Resolution A:
Amend Canon 5.06 –
Clarifying the Role of Chancellor and Vice Chancellors
Secretary of the Convention
Last Update: September 1st, 2022
Status
Reviewed by the Committee on Canons
Resolved, that Canon V of the Canons of the Diocese of California be amended as follows
(deletions in bold strikethrough text and insertions in bold italic text):
Sec. 5.06. Chancellor.
At each Annual Convention the Bishop shall appoint a Chancellor of the Diocese and one or more Vice Chancellors, who shall must be persons learned in the law, to act as advisors to the Diocese and the Bishop in legal affairs. The Chancellor shall must be a communicant in good standing of The Episcopal Church. When not a Delegate or a Cleric, the Chancellor and each Vice Chancellor shall are entitled, ex officio, be entitled to a seat and voice in the Convention, but not to a vote. When a vacancy exists in the office of the Chancellor between Conventions, the Bishop shall may appoint a Chancellor to fill the vacancy and must report the appointment to the next Convention.
Explanation:
This change to the language of Canon 5.06 clarifies the Chancellor’s role as legal advisor to the Diocese, in line with the Chancellor’s duties described in several of the canons and current practice. This change also addresses the misapprehension, drawn from reading the current wording of Canon 5.06 out of context, that the Chancellor only advises the Bishop. The Chancellor will most often advise the Bishop, who has canonical and legal authority to make decisions for the Diocese in many instances, but the Chancellor also may—and regularly does—advise any other body or officer who is empowered under the Constitution and Canons or secular law to act on behalf of the Diocese in any given matter.
The change to the language also offers flexibility in the role of Vice Chancellors, who may be appointed by the Bishop from time to time to broadly assist the Chancellor in advising the Diocese, or who may be appointed to advise the Diocese on a specific legal matter.
Submitted by:
The Rev. Br. Richard Edward Helmer, Secretary of the Convention – secretary@diocal.org and Mr. Christopher Hayes, Chancellor of the Diocese.
Endorsed by:
Executive Council
Report by the Committee on Canons:
As authorized by Canon 21.03, the Committee on Canons has changed the proposed amendment for clarity and consistency. In all other respects, the Committee on Canons finds this amendment suitable in form for adoption.
Secretary’s Note:
The Secretary, as submitter, has accepted and incorporated the Committee on Canons’ changes in this final form of the proposed amendment.
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