Convention unanimously approved the following canonical change as amended below:

Draft Congregation at Risk Canon

 

Purpose

(a) In the exceptional case of a Congregation whose spiritual and temporal health appears in jeopardy, or at risk for of substantial decline or death, the episcopate may intervene or provide oversight so that health may be restored to the Congregation.  Any interventions in a Congregation will be conducted with an attitude of respect for the self-governing responsibilities of a parish of The Episcopal Church. In cases where an inquiry is initiated and where a Congregation is declared at risk, it shall be the duty of all parties to work and pray toward the resolution of such problems in a climate of respect and charity with the goal that the Congregation may be restored to spiritual and temporal health and full autonomy.

 

Inquiry for Purposes of Restoration of Congregational Health

(b) If there is concern that a Congregation is in jeopardy, an inquiry by the Bishop, or the Standing Committee if it is the Ecclesiastical Authority [hereafter Ecclesiastical Authority,] will determine whether a declaration of a Congregation at Risk under this Canon is prudent. The inquiry may be initiated through one of the following ways:

  1. The Rector or Vicar or Priest-in-Charge, or both Wardens, or a majority of the Vestry, believing that either three or more of the conditions listed in 1-8 of section (g) exist or condition number 9 in the same section, shall petition the Ecclesiastical Authority, to initiate such inquiry to confirm the existence of these conditions.
  1. The Bishop, believing either three or more of the conditions listed in 1-8 of section (g) exist or condition 9 in the same section, may initiate such inquiry.
  1. The Standing Committee, believing that either three or more of the conditions listed in 1-8 of section (g) exist or condition 9 in the same section, may petition the Bishop to initiate such inquiry; or if the Standing Committee is the Ecclesiastical Authority, it may initiate such inquiry by a majority vote.

(c) Upon proper initiation as provided in (b) above, the Ecclesiastical Authority may, acting through elected diocesan representatives, shall conduct an inquiry into the condition of the Congregation.

(d) The first step in the inquiry is a pastoral discussion to be held between the Ecclesiastical Authority, and/or their representatives and the Rector or Vicar or Priest-in-Charge and Vestry of the Congregation.  This meeting will serve to open the inquiry, and to share expectations, concerns, and timetables.

(e) The Rector, Vicar, or Priest-in-Charge and Vestry of the Congregation that is the subject of such inquiry shall cooperate in the inquiry under this Canon, including providing full and accurate information on the state of the Congregation and its affairs. Failure to reasonably cooperate shall be sufficient to declare that the Congregation is a Congregation at Risk.

(f) The end result of an inquiry is to determine if a congregation will be declared at risk.  Such a declaration will indicate that further action is required.

 

Conditions Leading to Determination of a Congregation at Risk

(g) No declaration of a Congregation at Risk may be made except upon an inquiry and finding that three or more of the following conditions exist in the Congregation at one time, and provided that the Congregation has cooperated with the inquiry:

  1. A decline in Average Sunday Attendance of 20% or more in a two-year period.
  1. A decline in financial support from congregants of 20% or more in a two-year period.
  1. The failure to elect a Vestry or to elect a Rector or accept the Bishop’s appointment of a Vicar or Priest-in-Charge.
  1. The failure to pay the minimum Clergy Compensation as required by Diocesan guidelines; or the failure in a timely manner to make the required contributions to the Church Pension Fund or to pay health insurance premiums for its clergy.
  1. The failure to send Congregational Delegates to the Diocesan Annual Convention.
  1. The failure to complete and submit the annual Parochial Report in a given year.
  1. The failure for two consecutive years to contribute to the Diocese its annual tithe or the appeal percentage granted to the Congregation by Diocesan Council.
  1. Instability or decline in its financial condition, as evidenced, but not exclusively, by the use of 10% or more of the principal portion of endowment or trust funds, or funding 10% or more of the annual operating budget from savings or reserves for two consecutive years.
  1. Establishment of a separate religious corporation or legal entity created by the parish leadership without the knowledge or approval of the Standing Committee. For this act alone, the Ecclesiastical Authority may initiate an inquiry, even if none of the above eight conditions listed exist.

(h) When an inquiry concludes that the conditions for a declaration of a Congregation at Risk are present based on upon the criteria in section (g), the findings are to be reported to Ecclesiastical Authority, the Standing Committee, and the Congregation involved.

After a Congregation’s Rector, Vicar, or Priest-in-Charge and Vestry are given an opportunity to address the findings before the Standing Committee, the Standing Committee may declare a Congregation at Risk by a ¾ majority agreement of the entire Standing Committee with the inquiry’s findings.

 

Outcome of a Declaration that a Congregation is at Risk

(i) Once there is a declaration of a Congregation at Risk, the Ecclesiastical Authority may initiate one or more of the following measures to restore the health of the Congregation:

  1. Arrange for continuing pastoral discussions to be held between the Ecclesiastical Authority, and/or their representatives and the Rector or Vicar or Priest-in-Charge and Vestry of the Congregation that address the conditions that are inhibiting its health and mission.
  1. Develop a plan for the Congregation to address those conditions that led to the declaration of a Congregation at Risk.
  • The plan will be presented to the Rector or Vicar or Priest-in-Charge and Vestry of the Congregation by the Ecclesiastical Authority, and/or their representative.
  • The Rector or Vicar or Priest-in-Charge and Vestry of the Congregation shall have 30 days to respond to the Ecclesiastical Authority, concerning the plan.
  • If there is a response from the Congregation within the 30 days allowed, the plan can be negotiated and adjusted before its presentation to the Standing Committee, at which point the Standing Committee may approve the plan by ¾ majority of the entire Standing Committee before it can be implemented.
  • If there is no response from the Congregation, the Standing Committee may approve the plan by a ¾ majority of the entire Standing Committee before it can be implemented.
  1. Appoint three or more Trustees to exercise the rights and functions of a Vestry during the pendency of these conditions. Said Trustees may or may not be members of the Congregation.  The appointment must be endorsed by a ¾ majority of the entire Standing Committee.
  1. Designate a Priest-in-Charge during the pendency of the conditions leading to the designation of a Congregation at Risk. Said Priest may or may not be the incumbent.
  1. Implement other measures, during the pendency of these conditions, with the concurrence of a ¾ majority of the entire Standing Committee.

(j) Any intervention in section (i) shall include criteria for determining how and when a particular Congregation will have its declaration of being a Congregation at Risk reassessed and/or removed, including who will report to the Standing Committee on the intervention’s progress.  These criteria will be specific to the findings of the inquiry leading to a declaration and the specifics of the plans put in place to address them.

(k) The Ecclesiastical Authority is not limited to the initial intervention.  After consultation with the Standing Committee an additional intervention may be imposed.

 

Removal of a Declaration of a Congregation at Risk

(l) The declaration of a Congregation at Risk will be removed after final reporting to the Standing Committee that conditions leading to the declaration have been corrected and a Congregation has returned to spiritual and temporal health.  Removal of the declaration of a Congregation at Risk will result in full autonomy being restored to the congregation.  This removal must be confirmed by a ¾ majority concurrence of the entire Standing Committee.

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