Romanian Orthodox
Missionary Archdiocese
in America and Canada
STATUTE
For the organization of
the Romanian Orthodox
Church in America
GENERAL DISPOSITIONS
The Romanian Orthodox Church in the United
States and Canada was formed, by the clerical and lay
representatives of the parishes of which it is
.composed, at the Church Congress, meeting in
Detroit, .Michigan, on April 25, 1929, as a Missionary
Episcopate, subject canonically to the Holy Synod of
the Romanjan Orthodox Church.
On the basis of this decision, empowered by the
signatures of all the representatives of the parishes
and communicated to the Holy Synod, the National
Church Congress of the Holy Romanian Orthodox
Patriarchate approved, in its session of November,
1929, the proceedings of the Church Congress of
Detroit; and His Beatitude Patriarch Miron, as the
supreme head of the Romanian Orthodox Church
everywhere, decreed the Romanian Orthodox Mis-
sionary Episcopate canonically instituted, by superior
decree No. 10,219, dated November 1, 1930,
investing the interim administrative commission with
full powers to organize, guide, and conduct the affairs
of this Episcopate, until the election and canonical
installation of a suffragan bishop.
In the spirit of these decisions, the Missionary
Episcopate is organized, bearing in mind the
necessities originating from the social, cultural and
economic conditions of American life, and based on
the principles of organization contained in the Law
and Statute for the organization of the Romanian
Orthodox Church:
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1) To form one organization, with the partici-
pation of the constituent elements of the Church:
clergy and laitY;
2) To have the right to regulate, conduct, and
administer through its own organs, its religious,
cultural, and administrative affairs {foundational and
trusteed}-
For the validation of these two cardinal
principles of our church organization, this Statute for
the organization of the Missionary Episcopate was
composed and legislated by the Church Congress held
in Cleveland, Ohio, October 30, 1932, and ratified by
the Holy Synod of the Romanian Orthodox Church
in its session of June 15, 1933; and by the law
promulgated in THE OFFICIAL MONITOR, No.
105, May 8, 1932, "The Missionary Episcopate for
Christian Orthodox Romanians in the western
countries, with a suffragan bishop of the Metropolia
of Ungro-Vlahia and under the canonical jurisdiction
of the Holy Synod of the Romanian Orthodox
Church," was declared rounded.
THE LEGAL STATUS OF THE EpISCOPATE
ART. 1. The Missionary Episcopate includes all
Romanian Orthodox Christians of the western
{European) countries, the United States of America,
Canada, and South America, together with their
churches; it is a constitutive part of the Romanian
Orthodox Church and maintains spiritual and
canonical unity with the Holy Synod and organic ties
with the Romanian Orthodox patriarchate and with
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the National Church Congress: Art. 128, 129, 136,
137, 168.
ART. 2. The official language of the Missionary
Episcopate for various religious services as well as for
the official correspondence of the various church
organs between themselves, is and remains Romanjan,
while in relations with civil authorities and the state
the official language of the respective state shall be
used.
THE HOLY SYNOD
ART. 3. The Holy Synod of the Romanian
Orthodox Church is the highest authority for
canonical and spiritual matters, and the supreme
forum of church matters of any nature, which
according to laws and statutes, are within its
competence.
ART. 4. The central representative body for the
whole Church of all Romanians of the Orthodox
religion, in administrative, cultural, foundation and
trusteed (financial) affairs, is the National Church
Congress, composed of six representatives of each
diocese (two clergy and four laymen,) delegates of
the diocesan assemblies for a term of six years, from
their members or from other faithful of the respective
dioceses.
THE NATIONAL CHURCH CONGRESS
This Congress shall have the right to establish,
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within the framework of the law and of the Statute,
by way of regulations, norms obligatory for the
whole Church.
The National Church Congress elects a Central
Church Council which is the superior administrative
organ for the affairs of the whole Church and at the
same time the executive organ of the Holy Synod and
of the National Church Congress.
THE RIGHTS OF THE MISSIONARY EpISCOPATE
ART. 5. According to canon law and in
conformitY with the constitution of the country in
which this Episcopate has church jurisdiction, it
regulates, conducts, and administers, through its own
organs and under the control o the Metropolia of
Ungro-Vlahia, its religious, cultural, foundational and
financial {trusteed) affairs.
THE ELECTION OF THE BISHOP
ART. 6. At the head of the Romanjan Orthodox
Missionary Episcopate stands its BishoP-
The Bishop shall be elected by the Holy Synod
from among diplomaed and well educated men, who
fulfill the conditions of the law and of the Statute for
the organization of the Romanjan Orthodox Church.
He shall be able to participate in the sessions of the
Holy Synod and of the other church bodies, with a
deliberative vote, in regard to all the questions which
concern his jurisdiction.
A special regulation, made by the Holy Synod,
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shall determine the circle of activity and the
competence of this episcopacy. The missionary
bishop receives the metropolitan letter and canonical
investiture from His Beatitude the Patriarch of the
Romanian Orthodox Church, in order to be installed
on the episcopal throne, by the d e I e g a t e s of the
Metropolitan of Ungro-Vlahia.
are:
THE CONSTITUENT PARTS
OF THE MISSIONARY EPISCOPATE
AND THEIR ORGANS
ART. 7. The constituent parts of the Episcopate
1. The parishes;
2. The deaneries;
3. The monasteries (as special religious insti-
tutions, with their canonical organization,) and
4. The Episcopate, as an organization by itself.
Each constituent part of the Missionary Episco-
pate has the right to regulate, conduct, and to
administer its affairs independently of the other
constituent parts of the same grade, and to
participate, through its representatives, in the
proceedings of the superior constituent parts.
This right is exercised by the constituent bodies:
a) In the parishes by qualified members, who
make up the Parish Assembly.
b) In the deaneries and the Episcopate, by
representatives of the clergy and of the people, in the
proportion of one third clergy and two thirds laymen.
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ART. 8. Each parish has a Parish Assembly.
Each deanery has a Deanery Assembly.
The Episcopate has a Church Congress.
The organization of these assemblies is for a term
of one year for the parish and three years for the
deanery and the Episcopate.
For the conduct and administration of its affairs,
each of these assemblies elects a council as its
executive organ, the parish for a period of one year,
and the deanery and Episcopate for three years.
The organization and function of these repre-
sentative assemblies and of the executive councils will
be the same for the whole Episcopate.
THE EXPENDITURES OF THE EPISCOPATE
ART. 9. The expenditures for the maintenance of
worshiP, of the celebrants, and of the institutions of
the Church are covered from funds created by
contributions made annually (membership dues) and
from time of time by the faithful, supporters of the
parish churches, and administered by the repre-
sentative and executive organs of its various
constituent parts.
For the upkeep of the central governing organs
(Episcopate and Diocesan Council) a special fund of
the Episcopate shall be created, with the help of the
Romanjan Patriarchate, which shall be augmented by
contributions from the parishes and other sources.
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DISPOSITIONS REGARDING PROPERTY,
INVESTMENTS, AND OTHER THINGS
ART. 10. The constituent parts of the Missionary
Episcopate (parishes, deaneries, monasteries, episco-
pate) as such, are legal persons. They have the right
and duty to keep everythings which they have today
and to accumulate goods, moveable and immoveable
(real estate) of any kind, to use for the Church and
her institutions (schools, cultural institutions, parish
houses, orphanages, old peoples' homes, hospitals,
etc.
The Episcopate, alone or in company with the
deaneries and parishes, has the right to buy or
establish a church publishing house, factories and
shops for the making of the objects of worship
necessary for the churches (icons, candles, vestments,
precious articles, books, etc.) The profits realized,
first of all shall serve to cover the needs of the
Episcopate and related organizations.
The sale or alienation of the immobile goods of
the churches, being common property of the faithful,
and thus a patrimony of their descendents, shall be
regulated by the Church Congress through the
Diocesan Council, while the money realized by such
action, shall be used exclusively for the purposes of
the Romanjan Orthodox Church.
Church, monastery, and Episcopate buildings, the
grounds of the Episcopate, cemeteries, and sacred
objects are blest things, and outside the realm of
commerce; they cannot be sued or sequestrated.
Art. 99, 100, 102.
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RELIGIOUS INSTRUCTION
ART. 11. Each parish has the obligation to take
care of the religious education of its faithful.
The Diocesan Council shall uniformly regulate
the catechetical instruction of pupils, youth, and
church chanters and shall organize the curriculum for
the formation of the clergy.
In hospitals, orphanages, reform schools, and
penal institutions, missionary priests of the Episco-
pate shall care for the Orthodox faithful.
ART. 12. The legal authority of this Statute -
composed by the legal representatives of the parishes,
gathered in the Church Congress, approved by the
National Church Congress of the Holy Synod of the
Romanjan Orthodox Church and recognized by the
general charters of the governments of the states
upon whole territories the MissionarY Episcopate is
extended and operates - is and remains obligatorY,
with the power of law, for all Romanjan Orthodox
Christian, for all the Romanjan Orthodox churches
and parishes within the respective states.
THE LEGAL POWER OF THE STATUTE
AND ITS AMENDMENT
ART. 13. The provisions of this Statute cannot
be amended except by the Church Congress,
especially convened for this purpose 30 days in
advance, and by a two-third's majority of its
members.
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The amendment of this Statute is valid only with
the approval of the Holy Synod.
EXCLUSIVE RIGHT TO IT'S NAME
ART. 14. The Romanian Orthodox Missionary
Episcopate - also recognized as a legal religious
corporation, by the granting of a general charter by
the governments of the countries in which it works
for the strengthening of the Eastern Orthodox Faith,
and enjoying the protection of the law and the
exclusive right to represent the Romanjan Orthodox
Church -- forbids the separated parishes which have
not entered into its organization and any other
groups whatsoever, from usurping it's name Ro-
manjan Orthodox Church, prosecuting them by legal
means as some corporations which maintain them-
selves by false representation.
OPERATIONAL STANDARDS
Of the Constituent Parts of the Missionary
Episcopate And of its Organs.
I. THE PARISHES
ART. 15. The parish is a church community of
the faithful in a certain locality, who, under the
leadership of the priest, maintain one or more
churches, including their institutions and personnel,
by their material and moral means.
ART. 16. The purpose of the parish is: a) to
maintain, strengthen, and spread the Romanian
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Orthodox faith and to work so that all the faithful
might live in conformity with the teachings of this
faith, attending the holy Church, partaking of the
Holy Mysteries and doing works of Christian mercy,
and
b) To support and help the Church, the
celebrants, and her institutions and to care for all the
needs of the parish.
ART. 17. In smaller communities, the faithful
may be organized in affiliation with the nearest
organized parish, enjoying the same rights and having
the same obligations, as the members of the mother
parish.
ART. 18. The Diocesan Council approves the
change of an affiliated group into a parish, or the
establishment of a new parish, at the request of the
faithful, when the petitioners present sufficient
guaranties for the maintenance of the new parish.
ART. 19. Where a group of small colonies is
situated too far from a self-supporting parish and
organizing themselves with the approval of the
Diocesan Council, they shall form a missionary
parish, to be able to satisfy their spiritual needs, by
engaging a missionary priest together.
ART. 20. In colonies with several churches, each
church forms a parish, arranged by common
agreement, by the parish councils and approved by
the Diocesan Council at the proposal of the deanery
office, with the obligation that the parish councils of
these churches shall meet once a year in joint session
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to uniformly establish membership dues and to solve
various questions of common religious and cultural
interest.
ART. 21. The parish personnel are the parish
priest and one or two chanters. When the need
demands and means permit, the number of priests
may be increased. Priests must live in the parish.
ART. 22. The parish priest is the head of the
parish office and in charge of the parish archives, and
in this capacity, shall keep registers with:
a) the records of all parishioners with their
families, as well as of families and individuals
separated from the immediate neighborhood;
b) the records of baptisms, marriages, and deaths,
issuing on request extracts from them;
c) the records of all the acts and official
correspondence of the parish, which he keeps in the
parish archives by current date, year by year.
ART. 23. The parish priest, in collaboration with
the president and secretary of the parish, makes all
the reports and (carries on) the official correspon-
dence of the parish; he keeps the official parish stamp
in the office and uses it on the correspondence of
that office.
ART. 24. The priest sees that all the minutes of
the Parish Assembly and the Parish Council as well as
all the journals with their records are put year by year
in the parish archives, for preservation.
ART. 25. The priest, in cooperation with the
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Parish Council, looks after the education, in a
religious-moral and national spirit, of the children and
young people, by means of the parish school and the
catechetical school.
ART. 26. Where there are several priests in a
parish, the Diocesan Council names the most apt as
head of the office.
ART. 27. For someone to be a priest or deacon,
he must be of age, meet the canonical conditions, and
be a seminary graduate. The Holy Synod decides in
special cases on the recommendation of the Diocesan
Council.
ART. 28. Having in view the numerical difference
of the members of various parishes, the inequality of
the means of support and the distinction between the
education of priests, the parishes according to the
number of members and their material state shall be
classified as parishes of first, second or third class.
The classification of the parish shall be made at the
Parish Assembly and shall be approved by the
Diocesan Council. On the basis of their education and
qualifications, priests shall likewise be divided into
three classes, with the right to compete in the
parishes, according to the class for which they are
qualified.
ART. 29. The affairs of the parish shall be carried
on by the parish priest together with: a) the Parish
Assembly; b) the Parish Council, and c) the parish
trustees, in conformity with the by-laws in force and
with the approval of the Diocesan Council and of the
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bishop.
THE PARISH ASSEMBLY
ART. 30. The Church is the totality of all
Christian baptized in the Orthodox faith.
The members of the parish, who make up the
Parish Assembly, are all men of age, self-supporting
and with an unblemished life, within the parish, who
fulfill their moral and material obligations to the
parish and its institutions. Membership rights are
exercised in the Parish Assembly and only after a six
month period.
The priest is a member by right of the Parish
Assembly.
Members enjoy all the rights, facilities, and
services of the Church. The wife and children not of
age, or those supported by the head of a family, the
member of a parish, have the same benefits as
members.
ART. 31. Members of the Parish Assembly are
verified in each parish on June 30 and December 31,
each year, and are included in the membership roll of
the Parish Assembly with their name, occupation,
address, age, and family status.
ART. 32. The membership roll, prepared by the
Board of Trustees in three copies, is reviewed by the
Parish Council, which may add those omitted, or
strike from it those who do not meet the legal
requirements. The rolls thus revised are read in
church, after the holy Liturgy and are posed in
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church and in the parish office for 14 days, after
which the roll is sent to the Diocesan Council,
through the deanery office, for approval, keeping one
copy for the parish office and the other for the
deanery office.
ART. 33. Any complaints whaysoever, in regard
to the membership roll, 'are sent, in writing and
registered, within the 14 day period, to the Diocesan
Council, which shall examine the motives and make a
final ruling. No complaint whatsoever prevents the
use of the roll, if in the meantime, a parish assembly
is held.
The final approved roll, shall be used for all
parish assemblies which are held in the course of half
a year.
ART. 34. The prerogatives of the Parish
Assembly are as follows:
a) It examines and completes the annual report
of the Parish Council in regard to the progress of all
parish affairs;
b) It elects the Parish Council, the Board of
Trustees, the comptrollers, and in the case of a
vacancy, the priest;
c) It examines and approves the proposals of the
Parish Council;
d) It sets the membership dues and the extra fees
for religious services and takes care of the support of
the priest, and of the other church personnel,
according to local conditions and circumstances and
salary standards;
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e) It sees that the parish organs and employees
are doing their job;
f) It examines and approves the parish budget
and inventory, verifies the annula parish administra-
tive report at the end of the year and sends it to the
Diocesan Council for approval and clearance;
g) It decides on the purchase, sale and mortgage
of parish immobiles, with the approval of the
Diocesan Council;
h) It sets the annual family contribution (dues)
of members on the basis of the budget made every
year;
i) It forwards, through the parish and deanery
offices, all decisions, which require the approval of
the Diocesan Council.
ART. 35. The president by right of the Parish
Assembly is the parish priest in office, who
relinquishes the presidency to the dean, if he is
present.
ART. 36. An appeal to the Diocesan Council may
be made regarding decisions of the Parish Assembly.
The challenge must ba made at the session itself and
forwarded in 14 days; after this period it can no
longer be considered.
ART. 37. The calling of the Parish Assembly is
made by the parish priest, or his Iocum tenens, and is
announced in church, after the Holy Liturgy, at least
8 days before it is held. The dean is informed of the
convening, may participate in the Assembly and if so,
he presides. The calling of the Parish Assembly is also
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r
publicized in the official organ of the Episcopate or
communicated to the members by post card, showing
the time place, and order of business, and is signed by
the parish priest and secretary of the parish council.
ART. 38. The Parish Assembly as a rule meets
twice a year in regular session: once in January for
the election of the Council and the Board of Trustees
and for the annual report, a second time, in July, for
the semi-annual report.
It may be called in extraordinary session at any
time.
ART. 39. The Assembly shall always meet on
Sunday, after the Holy Liturgy; on this occasion, the
prayer for the invocation of the Holy Spirit shall be
offered.
ART. 40. Extraordinary assemblies shall be
called, either following the decision of the Parish
Council, or at the request of at least 10% of the
members entered in the roll of the Parish Assembly.
ART. 41. The way in which the sessions of the
Parish Assembly are conducted is as follows:
The parish priest, as president by right, or the
dean if present, opens the Assembly and appoints the
board, naming, with the consent of the Assembly, a
secretary and two responsible men, who shall record
and sign, along with the president, the proceedings of
the Assembly.
After the naming of the board, the secretary
takes roll call from the roll of the Parish Assembly, in
its final form, and ascertains the number present.
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ART. 42. For the Assembly to make valid
decisions, at least two-thirds of the number of
members on the roll must be present.
If on the day decided upon this number if not
present, the Assembly is called a second time on the
next Sunday, to transact the same business. The
second time, the Assembly is held with any number
of members, not however, with a number less than
the number of the members of the Parish Council.
ART. 43. The board of the Parish Assembly has
the followings prerogatives:
a) The president opens, conducts, and closes the
session. He maintains order, seeing that questions
other than those put on the order of the day are not
discussed. He grants, and rescinds, the right to speak,
and at the close of the debates he formulates the
questions and calls for the vote. In the case of
disorder he can recess the session for a few minutes,
or for an unlimited time. In the latter case, he reports
it to the dean. When the dean presides, he takes
measures, which he believes are proper, by himself.
b) The secretary takes notes of everything which is
discussed, recording the name of the speakers, in the
order in which they were recognized, and keeps track
of the members present, on the basis of the official
roll.
ART. 44. The board of the Parish Assembly is
obligated to show in the final minutes, that the Holy
Liturgy with the invocation of the Holy Spirit was
served, that the Assembly was legally constituted,
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that only questions on the agenda were discussed,
noting precisely the way of voting, the decisions
made, and if such be the case, disputes.
The minutes are read, verified, and signed before
the Assembly by the president, secretary, and two
responsible men.
ART. 45. The sessions of the Parish Assembly are
public and are held in church - only in the case of
necessity in another place.
ART. 46. Each member is allowed to speak in the
order in which he was recorded on the list speakers. A
member can speak only once on the same question,
except when the president believes that it would be
well to give him the floor again as follows:
a) regarding questions of rule;
b) regarding urgent questions;
c) when it is determined that another question is
closely related to that which is being debated.
ART. 47. Speakers have the duty to behave
properly and to avoid personal questions, which
would cause disorder.
ART. 48. Members who do not conform to these
provisions may be excluded from the session by the
board of the Assembly, a fact which shall be noted in
the minutes.
ART. 49. No deviation from the established
agenda is allowed, except for the cases forseen in Art.
46.
ART. 50. Debate is declared closed when all
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members listed for the discussion have spoken or have
declined to speak, or when the Assembly, as a result
of a motion, has decided to close the discussion.
ART. 51. Any member has the right to move for
the closing of the discussion. In this case the
president interrupts the debate, gives the floor to one
member for, and to another against, the motion, and
brings it to a vote.
ART. 52. No member may speak without the
permission of the president.
ART. 53. When a discussion of a question has
finished, it is brought to a vote. If there are several
proposals, or amendments, connected with the same
question, all are voted on, beginning with the first. A
proposal is approved if it gains an absoluted majority
of the votes.
ART. 54. The vote is taken either by
acclamation, or by roll call, or, at the request of one
fourth of the members present, by secret ballot.
ART. 55. All questions regarding the sale,
purchase, and mortgage of church property can be
decided only by a roll call vote.
Elections of persons are made by roll call or in
secret.
ART. 56. A vote by roll call is made as follows:
the secretary calls the name of each member present;
each one responding with the word "yes" if he
accepts the proposal, or with "no" if he rejects it.
The response of each person is noted on the
membership roll, to the right of the name of the one
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voting, and at the bottom a tally is made, to
determine the majority.
ART. 57. A secret vote is taken by ballot,
distributed by responsible men. The voter writes the
names of those whom he considers worthy to be
elected, or the answer "yes" or "no" to the proposal
being voted on.
As his name is called, each one goes and puts his
ballot in the urn, which sits on the president's table,
in front of the responsible men.
ART. 58. The vote is taken by numbering the
ballots, and if they do not correspond to the number
of voters, the vote is cancelled and another taken. If
the count is right, the president opens them, and in
front of everyone, read them while the secretary
records the vote. After counting the votes, the
president announces the result, which is entered in
the minutes and the viewpoint which received the
absolute majority of the votes, he declares chosen or
approves. Ballots which are blank, erroneously
written, or illegible, are invalidated.
ART. 59. If no one on the first vote receives an
absolute majority, a second vote is taken immediately
for those who received the most votes, after which he
who received the majority is declared elected. When
the votes are a tie, they are decided by lot.
ART. 60. The decisions of the Parish Assembly
which require the approval of the Diocesan Council,
or which are contested, are sent within two weeks,
through the deanery office to the Diocesan Council.
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All other decisions are carried out directly by the
Parish Council, with the approval of the priest.
THE PARISH COUNCIL
ART. 61. The Parish Council is the executive and
administrative organ of the Parish Assembly, (elected
from within it.) It is constituted by electing its
president and secretary from within it. It resolves all
questions except those of worship, or purely spiritual
ones, which are in the domain of the priest alone. The
Council represents the church community in all
questions.
ART. 62. The Parish Council is made up of 15
persons in parishes with 100 members, of 20 persons
in parishes with 100-200 members, and of 25 persons
in parishes with more than 200 members.
Priests from the parish and the first chanter,
trustees and auditors of the church are members by
right of the Parish Council.
In each council alternative members are also
elected, up to half of the number of members elected.
Father and son, brothers, the father-in-law and
son-in-law, and brother-in-law, cannot be members of
the Parish Council together.
Where the faithful are originally from different
regions of the country of origin, the numerical
proportion shall be kept in mind, no more than three
co-vllagers being able to be elected to the same
council and not more than half from the same
province.
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ART. 63. Members of the Parish Council are
elected for one year; they are voluntary and may be
re-elected.
In parishes in the states where the law of
incorporation requires trustees, or such they are
considered trustees elected by the parish.
Election of the members of the Parish Council as
well as of the trustees and auditors may be held in the
following ways:
a) The Parish Assembly elects, by acclamation, a
candidate commission of five members, after which
the president recesses the session, for not more than
30 minutes. During this time the commission
composes the list of candidates.
After the re-opening of the session the reporter
of the commission reads the list of those nominated
and proceeds to the vote; those who have received the
majority are declared elected. Members of the
Assembly can also vote for other persons, besides
those nominated by the candidate commission.
b) By ballot. Each member receives from the men
responsible a ballot of the same color, stamped with
the seal of the parish office, upon which he writes the
names of as many persons as there are members being
elected to the Parish Council, regulars and alternates.
Each member is called according to the parish roll
and deposits his ballot. If the number of ballots is the
same as the number of voters, the votes are counted
and those with the most votes shall be declared
elected members of the Parish Council in the order of
the number of votes received, including the alternate
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members.
In both cases it should be kept in mind that only
persons who have given proof of love and interest for
the church and have distinguished themselves by
exemplary conduct and Christian life should be
elected to the Parish Council.
ART. 64. The result of the election is entered in
the minutes, which are signed by the board, and a
copy is also made, which is sent to the Diocesan
Council for approval.
ART. 65. Within eight days after the approval of
the Diocesan Council, the members of the new Parish
Council, are called by the priest in an organizational
session and first of all take the following oath, also
having the Holy Cross on the table:
"In the name of the Holy Trinity, I ...................
elected as a member of the Parish Council of th;
church of ................. , with the patron ..................... ,
swear to fulfill with zeal and devotion the
responsibility received, working with all my power,
impartially, fro the promotion of the interests of the
Holy Church, respecting all church laws and
regulations, as well as all orders and dispositions of
higher autorities.
So help me God."
In the organizational session, under the pre-
sidency of the priest, the Parish Council elects, by
majority vote, a president, vice-president, and a
secretary, from within its ranks.
ART. 66. The Council meets as often as
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necessary, but without fail once at the beginning of
the month of June and once in the month of
December, of each year, to prepare for the Parish
Assembly.
If half of the members of the Council petition, in
writing, for the calling of an extraordinary sessio. n,
the president is obliged to call it.
ART. 67. Valid decision may be made if at least
half of the total number of the members of the
Council are present, besides the president, also
considering the alternates, in the absence of the
regulars.
Decisions are made by acclamation, or by the
majority vote of the members present. Three
members can request a secret vote.
Members who are absent from three consecutive
sessions, without cause, are considered excluded, the
first alternates taking their places.
ART. 68. In regard to what is decided, the
secretary keeps the minutes and notes the names of
the members present, in them. The minutes are
verified and signed by those who have approved the
decisions made. Separate opinions are included in the
minutes.
ART. 69. The attributes of the Parish Council:
a) Takes the inventory of parish property;
b) Recommends the sale, purchase, or man-
agement of parish immovables, and maintains the
property of the church and of its institutions;
c) Supervises the treasury and verities the
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documents kept by the Board of Trustees and
maintains parish buildings;
d) Furnishes the church with everything neces-
sary;
e) Finds the resources necessary for the support
of the priest and of the other celebrants of the church
and of its institutions; and for the b u i I d i n g
and repair of church buildings, reporting to the Parish
Assembly regarding everything;
f) Makes recommendations to the Prish Assembly
in regard to membership dues and extra fees and the
plans projects for eventual repair;
g) Arranges the conditions of the leasing of parish
property, subject to the approval of the Diocesan
Council;
h) Establishes with the approval of the Diocesan
Council, the investment program for the liquid assets
of the parish;
i) Examines, at the end of the year, the financial
situation and then prepares a report on it, for the
Parish Assembly;
j) Examines and completes the president's annual
report, regarding the progress of all the affairs of the
parish;
k) Supervises the religious and moral life of the
parishioners and then takes measures for the
uprooting of bad customs and debaucery by suitable
means, asking, in case of need, the help of the dean
and even of the Bishop.
I) Defends the authority of the Church and the
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honor of churche personnel;
m) Makes recommendations to the Diocesan
Council, through the deanery office, in regard to
parish business.
ART. 70. When certain members of the Parish
Assembly do not perform their duties, or act in the
best interests of the parish or properly administer its
property and do not execute the dispositions of
higher authorities, the Diocesan Council shall remove
them.
If the whole Council is dissolved, the Diocesan
Council temporarily creates a commission of five
members for the conduct of parish affairs.
The members removed have the right to appeal to
the central Church Council, within 14 days from the
receipt of the decision of the Diocesan Council.
Vacancies are filled in the Parish Assembly, called
no later than 30 days from the removal.
PARISH COMMITTEES
ART. 71. Besides the Parish Council, special
parish committees may be created such as:
a) A ladies auxiliary for the furnishing and
beautification of the churches and of church grounds;
for the help of the poor, the protection and help of
the sick and of the aged; and for the support of any
institution of public charity.
b) A school committee for the organization of a
parish school and for the provision of the school and
of the students with what is necessary for learning.
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c) A committee for the lay apostolate, for the
combat of various sects and faiths contrary to the
Orthodox Church and for the organization of youth
in a religious circle and a catechetical school.
d) Boy scouts.
e) Church choirs.
f) A cultural committee for the founding of
libraries, the sale of suitable literature, for the
organization of educational conferences and cultural
societies, etc.
ART. 72. The parish committees shall remain
under the supervision of the parish-priest, electing
their presidents, secretaries, and treasurers from their
ranks. At the end of every year they report to the
Parish Council on their activities. If these committees
are dissolved, their funds go to the parish fund.
THE PARISH BOARD OF TRUSTEES
ART. 73. The Board of Trustees administers the
parish property. It is elected for one year, from
among the most worthy members of the parish, who
give adequate guarantee, with all their property, that
they will be good administrators of the church and
parish property. They shall be confirmed by the
Diocesan Council. They may be re-elected.
ART. 74. The Parish Board of Trustees is made
up of three members: the treasurer, the first trustee,
the second trustee, and two auditors, who after
election take the following oath, before the priest and
the Parish Council:
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/
"In the name of the Holy Trinity:
"1 ....................... , elected and empowered to the
position of trustee (or auditor) of ............... , church,
declare that I oblige myself to administer with the
most perfect honor the movable and immovable
property of the parish and to work with all endeavor
for its preservation and increase, respecting all church
laws and regulations, as well as all the orders and
dispositions of the higher authorities. So help me
God."
The signature of the trustee (auditor), of the
parish priest and of the president of the Parish
Council follows.
ART. 75. After taking the oath, the trustees take
possesion of the parish property from the Parish
Council, along with the inventory, recording this in
the minutes.
ART. 76. The auditor receives all monies which
are collected by the first trustee for the parish, along
with a receipt; he deposits them weekly for safe
keeping in a suitable bank, and he administers them
according to the instruction of the Parish Assembly,
making payments by checks counter-signed by the
president of the Parish Council. He keeps records of
all income and expenses, and prepares a monthly
balance sheet.
ART. 77. The first trustee receives all member-
ship dues and fees, the income from collections and
candles, donations and any other income from the
parish, along with a numbered receipt, and gives,
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weekly, the sums received, to the trustee-treasurer,
from whom he receives a receipt, countersigned by
the priest.
ART. 78. The second trustee helps and
substitutes for the first trustee.
ART. 79. The trustee-treasurer as well as the first
trustee and president of the Parish Council shall be
bonded, as arranged by the Diocesan Council, for a
sum corresponding to the liquid assets of the parish.
ART. 80. Contracts, insurance policies, and all
the valuable papers of the parish are kept by the
treasurer and the first trustee in a safety deposit box
in a bank designated by the Parish Council.
ART. 81. The auditors are called to supervise the
entire administration of the movable and immovable
assets of the parish, checking the trustees as often as
they deem necessary, but at least every three months,
and giving the Parish Council a detailed report on the
state of the assets and recommending any measures
necessary. They must keep a register of audits, always
available to the dean or other auditing organ, when
the books are reviewed by the Board of Trustees.
The parish priest, responsible ex officio for the
proper function of all parish affairs, is also duty
bound to supervise on his part to proper adminis-
tration of parish assets and to tell the Parish and
Diocesan Council of any possible irregularities.
ART. 82. Members of the Board of Trustees and
auditors cannot be related closer than the sixth
degree by blood and the fourth by affinity.
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t//
ART. 83. The Board of Trustees is duty bound to
see that all the parish buildings, with all their
equipment and furnishings, are always covered by fire
insurance.
ART. 84. The Board of Trustees shall keep an
inventory, brought up to date annually, of all the
movable and immovable assets of the parish, which
they shall give to the Parish Council at the end of its
administration. The inventory is made in three copies,
of which one is kept in the parish ofice, one by the
Board of Trustees, and the other at the Diocesan
Council.
ART. 85. The Board of Directors spends nothing
not foreseen in the budget, without the authorization
of the Council or of the Parish Assembly.
It is concerned with the payment of salaries set
for the church personnel; it sends the donations and
contributions for diocesan institutions to the
Diocesan Council and at the end of the year presents
to the Parish Council a report on church income and
expenses, with all supporting documents, to be
checked and forwarded to the Parish Assembly for
verification. The verified accounts are forwarded by
the parish office, to the Diocesan Council for
approval.
ART. 86. The president of the Parish Council
represents the parish in all administrative and
financial affairs; he calls and presides at all sessions of
the Parish Council; he supervises the administration
of parish assets, and sees that both the members of
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the Council and the trustees do their duties promptly
and consciously. In session he shall strictly follow
parliamentary procedure, respecting the dispositions
and regulations in force. Along with the secretary he
signs all documents having to do with the
administration of parish assets, and countersigns
checks written by the parish treasurer, being
responsible to the prompt payment of all parish
obligations.
ART. 87. The vice-president assumes all the
prerogatives and responsibilities of the president, in
the latter's absence.
When the president refuses to call a necessary
meeting of the Parish Council, or asked for on the
basis of Art. 66 of this Statute, the vice-president
shall call it.
And when the vice-president shall refuse to call
the meeting, it shall be reported to the deanery
office.
ART. 88. The secretary, with the president, calls
all the meetings of the Parish Council and, together
with the parish priest those of the Parish Assembly,
and asists the priest with the work of the parish
office.
The secretary keeps a register with the minutes of
the meetings of the Parish Council entering them in a
bound register with the pages numbered and is
directly responsible for their proper editing; after
being notified by the Board of Trustees he promptly
reminds members who are behind in paying their dues
to the parish.
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THE FILLING OF PARISH VACANCIES
ART. 89. When the post of parish priest becomes
vacant, the Parish Council forwards the competition
through the deanery office, to the Diocesan Council,
for publication in the official organ of the
Episcopate, with a term of 30 days, specifying the
conditions, in conformity to the norms set.
Applications for the competition are sent to the
Diocesan Council with documents which prove the
qualifications of the applicant and, on their basis a
list of candidates is made, by the dean, with the
understanding of the Parish Council, meeting on the
eve of the election in special session for this purpose.
Applications received after the terminal date of
the competition, cannot be considered.
ART. 90. Applicants for the post of parish priest,
who have the required qualifications must be taken
from the candidates list in the order of their
qualifications and merits.
Rights earned cannot be changed.
ART. 91. The list of candidates, signed by the
dean or the delegate of the Diocesan Council and by
the members of the Parish Council, is presented to
the Parish Assembly, along with the minutes of the
meeting of the Parish Council. In case of misunder-
standing regarding the list of candidates, the election
is postponed until a decision by the Diocesan
Council.
ART. 92. The candidates cannot be present
during the election; and those who try to form
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factions, or make propaganda on the day of the
election, or try to corrupt the voters, shall be stricken
from the list of candidates, no longer having the right
to compete in this parish.
ART. 93. The electoral Parish Assembly shall be
held no later than 14 days from the termination of
the competition; it shall be called and presided over
by the dean or the delegate of the Diocesan Council.
ART. 94. When the post of parish priest cannot
be filled by the procedure outlined in Art. 89-93, the
Parish Council requests, through the deanery office,
the Diocesan Council to fill the post of parish priest
by appointment.
ART. 95. Once a priest is definetely elected or
appointed to the post of parish priest, he can be
removed only on the basis of a definite decision made
by a competent church judicial forum, after the
completion of a disciplinary inquest.
ART. 96. On the basis of the report of the
deanery office, the Diocesan Council appoints a priest
administrator for vacant parishes, for the duration of
the vacancy.
ART. 97. A parish becomes vacant by: a)
resignation, b) transfer, c) removal, d) disciplinary
dismissal, or e) death of the priest.
In such cases, the vacancy shall be filled, in
conformity with statuatory dispositions, in three
months at the most.
ART. 98. The removal can be disposed of by the
Episcopate Council in the interest of service.
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/
Dismissal is made on the basis of a final sentence,
brought forth by the competent forum in matters of
church discipline, on the basis of a documented
disciplinary investigation, which is introduced, at the
motivated request of the council, from the office, at
the proposal of the interested archpresbytery council
for transgressions and disciplinary misdeameanors
enclosed in Art. 175 of the present Statute.
ADMINISTRATION OF CHURCH ASSETS
ART. 99. In principle church assets cannot be
alienated. Exceptions to this principle are permitted
only when the vital interests of the Church justify
them and only when the closing of the transactions of
alienation brings the Church real benefits.
ART. 100. When a parish wants to sell a piece of
real estate, the Parish Council makes the decision,
which approved by the Parish Assembly with a
two-thirds vote, is forwarded, through the deanery
office, to the Diocesan Council, for approval.
ART. 101. With the approval of the Diocesan
Council, the sale of the real estate is made by the
Board of Trustees, at a public auction, during the
time announced (30 days), closing the legal contracts
of sale, of which one copy is sent to the Diocesan
Council, and another kept in the parish archives.
ART. 102. In case of the dissolution of a parish,
its total assets go to the central fund of the
Missionary Episcopate.
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I1. THE DEANERY
ART. 103. The Deanery, the intermediary organ
between the parishes and the Episcopate, is a number
of parishes headed by a dean. Parishes shall be
grouped into deaneries, according to their location
and circumstances.
ART. 104. The duties and rights of the deanery
are:
a) To annually inspect the parishes of the
deanery, the churches and their furnishings, church
buildings, registers, archives, and library, observing
the religious, moral, and social state of the
parishioners;
The result of the inspection shall be recorded in a
detailed memorandum and shall be entered in the
parish inspection register.
The memorandum shall be forwarded every six
months to the Diocesan Council, in care of the
Bishop, with a report and proposals.
b) To supervise and guide the pastoral, cultural,
and social activity of the priests;
c) To see that the order and dispositions of
higher authorities are carried out on time;
d) To see that vacant parishes do not suffer in
regard to the religious life;
e) To make a general report annually on the
entire church life of the deanery, presenting it to the
Deanery Assembly, then to the Bishop;
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t/x/,
f) To approve the vacations in the Episcopate of
the clergy of the Deanery, up to eight days a year;
g) To make proposals for the filling of parishes
left vacant by the death of priests, until they are
filled.
ART. 105. Candidates for the office of dean
must be graduates of Theology, or have finished a
theological institute or academy and have at least five
years of practical pastoral experience.
ART. 106. Everywhere that the need arises and
circumstances permit, the dean shall govern the
affairs of the deanery together with:
1. The Deanery Assembly; 2. The Deanery
Council, and 3. The Deanery Board of Trustees.
THE DEANERY ASSEMBLY
ART. 107. The Deanery Assembly is composed
of the parish priest and two lay members from each
parish of the deanery, elected by the electoral Parish
Assembly for three years, according to the electoral
procedure of the Parish Council.
ART. 108. The minutes of the electoral Parish
Assembly, regarding the election of members to the
Deanery Assembly, is forwarded through the deanery
office, to the Deanery Assembly for verification.
ART. 109. The election of members may be
contested by members of the Parish Assembly, within
eight days; the challenges are directed to the Deanery
Assembly.
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ART. 110. Persons elected as members of the
Deanery Assembly shall receive from the board of the
Parish Assembly, which elected them, a mandate
which shall have the following form and content:
MANDATE
We, the board of the electoral Parish Assembly of
the church of- ........................... , of the ....................
Deanery of the Romanian Orthodox Missionary
Episcopate in America, meeting in conformity with
the convocation of the Episcopate, dated ........
............. , No .................. , by which the electoral
parish assemblies were convoked for the election of
the members of the Deanery Assembly, proceeding in
conformity with the Dispositions of the Statute of
organization of the Missionary Episcopate, certify
that the Assembly elected .......................... and
.............................. , lay members of the Deanery
Assembly, for a period of three years, from ......
............. to ................, for which we have issued this
mandate.
Given in .................... , on ......................................
The Board of the electoral Parish Assembly:
President ............. Responsible Person .......................
Secretary ..............Responsible Person ........................
ART. 111. The representatives of the parishes are
divided into two groups, each verifying each others
mandates.
The Deanery Assembly is able to make valid
decisions, if it is found that half plus one of the
mandates of the members are valid.
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/
ART. 112. The Assembly is constituted, electing
from its ranks a secretary and a commission for
verifying its minutes and contested election docu-
ments, and makes recommendations to the Assembly
for the validation of contested mandates.
A challenge to the validation or annulment of a
mandate, may be addressed to the Diocesan Council
within 14 working days.
ART. 113. Questions which enter within the
competence of the Deanery Assembly are:
a) Church, cultural, and foundational adminis-
trative business regarding the deanery;
b) The election of the members of the Deanery
Council, of the personnel of cultural institutions
under the deanery, of the deanery trustees and of the
members of the deanery consistory, the latter with
the approval of the Bishop;
c) The promotion of the church, cultural, and
economic affairs of the deanery;
d) The examination of the deanery budget, made
and presented by the Deanery Council;
e) The examination of the annual administration
of the deanery;
f) The making of recommendations regarding the
founding or dissolution of parishes;
g) The allocation of dues for the needs of the
deanery.
ART. 114. The Deanery Assembly is held in the
first half of each year, after the meetings of the parish
assemblies of the deanery.
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It may also be called in extraordinary session, if
the dean, or half of the total membership, asks for it.
The consent of the Diocesan Council is needed
for the holding of an extraordinary deanery assembly.
ART. 115. The convocation of the Deanery
Assembly is made in writing by the dean, who is its
president by right, at least 14 working days before
the day set for it; he also includes the agenda of the
meeting.
ART. 116. The Deanery Assembly may make
valid decisions only if at least a majority of the
members, besides the president, take part in it.
ART. 117. Challenges to the decisions of the
Deanery Assembly may be addressed to the Diocesan
Council.
Challenges must be made at the session itself and
forwarded within 14 working days; after this date
they can no longer be considered.
THE DEANERY COUNCIL
ART. 118. The Diocesan Council is the executive
organ of the Deanery Assembly and conducts the
common business of the entire deanery in the realm
of church, cultural, and foundational administration.
Members of the Council are six (two priests and
four laymen) and are elected by the Deanery
Assembly, for three years, by majority vote. They can
be reelected.
Father and son, brothers, a father-in-law with
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son-in-laws and daughter-in-laws cannot be members
of the Council together.
ART. 119. The Council is constituted under the
presidency of the dean, on the day of the election,
and elects a secretary from its ranks.
ART. 120. The Council regularly holds three
sessions a year: in January, June and October, or if
necessary it shall meet in extraordinary session, called
by the dean, or requested by at least three members
of the Council in writing to the dean. The
convocation is made by the dean in his capacity as
president.
ART. 121. Valid decisions may be made only if
at least three members besides the president are
present; the decisions are made by the majority of
those present, and minutes kept in a register.
ART. 122. Challenges to decision shall be
forwarded to the Diocesan Council within 14 working
days, from the date of decision.
THE DEANERY BOARD OF TRUSTEES
ART. 123. Three trustees (one priest and two
laymen) who have the same circle of activity in the
deanery as the parish trustees have in the business of
the parish, shall be elected by the Deanery Assembly,
for three years, for the carrying out of the decisions
regarding the general financial business of the
deanery, as well as for the administration of funds
which are created for the entire deanery.
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THE DEANERY CONSISTORY
ART. 124. The Deanery Consistory is the first
forum of disciplinary judgment, in the deanery. It is
made up of two priests and two laymen, elected for
three years, by the Deanery Assembly and function
under the presidency of the dean. When a priest alone
is tried, only priests shall judge.
The Consistory settles and decides differences
which arise among church personnel, in regard to
extra fees, misunderstandings between parishioners
and priests, or in regard to the legal income of priest;
and b) debates and judges, according to judicial
procedure (Art. 175-177), church and disciplinary
questions, concerning priests and laymen, which the
Diocesan Council intrusts to it.
CLERGY CONFERENCE
ART. 125. The clergy of each deanery hold
pastoral conferences annually for:
a) The perfecting of the priests' serving;
b) The guidance of the priests in all areas of
parish works;
c) The discussion of question which concern the
church and the clergy;
d) The communication by outstanding priests of
the results of their pastoral activities to the young
and less experienced;
e) The completion and deepening of theological
knowledge;
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f) The perfecting of the priests as preachers and
confessors;
g) The combatting of deviation from the faith
which might arise and spread among the people.
ART. 126. The priests shall likewise be grouped
into missionary circles, to organize religious missions
among the people, with concelebration, sermons, and
inspiration suitable to awaken the religious con-
science and to renew the Christian life.
ART. 127. Similar conferences, with the same
purpose of professional perfection and progress shall
be held by the chanters of the deanery, under the
presidency of the dean or of his representative.
III. THE EPISCOPATE
ART. 128. The Romanjan Orthodox Missionary
Episcopate in America is the totality of the deaneries,
the monasteries and the parishes within the territory
of the United States of North America, Canada, and
South America, headed by a Bishop, their canonical
and legal leader elected by the Holy Synod of the
Autocephalous Romanian Orthodox Church, who is
by right and duty bound to work, directly and
indirectly, for the leadership of the priests, and the
promotion of the Christian life of the faithful, of the
parishes and of the monasteries.
ART. 129. The official title of the Episcopate is:
"The Romanian Orthodox Missionary Episcopate in
America."
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ART. 130. During a vacancy of the episcopal
throne, spiritual matters are taken care of by a bishop
Iocum tenens, designated by the Metropolitan of
Ungro-Vlahia; and current administrative business by
the Diocesan Council, guarding against any inno-
vation or change and taking measures, with the
understanding of the bishop Iocum tenens and with
the Metropolitan, that the election of the new Bishop
be made within three months.
ART. 131. The rights and duties of the Bishop
are:
a) To lead his Episcopate within the bounds
prescribed by the canons and norms in force;
b) To grant church dispensations for marriages
and to dissolve church marriages, after a divorce has
been granted by a civil court;
c) To be concerned with the progress of the
church life of the Episcopate and the normal function
of its organs;
d) In conformity with the canons, the Bishop
cannot be absent from the Episcopate, except in cases
when he takes part in the session of the Holy Synod
and the National Church Congress, or in other official
gatherings, but for longer periods, in any case, he
must obtain a leave from the Metropolitan;
e) To institute, among the titled priests, with at
least five years of pastoral experience, a church
examiner for the whole diocese, who shall inspect, on
the order of the Bishop, the deanery offices and all
the church organs of the Episcopate;
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/
f) To make canonical visits as often as possible in
order to directly guide, enlighten and comfort his
faithful. He reports to the Holy Synod and the
Church Congress on these visits;
g) In serious cases which demand urgent
intervention, to suspend, preventively, the guilty
from office, even before an investigation, which must
be held within 30 days, of his case has begun.
ART. 132. The Bishop has a vicar, with academic
titles or the equivalent, named by him from the
monastic or priestly clergy.
The Bishop designates the vicar's realm of
activity; therefore he can only conduct religious
services and affairs, which the Bishop entrusts to him.
ART. 133. The property of the episcopal
residence are administered by a steward, or by a
special commission, under the supervision of the
Bishop. The steward shall be responsible to the
Bishop for everything. He is also duty bound to
preserve the property of the episcopal residence
during a vacancy of the episcopal throne.
ART. 134. The archierarchical vestments and
paraphanalia are kept and cared for by the ecclesiarch
of the episcopal cathedral.
ART. 135. The Church canons forbid a bishop or
hierarchical vicar to celebrate divine services in a
foreign diocese, without the permission of the local
bishop.
ART. 136. The Bishop conducts the affairs of the
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Episcopate with the help of: 1 ) the Church Congress,
and 2) the Diocesan Council.
THE CHURCH CONGRESS
ART. 137. The Church Congress is composed of
the parish priest and two lay delegates from each
parish, within the Episcopate.
ART. 138. The delegates are elected in the
electoral Parish Assembly, for a period of three years,
in the same way as are the members of the Parish
Council. At the electoral assembly, only members
who have the right can take part; those who are not
members are forbidden to participate.
ART. 139. All members of the Parish Assembly,
on the membership roll of the parish, have the right
to vote.
The priest and deacon do not vote in the election
of the lay delegates, either for the Deanery Assembly
or for the Church Congress. Chanters vote.
ART. 140. Any Romanian Orthodox Christian,
who is on the electoral roll of a parish of the
Episcopate, can be elected as a delegate to the Church
Congress.
Persons elected must be from those with a good
name and obvious zeal for the interests of the
Church, unblemished and preferably from among
those who have given their moral and material
support to the Church. They may be re-elected.
ART. 141. The Board of the electoral Parish
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/
Assembly shall issue a mandate with the following
content and form, to one elected:
MANDATE
We, the Board of the electoral Parish Assembly,
from the Romanian Orthodox Church ...........
................ , city of ....................... , of the Romanjan
Orthodox Missionary EPiscopate in America, declare
that this Assembly, met on the date of- ............. , in
conformity with the announcement of the Episcopate
No .........., dated ..................., by which the electoral
Parish Assembly was called for the election of
delegates of the parish to the Church Congress,
proceeding in conformity with the statuatory
dispositions for the election and constituting of the
representative and executive organs of the Episco-
pate, have elected ............................ , as a lay delegate
of our parish to the Church Congress, and have
authorized him to take part in the debates of this
Congress and to contribute with his vote to the
making of the most salutary decisions in the best
interests of the Church, designed to regulate in a
uniform and obligatory way the activities of the
parishes of the Episcopate.
Given in .................. , and dated ...........................
President of the Assembly ....................................
Secretary of the Assembly ..................................
Men responsible:
ú ú ú . ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú ú . ú ú ú ú
ú ú ú ú ú ...ú úa ú ú ú ú ú ú ú ú úú ú ú úe ú ú. ú ú ú ú ú ú ú úa ú ,, ú
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ART. 142. The mandates shall be printed and put
at the disposition of the Board of the electoral Parish
Assemblies by the Diocesan Councilú
ART. 143ú If any delegate to the Congress is
Prevented from fulfilling his charge, he is obliged to
report this to the Bishop by wire, at least 24 hours
before the opening of the Congressú
ART. 144. Protests against the election of
.members to the Church Congress and Possible
:rregularities in the election, may be addressed to the
Congress within 14 working days of the electionú
Protests are sent by registered mail to the
Diocesan Council.
The Postal receipt is kept as proofú
ART. 145. After the Bishop or the Diocesan
Council has received all the minutes of the election,
with the names of the members elected to the
Congress, the Church Congress may be calledú
ART. 146. The Church Congress is held once a
year and is called by the Bishop, or in the case of a
vacancy, by the Diocesan Council, 15 working days
before the date set for it.
If necessary it can be called at any time in
extraordinary sessionú
ART 147. The President of the Church Congress
is the Bishop (or in case of impediment or vacation
his deputy)ú ,
ARTú 148. On the opening day of the Church
Congress a Holy Liturgy is celebrated in church with
- 141 -
/
the invocation of the Holy Spirit, with all the
members of the Church Congress taking part.
ART. 149. The president of the Congress opens
the session in church, or in an adequate place with an
address suitable for the moment and names the
temporary Board.
The secretary of the Diocesan Council puts the
files with the election results on the board table and
the president invites the members of the Congress to
give their mandates to the Board.
For verification the Assembly is divided into
three commissions, according to the alphabetical
order of the parishes. The first commission examines
the mandates of the second commission, the second
those of the third commission, and the latter the
mandates of the first commission.
The acts of the election of the delegates which
have been contested are put on the table of the Board
of the Congress and go to the organizational
commission for examination.
ART. 150. If it is established that half of the
mandates plus one were not contested, the Congress
is considered constituted legally and able to make
valid decisions.
ART. 151. After this it proceeds to the order of
business and the Board is constituted permanently,
electing three secretaries of which one has the title of
general secretary and has the responsibility of
preparing all papers and of putting them at the
disposition of the president of the Congress and of
- 142 -
the Board. The other secretaries take notes and help
the general secretary.
ART. 152. If it is established that a member of
the Church Congress is working against the interests
of the Episcopate, or of the Romanjan Orthodox
Church, the Congress can take disciplinary measures
against him, excluding him from one or more
sessions.
ART. 153. The following commissions are
elected for the entire three year period for the study
and preparation of various questions:
1) the organizational commission, 2) the church
commission, 3) the cultural commission, 4) the
economic-financial commission.
ART. 154. The organizational commission shall
be concerned with the verification of contested
elections as well as those which take place during the
period, making proposals to the Congress for the
validation, or invalidation of the mandates.
ART. 155. The Church organs and all those
persons who are guilty of proven irregularities in
connection with the election, shall be punished,
according to the measure of guilt, with disciplinary
punishments established by the Diocesan Council,
with the approval of the Bishop.
ART. 156. Members whose mandates have been
contested and given to the Board, have the same
rights as do the validated members, until the decision
of the Congress.
- 143 -
/
ART. 157. In the first session of the three year
cycle, besides the questions taken from the agenda,
the Church Congress shall proceed to:
a) the election of three representatives (one
clergyman and two laymen) as well as one clergyman
and one layman as alternates to the National Church
Congress of the Romanian fatherland;
b) the election of members of the Diocesan
Council, four priests and eight laymen;
c) the election of two priests~ among those best
qualified having if possible a knowledge of canon law
and jurisprudence, in order to make up the church
section, as a judicial forum, for disciplinary questions.
ART. 158. All elections of persons are made by
secret ballot.
Delegates of the Missionary Episcopate to the
National Church Congress may be elected either from
among the members of Congress or from outside the
Congress, who are recognized as having special merit
for the Church.
Those elected receive, on the part of the Church
board, a mandate signed by the president and
secretary of the Board.
ART. 159. All decisions made by the Church
Congress, are submitted to the Bishop for approval
and are then sent to the Diocesan Council for
registration and execution.
ART. 160. Decisions of the Church Congress,
which in the Bishop's estimation would harm the
interests of the Church or of the state, shall be sent
- 144 -
with a report showing cause, by the Bishop, within
one month, for debate by the National Church
Congress, which shall decide on them in the next
session, either approving them or annuling them.
ART. 161. The Bishop shall notify the
Metropolitan, the Patriarch of Romania, as the
President of the National Church Congress, of the
names of the delegates elected to the Congress.
ART. 162. The prerogatives of the Church
Congress are the following:
a)' The defense of the religious liberty and rights
of the Church, in the understanding of the laws of the
country and of the Statute of organization;
b) The examination of the general annual report
of the Diocesan Council regarding the progress of
Church life and affairs within the Episcopate and the
making of decisions in regard to what is to be done in
the future;
c) The debating of projects and proposals made
by the Diocesan Council and the taking of action on
them;
d) The study and the taking of measures
necessary for the raising of the cultural level of the
clergy and of the faithful within the Episcopate;
e) The study and the taking of measures
necessary for the discipline of Church organs and of
the faithful;
f) The taking of measures and the finding of
means for the cultural progress and education of
young people in a moral and religious spirit and the
- 145 -
ii
i
combatting of influence harmful to their life and that
of the faithful everywhere;
g) The founding of Church print shops for the
printing and the dissemination of books;
h) The aid of poor churches;
i) The ratification of the granting of scholarships
and other financial aid by the Diocesan Council for
the studies in view of a higher cultural preparation of
the cadre necessary for the Church and cultural
services of the Episcopate;
j) The care and supervision of the real property
and movables, of the goods and funds which belong
to the Episcopate, and the concern that all the
economic institutions of the Episcopate are making
progress, and that its material assets are correctly
ad m in i stered;
k) The making of decisions regarding the use of
the goods and funds of the Episcopate, in accordance
with their initial purposes;
I) The granting of permission for collections for
church, cultural, foundational, and charitable pur-
poses;
m) The making of the annual budget of the
Episcopate and of its institutions, as well as the
examination of their financial administration for the
year post;
n) The taking of the necessary measures for the
delimitation and founding of deaneries;
o) The appointment of the representatives of the
Diocese (one cleric and two laymen) to the National
Church Congress, from among its members, or the
faithful of the Episcopate and two alternates;
p) The election of the members of the Diocesan
Council, the Bishop having the right to approve.
THE DIOCESAN COUNCIL
ART. 163. The Diocesan Council is the executive
organ of the Church Congress and governs the
Church, cultural, and administrative affairs of the
entire Episcopate.
Members are called "diocesan counseliors" and
have a deliberative vote.
ART. 164. The Council can be divided into
separate sections as follows: a) the church section; b)
the cultural section; and c) the economic-financial
section.
The number of the counsellors shall be 12 in all:
four priests and eight laymen and namely the priest
shall comprise the church section and at the same
time two shall take part in the cultural section along
with four laymen, while two others with four laymen,
shall form the economic section. Each section shall
have a clerk, among whom the "Counselor-clerk"
shall be salaried, while the others shall be voluntary.
ART. 165. Members of the church section,
salaried and voluntary, are all ordained clergy,
members of the cultural and economic-financial
sections are one third clergy and two thirds laymen.
ART. 166. Both the counselor-clerk, as well as
- 146 - - 147 -
the voluntary, are elected by the Church Congress
and approved by the Bishop.
ART. 167. The counselor-clerk are permanent,
after a year of probation; voluntary counselors are
elected for three years, for the duration of the
electoral period; they can be reelected.
ART. 168. The president by right of the Council
is the Bishop, in his absence his Iocum tenens, or in
the absence of the latter, the senior counselor of the
clergy of the church section.
ART. 169. The Diocesan Council has a special
chancellary with a secretary, a salaried cleric, an
archivist and the number of employees necessary for
the work of the chancellary. The Council may also
have, according to need a legal expert, an architect,
and an iconographer for consultation regarding
special matters.
ART. 170. Each section can do the business
which belongs to it, independently, under the general
title of "Diocesan Council." All member shall be
called to the meetings of the section. Decisions
cannot be made, however, unless at least three
counselors besides the president are present.
When there is a tie vote, the president's vote is
decisive.
ART. 171. The prerogatives of the sections of the
Council are the following:
FOR THE CHURCH SECTION:
a) To see that the church services are performed
- 148 -
according to the rules and teaching of the Orthodox
Church;
b) To see that churches are built according to the
holy canons and in the style of the Orthodox Church;
c) To see that the churches are blest and
furnished with the sacred objects, icons, vessels,
lamps.and books necessary;
d) To see that the registers of baptisms,
marriages, and funerals are kept according to the
norms in force;
e) To see that the parish and deanery assemblies
carry out their duties according to the dispositions
contained in this Statute;
f) To enjoin the deans and priests to fulfil all
their duties conscientiously;
g) To supervise the moral conduct of the clergy
and of the faithful, in and out of church;
h) To judge in a special section, together with the
priests elected by the Congress, as the forum of the
second instance, clergy cases, in which the deanery
chair has judged as the first instance;
i) To make proposals both for the ordination of
the clergy and for the appointment and transfer of
priests, according to the norms of this Statute;
j) To care for the progress of schools for the
education of the clergy;
k) To be concerned with, and to endeavor to
found clergy hostels and social institutions, and along
with the economic section to make proposals in this
regard to the Church Congress;
- 149 -
review;
e) To recommend the financial and economic
administrative personnel;
f) To check the financial administration of the
deanery and parish trustees, to verify and approve
their annual accounts and the annual budget and to
discharge the organs entrusted with the adminis-
tration of responsibility for the parish and deanery
assets.
FOR ALL SECTIONS IN JOINT SESSION
a) Questions of principle;
b) Matters of mixed nature, which are submitted
by the president or one of the sections;
c) All matters which are referred to them for
resolution by the Church Congress, or by the
National Church Congress;
d) The publication of the decisions of the Church
Congress;
e) The taking of measures for the election of
members to the various church assemblies and organs
of the Episcopate;
f) The presentation of reports, projects and
regulation within its competence to the Church
Congress;
g) The election of the secretary of the Diocesan
Council, with the approval of the Bishop;
h) Matters referring to the organization of the
chancellory of the Council and the payment of the
employees of the Council;
- 151 -
Li
4. Obstinacy in fulfilling the duties of the office
and of religious duties, moral and material, to the
Church;
5. Abuse of office by corruption or bribe;
6. Opposition to, and an improper attitude
toward superior;
7. Unjustified leaving of office;
8. Intentional sabotage of higher authorities;
9. Improper administration, falsification of
public documents or the alienation of church
property;
10. The denunciation or slandering of superiors,
or of church corporation and organs;
11. Conspiracy and intrigue, openly or subversi-
vely, against Church integrity and constitution;
12. Corruption of elections or of complicity in it;
13. Violation of official secrets;
14. Scandalous behaviour in public and attitudes
which can compromise the official position of the
accused;
15. Condemnation by valid sentence by penal
tribunals, for ordinary crimes.
ART. 176. Those found guilty shall be punished:
a) For the offences mentioned under points 1-6,
with:
1. Admonition; 2. Reprimand (Confrontation);
or, 3. A fine of $10.00, according to the extent of
guilt. Punishment shall be given by the Diocesan
Council, on the recommendation of the Dean;
b) For the offences listed under points 1-15,
with:
1. A fine up to $100.00, or three months
suspension from office and benefits;
2. Removal from the post occupied;
3. Temporary or permanent exclusion from the
realm of church corporation;
4. Temporary or permanent exclusion from the
ranks of candidates for church services;
5. Unconditional expulsion, that is interdiction
for ever from performing church functions;
6. Exclusion of the layman from the ranks of the
members of the Church, defrocking of the cleric;
These punishments are given by the Diocesan
Council, on the basis of a permanent sentence,
handed down by a competent forum, following a
documented disciplinary investigation.
ART. 177. Unprosecuted offences are prescribed
in six months after their commital, and breaches of
discipline, if they do not involve an civil crime, are
condemned by civil penal court after three years. The
prescription -- normalized by the law of the Statute
do not oblige the Church, in the case that the act
committed by the guilty disqualifies him from the
fulfilment of priestly (sacred) or church functions.
ART. 178. No employee in the service of the
church may resort to a civil court of law, before the
church court has made a decision in his case.
ART. 179. He who in the course of three years
- 154 - - 155 -
has been punished three times in dispositions for
offences, in the case of repetition shall be prosecuted
for breach of discipline.
ART. 180. Decisions of judicial instances
(sentences) shall be executed by church organs. When
the execution of a sentence requires measures, which
do not fall within the competence of church
authority, civil forums shall be resorted to.
ART. 181. Judicial disciplinary forums are:
1. As forums of the first instance: the deanery
offices, as is foreseen in Art. 124 of this Statute.
2. As forums of the seconde instance: a) the
Diocesan Council, in cases where the deanery office
judges in the first instance; and b) the metropolitan
spiritual consistorY.
The church section of the Diocesan Council
completed by the two members elected by the
Church Congress deliberates in the cases involving
priests.
ART. 182. A disciplinary investigation is begun:
1. on the basis of private denouncement; 2. on the
request of the Parish Council; 3. from the office, on
the basis of direct observation, or 4. at the request of
four employees themselves.
Anonymous accusations, or those made under a
false name, shall not be taken into consideration.
Accusations which do not constitute offences or
breaches of discipline, shall be rejected with an
exhortation to the accusors and their enlightenment.
ART. 183. Before ordering an inquest, the
competent organ hears the accused and finding
sufficient grounds an investigation for the inquest,
listing the points of investigation and all the ways to
carry it out. In serious and urgent cases an inquest
can be ordered hearing the accusers before hand.
ART. 184. When necessity demands it, the
accused is suspended preventively, but not for a
period longer than three months. The defendent may
appeal the suspension, but the appeal does not hinder
its execution. The detention of an employee, ordered
by civil authorities automatically causes him to be
suspended from his position.
The suspension is rescinded if, in the course of
the investigation, it is proven that it was not
sufficiently motivated, or he is acquitted or receives a
lesser punishment.
ART. 185. The inquest is made in a way
generally used by a court, with testimony from the
accused, the witnesses, the plaintiff and the objective
examination of the evidence available. The whole
procedure is recorded in the presence of two other
reliable men, who are acceptable to the accused, in
the minutes, which shall be signed, after they are
read, by the accused, the witnesses and the reliable
men. If the accused refuses to sign, this fact shall be
entered in the minutes.
After the investigator has finished the inquest he
shall make a report and within eight days, forward it,
together with the minutes, to the legal advisor of the
Diocesan Council who examining the case, within 14
- 157 -
- 156 -
days makes his recommendation for the suspension of
the action, the completion of the investigation, or the
charging or punishment of the accused in a legal way,
according to the type of case. The accusation is
communicated to the accused, who can answer it
within 14 days. After this period the judicial forum,
in session, pronounces on the case in point.
ART. 186. The accused can defend himself alone
or with his legal representative, in any judicial forum,
a cleric with an ordained priest, a layman with his
lawyer. Both the accused and the accuser can have
their representatives.
ART. 187. The judicial forum in session hands
down a sentence of guilty and the measure of
punishment; or if innocent and of the acquittal of the
accused, based on the evidence.
By acquittal, the accused completely regains his
rights and is completely rehabilitated.
An appeal by the accused, the legal advisor, or by
the accuser is allowed within 14 days from the
handing down of the sentence (dated from the time
of the postmark.) The appeal may be based on the
form of procedure or on the merit of the case.
A plea under the same conditions is also
admitted, where it has a place, but without the right
of opposition.
The appeal and the plea made after the deadline,
are rejected, and the decision shall remain final.
ART. 188. On the basis of new evidence, a retrial
may be requested in one year, by the original court.
- 158 -
The retrial uses the same procedure.
ART. 189. Those who are related by blood,
within six degrees, or by marriage or adoption within
four degrees, and those who are estranged from the
accused, cannot be judged. This also applies to the
investigator, the witnesses, the defendents, the
representatives, or those who have judged the case at
a lower instance.
ART. 190. The Bishop, for church violations,
shall be judged, as the first and last instance, by the
Holy Synod; and for civil and political offences by
the competent civil court.
CONCLUSION
ART. 191. This Statute went into full effect on
July 4, 1935, for all parishes within the area of the
Romanian Orthodox Missionary Episcopate in
America and supercedes various statutes used up until
now by the parishes.
Detroit, Michigan, from the Church Congress of
the Romanjan Orthodox Missionary Episcopate in
America, held on July 5, 1935.
? Bishop POLlCARP
President
Archpriest John Trutia Priest John Stanila
Reporter General Secretary
- 159 -
Approved by us for our Episcopate.
Detroit 3, Michigan, July 4th, 1951
in the session of the Congress
t Bishop ANDREI MOLDOVANU
of the two Americas and Canada
..... ,,,,_,,,,,,,,_J~,,,,~,------------------
NOTE: Translated from Romanjan by the V.
Rev. Protos Jerome L. Newville, "St. James
Romanian Orthodox Hermitage," Prairie Farms,
Wisconsin.
AUTONOMY
OF THE ROMANIAN ORTHODOX MISSIONARY
ARCHDIOCESE IN AMERICA AND CANADA
Decision No. 14079 of the December 12th, 1974,
granted by the Holy Synod of the Romanjan
Orthodox Church, Bucharest, Romania.
YOUR EMINENCE:
With brotherly love We inform you that in its
working session of December 12, 1974, the Holy
Synod of the Romanian Orthodox Church took into
consideration your official letter No. 219/1973
regarding the decision of the Annual Congress of your
Archdiocese of July 21, 1973 with regards to the
elevation of the Romanian Orthodox Missionary
Episcopate in America to the rank of Archdiocese.
In view of the fact that the decision was taken by
your Church Congress in relation with the necessities
stemming from the inner religious life of your
Diocese, and as a consequence of the decision of the
Holy Synod of the Romanian Orthodox Church of
June 11, 1973, by which Your Eminence was granted
the rank of Archbishop.
Taking into account the canonical rules and
traditional practices in Orthodox Churches regarding
the administrative organization of the dioceses
according to the rank held by their heads.
Following the debates which took place as well as
the explanations given by His Beatitude Patriarch
Justinian, and the proposal made by the Canonical,
Juridical and Disciplinary Commission, the Holy
Synod decided:
-- It acknowledges the decision made by the
Annual Church Congress of the Romanian Orthodox
Missionary Episcopate in America held on July 21,
1973, and approves the elevation of that Diocese to
the rank of Archdiocese, with the official title "The
Romanian Orthodox Missionary Archdiocese in
America."
-- It recommends to the Church Congress of the
Romanian Orthodox Missionary Archdiocese in
America to proceed to amend the Statutes for the
organization of that Archdiocese, in which the
establishment of a post of Auxiliary Bishop could be
provided.
- 160 - - 161 -
At the same time and in the same session, the
Holy Synod of the Romanian Orthodox Church took
into consideration your official letter No. 163/1973
as well as the V. Rev. Archimandrite Bartholomew
Valeflu Anania's report of December 10, 1974, both
regarding the issue of the autonomy of the Romanian
Orthodox Missionary Archdiocese in America.
The Plenary Holy Synod, noting that it is
necessary that the decision of the Permanent Synod
of the Romanjan Orthodox Church of July 12, 1950
which defined at that time the status of autonomy of
the Romanjan Orthodox Missionary Episcopate in
America be completed and reformulated, so that
decision be adjusted to correspond to the structure of
the Diocese which was elevated to the rank of
Archdiocese;
Taking into consideration Your Eminence's
proposals in the letter No. 163/1973 as well as those
in the V. Rev. Archimandrite Bartholomeu Valeriu
Anania's report of December 10, 1974;
Following the proposal made by the Canonical,
Juridical and Disciplinary Commission, the Holy
Synod decided:
- The Romanian Ortodox Missionary Arch-
diocese in America is and remains an autonomous
diocese.
- The Holy Synod of the Romanjan Orthodox
Church, based on the Permanent Synod's decision of
July 12, 1950 as well as on the Most Rev. Archbishop
Victorin's official letter No. 163 of June 8, 1973
- 162 -
recognizes and renews that status of autonomy as
follows:
1. The jurisdictional territory of the Romanian
Orthodox Missionary Archdiocese in America on
Orthodox parishes with members of Romanian origin
- or associated by religious faith or affiliation --
encompasses the United States of America, Canada,
South America and Pacific Area.
2. The Romanian Orthodox Missionary Arch-
diocese in America is governed by its own Statutes
and By-Laws, without any interference from outside,
having to maintain canonical, dogmatic and spiritual
ties with the Holy Synod of the Romanian Orthodox
Church - from which it receives the Holy and Great
Chrism -- according to the Holy Canons and to the
hierarchical structure of the Eastern Orthodox
Church.
3. The Archbishop is elected by the Church
Congress of that Diocese, composed of the clergy and
lay delegates of the parishes, according to the
provisions set forth in the Statutes of the Archdiocese
as well as in the laws of the United States of America
on whose territory the Archdiocese has its head-
quarters.
4. The local Church Congress is the authority
that proposes to the Holy Synod of the Romanian
Orthodox Church to confirm the election as well as
to elevate the newly elected (Archbishop) to the
hierarchical level, in the event that he does not
already have it.
5. The spiritual authority of the Archbishop
- 163 -
derives from that of the Holy Synod of the Romanian
Orthodox Church, which grants him investiture
through Patriarchal Gramata in public and ceremonial
fash ion.
6. The Archbishop together with the legislative,
executive and disciplinary organs of the Romanian
Orthodox Missionary Archd~ocese in America rules
the Diocese in a self-governing way, having the right
and the liberty to appoint priests, deans, counselors
and employees, to grant Church distinctions and
ranks, to apply punitive sanctions, to have an
innerself economical and financial administration, to
publish on the account of the Archdiocese magazines,
periodicals, bulletins, almanacs, books of religious
ritual and education, to supervise and rule all the
ecclesiastical and cultural activities of the parishes.
7. The Archbishop is a rightful member of the
Holy Synod of the Romanian Orthodox Church, with
the right to vote on matters concerning his Diocese.
The Holy Synod's positions or decisions regarding the
relationship between the Romanian Orthodox Church
and the Romanjan State are not obligatory for the
Archbishop of the Romanian Orthodox Missionary
Archdiocese in America nor for the priests and
faithful under his jurisdiction, all of them living in
countries with political and social systems different
from that of Romania.
8. The parishes of the Romanjan Orthodox
Missionary Archdiocese in America are owners DE
JURE and DE FACTO of the personal and real
property they posses, having to administer them in
- 164 -
conformity with the Statutes of the Archdiocese as
well as with the laws of the respective states. The
Romanian Patriarchate does not claim any rights of
personal or real property on the parishes within the
jurisdictional territory of the Romanian Orthodox
Missionary Archdiocese in America.
9. The Romanjan Orthodox Missionary in
America enjoys the right to establish and maintain
inter-Orthodox, inter-Chriatian and ecumenical rela-
tionships with the religious organizations on its
jurisdictional territory, having to observe the
dogmatic teaching and canonical rules of the Holy
Eastern Orthodox Church. Its Archbishop is the only
Hierarch invested with the authority to represent it
canonically and legally.
10. In order to be aided in his leadership
activities, the Archbishop may have an Auxilliary
Bishop. This one enjoys the right to be honored
according to his rank and is, as the Archbishop, a
member of the Holy Synod of the Romanian
Orthodox Church. The Auxiliary Bishop to be is
recommended by the Archbishop in agreement with
the Archdiocesan Council. The procedure for his
confirmation and his elevation to the Hierarchical
level is the same as for the Archbishop with the
exception that he is installed by the Archbishop.
-- The Holy Synod recommends that the
Romanian Orthodox Missionary Archdiocese in
America take into account all the above in amending
its Statutes.
- 165 -
Bringing to Your Eminence's knowledge all the
above for their implementation, we brotherly
embrace you in our Lord Jesus Christ.
President of the Holy Synod
tJUSTINIAN
Patriarch of the Romanian
Orthodox Church
Secretary of the Holy Synod
t Bishop ANTONIE PLOIESTEANUL
Patriachal Vicar
AMENDMENTS OF THE STATUTE
OF THE MISSIONARY EPISCOPATE OF 1935
NAME AND LEGAL STATUS
ART. 1. The name of the church organization is:
THE ROMANIAN ORTHODOX MISSIONARY
ARCHDIOCESE IN AMERICA AND CANADA.
The Romanjan Orthodox Missionary Archdiocese
includes under its canonical jurisdiction parishes,
missionary parishes, monasteries, deaneries, churches,
and theological institutions, along with their church,
cultural, and educational auxiliaries and institutions
and all Christian Orthodox of Romanjan origin or
affiliated through religious faith or blood rela-
tionship, within its jurisdictional territory of the
United States of America, Canada, South America,
and the area of the Pacific.
- 166 -
The Archdiocese is a constituent part of the
Romanian Orthodox Church and maintains a unity of
Dogmatic faith and Canonical discipline with the
Holy Synod of the Romanian Orthodox Church in
conformity with Decree No. 10219, dated November
1, 1930, of the Holy Synod of the Romanjan
Orthodox Church and decisions of the Permanent
Synod of July 12, 1950 and of the Plenary Holy
Synod of December 12, 1974, sent to the office of
the Archdiocese by letter 14079/1974, of January
28, 1975.
Within the framework of the civil laws of the
States and Provinces of the territory in which the
Archdiocese exercises its church jurisdiction, the
Romanian Orthodox Missionary Archdiocese repre-
sents the Romanjan Orthodox Church in America and
is organized in conformity with the legal provisions of
Religious Corporations on the basis of an official act,
the Charter of a "nonprofit corporation" granted for
the right of functioning in the United States and
Canada.
ART. 2. The official language of the Archdiocese
and its constituent parts is the Romanian language
and the official languages of the States and Provinces
within their jurisdictional territories.
THE HOLY SYNOD
ART. 3. The Holy Synod of the Romanian
Orthodox Church is the highest authority in matters
of the teaching of Dogmatic faith and of Canonical
- 167-
discipline, in conformity with the provisions of the
Holy Church Canons and the hierarchical structure of
all the Patriarchares and Autocephalous Churches of
the East, and of the decree of Ecclesiastical
Autonomy given to the Archdiocese by the Holy
Synod of the Romanian Orthodox Church on
December 12, 1974, paragraphs 1-10, as follows:
THE ROMANIAN ORTHODOX MISSIONARY
ARCHDIOCESE IN AMERICA IS AND REMAINS
AN AUTONOMOUS DIOCESE:
1. The territorial jurisdiction of the Romanian
Orthodox Missionary Archdiocese in America over
Orthodox parishes with parishioners of Romanjan
origin, or affiliated by religious faith or relationship,
includes the United States of America, Canada, South
America, and the area of the Pacific.
2. The Romanian Orthodox Missionary Arch-
diocese is governed by its own Statute and Bylaws
without any interference from abroad, having to
preserve its canonical dogmatic and spiritual ties with
the Holy Synod of the Romanian Orthodox Church,
from which it receives the Holy and Great Chrism, in
conformity with the holy Canons and with the
hierarchical structure of the Orthodox Church of the
East.
3. The Archbishop is elected by the Church
Congress of this Diocese, composed of clerical and lay
delegates of the parishes, in conformity with the
provisions of the Statute of the Archdiocese, and in
conformitY with the laws of the United States of
America, in whose territory it has its central
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headquarters.
4. The local Church Congress is the authoritY
which proposes to the Holy Synod of the Romanjan
Orthodox Church the confirmation of the election, as
well as the elevation of the newly elected to the rank
of hierarch in the case that he does not already have
this rank.
5. The spiritual authoritY of the Archbishop
derives from that of the Holy Synod of the Romanjan
Orthodox Church, which grants him investiture by
Patriarchal Gramata, on a public and solemn
occasion.
6. The Archbishop, together with the executive
and disciplinary organs of the Romanjan Orthodox
Missionary Archdiocese in America, governs his
Diocese independently, having the right and libertY to
designate priests, deans, counselors and employees, to
give ecclesiastical honors and ranks, to enforce
disciplinary sanctions, to have his own economic and
financial administration, to edit journals, newspapers,
bulletins, yearbooks, and books for worship and
religious education for the Diocese, to supervise and
guide the entire church and cultural activity of the
parishes.
7. The Archbishop is a member by right of the
Holy Synod of the Romanian Orthodox Church, with
the right to vote on the problems that concern his
Diocese. The positions or decisions of the Holy
Synod in regard to relations between the Romanian
Orthodox Church and the Romanian Government are
not obligatory for the Romanian Orthodox Mis-
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sionary Archdiocese in America nor for the priests
and faithful under its jurisdiction, the latter living in
countries with political and social systems different
from that of Romania.
8. The parishes of the Romanjan Orthodox
Missionary Archdiocese in America are the owners by
right and in fact of the movable and immovable
property which they hold, having to administer them
in accordance with the Statute of the Archdiocese
and with the laws of the respective states. The
Romanian Patriarchate does not claim rights to the
movable or immovable property of the parishes
within the jurisdictional territory of the Romanjan
Orthodox Missionary Archdiocese in America.
9. The Romanian Orthodox Missionary Arch-
diocese in America enjoys the right to establish and
to maintain inter-Orthodox, inter-Christian, and
ecumenical relations with religious organizations
within its jurisdictional territory, having to respect
the dogmatic teaching and the canonical order of the
Holy Orthodox Church of the East. The Archbishop
is the only hierarch invested with the authority to
represent it canonically and legally.
10o In support of his activities as executive, the
Archbishop may have a Vicar Bishop. He enjoys the
right of honor suitable to his rank and is, as the
Archbishop, a member of the Holy Synod of the
Romanjan Orthodox Church. The Vicar Bishop to be
is recommended by the Archbishop, in understanding
with the Diocesan Council. The procedure for his
confirmation and elevation to the rank of Bishop is
the same as that provided for the Archbishop, with
the difference that his installation is made by the
Archbishop.
ART. 4. The legislative forum and administrative
center of the Archdiocese is the annual Church
Congress which has the authority to establish
administrative laws and regulations for the Arch-
diocese and its affiliated institutions, binding on the
whole Diocese in conformity with the Canons of the
Eastern Orthodox Church and the provisions of the
Constitutions and laws of the States and Provinces
within its jurisdictional territory.
The Church Congress of the Archdiocese is
composed of the Archbishop, the Diocesan Vicars
and the clergy of the Diocesan Center and all priests
of the parishes, parish missions, monastic and
theological institutions and two lay delegates from
each parish or parish mission elected by the parish
council from among Orthodox faithful, members of
the parishes or religious institutions which they
represent, for a term of three years, and two official
delegates of the auxilliary organizations approved by
the Archdiocesan Council.
POWERS OF THE ARCHDIOCESE
ART. 5. According to canon law and in
conformity with the laws of the countries within
whose territory the Archdiocese exercises its
jurisdiction, it regulates, governs, and administers,
through its own forums and with the approval of the
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Diocesan Council and the Archbishop, all its church,
religious, cultural, and financial activities as follows:
a) It administers, guides, governs, and supervises
the religious-spiritual life of the parishes, parish
missions, institutions of theological and religious
education, of the ladies auxiliaries and of the youth
organizations.
b) It employs and pays the personnel of the
Archdiocese: the Archbishop, Vicar Bishops, coun-
selors, parish priests, and missionaries, deacons,
professors and teachers, choir directors, cantors and
administrative personnel and house staff.
c) It prints, publishes, and distributes books,
newspapers, bulletins, and literature of any kind for
the religious and moral education of its faithful in
conformity with the teaching of the Orthodox
Church.
d) It supports any kind of social gathering, fund
raising dinners, festive concerts, and any kind of
cultural programs of its members, given for the
benefit of the Archdiocese or of the parishes and of
the institutions of the Archdiocese and any kind of
acts of Christian charity.
e) It solicits, accepts, and receives donations,
legacies, gifts left by testament or otherwise, any kind
of movable or real property, including sums of money
which it holds and uses in accordance with civil law
and the provisions of the present Constitution.
f) It holds, handles, and administers through sale,
conversion, or any kind of trade, real or movable
property of the Diocesan Headquarters, incidental
and which contributes to the attainment of the
highest interests of the Archdiocese, by decision of
the Archdiocesan Council and the approval of the
Archbishop in office.
g) It borrows money and obtains for the
Archdiocese bank credit, for any period of time,
makes and gives notes, drafts, acceptances, instru-
ments of guaranty, agreements, and any other
obligations of the Archdiocese, by decision of the
Archdiocesan Council and with the approval of the
Archbishop.
h) It guaranties for interest, promisory notes or
transfers, and gives, for money borrowed or credit
obtained, stocks, bonds, instruments, acts, bills
received, morgage accounts, goods for sale, invoices
for goods delivered as well as other documents,
certificates, insurance policies or other present or
future properties held by or belonging to the
Archdiocese, with full authority to sign, transfer, or
guarantee any of these in the name of the
Archdiocese.
i) It establishes and administers, on the basis of a
subsidiary organization, a pension fund for the clergy.
and their families, cantors, and choir directors, as well
as for the entire personnel employed by the
Archdiocese.
THE ELECTION OF THE ARCHBISHOP
ART. 6. The Romanian Orthodox Missionary
Archdiocese in America and Canada is governed by an
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- 173-
ArchbishoP, elected by the Church Congress of the
Archdiocese, confirmed and invested by the Holy
Synod of the Romanjan Orthodox Church. The
Archbishop bears the title of Archbishop of the
Romanian Orthodox Missionary Archdiocese in
America and Canada and is a member by right of the
Holy Synod of the Romanian Orthodox Church.
Election of the Archbishop is made by secret
ballot by the clergy and lay delegates of the Church
Congress of the Archdiocese, convoked especially for
this purpose, with at least 2/3 of the total members
of the Congress present and with a 2/3 majority of
the number of delegates present.
Candidates for the election of Archbishop must
be clergy of Romanjan origin with a tenure of at least
five years in the ranks of the church or monastic
clergy with theological studies equivalent to that of
the Eastern Orthodox Church and qualified for the
rank of Bishop according to all canonical require-
ments of the Holy Orthodox Church.
The Church Congress proposes to the Holy
Synod of the Romanjan Orthodox Church the
confirmation of the election, as well as the elevation
of the newly elected to the rank of Bishop, in case he
does not have that rank.
The ordination of the newly elected by the
Church Congress and confirmed by the Holy Synod
shall be carried out according to canonical procedure
by at least three canonical Orthodox bishops,
delegates of the Holy Synod of the Romanjan
Orthodox Church and preferably in a church under
the jurusdiction of the Archdiocese.
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As a member of the Holy Synod, the new
Archbishop receives the hierarchical staff and
Grammata of canonical investiture on the part of the
Patriarch of the Romanian Orthodox Church, as
president of the Holy Synod and is officially installed
by him or his delegate.
CONSTITUENT PARTS OF THE ARCHDIOCESE
ART. 7. The constituent parts of the Archdiocese
are: 1. The Parishes and Parish Missions; 2. Deaneries;
3. the Monasteries and monastic religious institutions;
4. the Theological Institutions; and 5. the Arch-
diocese as Diocesan Center.
Each constituent part of the Archdiocese
regulates, governs, and administers all of its affairs
independently of the other constituent parts of the
same grade and participates, through its repre-
sentatives, in the main business of the Archdiocese
through its representatives in the Church Congress.
a) Parishes exercise this right of theirs by their
organizing into a church corporations and the
decision of empowered members who make up the
Parish Council, with the majority of two thirds of the
votes and the approval of the Archdiocesan Council
and of the Archbishop;
b) Deaneries, Theological Institutions and the
Archdiocese, through clerical and lay representatives
of their constituent parts in the proportion of one
third (1/3) clergy and two thirds (2/3) laymen as
delegates designated by their general meetings.
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ART. 8. (The same as that of the Constitution of
1935 with the change of the title from "Diocese" to
"Archdiocese.")
Every parish has a parish meeting.
Every deanery has a deanery meeting.
The Diocese has a Church Congress.
The constituting of these assemblies is made for
one year for the parish, and three years for the
deanery and the Diocese.
For the management and administration of its
affairs, each of these assemblies elects as its executive
organ a council, the parish for the period of one year,
and the deanery and the Diocese for three years.
The way of constituting and the functioning of
these representational assemblies and executive
councils shall be the same for the whole Diocese.
ARCHDIOCESAN EXPENDITURES
ART. 9. Expenditures for the upkeep of the
parishes and of their personnel are covered by funds
created through annual or occasional contributions of
the faithful, parishioners, builders and sustainers.
The expenditures of cultural institutions which
are self-supporting are covered by their own material
income, as well as contigent allocations from the
central fund of the Archdiocese, approved by the
Archdiocesan Council and the ArchbishoP.
The expenditures of institutions of theological
and religious education, as well as those of the
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Archdiocesan Center, are covered by funds created
through contributions from the constituent units of
the Archdiocese and of their auxiliaries, according to
the decisions of the Archdiocesan Council ratified by
the Church Congress, and also from goodwill
offerings of the Sustainers and Benefactors of the
Archdiocese.
PROPERTY AND INVESTMENTS
ART. 10. (The same as that of the 1935
Constitution of the Episcopate, with the change of
the title from 'Episcopate" to "Archdiocese," and
the elimination of the words from line 10, "the
Episcopate alone or in partnership with archpres-
byteries and parishes.")
In the case of the dissolution of any constitutive
part (parish, parish mission, monastery or institution
of culture or of theological education) its property,
after the payment of all debts, shall go to the
religious institutions of the Archdiocese, which enjoy
the privileges of Non-profit Church Corporations in
the same State of the United States of America, or in
the same Province, in Canada.
In case of the dissolution of the Archdiocese,
after the payment of all debts, the property of any
kind, with the exception of sacred goods and objects,
(Art. 10) shall become the property of other church
corporations which enjoy the privileges of church
corporations on the basis of the decision of the
Archdiocesan Congress at the time of the decision of
the dissolution of the Archdiocese, with a two thirds
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vote. In case that the Congress shall not reach any
legal decision, the civil court in the locality in which
the properties, material goods, and funds of the
Archdiocese are located, shall decide.
RELIGIOUS TEACHING
ART. 11.(The same as that of the 1935
Constitution of the Episcopate, with the change of
the words "Episcopate Council" into "Diocesan
Council"; and the words: "...will be done by the
missionary parties of the Episcopate" into: "...will be
done by parish priests and missionary priests of the
Archdiocese.)
Each parish has the obligation to take care of the
religious education of its faithful.
The Archdiocesan Council shall regulate the
uniform catechetical instruction of school children,
of youth, and of church cantors, and shall organize
schooling for the formation of the clergy.
In hospitals, orphanages, correctional insti-
tutions, and prisons, the care of Christian Orthodox
shall be assumed by missionary priests of the Arch-
diocese.
THE LEGAL POWER OF THE CONSTITUTION
ART. 12. (The same as that of the 1935
Constitution of the Episcopate, with the change of
the word "Episcopate" into "Archdiocese.")
This Statute -- composed by legal representatives
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of the parishes, gathered in the Church Congress,
being approved by the National Church Congress and
by the Holy Synod of the Romanian Orthodox
Church and recognized by General Charter of the
governments of the states, on the territories of which
the Romanian Orthodox Missionary Archdiocese is
extended and carries on its activities, is and remains
obligatory, with the power of law, for all Romanjan
Orthodox Christians, for the Romanian Orthodox
churches and parishes in the respective states.
THE LEGAL POWER OF
THE STATUTE AND ITS AMENDMENT
ART. 13. (The same as that of the 1935
Constitution of the Episcopate) with the following
addition:
"The amendment of the Constitution for
administrative procedures, required by the laws of the
States and Provinces in which the Archdiocese has its
ecclesiastical jurisdiction, shall go into effect
immediately after the decision of the Church
Congress, with the approval of the Archbishop.
Amendments referring to the canonical and church
organization which would contradict the provisions
of the Decree of Church Autonomy granted by the
Holy Synod of the Romanian Orthodox Church, shall
go into effect only with the approval of the Holy
Synod of the Romanian Orthodox Church, at the
proposal of the Archbishop of the Romanjan
Orthodox Missionary Archdiocese in America and
Canada.
- 179 -
The dispositions included in the Statute cannot
be amended except by the Church Congress,
especially convened for this purpose 30 days in
advance, and with a two thirds majority of its
members.
The amendment of the Statute is valid only with
the approval of the Holy Synod.
ART. 14. The Romanian Orthodox Missionary
Archdiocese in America and Canada is the sole
canonical and legal church authority empowered to
recognize the church institutions of Christians of
Romanian origin within its jurisdictional territory,
the right to use the expression: "Romanian
Orthodox" as title of identification with the
understanding of being in canonical and church
communion and intercommunion with the Romanian
Orthodox Church and the Orthodox Church of the
East, which have their canonical jurisdictions in
North and South America.
THE STANDARDS OF FUNCTIONING
for the constituent parts of the Romanjan Orthodox
Missionary Archdiocese in America and Canada
(Articles 1-191 ).
All the articles in which the words 'Episcopate,"
'Episcopate Council," or "of the Episcopate," or
'Romanjan Orthodox Missionary Episcopate in
America," shall be amended to: ARCHDIOCESE,
DIOCESAN COUNCIL, and THE ROMANIAN
ORTHODOX MISSIONARY ARCHDIOCESE IN
AMERICA AND CANADA.
ART. 63, PARAGRAPH 3. Election of the
members of the Parish Council as well as the trustees
and auditors may be held in the following ways: -
will be amended as follows:
Election of the members of the Parish Council, as
well as of the President of the Parish Council, Vice
President, Secretary, and also of the Trustees and
Auditors, may be held in this following ways:
ART. 65, PARAGRAPH 5. (This paragraph is not
aPPlicable because of the ART. 63, PARAGRAPH 3
AMENDMENT, made and approved by the Annual
Church Congress held in Worcester Mass., on July
5th, 1980.) '
ART. 102. In case of the dissolution of a parish,
after the Payment of all debts, the remaining material
goods and properties, shall go to another religious
institution of the Archdiocese in the respective State
or Province which has the right to be exempt from
federal taxes, in the United States of America
"Section 501 (c) (3) of the Internal Code of 1954,"
and in Canada.
If the Archdiocese has no other religious
institution with the same rights in the respective State
or Province, the goods remaining shall go to another
Romanjan Orthodox organization in conformity with
the decision which the Supreme Court of the
respective State or Province shall make, which shall
work in conformity with the same interests as the
corporation which has been dissolved.
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Likewise all the articles which contain regulation
provided for in the first 14 articles of the
Constitution shall be amended in the sense of the
amendments approved.
APPROVAL OF THE STATUTE'S AMENDMENTS
The Holy Synod of the Romanian Orthodox
Church has approved the new amendments of the
Romanjan Orthodox Missionary Archdiocese in
America and Canada, according to the Synodal
Decision No. 10728/1978, February 13, 1979.
YOUR EMINENCE:
With brotherly love, we inform you that in the
working session of December 12, 1978, the Holy
Synod of the Romanian Orthodox Church considered
the communication of your Eminence, No.
192/1978, regarding the amendments made of in the
Statute of the Romanjan Orthodox Missionary
Archdiocese in America and Canada.
Taking into account that the respective changes
were decided by the Church Congress of the same
Archdiocese, in connection with the necessities
arising out of the religious life of the Diocese itself;
Having in view the canonical procedure and
common practice in the Orthodox Churches in regard
to the administrative organization of the Dioceses;
- 182 -
Following the discussions which took place on
the problem in cause, at the proposal of the
Canonical, Juridical, and Disciplinary Commission,
the Holy Synod decided that:
It takes note of letter No. 192/1978 of His
Eminence Archbishop Victorin regarding the amend-
ments made to the Statute of the Romanjan
Orthodox Missionary Archdiocese in America and
Canada.
It is in accord with the amendmends made to the
Statute of the Romanian Orthodox Missionary in
America and Canada with the recommendation that is
considered timely that some of the articles be
reformulated in the following way:
ART. 4. "The legislative forum and adminis-
trative center of the Archdiocese is the annual Church
Congress which has the authority to establish
administrative laws and regulations for the Arch-
diocese and its affiliated institutions, binding on the
whole Diocese in conformity with the Canons of the
Eastern Orthodox Church within the limitations of
the provisions of the Statute of the Romanjan
Orthodox Church and the regulations of the Holy
Synod of the Romanjan Orthodox Church as well as
the provisions of the Constitutions and laws of the
States and Provinces within its jurisdictional territory.
The regulations of the Church Congress of the
Archdiocese before they take effect, shall be
submitted for approval to the Holy Synod of the
Romanian Orthodox Church as is specified in Article
13. The Church Congress of the Archdiocese is
- 183 -
composed of the Archbishop, the Diocesan Vicars
and the clergy of the Diocesan Center and all priests
of the parishes, parish missions, monastic and
theological institutions and two lay delegates from
each parish or parish mission elected by the parish
council from among Orthodox faithful, members of
the parishes or religious institutions which they
represent, for a term of three years, and two official
delegates of the auxiliary organizations approved by
the Archdiocesan Council."
At the reformulation of this article it was kept in
mind that the Romanjan Orthodox Missionary
Archdiocese in America and Canada enjoys the same
autonomy as the other dioceses within the Romanjan
Orthodox Church, in other words, an autonomy at
the level of "diocese," and not of "church." In this
case any kind of action of legislation undertaken by
the Archdiocese must be within the framework of the
regulatory provisions of the Statute for the
organization and function of the Romanjan Orthodox
Church.
ART. 13: It is added: "The changes in the
Statute, in administrative problems, made necessary
by the laws of the States and Provinces in which the
Archdiocese has its ecclesiastical jurisdiction, shall be
put into effect immediately after the decision of the
Church Congress, with the approval of the Arch-
bishop, with the condition of the ratification of the
Holy Synod of the Romanian Orthodox Church.
Changes which refer to church canonical organization
which would contradict the provisions of the Decree
- 184 -
of Church Autonomy given by the Holy Synod of the
Romanian Orthodox Church shall be put into effect
only with the approval of the Holy Synod of the
Romanjan Orthodox Church, at the proposal of the
Archbishop of the Romanian Orthodox Missionary
Archdiocese in America and Canada."
The revision, by the Holy Synod in regard to this
article is likewise written in the statutory provisions
in regard to the autonomy of the dioceses. Therefore
the addition was considered necessary "...with the
condition of the ratification of the Holy Synod of the
Romanian Orthodox Church."
ART. 102: "In case of the dissolution of a parish,
after the payment of all debts, the remaining material
goods and properties, shall go to another religious
institution of the Archdiocese in the respective State
or Province which has the right to be exempt from
federal taxes, in the United States of America
"Section 501 (c) (3) of the Internal Revenue Code of
1954," and in Canada.
If the Archdiocese has no other religious
institution with the same rights in the respective State
or Province, the goods remaining shall go to another
Romanjan Orthodox organization in conformity with
the decision which the Supreme Court of the
respective State or Province shall make, which shall
work in conformity with the same interests as the
corporation which has been dissolved."
The specification 'Romanian Orthodox organi-
zation" was considered timely, because the property
of the parishes also contains goods of historical and
- 185 -
national artistic values, which is desirable t h a t
they should not be alienated.
President of the Holy Synod
t JUSTIN
Patriarch of the Romanjan Orthodox Church
Secretary of the Holy Synod
t Bishop ANTONIE PLOIESTEANUL
Patriarchal Vicar
THIS STATUTE OF THE ROMANIAN ORTHO-
DOX MISSIONARY ARCHDIOCESE -- INCLUD-
ING THE AMENDMENTS APPROVED BY THE
CHURCH CONGRESS - WAS REPRINTED WITH
OUR BLESSING.
Archbishop VICTOR IN
Detroit, Michigan, July 1, 1983
REMARKS:
The 46th Annual Church Congress held on July
1-3, 1977, at 'St. John the Baptist" Romanian
Orthodox Church in Montreal, Quebec, Canada,
approved with unanimity the amendments of Statute
1935 voted by the Church Congress held on 1975 at
Detroit, Michigan.
Also at the same meeting the Congress approved
with unanimity that the Archdiocese will be known
as the Romanjan Orthodox Missionary Archdiocese in
America and Canada.
The 47th Annual Church Congress held on June
30th-July 2nd in the City of Winnipeg, Manitoba,
Canada, has decided that Amendments to the Statute
and By-Laws of the Archdiocese to be printed along
with the original one published in 1935.
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