Emmaus

Ecumenical Catholic Community

Oshkosh, WI

Constitution and Bylaws

March, 2009

Amended November 5, 2009

Amended February 1, 2011

Amended September 25, 2011

XXI ACTIONS REQUIRING SPECIAL PROCEDURES

PREAMBLE

We, as members of the Catholic Church of Jesus Christ, responding in faith to the call of the Holy Spirit through the Gospel, desiring to unite together to proclaim the Word, celebrate the Sacraments, and carry out Gods mission, do hereby adopt this Constitution and solemnly pledge ourselves to be governed by its provisions. In the name of the Creator, and of the Christ, and of the Holy Spirit. Amen.

I. NAME

The name of this parish shall be: Emmaus Ecumenical Catholic Community.

For purposes of the Constitution and accompanying by-laws, Emmaus Ecumenical Catholic Community is hereinafter designated as faith community or parish.

This faith community is and shall be incorporated under the laws of the State of Wisconsin.

II. MISSION STATEMENT To be determined.

III. MEMBERSHIP

These Bylaws authorize the Parish Council to accept those adults, 18 years of age and older, who wish to increase their participation in our faith community as Registered Members. Registered members:

A. Preserve the unity of the parish.

B. Share in the responsibility of the parish.

C. Serve in the ministry of the parish through the use of each ones unique gifts.

D. Support the mission of the parish through regular attendance and giving of time, talent and financial support.

Persons in a leadership position in the Emmaus Ecumenical Catholic Community shall not hold a leadership position in another faith community.

Those not wishing to become Registered Members are always welcome to participate in all parish liturgies and ministries.

IV. LAY PASTORAL LEADERSHIP

Lay Pastors are individuals who are called forth as spiritual leaders of the faith community pursuant to these bylaws. The Lay Pastors will act in communion with the pastor and clergy of the Emmaus Ecumenical Catholic Community.

It shall be the responsibility of all Lay Pastors to:

1. Provide spiritual leadership to the parish faith community he or she serves.

2. Encourage the healthy development and growth of the faith community according to the doctrine and theology of the Ecumenical Catholic Communion.

3. Participate in the fulfillment of parish goals and objectives.

4. Oversee the liturgical programs of the parish.

V. CLERGY

The Clergy are the Pastor and other ordained individuals who are called forth as spiritual leaders of the faith community pursuant to these Bylaws. An individuals status as ordained does not by itself constitute the delegation of spiritual leadership. The clergy will act in communion with the Presiding Bishop of the Ecumenical Catholic Communion.

A. Clergy

It shall be the responsibility of all Clergy to:

1. Provide spiritual leadership to the parish faith community he or she serves.

2. Encourage the healthy development and growth of the faith community according to the doctrine and theology of the Ecumenical Catholic Communion.

3. Participate in the fulfillment of parish goals and objectives.

4. Oversee the liturgical programs of the parish.

5. Assist in the budgeting and business planning of the parish.

B. Pastor

The Pastor is an ordained priest or deacon who is the spiritual leader of the faith community as delegated from the faith community. The Pastor is in communion with the Presiding Bishop of the Ecumenical Catholic Communion, and is primarilyresponsible for the spiritual life of the faith community. The Pastor shall:

1. Oversee and guide the activities of all clergy in the parish.

2. Oversee and approve the liturgical programs of the parish.

3. Serve as an ex-officio member of the Parish Council. Will vote only in case of a tie.

4. Assist in the budgeting and business planning of the parish.

5. Supervise the Parish Administrator, if applicable.

VI. PASTORAL COUNCIL

A. The Pastoral Council is appointed by the Pastor to assist in the religious life of the community. Authority of the Pastoral Council is delegated from the Pastor, The Council shall be responsible for making and implementing decisions on (but not limited to):

1. Promoting opportunities for sharing faith in community, prayer and ministry

2. Providing religious education

3. Liturgy and music

VII. PARISH COUNCIL

A. The Parish Council is the parish decision-making body dedicated to fulfill the mission obligations of the parish. The Parish Councils authority is delegated from the parish. Authority of the Lay Pastoral Leadership, Clergy and Pastor is in all respects delegated from the Council. The Parish Council shall generally meet at least once a month. The Council shall be responsible for making and implementing decisions on (but not limited to):

1. The physical needs of the Parish environment.

2. The financial and budget needs of the Parish.

3. Acquisitions and purchases for the Parish.

4. Parish fundraising.

5. Public Relations.

6. Hospitality.

7. Mission.

8. Hiring, evaluating and firing of Parish staff and other issues related to human resources.

The Parish Council shall be responsible to oversee that the Parish meets its legal and financial responsibilities. Procedures for Council operation, member selection and membership duration are defined in the Parish By-Laws.

B. PARISH COUNCIL PROCEDURES

The Parish Council is the decision-making body of the faith community on all matters not retained by the parish at large. The Council has authority to delegate tasks and decisions to committees or individuals within the parish. The Council consists of up to eight voting members, including the representative to the House of Pastors chosen by the parish. (Article XI, Para. B)

1. Eligibility: With the exception of the first council, the recommended minimum requirements to serve on the Council are:

a. Member of the parish.

b. Member of a parish ministry team or similar active service to the parish.

Full-time, compensated Parish Staff are excluded from serving on the Council, with the exception of the Pastor. Also excluded from Council service are the spouses, partners, and immediate family members of full-time compensated Parish Staff.

2. Responsibilities:

a. Must attend the Parish Council Retreat(s) during Council term.

b. Must attend and participate in all Council meetings or notify the Council Chair in advance.

c. Review Council minutes prior to each meeting.

d. Must make decisions for the good of the Parish.

3. Term: The term of office will be based on a Liturgical Year, commencing on July 1 and ending on June 30.

Council members serve a three-year term. The terms are staggered among the seven non-clergy members such that two or three members complete their term and are replaced each year. Upon completing two full terms, one is ineligible to serve on the Council again for one year. There is no limit to the number of terms one may serve. Exiting Council members shall end their term with the last Council meeting of the year. Newly selected Council members shall begin their term at a Council orientation meeting held prior to the first Council meeting of the new year.

4. Appointment of Council Members:

Council member selection is performed according to the following steps:

a. In April, the Pastor and Council shall publicize and receive nominations from all members of the parish.

b. In May, the Pastor and/or Council members shall approach each of the nominated candidates to ask if they are willing to serve on the Council. The list of nominations shall be presented to the rest of the Council and made available to the entire community.

d. In June, The new council members will be elected by a majority vote of the parish at a duly called convocation. The top two or three will be announced as elected to the Parish Council.

5. Appointment of a Council Chair:

The Council shall elect a chair. The Pastor will chair the election process.

6. Duties of Council Chair:

The Council Chair shall be responsible for, but not limited to:

a. Scheduling and notifying of Council meetings.

b. Moderating Council meetings.

c. Being aware of and communicating to the Pastor all issues regarding the Council, including participation and attendance of Council members.

d. Administering the voting process within the Council.

e. Delegating tasks within the Council.

f. Facilitating the annual Council orientation.

g. Calling upon Ministry teams to submit annual budgets.

h. Conducting nominations for new Council members.

i. Conducting nominations and elections for Vice-Chair, Secretary and Treasurer.

j. Ensuring each Council member fulfills the Council member responsibilities during their term.

7. Duties of Vice-Chair:

The Vice-Chair shall be responsible for:

a. Preparing and scheduling Council workshops, as needed.

b. Coordinating the orientation meeting for new Council members.

c. Assuming moderating responsibilities in the absence of the Chair.

8. Duties of Secretary:

The Secretary shall be responsible for:

a. Assembling and distributing Council meeting agendas and minutes.

b. Ensuring that minutes are taken at all Parish meetings

c. Ensuring that minutes are taken at all Council meetings

9. Duties of Treasurer

The Treasurer shall be responsible for:

a. Chairing the Financial Committee

b. Preparing the annual budget in consultation with the Pastor

c. Presenting the annual budget to the Council and Parish

10. Frequency of Meetings:

The Parish Council shall normally meet once each month. Meetings may be added or rescheduled by the Chair or Pastor.

11. Meeting Procedures:

At least one week prior to each meeting, the Council members shall notify the Council Chair of any issues they wish to discuss at the meeting. The Chair shall prepare a meeting agenda and deliver it to the rest of the Council at least 48 hours prior to the meeting. The Chair shall conduct the meeting according to the agenda order of business. Decisions shall be made according to the modified Roberts Rules of Order. In the event of a tie, the Pastor shall cast the deciding vote.

Decisions, in order to be recognized, require that a quorum of the Council be present. A quorum is 5 members. Unless otherwise stated, a simple majority of votes cast is required to carry a motion.

If a quorum is not available, any decision votes shall be postponed until the next meeting at which a quorum is present.

12. Order of Business:

Council meeting agendas shall include, but are not limited to, the following:

a. Opening prayer.

b. Mission statement and meeting objectives.

c. Approve minutes of prior meeting.

d. Treasurers report

e. Old Business.

f. New Business.

g. Report from the Parish Pastor.

h. Reports from Standing Ministry Teams.

i. Closing prayer.

13. Removal of a Council Member:

a. A Council member may be relieved of his/her duties pursuant to Article XII of the Constitution.

b. In addition, a Council member may be removed for cause including, but not limited to, the following:

i. Behavior that is not consistent with or representative of the mission of the Parish.

ii. Behavior that is in direct opposition to the vision of the Council; continuously undermining the objectives of the Council.

iii. Absence in excess of three (3) meetings per year.

c. The Council Chair and Pastor shall be responsible for the counseling of a Council member. If the Chair is the Council member in question, then the Vice-Chair and Pastor shall be responsible for the counseling of the Moderator.

d. Removal of a Council member requires a 3/4 vote of the Council. The seat shall be filled according to Article XIII

VIII. PARISH ORGANIZATIONS

A. The purpose of the parish organizations is to implement the mission of the Parish and the decisions of the Parish Council and Pastor. There shall be a Parish Ministry Team organized for every ministry in the Parish. Additional Teams shall be formed and dissolved by the Parish Council as needed in order to accomplish Parish tasks and goals. Generally, the Parish Council shall ask members of the community to serve on the Ministry Teams as necessary although people and organizations outside the parish community may be asked to help in specific tasks.

The Team Leader shall be responsible for the Team schedule, coordination and frequency of meetings.

B. STANDING MINISTRIES

1. Creation of Ministry Teams:

When a Ministry is deemed necessary, the Council shall create a Ministry Team by a majority vote of the Council.

2. Responsibilities of Ministry Teams:

The following responsibilities apply to all Ministry Teams. Additional responsibilities may be included under the specific Ministry.

a. Fulfill the purpose of the Ministry as defined in these By-Laws.

b. Prepare and submit an annual budget to the Parish Finance Committee.

i. Provide accurate accounting for all events and expenses.

ii. Submit all expenses/costs not in the approved budget in advance to theFinance Committee for approval.

c.The results of all funding initiatives are to be deposited into the parish funds.

d. Funds are allocated to a Ministry based upon budget proposals.

3. Appointment and Term of Ministry Team Chair:

Each team must designate a Chair each year. It is up to each team to determine the best process to accomplish this requirement, within the guidelines of these by-laws.

4. Removal or Resignation of Ministry Team Members:

a. A Ministry team member may be removed for cause including, but not limited to, the following:

i. Behavior that is not consistent with or representative of the mission of the Parish.

ii. Behavior that is in direct opposition to the vision of the Council; continuously undermining the objectives of the Council.

b. Removal of a Ministry team member requires a majority vote of the Council.

c. Resignation of a Ministry team member must be submitted to the Council in writing.

5. Ministry Teams:

a. RELIGIOUS EDUCATION

Purpose

Responsibilities Plan and staff adult and childrens religious education seminars and classes.

b. FINANCE

Purpose

Responsibilities Fiscal planning, budget preparation and consultation, manage parish resources.

c. PUBLIC RELATIONS

Purpose - To create an awareness of Emmaus Ecumenical Catholic Community, and provide growth to our community.

Responsibilities -

i. To create all necessary advertising materials for local and national recognition.

ii. To participate in local and national conferences/ organizations in an effort to provide exposure to Emmaus Catholic Community and/or to the Ecumenical Catholic Communion.

iii. To make contact with local businesses and maintain advertising income using the back of the Sunday bulletin.

d. SOCIAL JUSTICE Purpose To discern and implement parishs work for the poor, marginalized and oppressed.

e. HOSPITALITY

f. MOTHER TERESA MINISTRY

IX. PARISH DECISION PROCESS

A. Ordinary Parish decision-making authority is distributed as follows:

1. Pastor

The Pastor is the delegated decision-maker in these areas:

a. Management of the Parish Clergy. The Pastor shall make recommendations to the Bishop and Parish Council for ordination candidates and the dismissal of clergy.

b. Supervision of the Parish Administrator, where applicable.

c. Approval and oversight of liturgical programs and initiatives within the Parish.

d. Initiate or modify activities within the Parish as necessary in order to maintain and enhance the spiritual and theological direction of the Parish.

e. Function as an ex-officio member of the Parish Council.

2. Parish Council

The ordinary decision-making responsibilities of the Parish Council are specified in Article VII of the Constitution. An effort will be made to decide these matters at Council meetings by consensus; where a consensus cannot be reached, matters will be decided by a simple majority vote.

3. Parish Administrator (if applicable)

The Parish Administrator is authorized to:

a. Negotiate and bid all contractual services rendered to the Parish.

b. Act as business liaison to financial institutions and business associations.

c. Monitor and coordinate the Parish budget and business plan.

d. Review and distribute financial reports monthly.

e. Supervise major purchases within the approved business plan.

f. Supervise Parish staff.

B. Special decision-making provisions.

Under extraordinary circumstances, special decision-making processes are required. These are detailed in the following Articles, as needed.

X. COMMUNION AFFILIATION

The parish voted on March 27, 2009 to become affiliated with the Ecumenical Catholic Communion (ECC). The ECC is a confederation of independently incorporated faith communities which is governed by the House of Laity, the House of Pastors, the Office of the Presiding Bishop, and the Episcopal Council.

A. Expectations of membership shall include:

1. Following the Communion Constitution and canons.

2. Financial support of the Communion at a rate established by the current Communion Synod.

3. To receive a bi-annual Episcopal visit unless otherwise determined by mutual agreement between the parish Pastor and the bishop.

a. The parish shall cover all costs associated with the Episcopal visit.

B. Separation from the Communion

If issues develop between the Parish and Communion which cannot be reconciled, the Parish may decide to leave the Communion under the following conditions:

1. Two-thirds vote of the full Parish Council, in favor of leaving the Communion.

2. A special meeting, with two-week notification, shall be called to all registered Parish members. Of the members attending the meeting, a two-thirds majority vote in favor of leaving the Communion.

3. The Parish Council will have an exit interview with a representative of the Presiding Bishop of the Communion.

4. If all conditions are not met, the Parish remains in the Communion.

XI. SELECTION OF SYNOD DELEGATES

A. House of Laity

The parish shall elect from its adult membership delegates for the Ecumenical Catholic Communion Synod.

1. The parish shall select and send the appropriate number of voting laity to the Synod.

2. Delegates must be at least eighteen years of age and cannot be ordained clergy.

3. Delegates shall be elected for a term of two years, with the possibility of successive terms. The Parish Council shall nominate the delegates for election.

4. Delegates, if unable to fulfill their role, are succeeded by an alternate delegate appointed by the Parish Council.

5. The parish shall send at least one (1) voting delegate to the House of Laity. An additional voting delegate for each unit of fifty (50) currently registered adult members in the parish would also serve in the House of Laity. However, the number of voting delegates representing the parish in the House of Laity shall not exceed one third (1/3) of the total number of delegates of the House of Laity.

B. House of Pastors

The House of Pastors is comprised of all Pastors and designated ministerial representatives from the participating faith communities of the Ecumenical Catholic Communion

1. The Parish Pastor shall be a member of the House of Pastors for as long as the Pastor serves the parish in that capacity.

2. The Parish Pastor must attend the Synod.

3. In addition to the Pastor, the Parish Council shall select one ministerial representative from among the Lay Pastoral Leadership or ECC clergy of the parish to serve as a voting member of the House of Pastors. If there is no other Lay Pastoral Leadership or clergy of the Communion within the parish, an alternative representative may be selected from the laity to serve as the additional ministerial representative of that parish. The term of office is two (2) years with the possibility of successive terms.

XII. SELECTION OF A PASTOR/PARISH CLERGY

The steps in selecting a new Pastor or Parish Clergy are as follows:

A. The Parish Council appoints a Selection Committee of lay members and clergy.

B. Selection Committee performs the search for potential candidates from appropriate Communion clergy.

C. Selection Committee presents their recommendations to 1) the Communion Vocational Board; and 2) the Presiding Bishop, for approval.

D. Approved candidate is presented to the Parish Council. A majority vote of the full Parish Council is required.

E. Approved candidate is then presented to the Church members at a special meeting. A simple majority vote of attending registered adult members is required.

XIII. REPLACEMENT OF A PARISH COUNCIL MEMBER

The steps in selecting a replacement Parish Council member are as follows:

A. The Parish Council appoints a Selection Committee.

B. Selection Committee performs the search for potential candidates.

C. Approved candidate is presented to the Parish Council. A majority vote of the full Parish Council is required.

XIV. REMOVAL OF A PASTOR

The Presiding Bishop, or episcopal representative, shall be a non-voting observer of these proceedings, to insure due process. In the case of complete deadlock, arbitration may be required. If the Pastor is voted out of the Parish, the Presiding Bishop shall remove the Pastor from his/her position in the Parish.

A. Criteria/Grounds

In the event that all attempts at reconciliation have failed, the following criteria apply:

1. Incompetence.

2. Unconstitutional behavior.

3. Abuse of power.

4. Physical or mental health/emotional health.

5. Doctrinal misconduct.

6. Conviction of criminal conduct or sexual assault.

7. Conviction of homicidal threat or attempt.

8. Conviction of sexual misconduct.

B. Conditions

To remove the Pastor, all the following conditions must be met:

1. Majority vote of the full Parish Council, in favor of removing the Pastor.

2. Removal or termination must be reported to the Office of the Presiding Bishop.

3. A special meeting shall be called of all registered adult Parish members. Of the members attending the meeting, a majority vote in favor of removing the Pastor.

4. The removal of an ordained Pastoral associate follows an identical process.

XV. CONDUCT OF CLERGY AND STAFF

A. Clergy and staff are required to maintain standards in accordance with the Ethical Code of Conduct, as outlined by the Ecumenical Catholic Communion.

B. The parish is the employer of record for its clergy and staff, with the responsibility to hire, evaluate and terminate all clergy and staff, practice pre-employment inquiries of sexual misconduct and conduct criminal background checks.

C. The Communion carries no legal responsibility or liability for the conduct of clergy or staff of the parish. The parish is committed to and responsible for reporting, full disclosure and cooperation with civil authorities in the investigation of allegations of misconduct by its clergy and staff.

D. Allegations of misconduct shall be reported, according to established guidelines of the Communion, to the Presiding Bishop and the Episcopal Council for review.

XVI. SEPARATION OF MEMBERS FROM THE PARISH

Denial of the Christian Faith, conduct unbecoming a member of the Church or persistent trouble-making in this parish are sufficient causes for discipline of a member. Prior to disciplinary action, the matter will be brought up before the Parish Council and reconciliation will be attempted, proceeding through these successive steps in accordance with the Gospel of Matthew 18:15-17:

A. Private admonition by the Pastor.

B. Admonition by the Pastor in the presence of two Parish Council members.

C. If the above steps fail, the Pastor will ask the member to leave the Parish.

D. Illegal activity shall be reported with full disclosure and cooperation to civil authorities.

Reinstatement to the community may be considered by the Pastor and the Parish Council.

XVII. DISSOLUTION OF PROPERTY RIGHTS

In the event that the Parish is dissolved as an entity, its assets are dispersed as specified by the Parish Articles of Incorporation: once all debts and obligations are paid, the remainder of the Parish assets must be donated to a similar non-profit entity. The Pastor and Parish Council shall decide where to donate the remaining assets as follows:

A. If less than half of the Parish Council remains, the decision shall be made by the Pastor.

B. If the Pastor is no longer involved, the decision shall be made by a simple majority vote of the remaining Parish Council.

C. If agreement cannot be reached between the Pastor and a majority of the remaining Parish Council, the decision shall be made by the Parish Council if they have a two-thirds consensus of the remaining members. Otherwise, the decision shall be made by the Pastor.

XVIII. AMENDMENT OF CONSTITUTION

A. Submission

Amendments to the Constitution shall be submitted by a Parish Council member to the full Parish Council one month prior to the Council meeting in which the amendment(s) shall be voted on.

B. Voting

Adoption of an amendment shall require a favorable vote of a majority of the full Parish Council. Votes may be made in absentia by proxy.

C. Implementation

An adopted amendment shall take effect immediately upon ratification by the parish.

XIX. PARISH CONVOCATION

All authority in the parish is held by the community and delegated as set forth in the Constitution and By-Laws. The community believes God is active in the lives of parishioners and Gods Word for the parish is primarily found in the faith experiences of the community.

A. Meetings

1. The Parish Council shall arrange convocations of the parish. It is recommended that meetings be held at least four times a year.

2. The agenda shall include matters retained by the whole parish as well as discernment for the vision of the parish.

B. Retained Authority the parish as a whole retains the authority 1) to select the parish council; 2) select the Pastor; 3) approve changes to the Constitution and Bylaws; and 4) make decisions regarding parish affiliation.

C. Voting at convocations shall be by a simple majority of those Registered Members in attendance unless otherwise required in these Bylaws.

XIX. SIGNATURE AUTHORITIES

A. The following shall have signature authority on parish banking accounts:

1. Pastor

2. Council Chair

3. Parish Treasurer.

B. A double signature with two of the above signature authorities is required for any single amount of $500.00 or more.

XX. ACTIONS REQUIRING SPECIAL PROCEDURES

The following are procedures relating to special circumstances, which may come to the attention of the Parish Council. They are not deemed to be all-inclusive.

A. Investigation of Accusations within the Parish:

1. Upon notification of an accusation an Ad-Hoc Investigation Team shall be commissioned consisting of at least 2 Council members. Special consideration should be given to maintaining a team that is impartial and removed from the party(ies) involved.

2. This team shall conduct a fair line of questioning that is consistent with the accusation, involving all necessary parties/witnesses.

3. Interviews and actions shall be conducted with at least two members of the investigation team present, as to insure the presence of witnesses.

4. All information shall be documented for the record.

5. Legal consultation is strongly recommended.

6. The findings of the Investigation Team shall be presented to the responsible party (either the Pastor or the Council) and a fair decision shall be made in accordance with the evidence presented. The best interests of the strength and spiritual development of the community will also be a factor in the decision-making process.

7. Consideration shall be given to a public disclosure of such events, in keeping with an open and honest line of conduct.

B. Grievance with Clergy or Staff: TBD

C. Parish Real Estate Transactions: TBD

D. Abstaining:

A sitting Council member whose spouse, partner and/or immediate family member is subject to a disciplinary or conflict of interest action must abstain from voting on the measure or matter.