
Metropolitans.
D. The business of the Archdiocese
shall be managed and its corporate powers exercised by the Archbishop
and the Archdiocese Council, each member of whom shall be of majority
age and approved by the Archbishop. The Archdiocese
Council shall consist, at a minimum, of two representative members
from each Church operating within the Ecclesiastical
Jurisdiction of this Archdiocese. Additional board members to the
Archdiocese Council may be
appointed by the Archbishop in His discretion. Its duties are further
defined in Article III Section 3 of these bylaws.
E.
The Syriac Orthodox Church of Antioch shall be the sole legal owner of
all its Churches and Church Properties, Monasteries, Worship Places,
Cemeteries, Schools, Real Estate and other endowments. This includes
all the possessions and properties, be they movable or immovable, of
its Churches and Centers such as manuscripts, printed books, vessels,
clerical vests, and furniture of the Archdiocese. The ownership of
these properties and assets can never be disputed or contested by
anybody whatsoever. If it happens that an individual or a group
separates from the Syriac Orthodox Church of Antioch or joins another
denomination, they shall have absolutely no right to claim any of the
above mentioned properties or possessions. Any claim filed by
anybody, be it an individual or a group, large or small, shall be
positively and absolutely null and void.
SECTION 2. DUTIES OF THE ARCHBISHOP
A. The Archbishop shall be in charge of only one Archdiocese. But it
is within the rights of the Holy Synod, or His Holiness the
Patriarch, to assign him temporarily over another neighboring
Archdiocese when necessary.
B. The Archbishop shall maintain official registers (signed and
sealed by the Archdiocese seal) bearing records on baptisms,
engagements, weddings, deaths, wills, property titles and all
contracts and deeds, legacy records and spiritual decrees, and
safeguards them. The Archbishop shall also safeguard and maintain, at
the Archdiocese headquarters, all books, registers, personal
properties and wares, possessions, property deeds and all records of
gifts made and that belong to the Archdiocese.
C. The Archbishop shall be vigilant in choosing the best priests whom
He ordains, in accordance with Church rules and traditions after
obtaining approval from His Holiness the Patriarch.
D. The Archbishop shall organize an Archdiocese Council or Board over
which He shall preside, or allow to be headed by His duly designated
representatives during his absence.
E. The Archbishop shall require from every priest in his Archdiocese
to submit an annual written report on all activities of the priest’s
respective parish, including proper reports on births, baptisms,
marriages and deaths.
F. The Archbishop shall also have the power to recognize and
acknowledge Church societies, committees, clubs and other ethnic
institutions affiliated with the Church and His Archdiocese.
Furthermore, if any one of these is not approved by the Archbishop, it
will be considered null and its activities void.
G. The Archbishop shall continuously strive to pray, fast, preach,
guide, and be a good example to the clergy and believers, for the
prosperity of the Church.
H. The Archbishop shall designate a clerical council or committee,
presided by Him, to look into the spiritual matters of the
Archdiocese.
I. The Archbishop may submit his resignation to His Holiness
the Patriarch or retire at the age of seventy. However, His
retirement shall be mandatory at the age of seventy five. His
Holiness the Patriarch has the right to extend the term of the
Archbishop’s service beyond the age of seventy five.
J. If an Archbishop becomes too old to preside over the Archdiocese,
or becomes incapable of running His Archdiocese for any reason, or if
He resigns or retires, then the Archdiocese which he has last served
shall provide for his living in an adequate and honorable manner until
his passing. The location of his domicile, however, is decided by
His Holiness the Patriarch.
K. The Archbishop shall be held accountable to His Holiness the
Patriarch and the Holy Synod for his transgressions against
the Church Constitution, and for not implementing the resolutions of
the Antiochian Holy Synod. Moreover, he shall be responsible for all
religious publications originating from his Archdiocese.
L. The Archbishop must provide his written consent before a new
Church building is built, or an existing Church building is renovated.
No one shall build or renew a church, or an Altar in a church, without
the written consent of the
Archbishop.
M. The Archbishop shall have the power to dissolve any Archdiocese
Council or any particular Church’s Parish Council and have a new
Council formed whenever it is in the best interests of the Archdiocese
and the Church.
N. The Archbishop shall not lend, borrow, sponsor, or put in trust or
lease the properties of the Archdiocese, or those of the Churches,
Associations and Charitable Institutions, without the consent of the
Archdiocese Council and the approval of His Holiness the
Patriarch.
O. The Archbishop shall not exchange, mortgage or sell any of the
properties of the Archdiocese, or Churches, Associations, and
Charitable Institutions without the consent of the Archdiocese Council
and the approval of His Holiness the Patriarch.
P. The Archbishop shall not handle the financial affairs of the
Archdiocese, it being understood that the day to day financial affairs
are to be handled by the administrative committee.
Q. The Archbishop shall also undertake the following duties: (1)
Continuously visit the members of his Archdiocese; (2) Supervise the
census and member records of his Archdiocese on official registers;
(3) Work to establish Churches were needed; (4) Establish schools that
would teach the Syriac Language; (5) Establish centers for religious
training; (6) Provide training for those chosen to join the Sacred
Priesthood; (7) Maintain and uphold the customs, spiritual activities,
and duties of the Priesthood; and (8) Maintain a comprehensive special
record and journal of each clergyman in his Archdiocese.
R. The Archbishop shall work closely with the Administrative
Committee which shall be in charge of planning and implementing the
Archdiocese budget and other financial affairs.
SECTION 3. FORMATION OF THE ARCHDIOCESE COUNCIL.
A. ELECTION AND TERM OF ARCHDIOCESE COUNCIL BOARD MEMBERS. The
Archdiocese Council Board Members shall consist of two members from
each Church within the Archdiocese. These members shall be elected by
the Church Parish Council and appointed to the Archdiocese Council by
the Archbishop. The term of the
Archdiocese Council shall be two fiscal years. The Archbishop shall
have the right to extend the term for two more years. The Archbishop
may appoint additional Board Members to the Archdiocese Council in the
event of a vacancy or if in the best interests of the Archdiocese.
B. VACANCIES. If the position of any member of the Archdiocese
Council or committee or other officer becomes vacant, the remaining
Archdiocese Council Board Members may, by a majority vote, and with
approval of the Archbishop, appoint any qualified person to fill such
vacancy, who shall hold office for the unexpired term and until his
successor shall be duly chosen.
C. REMOVAL OF ARCHDIOCESE COUNCIL BOARD MEMBERS. Any or all of
the Archdiocese Council Board Members may be removed with or without
cause by vote of a majority of all of the board members and with
approval of the Archbishop. The
Archbishop also has the power to dissolve any Archdiocese Council or
remove any particular Board Member from office whenever it is in the
best interests of the Archdiocese and the Church.
D. RESIGNATION. An Archdiocese Council Board Member may
resign at any time by giving written notice to the Board, the
Archbishop or the Secretary of the Archdiocese. Unless otherwise
specified in the notice, the resignation shall take effect upon
receipt thereof by the Board of such resignation, and the acceptance
of the resignation shall not be necessary to make it effective.
E. QUORUM OF ARCHDIOCESE COUNCIL BOARD MEMBERS. A majority of
the Archdiocese Council Board Members shall constitute a quorum for
the transaction of business. If at any meeting of the Board there
shall be less than a quorum present, it may be obtained through those
present, and no further notice thereof need to be given other than by
announcement at the meeting which shall be so adjourned. After a
Quorum has been established at an Archdiocese Council Board Members
meeting, the subsequent withdrawal of Archdiocese Council Board
Members, so as to reduce the number of members entitled to vote at the
meeting below the number required for a Quorum, shall not affect the
validity of any action taken at the meeting or any adjournment
thereof.
SECTION 4. DUTIES OF THE ARCHDIOCESE COUNCIL
A. SOCIAL AND ADMINISTRATIVE MATTERS.
(i) The Archdiocese Council shall supervise all types of activities
of the institutions of the Archdiocese. It shall pass regulations and
oversee all matters of appointing committees, revise memberships, and
investigate and monitor any violations or alleged violations of these
bylaws by members of the Archdiocese or Church Parishes. It shall look
into all possible disputes that might rise among individuals running
these institutions.
(ii) The Archdiocese Council shall look into all complaints
presented to it by parishioners against any committee or parish
council, and shall handle them in conjunction with the Archbishop in
an open format during its regular or special meetings.
B.
MEETINGS.
(i)
ANNUAL MEETINGS.
The annual meeting of the Archdiocese Council shall be held on the
10th day of January of each year or at such other time and place as
designated by the Board of Archdiocese or the Archbishop. Business
transacted at the annual meeting shall include the election of
Archdiocese Council Board Members and all other matters properly
before the Board.
(ii) SPECIAL MEETINGS. Special meetings of the Archdiocese
Council shall be held when directed by the Archbishop or when called
by the Vice President or by the Secretary on the written request of
two Archdiocese Council Board Members. A meeting requested by
Archdiocese Council Board Members shall be called for a date not less
than ten (10) nor more than thirty (30) days after the request is made
unless the Archdiocese Council Board Members requesting the meeting
designate a later date. The call for the meeting shall be issued by
the Secretary, unless the Vice President or the Archdiocese Council
Board Members requesting the meeting shall designate another person to
do so.
(iii) PLACE AND TIME OF BOARD MEETINGS. Meetings of the
Archdiocese Council shall be held at the principal place of business
of the Archdiocese or at such other place as may be designated by the
Archbishop or his designated representatives during his absence.
(iv) NOTICE OF MEETINGS OF THE ARCHDIOCESE COUNCIL. A regular
annual meeting of the Board may be held without notice at such time
and place as it shall from time to time determine. Special meetings
of the Board shall be held upon notice to the Archdiocese Council
Members either personally, by mail or by fax. In the case of a special
meeting, the Notice shall also include the purpose or purposes for
which the meeting is called and shall be delivered not less than ten
(10) nor more than thirty (30) days before the meeting. Notice of a
meeting need not be given to any Archdiocese Council Board Member who
submits a waiver of notice before or after the meeting or who attends
the meeting without protesting the lack of notice to him/her prior
thereto or at its commencement.
(v) PROXY. Every board member is entitled to vote at a
meeting of Archdiocese Council, or to express consent or dissent
without a meeting, or he/she may authorize another person or persons
to act for him/her by Proxy. The Proxy must be signed by the board
member. No Proxy shall be valid after the expiration of six (6) months
from the date thereof, unless otherwise provided in the Proxy.
C. SECRETARY & TREASURER. Members of the
Archdiocese Council shall elect from among themselves by ballot a
secretary and treasurer.
Their respective duties shall be as follows:
(i) SECRETARY. The Secretary shall have custody of, and
maintain all of the corporate records except the financial records and
shall record the minutes of all meetings of the Archdiocese Council.
He/She shall also send all notices of all meetings, and perform such
other duties as may be prescribed by the Archdiocese Council the
Archbishop.
(ii) TREASURER. The Treasurer shall have custody of all
corporate funds and financial records and shall keep full and accurate
accounts of receipts and disbursements and render accounts thereof at
the annual meetings of Archdiocese Council and whenever required by
any of the Board Members or the Vice President. He shall perform such
other duties as may be prescribed by the Archdiocese Council or the
Archbishop.
(iii) REMOVAL OF OFFICERS. An officer or agent elected or
appointed by the Board may be removed by the Board whenever, in its
judgment, the best interests of the Archdiocese will be served
thereby. Any vacancy in any office may be filled by the Archdiocese
Council with the approval of the Archbishop.
D. ARCHDIOCESE COUNCIL MEMBERS OR OFFICERS COMPENSATION. No
compensation shall be paid to Archdiocese Council Board Members, or
any of the designated officers for their services. Nothing herein
contained shall be construed to preclude any Archdiocese Council Board
Member from serving the Archdiocese in any other capacity and
receiving compensation therefore as approved by the Archdiocese
Council.
E. BOOKS AND RECORDS. This Archdiocese shall keep correct and
complete books and records of account and minutes of the proceedings
of its Archdiocese Council Board Meetings and committee meetings. This
Archdiocese shall keep at its registered office or principal place of
business a record of its Archdiocese Council Board Members, giving the
names and addresses of all Archdiocese Council Board Members and the
representative churches they belong to and the committees they serve
under. Any books, records and minutes may be in written form or in any
other form capable of being converted into written form within a
reasonable time.
F. ARCHDIOCESE COUNCIL RECORDS INSPECTION RIGHTS. Any person
who is a member of a church of this Archdiocese shall have the right
to inspect the books and records of the Archdiocese, upon written
demand stating the purpose thereof, and shall have the right to
examine, in person, by agent or attorney, at any reasonable time, for
any proper purpose, the Archdiocese's relevant books and records of
accounts, minutes, and records of Archdiocese Council.
G. EXECUTION OF DOCUMENTS. All corporate instruments and
documents shall be signed or countersigned, executed, verified, or
acknowledged by such officer, officers, or other person or persons as
the Archdiocese Council shall designate from time to time. The
Archbishop shall not sign any documents binding the Archdiocese to any
legal obligation without the prior consent of the Archdiocese Council
or Administrative Committee.
SECTION 5. COMMITTEES
A. ADMINISTRATIVE COMMITTEE. The Archbishop shall designate up
to twelve (12) individuals to the Administrative Committee. Said
committee shall exercise the powers of the Archdiocese and its Council
concerning the management of the business of the Archdiocese. Its
functional goal is to assist the Archbishop in running the day to day
finances of the Archdiocese thereby allowing the Archbishop more time
and opportunity in the pursuit of his duties as head of this
Archdiocese. The Administrative Committee duties shall be the
following:
i.
Run the day to
day business activities of the Archdiocese
ii.
Monitor the
Archdiocese Finances and oversee revenue and expense allocations.
iii.
Assist the
Archbishop in projects he undertakes.
iv.
Identify sources of
income of the Archdiocese and establish and maintain a budget with
strict adherence to its guidelines.
v.
Employ other 3rd
party professionals as necessary to achieve its goals.
vi.
Consist of members
who are representative of the local Churches within the Archdiocese.
vii.
Remain in constant contact with all Churches within the Archdiocese.
viii.
Review the books and financial records of all churches and
institutions affiliated with the Archdiocese.
B. COMMON GOAL/UNITY. The Administrative Committee shall
constantly strive towards promoting a sense of common goal and unity
among all Churches and members within the Archdiocese. It shall
therefore be necessary for the Administrative Committee to acquire and
receive the support of all the Churches within the Archdiocese in
order to fulfill its functions. The Administrative Committee shall
abide with the Archbishop’s instructions and orders as far as
interactions with the Churches and local Parish Councils. Depending on
the particular situation and goal to be achieved, the Administrative
Committee’s work shall be determined by the committee members
themselves in conjunction with and the approval of the Archbishop.
Committee meetings shall also be scheduled and held as necessary and
on dates and times as determined by its members.
C. PERIODIC REPORTS. The Administrative Committee shall
provide periodic reports at the Annual or other specially held
meetings of the Archdiocese Council. Other activities of the
Administrative Committee shall also be made readily available to the
Church Communities whenever requested. The Committee may also adopt a
“sunshine policy” of reporting its activities to the Church Community
on a regular basis.
D. FINANCIAL INFORMATION. Not later than three (3) months
after the close of each fiscal year, this Archdiocese shall prepare a
balance sheet showing, in reasonable detail, the financial condition
of the Archdiocese at the close of its fiscal year and a financial
statement showing the results of the operations of the Archdiocese
during its fiscal year. The Archdiocese shall mail to each Archdiocese
Council Member a copy of the most recent financial statement.
SECTION 6. CORPORATE SEAL
The seal of the Archdiocese shall be circular in form and bear the
name of the Archdiocese, the year of its organization and the words
“INCORPORATED” and “CALIFORNIA”. The seal may be used by causing it
to be impressed directly on the instrument or writing to be sealed, or
upon adhesive substance affixed thereto. The seal on any corporate
obligation for the payment of money may be facsimile, engraved or
printed.
ARTICLE IV
THE CHURCHES
SECTION 1. GOVERNING BODY OF THE CHURCH
A. Each Church, under the direct supervision and administration of
the Archbishop, shall have a priest whose selection and installation
shall be pursuant to the Constitution of the Syriac Orthodox Church of
Antioch, these Bylaws, and appointed by the Spiritual Head of the
Archdiocese, the Archbishop.
B. Each Church shall have a Parish Council which shall consist of
five to twelve members elected by the congregation or appointed by the
Archbishop. The elected Council is subject to the written approval of
the Archbishop. Its duty shall be mainly to administer the financial,
administrative and social activities of the Church. The Archbishop
shall oversee the enforcement of all decisions made by the Parish
Council.
C. Members of the Parish Council shall elect from among themselves by
ballot a vice president, secretary and treasurer.
D. The term of the Parish Council shall be two fiscal years. The
Archbishop shall have the right to extend the term for two more years.
E. The Archbishop shall have the power to dissolve the Parish Council
and have a new Council formed whenever it is in the best interests of
the Church.
SECTION 2. DUTIES OF THE PRIEST
A. A Priest shall perform the following duties: (1) Minister the
church mysteries with piety and reverence; (2) preach to the
believers; (3) visit their homes and teach and promote Christian
values and principles; (4) visit the ill and strengthen their belief
in God; (5) when possible, work to reconcile adversaries and always
guide them to receive the Holy Sacraments; (6) seek to shelter the
poor and take care of them; (7) continuously monitor and observe the
status of his parish especially that of the young members and the
development of their relationship with the Church; and He himself
should be a good example for the faithful.
B. A priest shall not conclude a contract or bless a marriage
ceremony without obtaining consent from the Archbishop of the
Archdiocese to which the priest’s Church belongs. To obtain approval,
the priest must submit the necessary documentation to the Archbishop.
Failure to do so will subject the priest to ecclesiastic discipline.
Moreover, and in the course of exercising his duties a head of his
Parish, a priest shall not use a stamp or official seal bearing his
own name or particular license without the consent of the Archbishop,
and only in urgent necessity.
C. If a priest acts improperly as to the administration of any of the
church mysteries or by-laws or demonstrates misconduct, the Archbishop
shall have the right to suspend him from service, and subject him to
discipline according to ecclesiastical chastisement. However, if the
priest persists in his deviation to the point of causing offenses
within the church, his case shall be referred to His Holiness
the Patriarch who alone has the right to deprive him from
priesthood and to issue his excommunication.
D. Unless during the normal course of a mass or religious ceremony, a
priest shall not bless a particular believer in the presence of
prelates or other higher-ranking members of the clergy.
E. A priest may not be transferred from one Archdiocese to another,
except in extreme necessities, and with the approval of the
Archbishops of both Archdioceses and the consent of His Holiness
the Patriarch.
F. A priest shall be considered resigned or retired at the age of
seventy (70). If necessary, the Archbishop of the Archdiocese may
extend the term of his
service.
G. A resigned or retired priest is not permitted to return to service
at any parish unless approved by the two Archbishops of the old and
new parishes and confirmed by His Holiness the Patriarch.
H. A priest who has lawfully retired as a result of reaching the
retirement age may serve in any parish that chooses him with the
approval of its Archbishop and confirmation of His Holiness the
Patriarch.
I. A retired priest shall receive a pension according to the
particular rules and regulations of the Archdiocese, the Parish, and
the country in which he lives. His pension from the Archdiocese shall
be stopped if he serves in another Archdiocese.
J. In case of death of a priest the Archdiocese shall provide the
cost of living for his wife and his under-age children according to
the rules and regulations of the country in which he lives.
K. If a priest leaves his church in defiance of his Archbishop, he is
not to be accepted in another church, and shall be subject to
ecclesiastic disciplinary action. If he persists in his defiance he
will be given a final warning. If he still does not comply, His
Holiness the Patriarch shall deprive him of Priesthood at the
request of the priest’s original Archbishop.
L. A very Reverend Father or an Archpriest (ܟܘܪܝܐ) is higher in rank among priests (ܩܫܝܫܐ). No priest is elevated to the rank
of a very Reverend Father or an Archpriest without a request from the
Archbishop of the Archdiocese, and a written permission from
His Holiness the Patriarch, provided that there will be no
more than one very Reverend Father (Archpriest) in one city.
SECTION 3. FORMATION OF THE PARISH COUNCIL
A. PARISH COUNCIL ELECTION OR APPOINTMENT. A Parish Council
may be directly elected if possible. If not, the Archbishop or the
Patriarchal Vicar of the Archdiocese shall appoint a Parish Council
according to the provisions herein and in consultation with the priest
and parish members with vast experience and who are knowledgeable in
Church matters.
B. MEMBERS. All appointed and elected members (both sexes) of
the Parish Council must:
(i) Be Syriac Orthodox.
(ii) Possess Church Privileges and are known to have good moral
character.
(iii) have no criminal record any felony or misdemeanor.
(iv) Have been members of the Church for the preceding three years,
for which they are to be appointed or elected to the Council.
(v) Be at least 25 years of age.
(vi) Have paid their annual pledge or membership dues for the last
two consecutive years.
(vii) Know how to read and write English and are committed to
ecclesiastical ordinances
(viii) Not be members or affiliated with any illegal
political organization, or organizations opposed to the principles and
Canons of the Church.
(ix) Not be an active board member in any other diocese, or cultural,
religious, or social organization, unless exempted by the Archbishop
or the Patriarchal Vicar.
(x) Not be an employee of any diocese institution.
C. VOTERS. All voters (both sexes) must:
(i) Be Syriac Orthodox.
(ii) Be active members of the Church in which the election or
appointment is to be conducted for one year preceding the election.
(iii) Be 18 years of age or older.
(iv) Have Church privileges.
(v) Not have been convicted of any crime.
(vi) Not owe money to any institution or organization of the diocese
of which he/she is a member and have paid the past two years pledges.
D. ELECTION ANNOUNCEMENT.
(i) The Archbishop or the Parish Council shall at least one month
prior to the end of the current term, announce the date of the
election on two or more different occasions. A day will be designated
on which the election shall be conducted.
(ii) Each nominee shall, in writing, submit a nomination after
qualifying with all of the regulations herein. The Archbishop must
approve all nominations.
(iii) All nominations must be received by the 8th day prior to the
election date.
(iv) The names of all qualified nominees shall be announced the day
following the nomination deadline.
(v) A candidate shall have the right to submit a complaint to the
Archbishop if his candidacy is rejected. The Archbishop’s decision
shall be final.
(vi) An election committee shall be appointed by the Archbishop,
which will be composed of three persons to oversee the election
process. Each nominee also has the right to appoint one individual to
witness the election process.
(vii) The election begins at the appointed place and time after
which the election committee shall open the ballot box in the presence
of all attendees to assure that the box is empty. A seal is then
placed upon the box. The election then commences until the appointed
hour at which the election ends and immediately following, the votes
are counted.
(viii) Voters who qualify to vote according to the provisions herein
shall have their names appear on a voter list and may have one vote
only.
(ix) Absentee voting may be accommodated if a voter knows in
advance that he/she will be unable to attend the voting process. An
absentee ballot shall be completed in the presence of the President of
the Council and at least one witness. The vote shall be sealed and
the voter shall sign an affidavit of voting which shall effectively
remove that voter’s name from the list of persons eligible to vote at
the election. The vote shall be placed into the ballot by the
election committee at the commencement of the election voting on the
appointed day and at the appointed hour.
E. COUNTING VOTES AND ANNOUNCING THE ELECTION RESULTS.
(i) Immediately following the end of the election, the election
committee shall confirm that the number of votes matches the number of
voters that signed at the election poll and the absentee affidavits
combined. The votes are then sorted and read aloud in front of all
attendees.
(ii) A vote shall be void if it is left blank or is illegible. A
report shall be attached to such votes and such report shall be signed
by the election committee.
(iii) A vote shall be acceptable if the ballot paper contains the
names of twelve or fewer nominees. However, only the names of those
individuals officially nominated and approved shall be counted. Any
ballot paper with votes for more candidates than the number of seats
open shall be void.
(iv) Election results shall be announced immediately after the
ballot counting. Candidate obtaining the twelve highest counts shall
be pronounced as the new Parish Council. The rest of the candidates
shall be considered reserve members by the order of the number of
votes obtained. If two or more candidates have equal votes, after the
twelfth successful candidate, a lot shall be cast, and the winner
shall be the twelfth member.
(v) The election committee shall report the election results to
the Archbishop.
F. REPORTING NAMES. The Archbishop shall issue a decree
pronouncing the names of the Council members. A copy of this decree
shall be forwarded to His Holiness the Patriarch. The
Archbishop shall follow this same procedure if the Council is
appointed rather than elected.
G. INITIAL MEETING. The Archbishop or the new Parish Council
shall call the elected or the appointed members for a meeting within
ten days of the issuance of the above mentioned decree. During the
first meeting, the Council shall elect:
(i) Vice President, whose duties shall include acting as Chairman
of the Council meetings in the absence of the Archbishop.
(ii) Secretary, whose duties include: (a) the documentation of all
meetings in an official record; (b) the organization and keeping of
all records and documents; (c) the receipt of all letters, record, and
the distribution of the same to the appropriate parties after
discussing the contents at the Board meetings; (d) the safeguarding of
the official seal of the Parish Council; and (e) acting as Chairman in
the absence of the Vice President.
(iii) Treasurer and the accountant, whose duty shall consist of
preparation of the budget of the church and auditing the books of all
the institutions affiliated with the church.
H. TRANSFER OF DUTIES. Transfer of power from the old to the
new Council shall take place under the auspices of the Archbishop or
his designated representatives within a maximum period of thirty days
after the very first meeting of the new Council; otherwise legal
proceedings shall be initiated in conjunction with the members of the
new Council. The members of the new Parish Council shall take an oath:
(a) to be loyal to the Syriac Orthodox Church of Antioch; (b) to hold
its Faith, Tradition and Syriac Language; (c) to protect its material
and immaterial rights; (d) to submit to its spiritual authority; (e)
and to work towards the progress and prosperity of the Church and the
Archdiocese.
I. TERM. The term of office for the Parish Council Board
Members shall be two (2) years. The Archbishop, at his discretion,
shall have the power to renew the term for board members term should
the renewal be deemed necessary. Should the Archbishop deem necessary
to keep some members in the Council for their capabilities, he may do
so, but only after the approval of His Holiness the Patriarch.
J. TERM LIMITS. No member shall participate in the Parish
Council Board for more than two (2) consecutive terms whether
appointed or elected without the approval of the Archbishop.
SECTION 4. CHURCH COMMITTEES
With the approval of the
Archbishop, the Parish Council shall form committees as necessary to
handle local projects and activities as required by the Parish
Council:
A. THE ADVISORY COMMITTEE. This shall consist of the Vice
President and two members selected by the Parish Council. Their duties
are to aid the Vice President in all matters that require a rapid
outcome.
B. THE MAINTENANCE COMMITTEE. This Committee consists of three
(3) members who shall monitor, evaluate and maintain the property and
grounds of the Church. This committee shall make recommendations to
the Council for corrective action and advise the Council as to
preventive measures. This committee shall be allocated a budget from
which minor repairs and maintenance are to be made.
C. THE SCHOOL COMMITTEE. This committee consists of three (3)
members. The duties of this committee are to supervise the
administration of the schools, to inspect them quarterly, and to
prepare a written report to the Council and the Archbishop.
D. THE SOCIAL COMMITTEE. This committee consists of three (3)
Council members. The duties of this committee are to supervise and
coordinate the social activities and events conducted on the Church
property and on behalf of the Church.
E. OTHER COMMITTEES. The Council has the right to form other
special committees as may be required by the activities of the Church.
If the number of Council members is less than eight, the Council as a
whole can carry out the duties of the Committees.
SECTION 5. RECORD KEEPING
A. OFFICIAL RECORDS. The Parish Council shall keep official
records and registers, the leaves of which shall be stamped with its
official seal. The Vice President shall sign the first and last page
of each register a copy of which shall be delivered to the committee
concerned. These registers shall consist of the following:
(i) A correspondence register whereby all incoming letters,
petitions and other incoming documents are registered, with their
serial numbers, chronologically, the name of the sender and an
abstract of their contents.
(ii) A record of minutes of meetings.
(iii) The Church accounting book and receipt book with stubs.
(iv) A record of Church properties, showing type and description of
each property, their income and the related documents.
(v) A census record for the Parish
(vi) A copy of each and every report prepared by the Parish Council
shall be submitted to the Archbishop.
SECTION 6. PROHIBITION, DISMISSAL, RESIGNATION, DISSOLUTION
A. VACANCIES ON THE PARISH COUNCIL. Vacancies in the Parish
Council shall be deemed to exist in the event of the death,
resignation, or removal of any member, or if the Parish council by
resolution declares vacant the office of a member who has been
declared of unsound mind by order of a court or convicted of a felony,
or if the number of members is increased, or if the Church
congregation fails to elect the number of members to be voted for at
that meeting. Vacancies in the Parish Council shall be filled from the
reserve members or appointed by the Archbishop. Each member added
shall hold office until the end of the term of the incumbent Council.
The reduction in the number of members shall not have an effect of
removing any member before that member's term of office expired.
B. PROHIBITED ACTS OF THE PARISH COUNCIL / DISMISSALS.
(i) The Council shall never be involved in politics of any type.
Likewise, the Council shall never interfere in spiritual and
ecclesiastical matters of the Archdiocese.
(ii) A member of the Council shall neither create suspicion within
the Council nor offend an institution of the Archdiocese. He shall
not join an illegal political organization, or an organization that is
incompatible with the faith of the Church. Members violating the
provisions of this Article shall be dismissed from the Council by a
decision of the same.
(iii) Any member of the Council who is convicted of a disgraceful
crime shall be dismissed from the Council by a decision of the same.
(iv) A member of the Council shall be considered dismissed based on a
decision taken by the Council by two thirds vote under the following
conditions:
1. If he resigns and the Council accepts his resignation, or if he
insists on resignation despite the Council’s rejection of his
resignation.
2. If he absents himself three consecutive times, in which case he
shall be warned at the fourth meeting. If he absents himself at this
fourth meeting without an acceptable excuse, he shall be considered
dismissed.
3. If two thirds of the Parish Council vote to relieve a member from
office.
C. DISSOLUTION. The Parish Council shall be considered
dissolved if more than half of its members have resigned, be it an
elected or an appointed Parish Council. In that case, a new Parish
Council shall be formed according to the provisions of Article IV
Section 2 of these Bylaws. Should the number of the resigning members
be less than half of the Parish Council members then the Archbishop
shall appoint new members to replace those who have resigned, be it an
elected or an appointed Parish Council. The new appointed members
shall complete the remaining period of time of the term of those that
have resigned.
SECTION 7. DUTIES OF THE PARISH COUNCIL
As the Parish Council
strives for the prosperity and unity of its Church and the
Archdiocese, and the protection of its administrative, financial and
social rights, it is charged with the following responsibilities.
A. SOCIAL AND ADMINISTRATIVE MATTERS.
(i) The parish Council shall supervise all types of activities
of the institutions of the parish. It shall pass regulations, judge,
oversee and look into all matters of appointing committees or revising
their memberships and their dissolution, should they violate the
Parish Council instructions. It shall look into all possible disputes
that might rise among individuals running these institutions.
(ii) The Parish Council shall have the right to supervise
plebiscites aiming at selecting the parish priests, should this
position become vacant. In securing the services of a properly
qualified priest, the Parish Council, after having the consensus of
the congregation, shall propose the nominee to the Archbishop. If Head
of the Archdiocese finds the nominee eligible for the office, he shall
approve the nomination and appoint him as pastor. The Council shall
have similar rights in the selection of a new Archbishop should this
position become vacant, according to the Canons of the Holy Church.
(iii) The Parish Council shall look into all complaints presented
to it by parishioners against any committee, and shall channel them to
the proper authorities after giving its own opinions, otherwise these
complaints shall be void.
(iv) The Parish Council shall have the authority to dismiss any
committee member affiliated with the Church. If the committee member
is not a Parish Council member, and in case of misconduct attributed
to that committee member, the Parish Council shall consult the
Archbishop and other members of the committee in question, and shall
have the authority to dismiss that member for the general good of the
parish.
(v) Two members of the Parish Council shall be assigned as
representative members of the board of the Archdiocese Council.
(vi) The Parish Council shall look after and supervise the schools
affiliated with the Church, work for their betterment, provide
financial and moral support emphasizing the teaching of the Syriac
language, the language of the Lord Jesus.
(vii) The Parish Council shall prepare a comprehensive annual
report within the first month of each year, showing all that has been
accomplished in the previous year. This report shall be submitted to
the Archbishop and made public to all parishioners.
(viii). All decisions not in conformity with the provisions of the
Constitution of the Syriac Orthodox Church of Antioch or of these
Bylaws shall be considered null and void.
B. FINANCIAL MATTERS.
(i) The Parish Council shall have the right to supervise the
financial management of the institutions operating under it, audit
their books and annual budgets. The Parish Council shall endeavor to
secure permanent income to their institutions and help them cover
deficits, if any.
(ii) The Parish Council shall have the right to borrow moneys and
lease all or part of the real estate properties and lands owned by the
Archdiocese, after obtaining the written approval of the Archbishop.
(iii) The Parish Council shall have the right to formulate a
financial policy for the Church aiming at organizing income and
spending, setting up fees for spiritual services, accepting donations
and contributions, providing financial aid to needy parishioners,
allocating proper and adequate monthly salaries to the parish priest
and providing him with appropriate dwellings, complete medical
insurance coverage and a proper retirement plan, and securing
Patriarchal and Archbishopric dues each year.
(iv) The Parish Council shall present to the Archbishop and the
Church parishioners a complete annual accounting of the income and
expense of the Church for each year. Said accounting shall be posted
on the bulletin board of the Church and sent to the members of the
parish no later than the 15th of January of the succeeding year.
(v) The Parish Council shall have the right to collect and spend
moneys at its disposal in accordance with formal Parish Council
decisions and spending orders duly signed by the authorized officers,
i.e. the vice president and the treasurer.
(vi) All funds shall be deposited in a bank in the name of the
Church. No funds shall be withdrawn unless decided upon by the Parish
Council and authorized in writing by the Archbishop or Patriarchal
Vicar of the Archdiocese. The treasurer shall not keep at his disposal
cash exceeding $1,000.00 or equivalent. All other moneys shall be
deposited in a bank in the name of the Church.
(vii) The Parish Council shall have the right to request any
financial aid from any organization affiliated with the church, when
needed.
C. THE PARISH COUNCIL MEETINGS
(i) PERIODIC MEETINGS. The periodic meetings of the Parish
Council shall be held on the dates and at the times designated by the
Parish Council. The Parish Council shall hold at least one monthly
meeting at the Church office. In the absence of a proper meeting place
on the Church premises, the meeting can take place at any other
convenient location. Other meetings can be held, as required by these
Bylaws, or as necessary or desirable. At each meeting any proper
business within the power of the Parish Council may be conducted. The
Parish Council may also meet in a designated conference area.
(ii) SPECIAL MEETINGS. Special meetings of the Parish Council may
be called at any time. The Parish Council shall meet on a special
basis when necessary and ordered by: the Archbishop, Vice president,
or the majority of the Parish Council members.
(iii) QUORUM. The presence of more than half of the Parish Council
members shall constitute a quorum. Motions are passed, and decisions
are taken by the majority rule, unless otherwise stated. When votes
are equal, the side of the vice president shall win.
SECTION 8.
DISSOLUTION OF THE CHURCH
A. Neither the
Church nor its members operating within the jurisdiction of this
Archdiocese and under the
Ecclesiastical Hierarchy of the
Universal Syriac Orthodox Patriarchate of Antioch
shall have the power to dissolve a
Church so long as the Holy See of Antioch exists.
B. In the event
that no person or persons of the Syriac Orthodox Faith are left in the
congregation of a particular Church within the Syriac Orthodox
Patriarchate of Antioch, Archdiocese of Western United States, a
bonafide representative of the Archdiocese, or the Archbishop shall
have the full power to administer and/or dissolve the Church and all
its properties. Dissolution shall be performed pursuant to the
Constitution of the Syriac Orthodox Church of Antioch and in
compliance with California Law.
C. A Church or
its properties shall be not sold, alienated or encumbered without the
prior written approval of the Spiritual Head of the Archdiocese.
ARTICLE V
AMENDMENTS TO THE BYLAWS
A. These bylaws may be amended in the following manner. Amendments may
be proposed by any member of the church in good standing, and such
proposed amendments shall be submitted in writing to the Archdiocese
Council. The Archdiocese Council shall, at its next meeting
thereafter, consider the same and submit the amended language for
consideration by the Archdiocese Council. An amendment shall pass if
approved by at least two thirds of the Archdiocese Council members
that are present during any noticed meeting of the Archdiocese
Council. All amendments are subject to approval by the Archbishop.
B. These Bylaws
will be in force as of the date of its legalization and sanction by
His Eminence the Patriarchal Vicar, Archbishop of the Western
Archdiocese of the Syriac Orthodox Church of Antioch, USA.
Burbank:
May 27th, 2006
We hereby sanction these Bylaws
+
Clemis Eugene Kaplan
Archbishop of the Western Archdiocese
USA
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