Presentation on theme: "P ARISH I NCORPORATION AN INTRODUCTION. Parish Incorporation Study Committee WHO ARE THEY? Diocesan Pastoral Council Diocesan Finance Council Bob Scala."— Presentation transcript:
P ARISH I NCORPORATION AN INTRODUCTION
Parish Incorporation Study Committee WHO ARE THEY? Diocesan Pastoral Council Diocesan Finance Council Bob Scala -- Chair Nancy Stephan -- Chair Gerry Davies -- Past Chair Tom Clancy -- Past Chair Presbyteral Council Catholic Schools Fr. Dale Branson Sr. Rosa Maria Ruiz, Supt. Fr. Joe Lombardo/Fr. Dominico Pinti Civil Lawyer Canon Lawyer Gerry O’Meara Fr. John Lyons Chair Key Staff Fr. Al Schifano Tom Arnold -- CFO Kathy Rhinehart -- Exec Asst John Shaheen -- Property Mgr
A LETTER FROM THE VATICAN
ANALECTS FROM THE SACRED CONGREGATION OF THE COUNCIL ON THE METHODS OF HOLDING AND ADMINISTERING CHURCH GOODS IN THE UNITED STATES OF AMERICA Lately some of the bishops, in light of present circumstances and of the special requirements of certain places, have decided to seek the advice of the Holy See … that appropriate norms be set up for taking care of temporal things for the whole republic of the United States of America. This Sacred Congregation of the Council, to which the request was made, having taken into account all these things, and first, through the Apostolic Delegate, having carefully sought out the opinion of the Most Reverend Archbishops of that region, and sticking to that opinion, in plenary session on last July 29, have decided to propose and legislate the following: 1. Among the methods which are now in use in the United States for holding and administering church property, the one known as Parish Corporation is preferable to the others, but with the conditions and safeguards which are now in use in the state of New York. The Bishops, therefore, should immediately take steps to introduce this method for handling property in their dioceses, if the civil law allows it. If the civil law does not allow it, they should exert their influence with the civil authorities that it may be made legal as soon as possible. Letter of July 29, 1911
* The Church has been built upon and continues to be governed by its Apostolic tradition. * The canonical leadership of the Bishop and the pastors is retained. Ecclesiology of the Catholic Church
Our individually incorporated parishes: * Autonomous in civil matters & certain canonical matters * Not autonomous from canon law nor from the ecclesiology (the nature, constitution, mission, functions, etc.) of the Roman Catholic Church. * Must comply with canon law and also must conform to the ecclesiology of the Catholic Church. * Subsidiarity -- "What can be done at lowest level.... "
Ecclesiology of the Catholic Church Is Incorporation of Parishes "Congregationalism"? No. "Congregationalism" is a form of church governance in which each local congregation is autonomous in governance and matters of faith and beliefs.
EORGANIZING the Diocese WHY? WHAT? HOW?
EORGANIZING the Diocese "The Diocese…is specifically authorized and directed to transfer legal title to the Parish Real Property to the Parish owning such Parish Real Property upon its formation as a religious non-profit corporation." From Order Confirming the Diocese Plan of Reorganization
The Civil Corporation * Is formed by individuals who unite as an entity under the law * Has the status of an individual and can act according to its charter to the same extent as any individual * Has an existence separate from its Directors
A parish can incorporate as a non-profit corporation under Arizona law. * With or without members * Has perpetual duration * Has the same powers as an individual to do whatever is needed to conduct its affairs * Parishes in other states, such as Oregon, New York, Rhode Island, California, Iowa and Wisconsin have incorporated
Why should parishes incorporate? * To reflect the REALITY that they are and always have been separate entities. * To assure proper and prudent management of assets.
Challenges associated with incorporation * Corporate procedure must be followed * Corporate records must be kept * Timely reporting required * Costs in dollars and effort to set up, maintain * Can be brought to court by third parties
What does the law entail?
Arizona Law * Flexible, allows Corporations many options * Non-member Corporations would have only Directors who would appoint Officers * Articles of Incorporation and a Certificate of Disclosure required
Canon Law * A lawfully established parish IS a juridic person by the law itself. * If it is a parish, then it IS a separate juridic person from the Diocese and other parishes.
INCORPORATION MODEL FOR DIOCESE OF TUCSON
ARTICLES OF INCORPORATION Purpose: manage the affairs of the Corporation (i.e., the Parish) in strict conformity with and subject to the laws and discipline of the Roman Catholic Church
ARTICLES OF INCORPORATION Character of Affairs * In general, confined exclusively for charitable, religious and educational purposes * In particular, exists for the ministering to spiritual and temporal needs…in accordance with the tenets and polity of the Roman Catholic Church
ARTICLES OF INCORPORATION Earnings * Officers, private persons, etc. cannot receive earnings of Corporation * Reasonable compensation for services may be made * Limited participation in influencing legislation is permitted. * Campaigning for or against any candidate for political office is forbidden.
DISSOLUTION OF CORPORATION * If dissolved, all remaining assets must be distributed to a like (Roman Catholic) organization.
ARTICLES OF INCORPORATION Boiler Plate * Indemnification * Composition of initial Board of Directors * Known place of business * Statutory Agent * Incorporators
SPECIFIC ITEMS P ARISH I NCORPORATION
Board of Directors P ARISH I NCORPORATION Pastor Bishop Mod. of the CuriaLay Person
Officers of Board P ARISH I NCORPORATION Pastor President Bishop Mod. of the Curia Vice President Lay Person Treasurer Lay Person Secretary
Terms of Office P ARISH I NCORPORATION Pastor President Bishop Mod. of the Curia Vice President Lay Person Treasurer Lay Person Secretary 3 Year Term of Office (One 2-year and one 3-year appointment initially, replacement elected )
Bishop retains right to disapprove or remove any Lay Members of Board who are not registered parishioners in full communion with the Roman Catholic Church P ARISH I NCORPORATION
FULL COMMUNION WITH THE CHURCH: "Those baptized are fully in the communion of the Catholic Church on this earth who are joined with Christ in its [the Church] visible structure by the bonds of the profession of faith, the sacraments, and ecclesiastical governance." (Canon 205) P ARISH I NCORPORATION
Pastor President Bishop Mod. of the Curia Vice President Lay Person Treasurer Lay Person Secretary DUTIES OF THE BOARD * Required Duties -- Perpetuate themselves Observe Corporate formalities Ensure Corporate records are kept Meet at least annually Provide for succession of officers -- Approve purchase or sale of parish property -- Enter into contracts Directly or by delegation of authority to others -- Banking Authority
Pastor President Bishop Mod. of the Curia Vice President Lay Person Treasurer Lay Person Secretary DUTIES OF THE BOARD * Optional Duties -- The Board will review the actions taken on behalf of the parish to insure: that the expenditure of monies is appropriate that the observance of donation restrictions are met that the guidelines of the Diocese are being followed -- Other duties that may be agreed to by the Board
By-Laws P ARISH I NCORPORATION Twelve Articles govern the internal affairs of each Parish Corporation
By-Laws P ARISH I NCORPORATION Article I -- Names Directors and terms of office Article II -- Procedure for election of Lay Directors Article III -- Meetings of the Board Article IV, V, VI, VII, VIII -- Officers and their duties
By-Laws P ARISH I NCORPORATION Article IX -- General Provisions * Mandatory Parish and Finance Councils * Vacancy in Office * Handling of funds * Proxy for Bishop and Mod. Of the Curia
By-Laws P ARISH I NCORPORATION Article X -- Compensation of Pastor & Parochial Vicars Article XI -- Corporate Seal Article XII -- Amendment of By-Laws * Unanimous vote of Board and approval by Bishop
Parish Services Agreement P ARISH I NCORPORATION Purpose: Under the agreement, the Bishop provides certain administrative services to assist the Parish in its operations
Parish Services Agreement P ARISH I NCORPORATION * Solely a service agreement with amendments between the Bishop and the Corporation and no partnership or other form of relationship is intended * Compensation: The Bishop shall assess a management fee (the Chancery Tax)
Parish Services Agreement P ARISH I NCORPORATION What are the Services? * Human Resources * Finance & Accounting * Legal Matters * Miscellaneous
Parish Services Agreement P ARISH I NCORPORATION For Parishes with Schools: Service Agreement will include services and relationship with Department of Catholic Schools
Corporate Resolutions P ARISH I NCORPORATION PURPOSE: Corporate resolutions are the vehicles by which each parish Board adopts various Diocesan plans and programs.
Corporate Resolutions P ARISH I NCORPORATION * The Diocesan Safe Environment Program * Personnel Programs including Personnel Policy Guidelines, Employee Handbooks, Employee pension and health plans, etc. * Property and Liability Insurance programs * Building and Maintenance programs * Fiscal Policy Guidelines * School Regulations RESOLUTIONS INCLUDE ITEMS SUCH AS: