Official Documents sent to all parishes regarding the proposed Charter Revision
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ARTICLE I
Preamble
The Holy Archdiocese of North and South
America, being by law a religious corporation under the name "Greek Orthodox
Arch diocese of North and South America," is a province within the territorial
jurisdiction of the most Holy Apostolic and Ecumenical Patriarchal Throne of
Constantinople which is the first-ranking see of the body of the one Holy
Catholic and Apostolic Eastern Church whose head is Christ. The Archdiocese is
governed by the holy canons, the present charter and the regulations promulgated
by it and as to canonical and ecclesiastical matters not provided therein, by
the decisions thereon of the Holy Synod of the Ecumenical
Patriarchate.
The Archdiocese of North and South America serves all of
the Orthodox living in the western hemisphere.
ARTICLE II
Purpose
The purpose of the Archdiocese is to
administer the life of the church in the Americas according to the Eastern
Orthodox faith and tradition, sanctifying the faithful through the divine
liturgy and the holy sacraments and edifying the religious and ethical life of
the faithful in accordance with the holy scriptures, the decrees and canons of
the holy apostles and the seven ecumenical councils of the Ancient Undivided
Church, as interpreted by the practice of the Great Church of Christ in
Constantinople. As to its ecumenical activities, both inter-christian and inter
religious, the Archdiocese shall follow the position and guidelines established
by the Ecumenical Patriarchate.
ARTICLE
III
Jurisdiction
The
Archdiocese of North and South America is by canonical and historical right
under the supreme spiritual, ecclesiastical and canonical jurisdiction of the
Ecumenical Patriarchate.
ARTICLE
IV
Organization
The
Archdiocese is comprised of dioceses, the number, diocesan sees and boundaries
of which are designated by the Archdiocesan Council subject to approval and
ratification by the Ecumenical Patriarchate. The Archdiocese shall be located in
New York City and at the outset shall be comprised of nine dioceses, seven in
the United States, one in Canada and one in South America.
The present
dioceses are as follows: Chicago, Boston, San Francisco, Charlotte, Pittsburgh,
Detroit, Denver, Toronto and Buenos Aires.
The Archdiocese of North and South
America also embraces within its spiritual aegis and administration other
Orthodox groups, parishes and dioceses that have voluntarily submitted to its
jurisdiction subject to the approval of the Ecumenical Patriarchate which
exercises canonically and historically ecclesiastical authority and jurisdiction
over the Orthodox in the diaspora.
ARTICLE
V
Administration of the
Archdiocese
The Archbishop presides over and administers the
Archdiocese, exercising the said highest ecclesiastical authority with the Synod
of Bishops and is responsible therefor to the Ecumenical
Patriarchate.
ARTICLE VI
The Synod of Bishops
The Archbishop and the
bishops constitute the Synod of Bishops of the Archdiocese of North and South
America. The Archbishop convenes and presides over the Synod of Bishops
according to the holy canons of the Eastern Orthodox Church at least twice
annually, before Easter and in the autumn and specially whenever the Archbishop
deems it necessary or the Ecumenical Patriarchate requests. The Archbishop
determines the place of such meetings.
The Synod of Bishops has all the
authority and responsibility which the holy canons prescribe to the provincial
synod, as modified herein by this charter. It is furthermore responsible to the
Ecumenical Patriarchate for the firm observance and preservation of the divine
doctrines and holy canons of the Eastern Orthodox Church.
ARTICLE VII
Rights
and Responsibilities of the Archbishop
The Archbishop, in his capacity
as Archbishop and Exarch of the Ecumenical Patriarchate, is charged as
follows:
1. To be responsible to the Ecumenical Patriarchate for the proper
and effective administration and activity of the Archdiocese of North and South
America.
2. To oversee and coordinate with the Synod of Bishops and the
Archdiocesan Council the preservation and promotion of the unity of the
Archdiocese and is responsible therefor to the Ecumenical Patriarchate.
3. To
exercise and perform all the rights and duties of an archbishop in accordance
with the holy canons.
4. To submit to the Ecumenical Patriarchate an annual
report as to the state of the Archdiocese.
5. To oversee the activities of
the bishops and assist and cooperate with them in the implementation of their
common programs through which the unity of the Archdiocese may be
preserved.
6. To consecrate and enthrone bishops in their sees.
7. To bear
with the Synod of Bishops the responsibility for the administration, maintenance
and growth of the Archdiocesan institutions.
8. To preside over Pan-Orthodox
committees and councils and to represent the Archdiocese and the Ecumenical
Patriarchate when so directed before ecclesiastical and civil authorities.
9.
To preside over the Archdiocesan Clergy-Laity Congress and the various boards
and commissions of the Archdiocese.
10. To cultivate and strengthen the bond
of unity between the Archdiocese and the Ecumenical Patriarchate.
ARTICLE VIII
Rights
and Responsibilities of the Bishops
After enthronement, each bishop in
his diocese has the rights and responsibilities of a bishop in accordance with
the holy canons and ancient practice of the church, as modified herein by this
charter. Among the rights and responsibilities of a bishop are to consecrate and
sanctify for worship churches and houses of prayer, administer his diocese in an
orderly and harmonious manner, convene and preside over the Spiritual Court of
First Instance in his diocese, issue permits for the performance of the
sacrament of marriage and decrees of divorce on marriages that are validly
dissolved, distribute to the priests the myron of holy chrism which is received
by the Archbishop from the Ecumenical Patriarchate, ordain deacons and priests
in his diocese, after they are approved by the Synod of Bishops to which each
candidacy is submitted and in the interim, between meetings of the Synod of
Bishops, with the approval of the Archbishop to whom the responsibility is
delegated.
ARTICLE IX
Order of Commemoration
During sacraments and
ceremonies, priests and deacons commemorate the Archbishop and their bishop, the
bishops commemorate the Archbishop, and the Archbishop commemorates the
Ecumenical Patriarch.
ARTICLE X
Spiritual Courts
A Spiritual Court of First
Instance functions within each diocese. It is comprised of clerical members
selected by the bishop, who presides over it and hears cases involving family
problems, divorce, as well as moral and disciplinary offenses of clerics and
laity.
The Spiritual Court of Appeals is comprised of the Archbishop, who
presides over it, the members of the Synod of Bishops and the Chancellor of the
Archdiocese as secretary. It is convened twice annually when the Synod of
Bishops meets and hears all appeals from decisions of the Spiritual Courts of
First Instance. The operating procedures of the spiritual courts will be
formulated by regulations hereinafter promulgated.
Matters involving bishops
will be judged and determined by the Synod of Bishops convening in such
instances as a spiritual court in accordance with the provisions
herein.
ARTICLE XI
Archdiocesan Clergy-Laity Congress
The
Archdiocesan Clergy-Laity Congress is convened biennially and presided over by
the Archbishop. It is concerned with all matters, other than doctrinal or
canonical, which affect the life of the church including its unity, uniform
administration, education and financial programs.
The decisions of the
Archdiocesan Clergy-Laity Congress are submitted to the Ecumenical Patriarchate
for approval and ratification. Following their approval, the decisions must be
faithfully adhered to by all parishes regardless of whether or not they were
represented at the Archdiocesan Clergy-Laity Congress at which they were
adopted.
ARTICLE XII
Diocesan Clergy-Laity Assembly
Each diocese shall
have a Diocesan Clergy-Laity Assembly convened annually, presided over by its
bishop and comprised of the priests and the presidents, or their
representatives, of the parishes of the diocese.
The Diocesan Clergy-Laity
Assembly is concerned with matters involving the better organization and
productivity of parish activities
in accordance with existing church
practices.
Regulations hereinafter promulgated shall set forth its manner of
operation.
ARTICLE XIII
Election of the Archbishop
The election of the
Archbishop is the exclusive privilege and right of the Holy Synod of the
Ecumenical Patriarchate. The Synod of Bishops and the Archdiocesan Council have
an advisory voice concerning the person of the Archbishop to be so elected. The
Archbishop must be a Greek Orthodox Christian, be a graduate of a recognized
Orthodox school of theology, have a fluent knowledge of English, be a cleric of
deep faith, have proven ability in administration, be fully aware of
ecclesiastical affairs in the United States and be totally committed to the
Ecumenical Patriarchate.
ARTICLE
XIV
Election of
Bishops
Bishops shall be chosen from the list of celibate candidates
for the episcopal office of the Archdiocese of North and South America. The
election thereof is the exclusive privilege and right of the Holy Synod of the
Ecumenical Patriarchate.
The Synod of Bishops in consultation with the
Archdiocesan Council shall nominate three candidates. The Holy Synod of the
Ecumenical Patriarchate will elect one of them.
Candidates must be graduates
of an Orthodox school of theology, must have a fluent knowledge of the English
language and the spoken language of the lands to which they will be assigned,
have had a period of service of more than five years in the Archdiocese of North
and South America and shall not be less than 35 nor more than 55 years of
age.
ARTICLE XV
Archdiocesan Council
The Archdiocesan Council
is comprised of the Archbishop as president, the bishops, and the clergy and
laity from each diocese selected in accordance with regulations hereinafter
promulgated. The Archdiocesan Council is convened by the Archbishop and meets as
often as necessary but at least semiannually. It is concerned with matters and
problems that affect the life and growth of the church and takes such decisions
thereon as are required.
In the event that legislation becomes necessary
between Archdiocesan Clergy-Laity Congresses, the Archdiocesan Council shall
exercise such interim legislative authority when so convened by the Archbishop
and advised as to the necessity therefor.
Regulations hereinafter promulgated
shall set forth its manner of operation.
ARTICLE XVI
Diocesan Council
The Diocesan Council is
comprised of the bishop as president and clergy and laity selected in accordance
with the regulations hereinafter promulgated.
It meets at least annually and
in special session as often as the bishop deems necessary. The Diocesan Council
is a consultative and advisory body to the bishop.
Regulations hereinafter
promulgated shall set forth its manner of operation.
ARTICLE XVII
Hierarchical Vacancies
In the event of a vacancy
in the office of the Archbishop, the bishop first in order of seniority of
consecration becomes temporary locum tenens until the Holy Synod of the
Ecumenical Patriarchate designates a locum tenens.
In the event a diocesan
see becomes vacant, the Archbishop designates the locum tenens who serves until
his successor has been elected.
ARTICLE
XVIII
Education
The
Archdiocese shall establish and administer such educational institutions as may
be necessary, including afternoon and day parish schools, schools such as the
present St. Basil's Academy and colleges and seminaries such as the present
Hellenic College and Holy Cross School of Theology.
The Archdiocese shall
publish educational, religious and spiritual materials to fulfill the needs of
the Orthodox faithful.
ARTICLE
XIX
Institutions
The existing
Archdiocesan institutions and any to be established in the future are the
concern and responsibility of the Archdiocese. The establishment of new
institutions requires the approval of the Synod of Bishops and the Archdiocesan
Council.
ARTICLE XX
Assignment and Transfer of Priests
The assignment
and transfer of priests and deacons within each diocese is the right of the
local bishop. As to transfers between dioceses, the Synod of Bishops shall have
the responsibility, except that between meetings of the Synod of Bishops, the
Archbishop shall have the right after consultation with the two bishops
involved.
ARTICLE XXI
Regulations
Regulations as required to implement
this charter and govern the Archdiocese shall be proposed by the Archbishop and
presented to the Archdiocesan Council which shall consider, adopt, and present
them to the next Archdiocesan Clergy-Laity Congress for approval The said
regulations, which must be in conformity with the charter herein, shall then be
presented to the Ecumenical Patriarchate for approval and
ratification.
ARTICLE XXII
Language of the Charter
The languages of this
charter and any regulations hereunder promulgated shall be Greek and English. In
the event of a need for interpretation, the English text shall be deemed the
official and legal text.
ARTICLE
XXIII
Implementation
This
charter was prepared by the Archdiocesan Council under its interim legislative
authority between Archdiocesan Clergy-Laity Congresses. It was submitted to the
Ecumenical Patriarchate which has studied, modified it, and granted it in its
present form to the Archdiocese. It becomes fully operative three months after
the granting thereof by the Ecumenical Patriarchate.
ARTICLE XXIV
Revision
The charter herein may be revised upon
the request of the Archdiocesan Clergy-Laity Congress as the need therefor
arises. Revisions thereto shall be submitted to the Ecumenical Patriarchate for
approval and ratification.