St. James Pastoral Council Bylaws Draft Final (1/09/06) Table of Contents
ARTICLE I
NAME AND PRICIPAL OFFICES
Page 1
Section 1 - Name
1
Principal Office
1 ARTICLE II
PURPOSE
1 ARTICLE III
PASTORAL COUNCIL MEMBERSHIP
1
Section 1 - Types of Membership
1
Section 2 - Council Eligibility
2 ARTICLE IV
ORGANIZATION OF THE PASTORAL COUNCIL
2
Section 1 - Number of Members
2
Section 2 - Executive Board
2
Section 3 - Council Ministry Representatives
2
Section 4 - Council Members &endash;at &endash;Large
3
Section 5 - Council Youth Representative
3
Section 6 - Diocesan Pastoral Council Representative
3
Section 7 - Permanent Committees
3
Section 8 - Executive Committees
3
Section 9 - Other Committees
3 ARTICLE V
MEETINGS
4
Section 1 - Meetings of the Council
4
Section 2 - Parish Meetings
4
Section 3 - Special Meetings
4
Section 4 - Notice of Meetings of Parish Council
4
Section 5 - Quorum of Meetings of Members
5
Section 6 - Decision Making by the Council
5
Section 7 - Motions and Resolutions
6
Section 8 - Open Meetings
6 ARTICLE VI
POWERS OF THE COUNCIL
6
Section 1 - General Authority of the Council
6
Section 2 - Financial Authority of the Council
7
Section 3 - Authority of Pastor to Veto Council Decisions
7
Section 4 - Council Policy File
7 ARTICLE VII
POWERS AND DUTIES OF EXECUTIVE COUNCIL
8
Section 1 - President
8
Section 2 - Vice-President
8
Section 3 - Secretary
8
Section 4 - Council Members-at-Large
9
Section 5 - Council Ministry Representatives
9
Section 6 - General Requirements
9 ARTICLE VIII
ELECTIONS OF COUNCIL MEMBERS
9
Section 1 - Council Members-at-Large
9
Section 2 - Executive Officers
9
Section 3 - Nominations for Officers and Members&endash;at-Large
9
Section 4 - Elections
10
Section 5 - Election of Officers
10
Section 6 - Term of Office
10
Section 7 - Vacancies
11
Section 8 - Incapacity of the President
11
Section 9 - Removal of Council Members
11 ARTICLE IX
AMENDMENTS
11
Section 1 - Presentation of Amendments to Council
11 ARTICLE X
PARLIMENTARY LAW
12 ARTICLE XI
COUNCIL RECORDS AND REPORTS
12 BY-LAWS
SAINT JAMES PASTORAL COUNCILARTICLE I - NAME AND PRINCIPAL OFFICE
Section 1 - Name
The name of the leadership council shall be the St. James Pastoral Council. The Pastoral Council represents St. James Church, one of the parishes comprising the Diocese of Santa Rosa. The term "Council" used in these by-laws shall mean this named Council.
Section 2 - Principal Office
The principle office of the St. James Pastoral Council for the transaction of its business is 125 Sonoma Mountain Road, Petaluma, California, 94954, in the County of Sonoma.
ARTICLE II - PURPOSE
St. James Parish is a family of believers guided by the Holy Spirit in the saving work of Jesus Christ. The St. James Pastoral Council is a representative body of the parish family whose purpose is to share with the Pastor the responsibility of the pastoral work of the parish. In the spirit of love, charity, and service to our Lord and to the St. James family, the Council will endeavor to help create our parish vision and work with all its members to implement it. In particular, the Council will: 1) be a forum to increase and facilitate communication and coordination among ministries and the parish as a whole; 2) identify and study concerns raised by the Pastor, Council, or parish members and provide recommendations to address them; and, 3) encourage greater participation of parishioners in parish life and ministries, thereby to help empower them to live the Gospel more fully in word and action within the broader community.
ARTICLE III - PASTORAL COUNCIL MEMBERSHIP
Section 1 - Types
There shall be five (5) classifications of Council membership:
(a) COUNCIL MEMBERS-AT-LARGE elected by the Parish
(b) COUNCIL MINISTRY REPRESENTATIVES selected by ministries
(c) COUNCIL YOUTH REPRESENTATIVE appointed by the Pastor
(d) DIOCESEN PASTORAL COUNCIL REPRESENTATIVE elected by Parish
(e) EX-OFFICIO MEMBER - Parish Pastor
Section 2 - Council Eligibility
All Council Members must be Catholics in good standing and have been parishioners of St. James Church for at least one year. In addition, all members-at-large and executive board members are requested, in good faith, to sign "A Letter of Agreement". Said document, found in the Policy File, spells out the commitment and some of the responsibilities required of members-at-large. Members shall not be a parent, child, or other immediate relative of any other council member. Exceptions to the requirements must be ratified by the Council.
ARTICLE IV - ORGANIZATION OF THE PASTORAL COUNCIL
Section 1 - Number of Members
The Council shall consist of a maximum of 20 members, which shall include four (4) members-at-large, up to twelve (12) ministry representatives, the finance committee representative, the diocesan pastoral council representative, the council youth representative and the Pastor.
Section 2 - Executive Board
The Executive Board shall consist of the Pastor, and the President, Vice-President, and Secretary elected by the Council members. In addition the Board shall include the Finance Committee Representative who shall serve as Treasurer. The Executive Board elected officers shall serve as officers of the Council.
Section 3 - Council Ministry Representatives
(a) Each of the Parish Ministries falls under one of the following five (5) Ministry Committees; Liturgy, Family Life, Religious Education, Fellowship, and Outreach.
(b) Each Parish Ministry shall select a representative to serve on their respective Ministry Committee
(c) Each of the five (5) Parish Ministry Committees will select Council Ministry Representatives to represent that Committee on the Council. The maximum number of Council representatives for each Ministry Committee is as follows; Liturgy &endash; three (3), Family Life - one (1); Religious Education &endash; three (3), Fellowship &endash; four (4), and Outreach (1).
(d) The number and identification of committees that represent parish ministries shall be established, abolished or revised by the Council, in co-ordination with the Pastor. A list of parish ministries shall be kept and maintained in the Council's Policy File.
(e) Only Ministry Committees that have notified the Secretary of their selected representatives will be allowed to be a voting member of the Council.
(f) The Parish Ministries and Parish Ministry Committees may follow any process they deem appropriate to select their representatives.
Section 4 - Council Members-at-Large
The Council shall include four (4) members-at-large elected by the Parishioners.
Section 5 - Council Youth Representative
The Pastor, in consultation with the Executive Board, may appoint a young member of the parish under 21 years old to represent the youth of the parish.
Section 6 - Diocesan Pastoral Council Representative.
The Council shall include a Diocesan Pastoral Council Representative elected by the Parish.
Section 7 - Permanent Committees
(a) There shall be a Nominating Committee, which shall consist of at least five (5) Council members, three of whom must be members of the Council. Candidates for Council members-at-large shall not serve on this Committee. The Vice-President shall serve as Committee Chair. The Parish Pastor shall be a member of the Committee. The President shall appoint one member. The Council shall appoint the remaining two positions.
(b) There shall be an Election Committee, which shall consist of at least four parishioners, two of whom shall be Council members. Said Election Committee shall be chosen by the President and approved by the Executive Board. Candidates for member-at-large positions shall not serve on this committee. The Election Committee shall conduct all elections specified under Article XIII herein.
Section 8 - Executive Committees
The Council may establish one or more executive committees consisting of the President and at least two or more of its members on each committee.
Section 9 - Other Committees
The President may appoint, from the Pastoral Council or Parish, Chairs for such other Committees as necessary. Each Chair shall select the remainder of their Committee from the membership of the Parish. Chairs are not members of the voting Council. These Committees shall serve at the pleasure of the President.
ARTICLE V - MEETINGS
Section 1 - Meetings of the Council
(a) The Council shall have monthly meetings, unless as otherwise decided by the Council. It is recommended that the Council not meet during the months of August and December.
Section 2 - Parish Meetings
(a) The Council shall hold periodic (2-3 per year) meetings with the parish as a whole, which may coincide with monthly meetings, to report its activities to the parish membership and listen to any concerns or ideas parishioners feel need to be addressed, in addition to conducting any necessary business.
(b) At the September meeting the Council shall elect the incoming President, Vice-President and Secretary. The last order of business shall be the installation of those officers and the remaining members of the incoming Pastoral Council.
Section 3 - Special Meetings
(a) Special meetings of the Council for any purpose or purposes, may be called by the President, Pastor, or by a petition of five (5) or more Council members, or thirty (30) parishioners, and presented to the President either by mailing said petition to the principal office or hand delivering to the President. When a special meeting has been called for by petition it must be completed within thirty (30) days of receipt of the completed petition.
(b) Special meetings shall be limited to the purpose or purposes for which called and no other business shall be conducted.
(c) The business of special meetings shall be transacted by members either at meetings or by ballot by U.S. Mail. The Executive Council shall designate the type of meeting and conduct the meeting in conformance with these Bylaws.
Section 4 - Notice of Meetings of Parish Council
(a) Notice of Council meetings shall be given to all Council Members and to the parish as a whole. Monthly meetings, or meetings with the whole parish, shall be noticed at least thirty (30) days, before each meeting. Notice for special meetings shall be at least ten (10) days before such meetings. Notification shall include publication in the St. James Parish Bulletin and website, posting on the Church bulletin board, and may also include either personal delivery, mail, e-mail, fax or telephone call to each member of the Council.
(b) Notice of any meeting of the Council shall specify the place, the day, and the hour of meeting, and the nature of the business to be transacted. Meeting agendas should be posted at least 7 days prior to Council meetings.
Section 5 - Quorum of Meetings of Members
(a) At monthly meetings or special meetings a majority of the Council shall constitute a quorum for the transaction of business.
(b) When the business of a special meeting is conducted by U.S. Mail, a quorum shall be provided if a majority of the Council Members return valid ballots.
Section 6 - Decision Making by the Council
(a) The Council shall utilize the Consensus Model to reach decisions following the guidelines outlined in the Pastoral Council Policy File. Where consensus cannot be reached, the Council will reach decisions by majority vote, following parliamentary guidelines per Article IX.
(b) Only persons whose names are registered with the Secretary on the day of any meeting of the members or day of mailing of ballots shall be entitled to vote or act on any business to be transacted.
(c) No member of the Council may vote or act by proxy with the following exception:
1) Council Ministry Representatives may provide a substitute representative in the absence of their named representative, provided such change is given to the Secretary by verbal or written notification prior to the meeting or mailed ballots.
(d) The action of a majority of the members of the Council present at any meeting at which there is a quorum, when duly assembled, or by a majority of those returning ballots when business is conducted by secret ballot, shall be regarded as the act of the Council and is valid, except by consensus or by regarding Article XI - Amendments to the Bylaws, which requires a majority consensus or two-thirds (2/3) vote of those present or returning valid ballots.
(e) Actions taken at a meeting, which have been certified by the Secretary that a quorum was present, become effective within thirty (30) days unless vetoed by the Pastor under Article VI, Section 3, unless otherwise specified.
(f) Consensus agreement and or voting shall be either in person, by written ballot, by voice vote, by show of hand or by telephone conference call.
Section 7 - Motions and Resolutions
All motions and resolutions introduced at Board meetings shall only be made by members of the Council. Motions and resolutions to be considered at meetings should be furnished to Council members prior to the meeting if at all possible. Additionally, non-voting Committee Chairs appointed by the President as provided in Article IV, Section 9, may introduce motions and resolutions regarding the subject work of their respective committee.
Section 8 - Open Meetings
(a) All meetings of the Council shall be open to all members of the Parish unless the Council votes to go into executive session. Executive sessions may only be called for the purpose of discussing, deliberating or voting on matters that cannot be made public, or matters that, if made public, might adversely affect the Parish, its financial interest, or the reputation of any person.
(b) Only Council members shall have the right to speak and vote at meetings except for the portion of the meeting set aside for open forum, or persons approved prior to the meeting by the Executive Board, or at the discretion of the President.
(c) The Council shall have the obligation of making reasonable rules and regulations to enable parishioners to speak before the council on agenda items or any issue or concern they feel warrants the Council's attention.
ARTICLE VI - POWERS OF THE COUNCIL
Section 1 - General Authority of the Council
(a) All corporate powers shall be exercised by, or under the authority of the Council. The Council shall control the business and affairs of the Council. The Council may annually delegate portions of its authority to the President and/or Executive Committee, and may revoke same at any time.
(b) The Council shall have the power to make Council Bylaws, rules, and policies, and enforce them on any member, and to arbitrate any internal controversy, difference, or problem that may arise.
(c) The Council may cooperate with, make contact with, or engage in joint action with other persons or organizations to achieve the Council's objectives.
(d) No member of the Council or any Council Committee shall receive any compensation from the Council except for expenses incurred by the Council on Council business unless prior approval has been granted by the Council as stated in this section.
Section 2 - Financial Authority of the Council
(a) The Council has no authority over Parish expenditures of funds, such authority resting with the Parish Financial Committee, which shall be responsible for maintaining the financial viability of the Parish by means of budgeting, fundraising and careful management of the material assets of the Parish. The Finance Committee's Council Representative shall provide quarterly updates to the Council on its activities. The Council shall have full control of the funds, if any, authorized by the Parish Financial Committee for Council activities.
(b) Council funds or assets shall be expended only for carrying out the objectives of the Council as defined by the Bylaws and the Council Policy File.
(c) The Council, except as otherwise provided in these Bylaws, may authorize an officer(s) or agent(s) to enter into any contract or execute any instrument in the name of or in behalf of the Council, and such authority may be general or confined by specific instances. Unless authorized by the Council, no officer, agent, or member shall have any power or authority to bind the Council by any contract or engagement or to pledge its credit or to render it liable for any purpose or to any amount.
(d) The Council shall adopt a budget for any monies it receives.
Section 3 - Authority of Pastor to Veto Council Decisions
The Council will consult with the Pastor on any major or official actions it is considering. The Pastor may veto such actions. However, the Council will seek to identify alternative recommendations and/or solutions, as needed, and consult further with the Pastor to reach agreement.
Section 4 - Council Policy File
(a) The policies established by the Council shall be contained in a file to be known as the St. James Parish Council Policy File. The file shall include Council policy on current important issues, goals, objectives, and other material deemed appropriate by the Council.
(b) Changes to the Council Policy File shall be by consensus or by majority vote, of the Council, except where specified in these Bylaws.
(c) The Council Policy File shall be kept current and shall be amended and or ratified once a year by the Council.
ARTICLE VII - POWERS AND DUTIES OF EXECUTIVE COUNCIL
Section 1 - President
(a) The President shall be the Chief Executive Officer of the Council. The President shall exercise direct supervision and direction of the business and affairs of the Council.
(b) The President shall coordinate closely with the Pastor and keep the Pastor informed on activities and plans of the Council.
(c) The President shall appoint Committee Chairs and have general supervision, direction and control of all committees, except as provided in Section VII, Article IV.
Section 2 - Vice-President
(a) The Vice-President shall act as an assistant to the President, and shall perform all the duties and exercise all the responsibilities of President in the absence or disability of the President.
(b) The Vice-President is the Chair of the Nominating Committee.
(c) The Vice-President is responsible is responsible for implementation of the Council Policy File.
(d) The Vice-President shall act as Parliamentarian when called upon by the Chair.
Section 3 - Secretary
(a) The Secretary shall be Secretary of the Council
(b) The Secretary shall give, or cause to be given, notice of all meetings of the members of the Council as required by these Bylaws.
(c) The Secretary shall keep, or cause to be kept, a book of minutes at the principal Council Office and at any other such place as the Council may order, of all the Council minutes, with the time and place of such meeting, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at meetings, of the Council, and the proceedings thereof.
(d) The Secretary shall cause to be kept, at the principal office, a register showing all the names and addresses of all Council members.
(e) The Secretary shall issue certified meeting minutes within the time limit set by the Council.
(f) The Secretary shall maintain or cause to be maintained at the principal office the current official copies of the Council Bylaws, the Council Policy File, and the names and contacts of parish ministries.
Section 4 - Council Members-At-Large
The At-Large Members duties would be to represent, advise and counsel the President and the Council on concerns, problems, impacts, or ideas of the Parish membership.
Section 5 - Council Ministry Representatives
The Council Ministry Representative's duties would be to represent, advise and counsel the President and the Council on concerns, impacts, or ideas of the ministry groups he/she represents.
Section 6 - General Requirements
On completion of their terms of office, the Council officers shall turn over all books, documents, records, funds and any other property of the Council to their successors.
ARTICLE VIII - ELECTIONS OF COUNCIL MEMBERS
Section 1 - Council Members-at-Large
(a) Four (4) Members-at-Large shall represent and be elected by the members per Section 6, Terms of Office.
Section 2 - Executive Officers
(b) The President, Vice-President, and Secretary shall be elected by the Pastoral Council at the September meeting from among the incoming Council members.
Section 3 - Nominations for Council Officers and Members-at-Large
(a) The Nominating Committee shall (endeavor to) provide at least two candidates for all Council Member-at-Large positions thru soliciting candidates via advertising and personal invitation in February and March.
(b) The Nominating Committee shall secure the consent of and judge the qualifications of all candidates to be elected under the provisions of this Article. Any nominee found unqualified may present an appeal to the Committee whose decision shall be final.
(c) Any Parish members not otherwise nominated seeking candidacy for office or membership shall submit to the Nominating Committee a nominating petition by March 30.
(d) The committee shall announce Council vacancies and the opportunities to nominate persons for election to fill those vacancies in the weekly bulletin and on the website and verbal announcements at all weekend Masses. Candidacy forms shall be prominently available in both the church and the parish center, as well as online. Candidate forms shall be approved by the Council and shall be a part of the policy file.
(e) The Nominating Committee shall provide the Election Committee with a list of all qualified nominees by April 15.
Section 4 - Election of Council Members
(a) The Election Committee shall distribute ballots for members at large and diocesan pastoral representative, containing the names of all qualified candidates, to the parishioners in a separate insert in the Parish Bulletin issued on the second Sunday in May.
(b) The close of balloting for the annual election of members-at-large shall be the last Sunday in May.
(c) In the event of a tie, the current Board shall make the final selection.
(d) The names of the new members-at-large shall promptly be made known to the Council members and candidates and announced in the Parish Bulletin. The President shall notify all unsuccessful candidates prior to the announcement. The committee shall post the names of the Council the parish website and on a bulletin board in June and should includes pictures of the elected members.
Section 5 - Election of Officers
The nominating committee shall begin soliciting every incoming member of the council for officer candidates after the parish election. The committee shall submit the list of candidates to the Executive Board by the end of August. The Chair shall conduct elections at the September meeting by secret ballot after introducing candidates.
Section 6 - Term of Office
The term of office for members-at-large shall be two years and shall begin with their installation at the September Council meeting, and terminate with the installation of their successors at the following September Council meeting. The terms shall be staggered such that only two members-at-large will be elected each year - the first Council election, four members will be elected, with two members serving two-year terms and two members serving one-year terms. A member-at-large cannot serve more than two consecutive terms. After an interim period of one year, such person will be eligible for election again.
Section 7 - Vacancies
(a) A vacancy shall be deemed to exist in the event of the death, resignation, or loss of membership by, or removal of any Council member. A vacancy will also be created upon a change of status of the incumbent.
(b) In the event of a vacancy of a Member-at-Large, the President shall appoint the replacement for the un-expired term, subject to the approval of the Council.
(c) If a vacancy occurs in the office of President, Vice-President, or Secretary, the Council shall appoint a replacement for the un-expired term.
Section 8 - Incapacity of the President
Should the President become temporarily incapacitated and unable to perform the prescribed duties as determined by a majority vote of the Executive Committee, the Vice President shall act in the President's stead during such a period of incapacity.
Section 9 - Removal of Council Members
(a) Membership shall cease upon any of the following:
a. Death of the member.
b. Written request by the member to the President.
c. Failure to meet the eligibility requirements of members. Any member who misses three consecutive meetings without adequate notification to the President will be presumed to have voluntarily resigned. The President will send a letter to the resigned member thanking him/her for service to the Council.
(b) The Council may terminate the membership, and all rights arising there from, of any member convicted of a felony, or guilty of a grave violation of ethics, or publicly expressing positions that are in direct conflict with Catholic teachings. The Council must agree by consensus or by a two-thirds (2/3) majority vote of the entire Council must to approve such expulsion and the grounds on which it is based.
ARTICLE IX - AMENDMENTS
Section 1 - Presentation of Amendments to Council Membership
(a) These Bylaws may be amended or repealed by consensus or by a two-thirds (2/3) vote of those Council members present at a Counsel meeting or those returning valid ballots.
ARTICLE X - PARLIMENTARY LAW
In all questions involving parliamentary procedure, including election procedures, not covered by these Bylaws or established by the Council, Robert's Rules of Order (Revised) shall be the governing authority.
ARTICLE XI - COUNCIL RECORDS AND REPORTS
The Council shall provide quarterly reports to the Parishioners.
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