PART I - THE CONVENTION

CANON I
Of the Clergy
Section 1.  The Roll or list of the Clergy as held and duly prepared by the Secretary of the Diocese shall be prima facie evidence of the rights of Clerical Members.  Should any dispute arise, it shall be referred to a Committee of the Convention, which shall decide and report; and the decisions thus made, if accepted by the Convention, shall not be called in question again during that session.

Section 2 (A).  No Minister of this Church not canonically resident in the Diocese of Maine shall officiate on more than eighteen (18) days, whether consecutive or not, in any twelve (12) month period by preaching, ministering the Sacraments, or holding any public services within the limits of this Diocese until he or she has applied for and received from the Ecclesiastical Authority a license to so officiate.  Such license, if granted, shall remain in effect until December 3l of the year following the year of its issuance, unless earlier revoked.

(B).  Licenses shall, at the discretion of the ecclesiastical authority, be renewed from year to year for periods not to exceed one year.  The ecclesiastical authority may establish requirements and procedures governing application for the issuance and renewal of licenses.

(C).  No Minister not canonically resident or licensed in the Diocese shall be engaged to conduct services of this Church in any congregation during a vacancy therein, or in the absence of its Minister, without permission of the ecclesiastical authority or the authorized representative of the ecclesiastical authority.

(D).  Every Minister licensed as provided in this Canon shall at the end of each calendar year report to the ecclesiastical authority services held, and if there have been none, the causes or reasons which have prevented the same.  Such licensed clergy shall also make such further reports to the ecclesiastical authority as the ecclesiastical authority may require.

Section 3. No cleric shall be denied access to the deployment process for any position in this diocese because of race, color, ethnic origin, sex, national origin, marital status, sexual orientation, disabilities or age, except as otherwise specified in the Canons of the Episcopal Church.

CANON 2
Of Lay Delegates
Section 1.  A form of certificate for Lay Delegates, in conformity with the Constitution, shall be sent to all the Parishes and Missions by the Secretary of the Diocese, at least one month before the meeting of the Annual Convention, or at least fourteen (14) days before a Special Convention.

The certificate of the election of Lay Delegates shall be returned to the Secretary at least five days before the first day of the Convention; and the Secretary shall make a Roll of the names of the Lay Delegates whose certificates are in regular form.

Section 2.  At each Annual Convention there shall be appointed by the Bishop or other President of the Convention, two members of the Convention to serve with the Secretary of the Diocese as a Committee on Credentials until their successors are appointed.  Before the next Annual or Special Convention, the Committee on Credentials shall examine the Journals of the Diocesan Convention and the reports of the Treasurers of the various Diocesan Funds and shall make such other investigation as they deem expedient, and shall report to the Convention a list of the Parishes and Missions whose Lay Delegates are allowed by the Constitution and Canons of the Diocese to vote in such Convention and shall also report a list of the Parishes and Missions whose union with the Convention might be forfeited in accordance with the Constitution.

 CANON 3
Of Attendance

It is declared to be the duty of every member of the Clergy and every Lay Delegate having a seat in the Convention to attend every meeting thereof, or send a reasonable excuse.

 CANON 4
Of Assessments

The Convention shall, at its discretion, make and lay on the Parishes and Missions of the Diocese, assessments for the carrying on of the work of the Diocese.

CANON 5
Of the Convention Committee on Finance

Section 1.   There shall be a Convention Committee on Finance consisting of at least three (3) Presbyters and three (3) laypersons, appointed by the Bishop at the Annual Convention.
Section 2.   It shall receive all financial reports submitted to the Convention to pass on their accuracy and ascertain that they are duly audited when such auditing is required.  All financial reports to the Annual Convention shall be made for the Calendar Year.
Section 3. Any resolutions involving the expenditure of money not already provided in the Budget of the Diocese or the Missionary Society shall be referred to this Committee after being introduced to the Convention.

PART II - OFFICERS OF THE DIOCESE

 CANON 6
Of the Secretary of the Diocese

Section 1.  Unless otherwise directed by the Convention, the Secretary shall give written notice of the time and place of the meeting of a Convention by mailing a copy of such notice to each Clerical Member of the Convention and to the Clerk of every Parish or Mission in union with the Convention together with the certificates for Lay Delegates.   The notice of any Special Convention shall specify the purpose thereof.

Section 2.  It shall be the duty of the Secretary to mail a copy in blank form of the Parochial Report to every incumbent of a Parish or Mission, which shall be duly filled in and returned before the first day of the month specified.  The Secretary shall, with whatever assistance deemed necessary, examine all Parochial Reports and return for correction those in which errors or omissions appear.  The Secretary shall compile, file, and keep on record the statistics from the Parochial Reports for presentation to the Annual Convention following the year for which such reports were made.   A complete tabulation of all Parochial Reports shall be printed in the Journal.

Section 3.  It shall be the duty of the Secretary to prepare for presentation to each Diocesan Convention a report on the actions taken on each of the resolutions adopted by the previous Diocesan Convention.

Section 4.  In case of the disability of the Secretary of the Diocese, the duties shall devolve upon one of the Assistant Secretaries, if there be such, in order of their appointment; if not, upon the Secretary of the Standing Committee.

 CANON 7
Of the Treasurer of the Diocese

Section 1. It shall be the duty of the Treasurer to receive and disburse all monies collected under the authority of the Convention unless the collections and disbursements shall be otherwise specifically ordered.

The Treasurer shall render a report to the Annual Convention which shall contain a certificate that these accounts have been audited in accordance with Canon 18.1.5.

Section 2.  The Treasurer may be removed from office by the Bishop, with the consent of the Standing Committee, for any neglect, misconduct, or incapacity.

 CANON 8
Of the Chancellor

There shall be a Chancellor appointed by the Bishop whose term of office shall be three years.  The Chancellor shall be a Communicant of the Diocese in good standing, learned in law, and shall be the legal advisor of the Ecclesiastical Authority, the Convention, and the Cathedral Chapter.

 CANON 9
Of the Registrar and Archivist

Section 1.  A Registrar of the Diocese, who shall also serve as Archivist of the Diocese, shall be appointed by the Bishop, to hold office until he or she shall resign, or until a successor shall be appointed.

Section 2.  It shall be the duty of the Registrar and Archivist to collect and preserve all papers, files, reports, journals, records, and other documents relative to the history of the Diocese, and to keep the same in some safe and accessible place, where members of the Convention and other authorized persons may have access to them.

Section 3.  The Registrar and Archivist may accept custody of documents relative to the history of any parish, mission, or institution of the Diocese, subject to terms and conditions acceptable to the Archivist and to the parish, mission or institution concerned.

Section 4.  It shall be the duty of the Registrar and Archivist to preserve, in a proper Registry Book, a record of the Ordination and Consecration of the successive Bishops of the Diocese, designating the time and place of the same, with the names of the ordaining and consecrating Bishops, and others present and assisting; to record a list of all the Presbyters and Deacons, and the dates of their connection with the Diocese.

Section 5.  The Registrar and Archivist shall make a written report to the Annual Convention of the Diocese.

 CANON 10
Of the Archdeacon

Section 1.  One or more Archdeacons may be appointed by the Bishop.

Section 2.  The duties and compensation for the Archdeacon(s) shall be determined by the Bishop and reviewed with the Diocesan Council.

Section 3.  Compensation and expenses for the Archdeacon(s) shall be included in the diocesan budget as approved by the annual convention.

PART III - REPRESENTATION

CANON 11

Of Deputies to the General Convention

Section 1.  At the Annual Convention in the year preceding the regular meeting of the General Convention, four Clerical and four Lay Deputies shall be elected to represent the Diocese in the General Convention.

Section 2.  At the Annual Convention next before the regular meeting of the General Convention, any vacancies which may then exist in the number of Clerical or Lay Deputies shall be filled by election.  At this same Convention or at the Annual Convention in the year preceding the regular meeting of the General Convention, the year of election to be determined by the Annual Convention, four Clerical and four Lay Provisional Deputies shall be elected, from which number vacancies in the office of Deputies shall be filled by the Ecclesiastical Authority, if such Authority shall determine that said vacancies cannot be filled by election at an Annual Convention.   A vacancy shall exist if a Presbyter having been elected a Deputy shall cease to be regularly engaged in the active ministry as described in Article III 3(1) of the Constitution of the Diocese of Maine.

Section 3.  All elections provided by this Canon shall be by ballot unless otherwise agreed by unanimous consent.

 CANON 12
Of Deputies to the Provincial Synod

Section 1.  At the 169th Annual Convention, one clerical deputy and one lay alternate be elected for a term of three years and thereafter every second year for a term of two years; and one lay deputy and one clerical alternate be elected for a term of two years and thereafter every second year for a term of two years.

Such election shall be by Ballot unless otherwise agreed by unanimous consent.   Vacancies in the office of Deputy shall be filled by the Ecclesiastical Authority.

PART IV - COMMITTEES AND BOARDS

Section 1.  The Standing Committee shall at its first meeting choose a Chair and a Secretary, either Clerical or Lay.  The Secretary shall record all proceedings in a book provided for the purpose, and this, with all papers relative to the business of the Diocese, shall be open to examination by the Bishop and by the Convention; and a report of the acts shall be made to the Annual Convention, except such acts as pertain to its function as a Council of Advice to the Bishop.

Section 2.  A majority of the Committee shall constitute a quorum.

Section 3.  The Standing Committee shall be a Council of Advice to the Bishop, and shall be summoned at any time that the Bishop may desire its advice.

Section 4.  The Standing Committee shall be the Ecclesiastical Authority of the Diocese when a vacancy occurs in the Episcopate, except in cases otherwise provided for by the Canons of the General Convention or of the Diocese.

 CANON 14
Of the Commission on Ministry

Section 1.  There shall be in this Diocese a Commission on Ministry.

Section 2.  The duties of the Commission shall be those assigned to Diocesan Commissions on Ministry by the General Convention, and such other duties as the Bishop may appropriately assign.

CANON 15 of the Diocese of Maine
Of the Diocesan Council

(1) The congregations and the clergy of the Diocese shall be grouped in  Areas in such number and manner as the Bishop and Diocesan Council, in consultation with the clergy and congregations, shall from time to time determine. (2) There shall be a Diocesan Council composed of the following members:

The Bishop(s);

Two members representing each of the Areas of the Diocese;

One Commission Chairpersons from each Commission of Diocesan Council, or designees;

The Chairperson of the Finance Committee;

and no more than four members appointed by the Bishop.

(3) Selection of members shall be as follows:

a. In addition to the Bishop Diocesan of Maine, if there be any Bishop Coadjutor or Bishop(s) Suffragan, whose duties include service on the Council, each such bishop shall likewise be a member.

b. Each Area shall elect two members to serve staggered terms of two years.   Each members shall be elected in accordance with procedures established or approved by the Council, either from the clergy of the  Area, as eligible under Article III.3.1 of the Constitution of the Diocese of Maine,  or from the lay members, who are communicants in good standing of their respective congregations within the  Area.  The names of those elected shall be communicated to the Bishop for review, and presented at Convention. 

(3) c. The Bishop may appoint not more than four members of to the Diocesan Council at any time the Bishop may deem convenient, to serve until the final adjournment of the second Diocesan Convention held after their appointment.  If there be no Bishop, the Standing Committee shall have the power of appointment.

 (4) No person having served as a member of the Diocesan Council for six consecutive years shall be elected or appointed to the Diocesan Council until after the expiration of one year following the sixth year of service.  For the purpose of this Canon, the period between annual Diocesan Conventions shall be deemed one year.

 (5) Vacancies in the number of members of the Diocesan Council elected by an Area may be filled by the  Area.  The appointing authority may fill vacancies in the number of appointed members of the Diocesan Council.  In all cases such elections or appointments shall be for unexpired terms only.

(6) The Bishop or the Convener appointed by the Bishop shall preside at all meetings of the Diocesan Council.  In their absence of both, the Council shall have the power to choose its own presiding officer.

 (7) The Diocesan Council shall administer and carry out the work of the Episcopal Church within the Diocese of Maine,  subject to such directions as the Diocesan Convention may give.  Within 30 days of adjournment of the annual Diocesan Convention, Diocesan Council shall schedule and publish the dates of Council meetings for the ensuing twelve months; Diocesan Council shall, in advance of such scheduled meetings, make the proposed agenda available to the members of the Diocesan Council and to the Areas.

(8) At least six weeks before the date set for the Annual Diocesan Convention the Council shall prepare an estimate of the amount of money required for the work of the Diocese during the next ensuing year — that is, from January 1 to December 31. The Council shall determine and recommend to Convention the assessments required to carry out the ministry of the Diocese. 

(9) The Diocesan Council shall establish a Finance Committee.

 (10) In addition to establishing a Finance Committee, the Diocesan Council may establish such other, commissions, committees, and task forces as it may deem advisable.   

CANON 16
Of the Church Pension Fund

Section 1.  In conformity with the legislation adopted by the General Convention of 1913, pursuant to which the Church Pension Fund was duly incorporated, and in conformity with the Canon of the General Convention, "Of the Church Pension Fund", has heretofore amended and as it may hereafter be amended, the Diocese of Maine hereby accepts and acknowledges The Church Pension Fund, a corporation created by Chapter 97 of the Laws of 1914 of the State of New York, as subsequently amended, as the authorized and approved pension system for the clergy of the Protestant Episcopal Church in the United States of America, and for their dependents, and declares its intention of supporting said Fund in accordance with its rules.

Section 2.  The Bishop of this Diocese shall appoint at each Annual Convention a Committee on the Church Pension Fund to consist of at least three (3) Presbyters and three (3) lay persons, two of whom shall be the Registrar and the Treasurer of the Diocese.

Section 3.  The duties of said Committee shall be as follows:

(1) To be informed of, and to inform the clergy and laity of the Diocese of, the Pension system created by General Convention and committed by it to the Trustees of the Church Pension Fund, in order that the ordained clergy of the Church may be assured of pension protection for themselves in the event of old age or total and permanent disability, and for their widows and minor orphan children in the event of death.

(2) To receive reports from the Church Pension Fund, from time to time, on the status of the pension assessments payable to said Fund, under its Rules and as required by Canon Law, by the Diocese and by the Parishes, Missions, and other ecclesiastical organizations within the Diocese.

(3) To make a report to the Annual Convention on such matters relating to the Church Pension Fund as may be in interest to the said Convention, including a record of unpaid premiums on any clergy of the Diocese.

(4) To cooperate with the Church Pension Fund in doing all things necessary or advisable in the premises to the end that the clergy of the Diocese may be assured of the fullest pension protection by said Fund under its established Rules.

Section 4.  It shall be the duty of the Diocese through its Missionary Society and of the Parishes, Missions, and other ecclesiastical organizations therein, each through its treasurer or other proper official, to inform the Church Pension Fund of salaries and other compensation paid to members of the clergy by said Diocese, Parishes, Missions, and other ecclesiastical organizations for services rendered, currently or in the past, prior to their becoming beneficiaries of said Fund, and changes in such salaries and other compensation as they occur; and to pay promptly to the Church Pension Fund the person assessments required thereon under the Canon of the General Convention and in accordance with the Rules of said Fund.

Section 5.  It shall be the duty of every member of the clergy canonically resident in or serving in this Diocese to inform the Church Pension Fund promptly of such facts, as dates of birth, or ordination or reception, of marriages, births of children, deaths, and changes in cures or salaries, as may be necessary for its proper administration, and to cooperate with said Fund in such other ways as may be necessary in order that said Fund may discharge its obligations in accordance with the intention of the General Convention in respect thereto.

CANON 17
Reserved

CANON 18
Of Business Methods in Church Affairs

Section 1.  In every Parish, Mission and Institution connected with this Diocese, the following standard business methods shall be observed:

(1) Trust and permanent funds and all securities of whatsoever kind shall be deposited with a Federal or State Bank, or a Diocesan Corporation, or some other agency approved in writing by the Finance Committee of the Diocesan Council, under an appropriate depository agreement, providing for at least two signatures on any order of withdrawal of such funds or securities.  But this paragraph shall not apply to funds and securities refused by the depositories named as being too small for acceptance.  Such small funds and securities shall be under the care of the persons or corporations properly responsible for them.

(2) Records shall be made and kept of all trust and permanent funds showing at least the following:

(a) Source and date.

(b) Terms governing the use of principal and income.

(c) To whom and how often reports of condition are to be made.

(d) How the funds are invested.

(3) Treasurers and custodians, other than banking institutions, shall be adequately bonded; except treasurers of funds that do not exceed five hundred dollars at any one time during the fiscal year. Congregations who are not covered by the diocesan group coverage shall provide insurance certificates to the diocesan office showing the Diocese of Maine named as an additional insured.

(4) Books of account shall be so kept as to provide the basis for satisfactory accounting.

(5) All accounts of the Diocese shall be audited annually, by an independent Certified Public Accountant.  All account of Parishes, Missions or other institutions shall be audited annually by an independent Certified Public Accountant, or independent Licensed Public Accountant, or such audit committee as shall be authorized by the Finance Committee or other appropriate diocesan authority. This includes discretionary funds (subject to confidentiality being maintained), memorial funds, and the funds of any guild or congregational entity.

All reports of such audits, including any memorandum issued by the auditors or audit committee regarding internal controls or other accounting matters, together with a summary of action taken or proposed to be taken to correct deficiencies or implement recommendations contained in any such memorandum shall be filed with the Bishop or Ecclesiastical Authority not later than 30 days following the date of such report, and in no event, no later than September 1 of each year, covering the financial reports of the previous calendar year. No parish may elect a new rector, nor will a Vicar or Priest-In-Charge be appointed until these reports have been filed.

(6) All church property and liability coverage, including Directors and Officers, Umbrella, Worker’s Compensation, Auto Non-Ownership, automobile, bonding and related coverages shall be covered under the diocesan group plan effective January 1, 2002.  Those congregations not included in the diocesan group coverage through December 31, 2001 shall provide insurance certificates to the diocesan office showing the Diocese of Maine as an additional insured.

(7) Copies of all accounts described in this Section shall be filed with the Finance Committee of the Diocesan Council, which shall report annually to the Convention of the Diocese upon its administration of this Canon.

(8) The fiscal year shall begin January 1.

Section 2.  No Vestry, Trustee, or other Body, authorized by Civil or Canon law to hold, manage, or administer real property for any Parish, Mission or Institution, shall encumber or alienate the same or any part thereof without the written consent of the Bishop and Standing Committee of the Diocese of which the Parish, Mission or Institution is a part.

Section 3.  All real and personal property held by or for the benefit of any parish, mission or institution is held in trust for the Episcopal Church and this Diocese.   The existence of this Trust, however, shall in no way limit the power and authority of the Parish, Mission or Institution otherwise existing over such property so long as the particular Parish, Mission or Institution remains a part of the Diocese of Maine and subject to the Constitution and Canons of the Diocese of Maine and of the Episcopal Church.

PART V - PARISHES AND MISSIONS

CANON 19

CANON 20
Of the Episcopate Fund

Each Parish and Organized Mission shall pay annually to the Episcopate Fund a sum amounting to the aggregate to seventy-five (75) cents for each communicant reported under Canon "Of Communicants".

CANON 21
Of the Election of the Vestry

Section 1.  No one shall be elected a Warden or a member of the Vestry who is not a confirmed lay person, a communicant in good standing, and a stated contributor to, and worshipper in, the parish for which he or she is elected.  No one shall be elected a Warden who is not of full legal age, or a member of the Vestry who is not at least 15 years of age.  Wardens and members of the Vestry shall meet the eligibility standards of the laws of Maine.  In every Parish, a majority of the members of the Vestry shall be persons of full legal age.

Section 2.  Any Parish may by special vote provide that the members of the Vestry chosen at any specified time shall be divided into classes, holding office for 1, 2, and 3 years respectively, and that thereafter the election of a member to the Vestry (except to fill vacancies) shall be for 3 years; and any such Parish may also by special vote provide that no member of the Vestry shall be re-elected at the end of a full 3 years of office, but only after an interval of at least 1 year.

CANON 22
Of Clerical and Lay Employee Compensation

Section 2.  Each Presbyter in full time service shall receive the following compensation:

1. A salary of not less than the amount to be prescribed by a majority vote of the annual convention.

2. An allowance for housing and utilities of not less than the amount to be prescribed by a majority vote of the convention.  In lieu of a housing and utility allowance, proper and suitable living quarters and all utilities shall be provided.

3. Health, dental and life insurance package and Section 125 Cafeteria Plan as approved by Diocesan Council or its designee with congregations responsible for at least 90% of the health and dental premiums and 100% of the life insurance premiums.

4. A minimum annual vacation of 30 calendar days.

5. Participation in the Church Pension Fund.

6. A cash payment equal to one-half the amount of the presbyter's self-employment tax.

Section 4.  Each Parish and Mission in union with the convention shall provide the following expenses relative to the services provided by the Presbyter.

1. A travel expense reimbursement on a rate of mileage for church purposes or a minimum amount of not less than the rate or amount to be prescribed by a majority vote of the convention shall be provided.

2. Each Presbyter canonically resident in the Diocese shall, following each five year period of service, be eligible for a leave of absence for four months for spiritual and intellectual refreshment and shall be entitled to full compensation during such period of leave, provided however, that no Presbyter shall be eligible for such leave of absence unless he or she has served in the position from which he or she would take leave for at least three years.  This leave may not be used at the time of termination of employment or retirement, nor may it be accrued. If questions shall arise concerning the proper interpretation of this section, the parties shall consult with the Bishop and the decision of the Bishop shall be final and binding on all concerned parties.

Section 5. 

Section 6.  The union of the Parish with the Convention and the right of representation may be forfeited by vote of the convention on proof of the failure of said Parish to comply with the provisions of Section 5 of this Canon for two successive years.

Section 7.  As used in this Canon, the words vote of this convention shall mean a vote by a majority of both orders.

CANON 23
Of Assisted Congregations

When any congregation fails to pay in full its fair share assessment in any calendar year, it shall, until its past year and presently due assessment payments are current, be considered an assisted congregation and shall be subject, to such degree as the Bishop shall determine, to the same diocesan supervision as a Mission. As a minimum, the congregation shall submit, along with its Parochial Report for that calendar year, its Stewardship report, Ministry Review and projected budget for the following year in the same manner as required for congregations receiving direct financial assistance.

CANON 24
Of Parishes Without a Rector

Whenever a Parish is without a Rector, the Wardens shall promptly notify the Ecclesiastical Authority.

PART VI - DISCIPLINE

CANON 25
Of the Presentment and Trial of Priest or Deacon

Section 1. Mode of Proceeding.

Whenever a Priest or Deacon of the Diocese is under imputation of misconduct that would render him or her liable to Presentment and Trial, the mode of proceeding shall be as set forth in Title IV of the Canons of General Convention ("C.G.C.") and in this Canon.

Section 2. All Deliberate Speed.

It is the policy of this Diocese that matters of ecclesiastical discipline should proceed with all deliberate speed, for the benefit of both the Respondent and the Complainant(s) or alleged Victim(s), for the welfare of any parish or institution affected by the pendency of a Charge, and for the good order and welfare of the Church. Insofar as possible, participants shall take whatever action is required of them in less than the canonical permissible time limits. Applications for adjournments or postponements beyond canonical time limits are disfavored and shall be granted only for good cause.

Section 3. Notice to a Respondent of a Diocesan Review Committee Investigation.

If the Bishop, having received a complaint or accusation that a Priest or Deacon has committed an offense, determines pursuant to C.G.C. Canon IV.3.5 that there is sufficient reason to refer the matter to the Diocesan Review Committee for investigation, or if the Bishop is notified that a Charge against a Priest or Deacon has been filed with the Diocesan Review Committee, then the Bishop, acting as chief pastor and canonical overseer of clergy in this Diocese, shall meet with the Priest or Deacon (hereinafter "the Respondent"), explain to him/her the procedures that will be followed in handling the matter, and take such other canonically permissible steps as the Bishop deems necessary for the spiritual welfare of the Respondent and the good order and discipline of the Church. The Bishop shall not, however, hear the confession of the Respondent or enter into any a Priest-Penitent confidential relationship with the Respondent.

Section 4. Presentment.

(1) The manner of investigating a charge and determining whether or not a Presentment shall issue shall be as set forth in C.G.C. Canon IV.3 and in this Canon.

(2) As soon as possible after the filing of a Charge by a Complainant or referral of a complaint or accusation by the Bishop, and in any event within thirty (30) days thereafter, the Diocesan Review Committee shall convene, at a regular meeting or a meeting called specially for the purpose, to Consider the Charge pursuant to C.G.C. Canon IV.3.11. When Considering the Charge, the Diocesan Review Committee shall determine whether the facts alleged in the Charge, if proved at Trial, would make out a presentable Offense against the Respondent. The Diocesan Review Committee shall not conduct any investigation into the facts at this stage of the proceedings, but must assume that the facts alleged in the Charge are true. The Chancellor may assist the Diocesan Review Committee in resolving any question of law that arises in connection with its consideration of the Charge.

(3) If, after Considering the Charge, the Diocesan Review  Committee determines that a presentable Offense may have been committed, the Diocesan Review Committee shall ask the Church Attorney, in a written statement conforming to C.G.C. Canon IV.3.11, to investigate the facts underlying the Charge and to submit a confidential report to the Diocesan Review Committee recommending (i) whether to issue a Presentment against the Respondent, and, if so, (ii) what the canonical charge(s) shall be. The Diocesan Review Committee's written statement shall be transmitted to the Church Attorney expeditiously, and in no event later than ten (10) days after the  Diocesan Review Committee determines to refer the matter for investigation.

(4) The Church Attorney shall conduct the necessary investigation and make his/her recommendation to the Standing Committee expeditiously. If possible, the Church Attorney shall report to the Standing Committee within thirty (30) days after receipt of the written Statement of the Standing Committee; absent exceptional circumstances, the Church Attorney's Report must be sent to the Standing Committee within sixty (60) days of his/her receipt of the written statement, as provided by C.G.C. Canon IV.3.13.

(5) As soon as possible after the Church Attorney's Report is received by the President of the Diocesan Review Committee, and in no event more than thirty (30) days after the President's receipt of the Report, the Diocesan Review Committee shall meet to consider the Church Attorney's report and to decide whether or not a Presentment shall issue. The Diocesan Review Committee may set the rules and procedures it will follow in making its decision.

(6) Any Presentment voted by the Diocesan Review Committee in accordance with C.G.C. Canon IV.3.15 shall be reduced to writing in accordance with C.G.C. Canon IV.3.16 and served and filed in accordance with C.G.C. Canon IV.3.17 within ten (10) days after the Diocesan Review Committee's vote. Any determination not to issue a Presentment shall also be reduced to writing and served and filed in accordance with C.G.C. Canon IV.3.18 within ten (10) days after the Diocesan Review  Committee's vote.

Section 5. Ecclesiastical Trial Court.

(1) There shall be in this Diocese an Ecclesiastical Trial Court (" the Court") to conduct the Trial upon Presentment of any Priest or Deacon subject to its jurisdiction.

(2) The Court shall consist of three members of the clergy and two lay persons. The members of the Court shall be elected by the Diocesan Convention for three year terms, all members being elected in the same year. If the term of any member is scheduled to expire during a Trial, the member shall continue to serve until the completion of the Trial and the rendering of a Verdict thereon.

(3) Each year the Court shall elect from its members a Presiding Judge, who may be a Member of the Clergy or a lay person. The election shall be held within two months after Diocesan Convention.

(4) In any particular case, any member of the Court may be challenged for cause, either by the Church Attorney or by the Respondent. The members of the Court who are not challenged for cause shall determine the relevance and validity of such challenges, and their determination shall be final and non-appealable.

(5) Any Presentment filed with a particular Court by the  Diocesan Review Committee shall be tried by that Court, even if a new Court is elected by Diocesan Convention before the matter has been concluded.

(6) If a vacancy occurs in the Court, either as provided in the Canons of General Convention or because a challenge to a member of the Court is sustained, the Standing Committee shall name a person to fill the vacancy until the next Diocesan Convention, when an election shall be held to fill the unexpired term. The person chosen to fill the vacancy shall be selected from a list of candidates otherwise qualified for election to the Court prepared by the Bishop. Vacancies shall be filled from persons of the same order as the person whose absence created the vacancy.

Section 6. Church Attorney.

(1) The Diocesan Review Committee shall appoint, from a list of persons recommended by the Court, one or more Church Attorneys to act as the Diocesan Review Committee's representatives in the investigation and prosecution of Charges. A Church Attorney shall be a confirmed communicant in good standing, a member of a parish in communion with the Diocese, and a member of the Bar of the State of Maine.

(2) The Church Attorney may be compensated for his or her services or may donate them to the Diocese pro bono publico. If the Church Attorney is compensated, it shall be at a rate set in a written retainer agreement between the Church Attorney and the Diocese, not to exceed the customary prevailing rate for legal services of comparable attorneys in the Diocese of Maine. Whether or not the Church Attorney is compensated, the Diocese shall be responsible for reimbursing the reasonable and necessary disbursements and expenses incurred by the Church Attorney in carrying out the duties of Church Attorney.

(3) If no Church Attorney appointed pursuant to Sec. 6(1) of this Canon is able to serve in connection with a particular matter, the  Diocesan Review Committee, in consultation with the Court, shall appoint a temporary Church Attorney to serve on that matter.

Section 7. Trial.

(1) The Court shall adjudicate the case as provided in C.G.C. Canon IV.4 and in this Canon.

(2) No later than twenty days after service of the Presentment on the Respondent as provided in C.G.C. Canon IV.3.17, the Presiding Judge of the Court shall cause a Citation giving notice of the trial to be served on the Church Attorney and on the Respondent in the manner provided in C.G.C. Canon IV.14.17. The Citation shall notice the trial for a date not less than 60 nor more than 75 days from the date the Citation is served on the Respondent. If the Respondent has left the United States or other country or territory of Canonical Residence, and cannot be otherwise served, then the Court shall arrange to publish the Citation in three issues of a newspaper printed in the jurisdiction in which the Respondent is cited to appear; in such case, the Citation shall notice the trial for a date not less than three months from the last publication of the Citation.

(3) If the Respondent admits any charge when asked to plead pursuant to C.G.C. Canon IV.4.16, the admission shall be deemed a Waiver and Voluntary Submission to Discipline under C.G.C. Canon IV.2. In such a case, the Court shall conduct no further proceedings with respect to any charge so admitted, and the Bishop may immediately adjudge and pronounce sentence on the Respondent pursuant to C.G.C. Canon IV.12.3., with respect to the charges so admitted.

(4) If the Respondent fails without excuse to appear before the Court on the day appointed for trial, the Court shall enter a plea of not guilty to each Charge in the presentment and proceed to hear the evidence as if the Respondent were present.

(5) The Court shall hear evidence within the shortest possible time frame, and from day to day if possible.

(6) The Court shall have the power to establish rules and procedures for the conduct of cases in matters not covered by the applicable Federal Rules of Civil Procedure or the C.G.C.

(7) All members of the Court shall be present when testimony is heard.

(8) The members of the Court may examine the witnesses.

(9) Upon application of any party to the Presiding Judge, and it appearing that any material witness (i) cannot be produced at the trial, or (ii) cannot testify on the day produced because of the absence of one or more members of the Court, the Presiding Judge may authorize the taking of testimony of such witness by oral examination on oath before a Court Reporter and the submission of a transcript of said testimony to the Court. The party who asks permission to take testimony on oral examination shall give the adverse party at least five days' written notice of the time and place of taking the testimony, except that if a witness is present at the Court's meeting place on a scheduled trial date but the Court may not hear the testimony because of the absence of one or more members, the testimony on oral examination may be taken immediately, but no member of the Court may be present for the examination. Both parties may attend and examine the witness. The witness' answers shall be given under oath, and the questions and answers reduced to writing by the Court Reporter. The Federal Rules of Evidence shall apply to the examination, except that all objections of any nature shall be made at the time the testimony is taken and shall be noted in the transcript; any objection not asserted at the time the testimony is taken shall be deemed waived. The transcript of questions and answers, signed by the witness in the presence of a notary public or other official authorized to administer oaths, shall be transmitted to the parties and to the Presiding Judge of the Court by the Court Reporter. The Court shall rule on all objections when the transcript is presented for its consideration.

Section 8. Sentence.

(1) The Court shall adjudge sentence pursuant to C.G.C. Canon IV.5.23-26. Notwithstanding anything in Canon IV.5.23, the period for adjudging sentence shall be extended until Respondent has been professionally assessed for fitness to continue in ministry in any case where such assessment is required by the Bishop prior to sentencing. The report of any such assessment shall be made available to the Court prior to the vote on the sentence.

(2) Prior to adjudging sentence, the Court shall receive and consider statements from the Victim(s) and/or Complainant(s), and also from any parish or institution affected by a Conviction, if any are offered.

(3) The Bishop shall pronounce sentence on the Respondent as provided in C.G.C. Canon IV.12. Nothing in this Canon or any Canon of the General Convention shall be deemed to prohibit the Bishop from issuing such pastoral direction to the Respondent as, in the Bishop's best judgment as canonical overseer and chief pastor of the Respondent, are necessary for the Respondent's spiritual welfare.

Section 9. Service of Papers.

Service of a written notice or other paper provided for by this Canon, other than the Citation giving notice of the time and place of trial, shall be made by any means authorized by the Federal Rules of Civil Procedure for the Service of Papers other than a summons and complaint.

Section 10. Definitions.

In addition to the definitions set forth in C.G.C. Title IV, Canon 15, the following definitions shall apply to this canon:

"Consider the Charge" shall have the meaning ascribed to it in Section 4(b) of this Canon 25.

"Imputation of Misconduct" shall mean that an allegation that an Offense has been committed by a Member of the Clergy has been made in a form other than by a written Charge lodged with the Diocesan Review Committee.

"Sufficient Reason" shall mean that there exists a credible basis for believing that a Charge or Imputation of Misconduct against a Member of the Clergy may be true.

CANON 26
Of the Diocesan Review Committee

Section 1. Establishment

There shall be in this Diocese a Diocesan Review Committee (the "DRC") to act for the Diocese in disciplinary proceedings under Title IV of the Canons of the General Convention and Canon 25 of these Canons.

Section 2. Members

The DRC shall consist of three Priests or Deacons and two lay persons. The Diocesan Convention of 2001 shall elect one Priest or Deacon to a three year term, one Priest or Deacon to a two year term, one Priest or Deacon to a one year term, one lay person to a 3 year term, and one lay person to a two year term. Thereafter, the members of the DRC shall be elected by the Diocesan Convention for three year terms.

Section 3. President

Each year the DRC shall elect from its members a President who may be a Member of the Clergy or a lay person. The election shall be held within two months after Diocesan Convention.

Section 4. Challenges

In any particular case, any member of the DRC may be challenged for cause, either by the Church Attorney or by the Respondent. The members of the DRC who are not challenged for cause shall determine the relevance and validity of such challenges, and their determination shall be final and non-appealable.

Section 5. Vacancies

If a vacancy occurs in the DRC, the Standing Committee shall name a person to fill the vacancy until the next Diocesan Convention, when an election shall be held to fill the unexpired term. The person chosen to fill the vacancy shall be selected from a list of candidates otherwise qualified for election to the DRC prepared by the Bishop. Vacancies shall be filled from persons of the same order as the person whose absence created the vacancy.

PART VII - THE CANONS

CANON 27
Of Amendments to the Canons

Section 1.  The Canons may be altered, or new Canons may be added at the Annual Convention by vote of a majority of each Order.

Section 2.  But no existing Canon shall be changed, and no new Canon shall be enacted, on the day on which the change or enactment may be proposed, unless such change or enactment shall have been referred to and reported upon by a committee of at least two Presbyters and two laymen.

Section 3.  The Secretary of the Diocese, with any member of the Committee on Canons selected by such Committee, shall at the close of each Annual Convention, certify the changes made in the Constitution and in the Canons, and the Secretary shall print the same in the Journal.

CANON 28
Of the Repeal of Former Canons

All former Canons of this Convention are hereby repealed.

RESOLUTIONS ADOPTED BY THE CONVENTION

Annual Financial Reports

Resolved; That the Bishop, the Trustees of Diocesan Funds, the Trustees of the Maine Episcopal Missionary Society, and all Trustees holding property for the benefit of Parishes and Missions be requested to report annually to the Convention a list of all the property held by them and that said reports be printed in the Journal (Journal, 1903, p. 12).

Diocesan Auditors

Resolved:  That a Board of Auditors, consisting of three persons, at least one of whom shall be skilled in account, shall be appointed by the Bishop at each Convention, to hold office until the next Convention, to whom all reports of Treasurers of Diocesan Funds shall be submitted at least one week before the meeting of Convention.

Resolved:  That the Bishop shall have power to fill any vacancy arising in such Board between session of Convention, in consequence of death, removal from the Diocese, or resignation (Journal, 1904, p. 17).

Printing of Constitution and Canons

Resolved:  That the Constitution and Canons of the Diocese be printed as a supplement to the Journal of 1910, and in the future, every fifth year (Journal, 1910, p. 26).

Commission on Church Architecture

Resolved:  That a Commission on Church Architecture be appointed by the Bishop, to have supervision of the plans and specification for the erection of buildings, with aid from the Diocese (Journal, 1912, p. 20)

Changes in Constitution or Canons

Resolved:  A copy of any proposed change in the Constitution and Canons must be submitted to the Diocesan Office at least one week before the Convention in which the proposed change is to be introduced so that copies of the text can be made for circulation at that Convention (Journal, 1947, p. 43).

SPECIAL LAWS OF MAINE

Note:  We are printing here a current summary of the Special Laws of Maine prepared from the statues passed from time to time by the State Legislature.  The year in which the act was passed, the year of any subsequent amendments and the number of the statute are recorded under each subject.

ORGANIZATION OF PARISHES

Private and Special Laws of 1869, Chapter 180 (as amended by P&SL 1897, cc. 374, 564; P&SL 1899, cc. 5; P&SL 1921, c. 22; P&SL 1941, c. 7; P&SL 1967, c. 90; P&SL 1969, c. 53; P&SL 1973, c. 32; P&SL 1977, c. 11; P&SL 1994, c. 70)

Section 1.  Any five or more persons professing attachment to the Protestant Episcopal Church, may execute and acknowledge before any Justice of the Peace an agreement in writing, whereby they shall agree to organize a parish to be maintained in accordance with the canons, doctrines, discipline and worship of the Protestant Episcopal Church.

Section 2.  The agreement must also contain the name or title by which the parish is known which must be as follows:  "The rector, wardens and vestry of **** Church in ****, but no parish may be organized in any town or city, bearing the same name with any other Protestant Episcopal Church already organized in that town or city; the town or city and county in which it is located; the number of members of the vestry not exceeding 11; and the time of the annual meeting, which must be at the time designated by the parish.

Section 3.  When said agreement is duly signed and acknowledged it shall be recorded in the registry of deeds of the County in which the church is located.

Section 4.  Any 2 or more persons who have signed the agreement, may call the first meeting of the parish, at such time and place as they may see fit, by publishing a notice for 5 days previously to the time fixed for that meeting, in some newspaper published in the town or city in which that church is located, and if no newspaper is published in that town or city, then the notice may be given by posting the notice in two public places in that city or town, and at such a meeting the affidavit of notice publishing or posting must be recorded in the minutes; at such a meeting, in addition to the signers of that agreement, any person of full age is entitled to vote, who shall sign a declaration, in writing to be kept in the book of minutes, whereby that person signifies the intention to be attached to the church and accepting the terms of the agreement.   At such a meeting 2 wardens and the required number of members of the vestry may be elected, or at any adjournment of such a meeting.

Section 5.  At all subsequent meetings, the right of voting is confined to the persons who became actually entitled to vote at the first meeting, and to such other persons who are at least 15 years of age as have, during the previous three months, been stated worshippers in the church and stated contributors to its support, and have signed the written declaration referred to in Section 4.  Any such person, male or female, is entitled to be elected a member of vestries, or a delegate to diocesan or general convention.  Any such person, male or female, is entitled to be elected warden, if that person is at least 20 years of age.

Section 6.  The elected wardens and members of the vestry, 2/3 of the wardens and members of the vestry concurring in the choice, may choose some fit person, duly qualified, to act as minister or rector of the church agreeably to the constitution of the Protestant Episcopal Church in the United States of America; their choice must be submitted to the parish for approval and if approved by a majority of those present, at any duly called parish meeting, the person so elected is the rector or minister of the parish.  Whenever a vacancy occurs in the office of minister or rector by death, removal or otherwise the wardens and members of the vestry may elect a successor in the mode provided.

Section 7.  The annual meeting must take place at such time as the parish designates. The election of the requisite number of wardens and members of the vestry must be held at the annual meeting. The wardens and members of the vestry elected at the annual meeting serve until the next annual meeting and until their successors are chosen.

A parish may, by special vote, provide that the members of the vestry chosen at a specified time must be divided into classes holding office for one, 2 and 3 years r respectively and that thereafter the term of a member of the vestry, except to fill vacancies, is for 3 years. A parish may also, by special vote, provide that a member of the vestry may not be reelected at the end of a full 3-year term of office until an interval of at least one year occurs.

Section 8.  The rector, wardens and vestry constitute a body corporate and politic, with all the rights and liabilities pertaining thereto, except as otherwise provided in this Act. If at any time the parish is without a minister or rector, the same rights and privileges are vested in the wardens and vestry.

Section 9.  The rector, wardens and members of the vestry, or a majority of them, may make rules, bylaws and ordinances and do everything needful and requisite for the good government and support of the parish. The rules, bylaws and ordinances may not be repugnant to the constitution and laws of this State or of the United States. A vacancy in the vestry may be filled by the members of the vestry at any meeting, and the person elected to fill such a vacancy serves for the remainder of the unexpired term.

Section 10.  All the temporal affairs of the parishes are managed by the rector, wardens and vestries of those parishes, and they have authority to alter, erect, repair, enlarge, and in case they determine it necessary to take down or remove and rebuild any church or other building belonging to the corporation.

Section 11.  It shall be lawful to such corporations to hold real estate to such an amount as shall be reasonably necessary for church, lecture or school rooms, for dwellings for the ministers thereof, for hospitals or charitable purposes, but it shall not be lawful for such corporations to hold or use any real estate for any other purposes.

Section 12.  Any parish of the Protestant Episcopal Church, organized under any other general law may reorganize, so as to become subject to the provisions of this Act, whenever the parish at any duly called parish meeting authorizes the wardens and members of the vestry to execute and acknowledge an agreement as provided in this Act, which agreement must in addition to the requisites mentioned in section 1, set forth that it is executed for the purpose of reorganizing the parish according to the provisions of this Act.  Such an agreement is deemed sufficient when so executed and acknowledged by a majority of such wardens and members of the vestry and recorded in the registry of deeds.

Section 13.  Upon the execution, acknowledgment and recording of an agreement, the parish, without further action, is deemed to all intents and purposes reorganized, and all rights of property and of contract is remain unimpaired, and the corporate identity of the parish continue unchanged.  The wardens and members of the vestry in office continue in those offices until the annual election next following the reorganization, and until a new board is chosen, and no other meeting or notice is necessary to complete the reorganization. When a new board is chosen, it must consist of the number of members of the vestry required by the articles of reorganization.

MAINE EPISCOPAL MISSIONARY SOCIETY

Private and Special Laws of 1835, Chapter 556 (amended by P&SL 1840, c. 31; P&SL 1875, c. 11).

The Maine Episcopal Missionary Society is a "body politic":   incorporated under the laws of the State with all the usual power and privileges of corporations, to receive and dispense funds "to the sole use and purpose of diffusing Christian Knowledge, in such manner as the said Corporation shall judge will best promote and answer the design of their incorporation".  The annual meeting of the Society is at the time and place of the "Annual Convention of the Protestant Episcopal Church in the Diocese of Maine."

TRUSTEES OF DIOCESAN FUNDS

Private and Special Laws of 1849, Chapter 229 (as amended by P&SL 1864, c. 311; P&SL 1880, c. 214; P&SL 1895, c. 106; P&SL 1897, c. 452; P&SL 1917, c. 163; P&SL 1967, c. 31; P&SL 1994, c. 70)

The Trustees of Diocesan Funds are a body incorporated under the laws of the State "to take and hold real and personal estate contributed for parochial endowments or other church purposes," including the support or salary of the Episcopate.  They "manage and dispose of the same in accordance with the terms of the several gifts, grants or endowments":  and "keep an account with each endowment or gift comprising the fund, and shall report their actions in managing the fund and the condition of the fund, to the convention of the diocese annually."

BISHOP AS CORPORATION SOLE

Private and Special Laws of 1893, Chapter 534.

Section 1.  The Bishop holding, under the Canons, laws and regulations governing the Protestant Episcopal Church in the United States of America, the office of Bishop, of said Church in the Diocese of Maine for any time being, and his successors in said office, are hereby declared to be a Corporation Sole.

Section 2.  Said Corporation has power and is authorized to take, hold, manage and convey real and personal estate for any purpose connected with the uses, purposes, usages, rites, worships, discipline and government of the Protestant Episcopal Church in said United States or in said Diocese, or of any parish, mission or society in communion or connection therewith.

Section 3.  In case of any alteration in the official designation of said Protestant Episcopal Church in the United States of America, whereby under any laws or regulations governing said Diocese, the official style of said Bishop shall also become changed, such change shall not affect the existence and succession of said corporation sole, but the same shall continue under the name and style conforming to such change.

Section 4.  All deeds of real estate heretofore given to the Bishop of the Protestant Episcopal Church in the Diocese of Maine, and his successors in said office, are hereby declared to be valid instruments, and to vest the title to the estate therein described in the said Bishop and his successors as a Corporation Sole as aforesaid; and all the effect and force intended by the parties to any such deed shall be given thereto, according to the purport and provisions thereof.

ARTICLE I

This Church, the Protestant Episcopal Church in the Diocese of Maine, as a constituent part of the Protestant Episcopal Church in the United States of America, accedes to the Constitution and Canons of that Church, and acknowledges its authority.

ARTICLE II

Section l.  There shall be a Convention of the Church in this Diocese on the Third Wednesday of May at the Cathedral Church, Portland, in each year, unless some other time or place be appointed by the previous Convention or by the Ecclesiastical Authority.

Section 2.  A Special Convention may be called by the Ecclesiastical Authority at any time, and shall be called when requested by the Standing Committee.

Section 3.  Fourteen days notice of every Special Convention, and of every change in the time and place of the Annual Convention, shall be given to all the Clergy, Parishes and Missions of the Diocese.

ARTICLE III

Section 1.  The Convention shall be composed of both clergy and laity.

Section 2.  The Bishop of the Diocese shall have a seat and vote in the Convention, and shall preside at all meetings.  The Bishop Coadjutor, if there be one, shall have a seat and vote, and, in the absence of the Bishop, shall preside.  The Suffragan Bishop, if there be one, shall have a seat and vote and, in the absence of the Bishop and the Bishop Coadjutor, shall preside.  In the case of a vacancy in the Episcopate, or of the absence of the Bishop, the Bishop Coadjutor and the Suffragan Bishop, the Convention shall elect a President pro tempore from among the Presbyters entitled to vote.

Section 3 (1) Every Presbyter and Deacon canonically resident in the Diocese shall be entitled to a seat and vote in the Convention, provided that said Presbyter or Deacon be regularly engaged in some Church or Parish in union with the Convention, or be regularly engaged in Missionary or other work in the Diocese under the appointment of the Ecclesiastical Authority or as an officer of some Missionary Society recognized by the General Convention, or as a Military Chaplain, or as a Chaplain in some recognized hospital or other welfare institution, or as a Chaplain or instructor in some school, college, or other seminary of learning, or with some opportunity for the exercise of the office of Presbyter or Deacon judged appropriate by the Ecclesiastical Authority.   Other Presbyters and Deacons canonically resident in the Diocese shall be admitted to seats with the right to take part in debate, but shall not have the right to vote; nor shall they be eligible for any office in the gift of the Convention.

Section 4.  Each Parish in union with the Convention, or the Vestry thereof, and each Organized Mission in union with the Convention, or the Bishop's Committee thereof, having not less than ten communicants in good standing, may, at any meeting duly convened for the purpose, elect Lay Delegates to represent them in the Convention as follows:

(1) Each having not less than ten or more than twenty-five communicants in good standing may elect one Delegate.

(2) Each having more than twenty-five and not over one hundred communicants in good standing may elect two Delegates.

(3) Each having over one hundred communicants in good standing may elect three Delegates, and one additional Delegate for each one hundred communicants in good standing above the first one hundred.  Any fraction over one-half of the stated number shall be counted as that number.

Section 5.  Lay Delegates shall be persons of at least 15 years of age, communicants in the Parish or Mission by which they are elected, regular supporters of its work, and shall meet the eligibility standards of the Laws of Maine.

Section 6.  (1) No delegate from a Parish or Mission shall be allowed to vote in the Convention unless the Parish or Mission which he or she represents shall have paid all assessments levied upon it pursuant to any Canon within the preceding calendar year.  Such delegate shall, however, be entitled to be seated and to participate in the deliberations of the Convention.

(2) No delegate shall be allowed to vote in the election of a Bishop unless the Parish or Mission he or she represents shall have paid all sums due to the Episcopate Fund within the preceding three calendar years prior to the year in which the election is to occur.

(3) No delegate shall be allowed to vote in the election of a Bishop unless the Parish or Mission he or she represents shall have been represented by at least one lay delegate in the three preceding annual Conventions.  This provision shall not apply in the event that such a Parish or Mission shall have been in union with the Convention for a lesser period.

(4) The Convention for good cause shown and by two-thirds majority vote, may excuse the delegates of any Parish or Mission from the requirements of subsection 3 of this section so long as the Parish or Mission shall have been represented by a lay delegate at at least one of the three preceding annual Conventions.

(5) Any Parish or Mission wishing to apply for the excuse provided in subsection 4 shall state its case in writing to the Credentials Committee of the Convention, which shall report its recommendation to the Convention on such requests.

Section 7.  The definition of the words "communicant in good standing", the manner of ascertaining the number of Delegates to which each Parish or Mission is entitled, and of conducting and certifying their election shall be established by Canon.

Section 8.  The evidence of the election of a Lay Delegate shall be a certificate signed by the Rector or Priest in Charge (if there be one), and a Warden or Clerk of the Vestry or Bishop's Committee, which certificate shall declare that the provisions of this Article have been complied with.

Section 9.  The Treasurer of the Diocese, the Treasurer of the Maine Episcopal Missionary Society, and the Chancellor of the Diocese shall be entitled to seats and votes in the Convention.

Section l0.  No Lay Delegate shall be entitled to a seat in any Convention other than that for which the Delegate was elected.

ARTICLE IV

Section l.  A quorum for the transaction of business shall consist of one-fourth of the Clergy entitled to seats and Lay Delegates from one-fourth of the Parishes and Missions; provided that a smaller number shall have power to adjourn from time to time.  In the election of a Bishop a majority of the Clergy and Lay Delegates entitled to vote in said election shall constitute a quorum.

Section 2.  The Clergy and Lay Delegates shall vote in one body; provided that, on demand of five members, they shall vote in two distinct orders; and when so voting the concurrence of the two orders shall be necessary to enact a measure.

ARTICLE V

Section l.  A Secretary of the Diocese and a Treasurer of the Diocese shall be elected at each Annual Convention.  Vacancies in the office of the Secretary or Treasurer shall be filled by appointment of the Ecclesiastical Authority.

Section 2.  There shall be a Standing Committee of the Diocese consisting of three ordained persons, Presbyters or Deacons, canonically resident in the Diocese, and three lay communicants of the Diocese.  At the Annual Convention of the Diocese, one Presbyter or Deacon canonically resident in the Diocese and one lay communicant of the Diocese shall be elected to the Standing Committee to serve for the period beginning on the date of the Annual Convention at which the election is held and ending at the adjournment of the third succeeding Annual Convention. 

Section 3.  No person who has been elected to and served on the Standing Committee for terms totalling six consecutive years shall thereafter be elected to the Standing Committee until the expiration of at least one year following the end of the sixth year of service.

Section 4.  The Standing Committee may fill vacancies in the membership occurring between Annual Conventions, provided, however, that a person so elected by the Standing Committee shall only serve by virtue of such election until the next Annual Convention and that at such Annual Convention the Convention shall elect a person to serve for the balance of the term in which the vacancy occurred.

ARTICLE VI

Section l.  In case of a vacancy in the Episcopate of the Diocese the Standing Committee shall call a Special Convention for the election of a Bishop to be held within two years after the occurrence of said vacancy.

Section 2.  The election of a Bishop shall be by concurrence of both orders voting separately by ballot.  A majority of each order shall be necessary to a choice.

Section 3.  The Clergy and Lay Delegates shall vote simultaneously and after said votes the choices of each order shall be communicated to the other.  If both orders have chosen the same person, that person shall be declared elected; but if they have chosen different persons they shall vote again in the order and manner described.

ARTICLE VII

Section l.  Parishes may be admitted into union with the Convention by a majority of the votes of the Convention, provided they shall furnish to the Convention:

(1) Evidence of the complete organization of the Parish under the laws of the State of Maine for the incorporation of the Parishes of the Protestant Episcopal Church.

(2) Vote of the Parish requesting such admission.

(3) Satisfactory evidence that said Parish, for at least two years immediately preceding said application, shall have been paying its Priest in Charge a minimum salary and such other amounts fixed by Canon, and paying in full its missionary apportionment and also satisfactory evidence that such Parish, for at least two years immediately preceding the date of its admission into union with the Convention, will have been self-supporting.

(4) A promise of obedience to the Doctrine, Discipline, and Worship of the Protestant Episcopal Church in the United States of America, and to the Constitution and Canons thereof and of the Diocese of Maine.

Section 2.  The union of a Parish with the Convention and the right of representation may be forfeited by vote of the Convention on proof of refusal or neglect for two successive years to comply with the Constitution and Canons of the Diocese, or when for a period of two years said Parish has received missionary aid from either the Diocesan or General Missionary Societies, or if it shall not, within one year, have received from an endowment, or from the members of the Parish, and expended in the maintenance of regular public worship, at least six hundred dollars.

ARTICLE VIII

Section 1.  The form of organization of a Mission shall be approved by the Bishop and Standing Committee before the Mission is admitted into union with the Convention, and all changes in the organization of a Mission shall be approved by the Bishop and Standing Committee before taking effect.  The first article of its Constitution shall state that the Mission accepts the Doctrine, Discipline, and Worship of the Protestant Episcopal Church in the United States of America, and promises obedience to the Constitution and Canons thereof and of the Diocese of Maine.

Section 2.  There shall be in each Mission a Bishop's Committee consisting of lay persons as follows:  one or two wardens, a clerk, a treasurer, and at least two other members, elected by the members of the Mission.  No one shall be an officer who is not a stated contributor and worshipper at its services.   No one shall be elected a warden who is not of full legal age.  No one shall be elected to any other office who is not at least fifteen years of age.  All officers shall be communicants in good standing.  The Committee shall consult with the Bishop about the welfare of the Mission.

Section 3.  A member of the clergy shall be appointed by the Bishop to act as the Bishop’s vicar in the Mission.  In the absence of the Bishop, the vicar shall preside at all meetings of the Bishop's Committee, have responsibility for the conduct of all services, and for the religious nurture and pastoral care of the members of the Mission.  The vicar shall make monthly reports to the Bishop.

Section 4.  All property of the Mission shall be held by the Trustees of Diocesan Funds.  The treasurer shall receive and expend the monies of the Mission as directed by the Bishop, or the Bishop's Committee acting in the Bishop’s stead; and shall meet such requirements of bonding and auditing and reports as are required by the action of the Convention.

Section 5.  The union of an Organized Mission with the Convention and the right of representation may be forfeited by vote of the Convention on the recommendation of the Bishop and the Standing Committee, for reasons which they deem sufficient and which they report to the Convention.

ARTICLE IX

This Constitution may be altered or amended at any Annual Convention if the proposition for such alteration or amendment, which must be in writing, shall have been approved by a vote of the Annual Convention next preceding.