GUIDE TO UNDERSTANDING THE CHARTER CHANGES
NOTE 1: All additions to the Charter are in bold print. All deletions are
indicated by striking through the old language. Any language in italics is old
language moved to a new location.
NOTE 2: No changes were made in the MISSION STATEMENT, Article II, except to
print it in lower case letters. It is always printed in bold.
THE COMMUNITY OF ST. MALACHI CHARTER
(This Charter constitutes the Code of Regulations of the Community of St.
Malachi, a nonprofit corporation organized and existing under the laws of
the State of Ohio.)
I. STATEMENT OF PURPOSE
The Community of St. Malachi is established as a personal
(non-territorial) parish of the Catholic Diocese of Cleveland and shall be
organized exclusively for religious purposes. The aim of the Community is
the fostering of a communal presence of the Church through the formation of
its members in Jesus Christ and His the Gospel
of members and their growth as a local.
We seek, as a Community, to reaffirm and live more
deeply our original vision.* We recognize that while we come from all
over throughout the greater Cleveland area and
beyond, St. Malachi Church is the place where our Community began and
where it has flourished its mission continues. Our
roots and our hearts are here. We desire, therefore, to commit ourselves
in a deeper and more lasting way to be a ministering church in this
particular place, to take more seriously the impact of the Gospel on our
world, and become a stronger witness to the love of God in Jesus, who is
our Hope.
*The Community of St. Malachi came to be because of the efforts of a
dedicated group of laity who came together to better respond to their
baptismal call, to more fully witness to the mandates of the Second
Vatican Council, to serve as a model for a parish self-governed by its
members, and to live out the mission of the Gospel.
II. MISSION STATEMENT
Jesus Christ has called us together as a Catholic Christian Community
in this particular place. Through the scripture, Christ has given us
a pattern for our salvation;
a living witness of God’s love for us.
Our mission, therefore is
to worship God and celebrate Eucharist together;
to love others the way we are loved by God;
to take time to comfort God’s people;
to provide refuge;
to heal;
to console;
to give hope.
As a pilgrim church continuing the presence of Christ;
we recognize the need to nurture our own personal and spiritual growth;
we desire to take more seriously the impact of the Gospel on our world;
we commit to becoming stronger witnesses to the love of God in Jesus
Who is our hope.
III. MEMBERSHIP
Membership in the Community shall be open to all persons who wish to share in
the purpose and goals of the Community.
Members who are entitled to vote under the provisions of
the Charter shall be those persons 14 and over who annually subscribe to a
statement of membership in the Community and make a commitment of time, talent
and treasure to support its activities to the extent of their ability and
interests. Commitments to membership shall be renewed during the Lenten season.
(Member Pledges of financial support shall be anonymous
and contributions shall be confidential and unrecorded. No collection
envelopes are issued. All checks need to be made payable directly to the
Community of St. Malachi.)
IV. COMMUNITY COUNCIL
A. Membership
The representative body of the Community shall be a is
the Community Council. The membership of the Community Council shall include
consist of the chairpersons of each of the
Standing Committee, the Community Treasurer, Secretary, 6
(six) four (4) persons elected at-large from the members of
the Community, and the Pastor as a voting member ex-officio.
B. Each newly elected Council member shall take office coinciding with
the beginning of the fiscal year, which is July 1 of each year.
C. Power and Duties
Except as limited by this Charter, the Community Council shall have the
power to make and carry out decisions as to the policies, programs,
activities, finances and all other matters concerning the Community.
Included, among others, is the power responsibility:
- To make rules and regulations for the conduct of its meetings, the
manner of giving notice of special meetings and the annual election
meeting, and for designation of authorized representatives
of
members of the Community council.
- To consult with diocesan authorities concerning appointment by the
Bishop of a Pastor for the Community.
- To consult with the Finance Council on matters of major financial or
administrative scope in approving and monitoring the Community
of St. Malachi annual budget. (Defined
more further
in the Policies and Procedures Manual Handbook)
- To designate
employ persons to carry
out functions staff positions for specific service to
the Community, and to define their duties, and
to provide for their compensation and to participate
in their annual performance evaluations.
- To establish
temporary ad hoc committees to
perform functions not within the jurisdiction of any Standing Committee.
- To refer to the voting members of the Community
for
decision any question for discussion, response or decision
which may come before the Community Council that significantly affects the
life of the total Community. (See Section X regarding voting
procedures.)
- To
provide elect candidate(s) for the position
of “TRUSTEE OF THE ST. MALACHI CENTER” “Board
of Directors of the St. Malachi Center” upon the
request of the St. Malachi Center, Inc. (Candidates must be approved by
a majority vote of the Council members present on the day on which the
candidates’ nominations are voted upon by the Council.)
(-The Community Council shall not, without the approval of a
majority of the voting members of the Community, take any action or
issue any public statement which would significantly alter or affect the
purpose, or finances of the Community.)
(-No member or officer of the Community council shall receive any
compensation for services as a member of the Community Council, but may
be reimbursed for the amount of any actual expense incurred in the
conduct of office.) Move to Fiscal Year and Budget # IX
- Meetings, Quorum, and Voting
a. The Community Council shall meet at least nine six
times annually and designate publicize the time
and place. Special meetings may be called at any time by the President,
by any four members of the Council upon notice to the other members of
the Council, or by petition signed by at least one-fourth of the registered
Community members registered as of the beginning of the
fiscal year and presented to the Community Council. All meetings
shall be open to all members of the Community.
b. A simple majority of the members of the Community Council shall
constitute a quorum for the conduct of business at any regular or
special meeting.
c. The affirmative vote of at least a simple majority of the members
of the Community Council shall be required to decide any question.
d. Any member with three absences within the Council year shall
may be replaced at the discretion of the Community Council.
e. A member of the Council may attend any meeting of the Council by
telephone or by use of any electronic device that enables the member to
hear and to be heard by all of the other members of the Council who are
present. Attendance by a member at a meeting without protesting any lack
of required notice constitutes a waiver of the failure of notice.
V. OFFICERS OF THE COMMUNITY COUNCIL AND THEIR RESPONSIBILITIES
A. President
The newly elected Community Council shall annually at
the first meeting after the new Council, in
June of each year meet to select/discern a President from its elected
Council members. Said President shall be the chief spokesperson and
representative of the Community, except in matters within the canonical
and administrative duties of the Pastor. The President shall preside with
voting privileges at all meetings of the Community Council and the
Community, and shall carry out such other duties as may be assigned by the
Community Council or the Community. The Chairperson of any Standing
Committee shall relinquish such office before assuming the office of
President of the Community Council. No person shall be elected to
the office of serve as President for more than three
consecutive years.
B. Vice-President
The newly elected Community Council shall also, at the time of
the selection of the President, select/discern from its members a
Vice-President who shall preside at all meetings in the event of the
absence or disability of the President. In the case of any vacancy
occurring in the office of the President, the Vice-President shall succeed
to the office; in which event, the Community Council shall select a new
Vice-President to fill the unexpired term.
1. The Vice-President shall be the Community’s liaison to the
Parish Council of St. Malachi Parish.
2. The Vice-President shall carry out any other duties as assigned
by the President.
C. Treasurer
The Treasurer shall be elected at large from the Community
membership. The Community Treasurer shall maintain
financial records, pay authorized Community obligations, and perform other
duties as normally ascribed to the position. The Community
Treasurer shall serve ex-officio as a member of the Community Finance
Council.
D. Secretary
The Secretary shall be elected at large from the Community membership.
The Secretary shall be responsible for the taking of the minutes of all
Council and Community meetings and shall arrange for their publication.
The Secretary shall maintain a file of all official records of the
Community.
VI. STANDING COMMITTEES
The Community shall have Standing Committees, whose areas of
responsibility shall be designated by the Community Council. The Standing
Committees currently are:
- Christian Formation
- Communications and Records
- Hospitality
- Liturgy
- Membership
- Social Action
- Spiritual Development
Standing Committees shall report to and carry out their functions under
the direction of the Community Council.
VII. ELECTIONS
A. Standing Committees
One Chairpersons for each standing committee shall be
elected for a one year term by the Community at the Annual Community
Meeting. Chairpersons for each Standing Committee shall preferably be
recommended by the Standing Committee. Standing Committee chairpersons
shall be restricted from may serving
serve no more than three consecutive terms.
In the event that no nominee is presented at the time of the Annual
Community Meeting, the position of Chairperson of that committee shall be
considered to be vacant. A Standing Committee may have
two co-chairpersons, but only one of such person shall be counted toward a
quorum, or be entitled to vote at a meeting of the Community Council.
B. Community Treasurer
The Treasurer shall be elected from the Community members for a
one-year term by the Community at the annual Community meeting. The Community
Treasurer shall be restricted from serving
serve no more than three consecutive terms.
C. Secretary
The Secretary shall be elected from the Community members for a
one-year term by the Community at the annual Community meeting. The
Secretary shall serve no more than three consecutive terms.
C. D. At-Large Members
At-large members shall be elected for a two-year period at the
Annual community Meeting. In 1996, the At-Large Members whose
terms are scheduled to end in 1997, shall draw lots to determine who shall
have terms ending in 1996, and in 1997. In 1996 and thereafter three (3)
at large members shall be elected annually for a two-year term.
At-Large members shall be restricted from
serving serve no more than two consecutive terms.
D E. Election Process
1. At least 45 days before the Annual Community Meeting, the
Council shall fix the date of said meeting and the President shall appoint
a coordinator Nominating Committee to secure
nominations for all positions.
2. For each the Standing Committee, the committee
should identify a candidate for Chairperson of the Standing Committee, and
the Nominating Committee coordinator should give
consideration to the recommendations of the Committees.
3. For Treasurer, the Nominating Committee coordinators
should seek persons of appropriate background and experience.
4. For Secretary the Nominating Committee should seek a person
of appropriate background and experience.
6. Nominations should be presented to the President, in writing,
three weeks prior to the election and subsequently to the Community prior
to the Annual Community meeting.
7. Nominations for all elected positions will be accepted from the
floor at the general meeting.
8. The new Council shall take office effective July 1 coinciding
with the beginning of the fiscal year at the end of the June
Council meeting
E. F. Vacancies
Vacancies arising in any position shall be filled by appointment by the
President of Council , with the concurrence of a majority of the Council,
at the next regular meeting of the Council. Said appointee shall serve out
the balance of the term of the vacated member. No person shall serve as a
member of the Community Council for more than four consecutive years. A
“year” is defined as being a period of at least (6) months and not
more than twelve (12) months.
Until election of a new Community Council and the taking of office by
the members thereof under this Charter, the existing Community Council
members of the Community of St. Malachi shall have and exercise all of the
powers of the Community Council provided for in this Charter.
VIII. FINANCE COUNCIL
A. Authorization
The Community of St. Malachi shall have a Finance Council in accord
with Canon 537 of the Code of Cannon Law.
B. Membership
The Finance Council shall consist of five voting members: the
Pastor and Community Treasurer, ex-officio, the three
At-Large members preferably with skills in finance, administration,
and-/or law, jointly proposed and approved by the Community council
and the Pastor. The At-Large members shall serve three-year, staggered
terms. In addition, the President of the Community Council shall serve
as an ex-officio non-voting member of the Finance Council.
C. Responsibilities
The Finance Council shall prepare the annual budget proposal and
shall advise the Community Council and the pastor on matters of major
financial and administrative concern. At the close of the fiscal year,
the Finance Council shall arrange for an annual audit
review of financial records and procedures for the previous
fiscal year. A written report of the audit, Annual
Financial Review, including any recommendations that might be
deemed necessary to better serve the Community, shall be submitted to
the Community Council. The Annual Financial Review will be
submitted to the Diocese each year.
IX. FISCAL YEAR AND BUDGET FINANCES
A. Fiscal Year
The fiscal year of the Community shall commence with the first day of
July of each year and end on the thirtieth day of June the following
year.
B. Contributions From Members
Member Pledges of financial support shall be anonymous and
contributions shall be confidential and unrecorded. No collection
envelopes are issued. (All checks need to be made payable directly to
the Community of St. Malachi.)
C. Budget
1. The Finance Council shall prepare an annual budget in
consultation with the Community Council President and Committee
Chairpersons and in accord with the Community’s pastoral plan and
priorities.
2. The proposed annual budget shall be submitted to the Community
Council at the May council meeting for review and discussion.
3. The proposed budget shall be made publicly available to the
Community for review along with notice of the meeting at which the
budget will be adopted.
4. The budget shall be adopted at the June meeting, but may be
amended as needed by the Community Council with the advice of the
Finance Council.
D. Reimbursement
No member or officer of the Community Council shall receive any
compensation for services as a member of the Community
Council, but may be reimbursed for the amount of any actual expense
incurred in the conduct of office.
X. GENERAL COMMUNITY MEETINGS
A. Annual Community Meeting
Each year Annually, on or about the second
Sunday after Easter, the Council shall conduct a General Community
meeting, known as the Annual Community Meeting. The agenda of the Annual
Community Meeting shall include but not be limited to an Annual Report
by Council of the state of the Community and election of a new Council.
B. Special Community Meetings.
The Council on its own initiative, or by petition of a least
one-fourth of the registered Community members registered
as of the beginning of the fiscal year shall
schedule special general meetings of the Community as needed. The agenda
shall be limited to the stated purpose(s) of the meeting. Special
general Community meetings shall be scheduled as quickly as the issue
demands. However, an interval of at least one Sunday shall occur to
allow proper notice to the Community.
C. Quorum
One-fourth of the voting members of the Community shall constitute a
quorum for the conduct of business at any meeting of the Community.
D. Eligible Voters
All registered voting members of the Community at the time of any
decision-making meeting are eligible to vote.
E. Required Affirmative Votes
A majority affirmative vote of the voting members who are present in
person or by proxy shall be required for the approval of any action,
provided that a two-thirds affirmative vote shall be required for
approval of any action described in Article IV.C.6. of this Charter.
F. Voting by Proxy*
Any voting member may designate, by a written proxy, another member
to vote at a meeting of the Community. Any written proxy shall be
delivered to the Secretary and shall be retained with the records of the
meeting.
*This replaces the previous Community practice of absentee ballots.
XI. AMENDMENTS
Amendments to this Charter may be proposed by the Community council or
upon petition signed by at least one-fourth of the members of the
Community and presented to the Community council A special meeting may be
called to consider the proposed amendments. Two weeks prior to such a
meeting, notice shall be given and written copies of the proposed
amendment(s) shall be made available to all members of the Community. A
two-thirds affirmative vote of those members present shall be required for
the adoption of any proposed amendment.
TRANSITION PROVISION
A. In 2008 at the Annual Meeting the Secretary will be elected for
the first time.
B. In 2008 at the Annual Meeting two (2) At-Large members shall be
elected. In 2009 at the Annual meeting two (2) At-Large members shall be
elected.
APPENDIX A
The following are guidelines for the Community of St. Malachi in its
relationship with the Diocese of Cleveland:
Proper records of sacramental administration are to be kept. If the
Community ceases to exist, its records are to be transferred to the Diocesan
Archives.
At the request of a new member, the Membership Committee shall inform the
Pastor of the former parish.
In all liturgical functions, The approved Diocesan Liturgical
Guidelines are followed.
Local pastors are expected to retain children in their schools, even though
parents attend a non-territorial parish, provided parents do their share to
support the local school
All normal Relationships that exist for any parish with the
Chancery, Deanery, etc. Diocese also
apply to the non-territorial parish. This includes a determined
contribution to the annual Diocesan expenses assessment.
APPENDIX B
Refer to The Polices and Procedures Manual
Handbook of the Community of St. Malachi provides for
specific information regarding the governance and operation of the Community.
In the event of any conflict or inconsistency between any of the provisions
of this Charter and anything contained in the Handbook, the provisions of this
Charter shall prevail.
This charter was originally adopted by a three-fourths vote of the members of
the Community of St. Malachi on April 18, 1972. Subsequent revisions have been
made pursuant to Section XI, Amendments.
*Revisions to the Charter have been adopted by Community members in January,
1980; May, 1980; May, 1981; May, 1982; November, 1984; May, 1986; May, 1989; and
March, 1996.
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