
BYLAWS OF ST. JAMES'
PARISH,
MONTGOMERY COUNTY
SECTION I.
AUTHORITY:
In accordance
with Section 1 of Canon 25 of the Episcopal Church of the Diocese of Washington, the
following sections constitute the
bylaws of St. James' Parish, Montgomery County,
Potomac, Maryland, and shall be used to conduct the business of the Parish. Nothing in the
bylaws shall be interpreted in any
manner that would contradict the requirements set forth for bylaws in Canon 25 of the
Diocese of Washington. Adopted February 28,
1971. (Revised April, 1988; February, 2000).
SECTION II .
ELIGIBILITY TO
VOTE AT MEETINGS OF THE PARISH:
All voters at
Annual and Special Meetings of St. James' Parish shall be:
A.
Members of the Church in good standing as defined in Canon I. 17, Sec. 1, of the General Convention of the
Episcopal Church (quoted as Appendix to these bylaws);
B.
At least 16 years of age when not prohibited by public law;
C.
Contributors of record to the Parish during the 12 months preceding the meeting
(with any recorded contribution of time, treasure or talent serving to meet this
requirement, with any question of fulfillment being decided by the majority of the Vestry
present); and
D.
Enrolled as voting members of St. James' Parish at least one month prior to the
meeting.
SECTION III.
MEETINGS OF THE
PARISH:
A.
Annual Meeting: The Annual
Meeting of St. James' Parish for election of Wardens, Vestry members and Diocesan
Convention Delegates shall be held on the third Sunday of October in a place selected by
the Vestry and announced as specified in Section III.D.
B.
Special Meetings: A Special
Meeting of the Parish may be called by the Rector, by a simple majority of the members of
the Vestry, or by written petition to the Rector or Senior Warden signed by ten percent of
the qualified voters of the Parish.
C.
Meeting Place: The meetings
must be held in the Parish Church buildings or some suitable building within the Parish
boundaries.
D.
Notice of Meetings: Written or
printed notice shall be given to all known members of the place, day and hour of any
Annual or Special Meeting of the Parish and, in the case of a Special Meeting, of the
purposes for which the meeting is called. Such
notice must be given by mail and by publication in the Sunday bulletin at least six weeks
but not more than two months prior to each Annual Meeting.
The initial announcement of the Annual Meeting shall also contain full instructions
for qualifying as a voter so that the enrollment deadline (Sec. II.D) can be met by all
eligible members. Notice of at least thirty
days shall be given of any proposed amendment, modification, or repeal of any by-laws, and
at least two weeks notice shall be given for a Special Meeting. Public announcements shall be made at all worship
services held in the Parish on the two Sundays prior to an Annual or Special Meeting.
E.
Quorum: Ten percent (10%) of
the qualified voters of the Parish shall constitute a quorum at Annual and Special
Meetings. A quorum having been established, a
majority vote of the eligible voters voting shall be necessary for an election or the
adoption of any matter voted on, except that a two-thirds vote of the eligible voters
voting shall be necessary for the adoption or amendment of by-laws.
F.
Presiding Officer: The Rector
shall preside at all Annual and Special Meetings of the Parish, or, in the Rector's
absence, the Senior Warden, or in the absence of both of them, the Junior Warden. If all three of them be absent, the Vestry members
present shall select one of their number to preside.
If the rectorship is vacant, the Bishop shall preside, if present.
G.
Election Procedures:
1.
Nominations:
a) Not
later than sixty days prior to an election at a Parish Meeting, the Vestry shall approve
and make known to the Parish a Nominating Committee of at least five members, one of whom
shall be a retiring member of the Vestry, if possible, and one of whom shall have served
on the preceding year's nominating committee, if possible.
All such appointees shall be registered voters of the Parish. The Nominating Committee may include members of
the Vestry, but neither the chairman nor a majority of the committee may be Vestry
members. The Committee shall be charged with
the responsibility for nominating candidates for the offices of Wardens, Vestry members,
Delegates, and Alternate Delegates.
b) The
Vestry shall instruct the Committee as to the number and terms of Wardens, Vestry members
and other positions to be elected.
c) The
roster of the Nominating Committee members shall be:
(1) prominently published in the Sunday bulletin; (2) promptly posted on the
bulletin board; and (3) mailed to all Parishioners, who shall also be informed of the
standards and qualifications prescribed by these by-laws for the selection of nominees and
invited to submit to the Committee, within fourteen days next following the date of the
mailing, names of persons requested to be considered for nomination.
d)
Candidates for nomination shall be members entitled to vote under Section II of
these by-laws in every respect except age and
communicants of the Episcopal Church in good standing.
They shall also meet the age requirements, if any, as may be prescribed in these
by-laws for the offices for which they are nominated.
e) The
Committee shall nominate at least one qualified candidate for each of the offices to be
filled. The Committee shall report its
actions to the Vestry not later than thirty days next preceding the date set for the
Annual Meeting. The committee shall publish
its report within one week of reporting to the Vestry.
f) In
addition to the candidates nominated by the Committee, other persons may be nominated by
written petition signed by not less than ten qualified voters of the Parish. Such petitions shall be filed with the Nominating
Committee not later than fourteen days before the Annual Meeting. Persons nominated by petition shall meet the
requirements in paragraph d. above. A
candidate must have given consent to the nomination.
g) The
Committee shall, in accordance with guidelines set by the Vestry, publish an informative
report of the names of those nominated by it and by petition as soon as possible but not
later than ten days prior to the date of the Annual Meeting.
h) Vestry
members to Judge Elections: A majority of
those members of the Vestry present at an Annual or Special Meeting shall judge the
elections, the qualification of voters, and the qualification of the parishioners proposed
to be elected.
2. Voting
Procedures:
a)
General. Parish elections shall
be by written ballot, except that, in the event only one person is nominated for any
office, the Secretary, on proper motion duly carried, shall cast a unanimous ballot for
such nominee. Ballots shall be counted by
three tellers appointed by the Presiding Officer. Tellers
must be eligible voters who are not candidates for the election for which ballots are
being tallied. The person (or persons, when
more than one office is being filled on the same ballot) receiving a majority of votes
present for a given office (or offices) shall be declared elected, except that, if the
number of nominees receiving a majority of the votes present is greater than the number of
offices to be filled, a group of nominees sufficient to fill the offices in question and
receiving the highest number of votes shall be declared elected, provided that, in the
case of a tie vote which affects the outcome of the election, a further ballot shall be
cast as to those receiving such tie vote. When
the election includes filling unexpired terms, the candidates elected first or receiving
the greatest number of votes will be considered a having been elected to the full terms. If, upon balloting, a majority of the votes
present is not received by any nominee for a given office or by the required number of
nominees when more than one office is being filled on the same ballot, a further ballot or
ballots shall be taken as to the nominees who did not receive a majority vote, until the
required votes to elect are obtained. On each
additional ballot, the nominee receiving the least number of votes on the preceding ballot
shall be dropped off, except that no election shall be determined by this elimination.
b) Absentee
Voting. Members of St. James' parish
otherwise meeting the eligibility requirements of Section 2 may vote by absentee written
ballot. Absentee written ballots will contain
the same information as ballots used in the annual parish meeting. Such ballots will be available 10 days in advance
of the annual Parish meeting upon request made to the St. James' Registrar. In order to be counted in the election process at
the annual meeting, written absentee ballots must be received in the St. James' Church
Office by 12:00 noon on the Friday preceding the annual parish meeting in which the ballot
is being cast. Absentee ballots will only be
counted for the first ballot in any election.
SECTION IV.
VESTRY:
A.
Members: The Vestry shall
consist of the Rector, a Senior Warden, a Junior Warden, twelve regular Vestry members and
may include one additional vestry member between the age of 16 and 18 ("youth
member").
B.
Election: Regular Vestry
members shall be elected at the Annual Meeting of the Parish, in accordance with
procedures specified herein, from among its registered members who meet the requirements
of Section 2 of these bylaws. In addition, a
youth vestry member between the ages of 16 and 18 who meets the eligibility qualifications
of Section 2 except for age may be elected if nominated pursuant to these bylaws.
C.
Term: The term of office for a
regular Vestry member (not a Warden) elected at an Annual Meeting shall be three years
except when filling an unexpired term. The
word "year", as used herein, shall mean a 12-month period of time
beginning on January 1 following the annual meeting through December 31 of that year. The terms of the twelve regular Vestry members
will be staggered so that four positions become vacant each year. No regular member of the Vestry shall,
after serving a full three-year term, become a candidate for re-election as a regular Vestry
member for at least one year, although he or she may be a candidate for Senior or Junior
Warden. However, a regular Vestry
member elected to fill a vacancy for the unexpired period of service to which another was
originally elected, and who has served less than two years, may be elected as a regular
Vestry member and serve a full three-year term. The
term of office for a youth vestry member shall be one year.
A youth vestry member under the age of 18 shall be eligible for re-election to one
additional term of one year.
D.
Continuity of Service on the Vestry: After
three absences from regularly
scheduled
Vestry meetings in a one year period, determine whether the responsibilities of the office
are being fulfilled or a replacement would better meet the responsibilities to the Vestry
and the congregation.
E.
Filling of Vacancies: In the
event of a vacancy in the office of Vestry member between Annual Meetings, a majority of
the Vestry may appoint from among the qualified members of the Parish a successor to fill
the vacancy until the next Annual Meeting. Any
unexpired term existing at the time of an Annual Meeting shall be filled by the election
of a qualified member of the Parish.
F.
Meetings: Regular Vestry
meetings shall be held on a schedule adopted by each new Vestry. Meetings of the Vestry may be called by the
Rector, the Senior Warden, or one-third of the Vestry, upon not less than three days'
notice, provided that the time for this advance notice may be shortened by waiver of a
majority of the Vestry at any meeting.
G.
Quorum: One half of the regular
vestry shall constitute a quorum for the transaction of business, except that a youth
member shall not be counted in determining a quorum.
H.
Voting: The act of the majority
of the Vestry present at a meeting shall be the act of the Vestry, except that, for
purposes of approving any contractual obligations of the Vestry, the vote of the youth
vestry member shall not be included in determining a majority of vestry members voting.
I.
Presiding Officer: The Rector
shall preside at all meetings of the Vestry, shall collect the votes and shall have a
vote. If the Rector cannot preside or is
absent, the Senior or Junior Warden shall preside or, in their absence, an appointee of a
majority of the Vestry shall preside. However,
if the rectorship is vacant, the Bishop shall preside, if present.
J.
Committees:
1. A majority of the Vestry in office may designate
or appoint one or more Committees, each of which shall consist of two or more Vestry
members, which Committees, to the extent provided by resolution of the Vestry, shall have
and exercise the authority of the Vestry in the management of the Parish, but such
Committees shall not operate to relieve the Vestry of any responsibility otherwise imposed
upon it by civil or canon law.
2. The Rector, the Senior Warden, and/or the majority
vote of a quorum of the Vestry at any meeting may appoint Vestry Committees, not having
the authority of the Vestry, to assist in the life and work of the Parish. Authority for policy and budget shall remain with
the Vestry. The Committees, through their
Chairmen, shall report regularly to the Vestry on the status of their area of
responsibility.
SECTION V.
PARISH ELECTED
OFFICERS:
Officers of the
Parish shall be the vestry members referred to in Section IV. A. shall be
a Senior Warden, a Junior Warden, and the authorized number of Lay Delegates to the
Diocesan Convention and one or more Alternate Lay Delegates.
A.
Wardens:
1.
Election: The Senior Warden and
Junior Warden shall be elected at the Annual Meeting of the Parish in the same manner as
Vestry members except that they shall be elected first on separate ballots and any current
Vestry member may be a candidate. Qualifications
for Wardens are the same as for Vestry members except that additionally, where possible,
they shall have served at least one (1) year as a Vestry member or Warden at an Episcopal
Church prior to election as either Senior or Junior Warden.
2. Term: The Senior and Junior Warden shall be elected for
a two-year term on alternate years so that their terms will be staggered and they may not
stand for re-election to the Vestry for one-year, except that any person who has served as
a Vestry member during a preceding term may be elected Senior or Junior Warden. However a Warden elected to fill a vacancy for the
unexpired period of service to which another was originally elected, and who has served
one year or less, may be re-elected, as a Warden and serve a full two-year term.
3.
Vacancies Between Annual Meetings: Vacancies
in the offices of Warden between Annual Meetings shall be filled from among elected Vestry
members in the same manner as specified for Vestry members.
4. Duties:
a) Senior
Warden: Shall be the Rector's advisor on
all matters affecting relations between the Rector and the Parish. During the absence or disability of the Rector,
the Senior Warden shall be responsible for the maintenance of regular services of worship
in the Parish Church, and shall maintain necessary contact with the Bishop or other
Ecclesiastical authority to assure such maintenance of services of worship. During absence or disability of the Rector, the
Senior Warden shall also preside at all meetings of the Vestry and shall consult with
other Officers, Vestry members and Committee Chairmen to insure that the affairs of the
Parish are conducted in a proper manner.
b) Junior
Warden: During the absence or disability
of the Senior Warden, the Junior Warden shall assume any or all of the duties of that
office as may be required for the proper conduct of the affairs of the Parish.
B.
Delegates: In conformity with
the Constitution of the Diocese of Washington, an authorized number of Lay Delegates and
one or more Alternate Lay Delegates to Diocesan Convention shall be elected annually at
the Annual Meeting of the Parish. Each
Delegate shall be elected to a two-year term, with the terms staggered so that at least
one delegate is elected at each annual meeting. Delegates
are eligible for re-election to one additional term.
Qualifications and elections procedures shall be the same as for Vestry members,
except that the Delegates and Alternate Delegates may simultaneously hold other Parish
offices or may be ineligible by previous service for election to the Vestry. Delegates shall take office immediately after the
annual Diocesan Convention which follows their election.
SECTION VI.
VESTRY APPOINTED
OFFICERS:
A.
Treasurer: A Treasurer of the
Parish shall be the chief financial officer of the Parish and shall be appointed annually
by a majority of the Vestry. The Treasurer
shall have the same qualifications as a Vestry member.
B.
Secretary: The Vestry shall
annually appoint a Secretary who shall maintain the minutes of the meetings of the Parish
and of the Vestry and who shall have such other duties as are set forth by the Vestry. The Secretary shall have the same qualifications
as a Vestry member.
C.
The Clerk: Shall keep and care
for the Register of the Parish and shall be the custodian of the Service Record Book and
shall have such other duties as are set forth by the Vestry. The Clerk shall be appointed annually by the
Vestry and shall have the same qualifications as a Vestry member.
D.
Legal Counsel: Any Legal
Counsel shall be approved by the Vestry and shall be a person learned in the law, who
shall be acquainted with the Maryland Vestry Act, the Constitution and Bylaws of the
Episcopal Church and the Canons of the Diocese of Washington, as well as other appropriate
civil law and to advise the Rector and Vestry concerning compliance therewith and any
other legal matters which shall concern the Parish.
SECTION VII.
CLERGY:
A.
Rector: When the rectorship
becomes vacant, the Vestry shall, by at least a majority vote, elect a new Rector from
among the presbyters of the Episcopal Church or other clergy authorized by the Canons of
the General Convention to officiate in the Episcopal Church. Such elections shall follow consultation with the
Bishop in conformity with appropriate Canons of the General Convention.
B.
Assistant Ministers: Election
of Assistant Ministers shall be by majority vote of the Vestry from among the clergy of
the Episcopal Church or other clergy authorized by the Canon of the General Convention to
officiate in the Episcopal Church. Such
election shall be at the nomination of the Rector and after consultation with the Bishop
in conformity with appropriate Canons of the General Convention.
C.
Contract: A call of a new
Rector or a new Assistant Minister shall be made to and accepted by the Minister in
Writing and shall contain a provision substantially in the form of Canon 25, Section 6(c)
of the Diocese of Washington.
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