By-Laws
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June 1, 2006
EPISCOPAL CHURCH OF THE EPIPHANY
ENTERPRISE, ALABAMA
OF THE
EPISCOPAL DIOCESE
OF THE
CENTRAL GULF COAST

BY-LAWS

SECTION I – GENERAL PROVISIONS

The Episcopal Church of the Epiphany, a mission church, is a part of the Diocese of the Central Gulf Coast and recognizes and accedes to the authority of the Diocese and General Convention of the Episcopal Church. The Constitution and Canons of the Episcopal Church and the Charter Canons of the Episcopal Church of the Diocese of the Central Gulf Coast take precedence over these by-laws. If any of the sections or provisions of these by-laws are in conflict with any of the Canons of the Episcopal Church or with any Canons of the Diocese of the Central Gulf Coast, the National Church and the Diocese of the Central Gulf Coast shall supercede the by-laws. These by-laws will be reviewed annually by the Vestry. A copy of these by-laws will be provided to all new Vestry person. A copy will be posted in a conspicuous place on Church property, for review by interested parties.

SECTION II – MISSION AND PURPOSE

The mission of the Episcopal Church of the Epiphany shall be to spread the Gospel of Jesus Christ as it has been handed down to us in the Anglican Tradition and the Tradition of the Episcopal Church.

The purpose of the Episcopal Church of the Epiphany is to provide an Episcopal presence and influence in Enterprise as well as the surrounding area, and to provide a mission home for personnel assigned to Fort Rucker.

SECTION III – CLERGY

Clergy – The Clergy serving the Episcopal Church of the Epiphany will be appointed by the Bishop of The Central Gulf Coast in accordance with the Canons of the Episcopal Diocese of the Central Gulf Coast. In the event two clergy serve the Episcopal Church of the Epiphany, one will be assigned as Vicar and one as Curate.

The duties of the Vicar shall include but not be limited to:

Serving as Chief Pastor for the Episcopal Church of the Epiphany.

Supervising all clergy assigned to the Episcopal Church of the Epiphany.

Supervising all lay persons participating in the Episcopal Church of the Epiphany.

Performing specific functions as listed in a Job Description that will be developed by the Vestry and with mutual agreement between the Vicar and the Vestry.

The duties of the Curate shall include but not be limited to:

Serving as the assistant to the Pastor of the Episcopal Church of the Epiphany

Performing specific duties as listed in a Job Description that will be developed by the Vestry and mutually agreed upon by the Vicar, Curate and The Vestry.

THE CALL OF THE CLERGY – In all instances where there is a vacancy in the Clergy positions the calling to fill such a vacancy will be in accordance with the Canons of the Episcopal Church and the Episcopal Church of the Central Gulf Coast. Supply Priest duties will be directed by the Vestry.

.COMPENSATION FOR CLERGY - The Vestry will provide an agreed to amount for payment of salary to the assigned Clergy.

JOB DESCRIPTION – Job descriptions will be developed by the Vestry for the positions of Vicar and Curate and will be reviewed annually the Vestry. These job descriptions will outline the following: the expected hours to be worked per week and the duties to be accomplished during these hours; the procedures for annual vacations and days off; and other information that is beneficial in the understanding of the expected performance of the Clergy.

SECTION IV – VESTRY AND OFFICERS OF THE CHURCH

`The primary purpose of the Vestry of the Episcopal Church of the Epiphany is to support the Church by thought, word and deed. It shall serve as the legislative body for the administration of programs within the Church of the Epiphany. The Vestry is responsible for the finances of the Church and the maintenance of Church properties.

VICAR – The Vicar is the presiding officer of the Vestry.

VESTRY - The Vestry will be elected at an annual meeting in accordance with the Canons of the Episcopal Diocese of the Central Gulf Coast. Eligibility to vote in the election of Vestry persons is limited to: Confirmed Communicants in good standing (i.e., a confirmed person who has received Holy Communion in the Episcopal Church at least three times in the preceding year and who has been faithful in working, praying and giving for the spread of the Kingdom), of not less than sixteen (16)and who are canonically resident as of the first day of the month in which the meeting is held. The qualified voters present shall constitute a quorum. No provisions are made for absentee or proxy voting. Persons elected shall serve a term of three (3) years. Any person serving a full term shall not succeed himself/herself. Alternate Vestry members will also be elected. These persons will serve in the event someone on the Vestry is unable to fulfill his/her term. The first alternate will be appointed to serve the remainder of the term of the person he/she is replacing. In the event that additional persons are unable to complete their terms, and no alternates are available, the Vestry will decide whether to hold a special election or leave the seat(s) vacant until the next regularly scheduled election.

OFFICERS - The Officers of the Church of the Epiphany are the Senior Warden, Junior Warden, Clerk and Treasurer. The duties of Treasurer may, at the discretion of the Vestry, be divided into Disbursing Treasurer and Receiving Treasurer.

The Senior Warden may be appointed by the Vicar or elected by the Vestry from the persons serving on the Vestry.

The Junior Warden may be appointed by the Vicar or elected by the Vestry at the first meeting after the annual meeting from the persons serving on the Vestry.

The Clerk will be elected annually by the Vestry. The Clerk may be a member of the Vestry but this is not required. A job description will be developed by the Vestry and reviewed annually. The person shall not be elected for more than three (3) consecutive one- year terms.

The Treasurer (s) will be elected by the Vestry. The Treasurer (s) may be members of the Vestry but this is not required. A job description will be developed by the Vestry and reviewed annually.

CONDUCT OF BUSINESS

1. The Vicar will preside at all Vestry meetings. In his/her absence the Curate will preside. If neither Clergy is present, the Senior Warden, or in his/her absence the Junior Warden will preside. A meeting may not be held without one of the Clergy or one of the Wardens present or without a majority of members present.

2. The Vestry will meet at least monthly at a time and place to be designated at the first meeting following the annual meeting. Special meetings may be called with the consent of the Vicar or Curate. If a Vicar or Curate is not assigned the Senior Warden will approve special meetings.

A training retreat will be held within ninety (90) days of the election.

All members of the Vestry are eligible to vote on all issues brought to a vote. The Vicar, or in his/her absence the Curate, may cast a tie breaking vote.

Annual meetings will be held at a date to be determined by the Vestry. The congregation will be notified by entry in the Sunday Church Bulletin of the date, time and place on the immediate two Sundays prior to the election. A nominating committee will be formed by members of the Vestry to provide a list of candidates that are qualified and willing to serve. It is desirable to have two more candidates than required to fill vacancies. Floor nominations will also be received.

The Vicar, with the advice and consent of the Vestry, is responsible for the annual appointment of persons to other leadership positions in the Church, such as :

Christian Education Leader Music Director Acolyte Leader

Lay Reader Leader Usher Director Hospitality Leader

Welcome Leader Maintenance Director Grounds Director

Historian Oblation Director Stewardship Chair

SECTION V – CHURCH ORGANIZATIONS

The Episcopal Church of the Epiphany may sanction other organizations.

A. APPROVAL - The Vestry with the advice and consent of the Vicar may sanction other organizations within the Church. These organizations are considered to be operating as an extension of the Episcopal Church of the Epiphany. Any person approaching the Vestry with a request to be recognized as a sanctioned organization of the Episcopal Church of the Epiphany will present the request in writing with a copy of the by-laws under which the organization will operate. The by-laws will contain the following sections: Purpose, Membership Eligibility, Selection of Officers, Operating Procedures and Financial Accountability Procedures. If the Vestry denies the request a response will be prepared in writing outlining the reason for rejection.

B ORGANIZATIONS - The following organizations are considered exempt from the requirement to make application for recognition as an organization sanctioned by the Episcopal Church of the Epiphany; however, those organizations will provide a copy of their by-laws to the Vestry:

Altar Guild Episcopal Church Men

Episcopal Church Women Episcopal Youth of the Church

CONTROL OF FUNDS

All sanctioned organizations of the Episcopal Church of the Epiphany are allowed to raise and use funds for the purposes that are consistent with the Mission and Purpose of the Church. If an organization sanctioned by the Episcopal Church of the Epiphany elects to control its own funds, that organization must maintain a reasonable accounting system for their funds. The accounting system will include a clear identification of the source of the funds, will include donors as appropriate, and a clear identification of the use of those funds to include date, amount and purpose of expenditure. Receipts will be maintained and be available for audit

The Vestry will appoint a committee of three (3) persons qualified in the area of bookkeeping or accounting to audit the books of organizations sanctioned for operation as a part of the Episcopal Church of the Epiphany that elect to maintain the discrete control of their funds.

All other sanctioned organizations that raise funds, but do not elect to control their funds will establish procedures to turn the funds over to the Treasurer of the Church for safekeeping and disbursement as directed by the fund-raising organization.

Any sanctioned organization that controls its own funds or utilizes the Church Treasury for fund maintenance will include in their By-laws a provision for disposition of their residual funds in the event the organization becomes inactive for more than one year following a regularly scheduled election of officers. Lacking a disposition provision in their By-laws, the Vestry will direct that the funds will be moved to the Vicar’s or Epiphany’s discretionary fund.

The General Fund of Epiphany will be audited annually by an external and disinterested party, as directed by the Diocese.

SECTION VI – STEWARDSHIP

The Epiphany membership is responsible for the continuing and spiritual and material operation of the Church. This requires a commitment on the part individual members for gifts of financial support and individual talents.

FINANCIAL SUPPORT – The Biblical tithe is accepted as the desired objective of financial support for the Church. Each member will be expected to support the Mission Church to the extent of his/her abilities based on acknowledgement of blessings received. An every-member canvas will be conducted each year to determine expected income for the coming calendar year.

DESIGNATED GIFTS - Designated gifts are those financial and material items given to the Church by individuals for specific project accomplishments or use. The following stipulations apply:

The Vestry must formally accept the gift.

A monetary gift from a pledging member must be "in addition to" and not "in lieu of" support for general mission operation.

Designated funds will only be dispersed for the designated purpose of the gift unless approved by the donor or their designated representative.

Memorial fund gifts that are not designated be dispersed at the discretion of the Vestry.

The Treasurer shall keep on file a record of designated gifts.

TALENT GIFTS - These gifts are defined as those individual skills and talents of members that are donated for spiritual and material betterment of the Church of the Epiphany. Talents and skills are the lifeblood of Epiphany’s day-to-day operation and worship, and are encouraged to the fullest. These gifts should be coordinated through the Vestry or recognized sub-organizations to preclude conflicting efforts.

SPECIAL FUNDS - The Vestry may establish Special Funds on occasion to meet specific out-of-the-ordinary needs of Epiphany. These fund requests will be held to a minimum to avoid adverse impact on the general operating funds.

SECTION VII – PAID LAY EMPLOYEES

The Episcopal Church of the Epiphany may from time to time elect to pay persons for services provided to the Church on a regular basis.

PAID POSITIONS - The Vestry, with the advice and consent of the Vicar, will designate certain jobs within the Church as those being filled by paid employees. These positions will be reviewed annually at the first meeting following the election of a new Vestry. As a part of this process each job will be designated as a contract service job or as a regular employee.

SELECTION – The Vestry will be responsible for selecting qualified persons to fill the paid positions. All paid positions are for one-year terms and may be extended from year to year by vote of the Vestry and with the approval of the Vicar.

COMPENSATION – The compensation for these employees will be established by the Vestry of the Episcopal Church of the Epiphany. The level of compensation will be decided during the development of the annual Church budget and included therein for the next calendar year. Social Security will be withheld from all regular employees’ salaries in accordance with Federal/State law.

TERMINATION – All paid employees serve at the pleasure of the Vicar and with the advise and consent of the Vestry. Terminations, regardless of reason, will only be executed after two weeks notice has been given. The termination of paid employee status does not eliminate the eligibility of the person to continue in the same capacity as an unpaid employee, subject to the rules contained herein for selection and appointment.

JOB DESCRIPTIONS – A job description will be developed by the Vestry for each paid lay position within ninety (90) days of the approval of these By-laws. All job descriptions may be superceded by a contract.

VIII – CHURCH PROPERTIES

Church properties include:

All Real Estate

All buildings and Structures

All equipment and Furnishings

All Vestments, Altar hangings and all Altar accouterments

Appendix 1, to this Section, will prescribe the use of all buildings, equipment and furnishings by Church members and non-Church members.

All items listed in A-3 and A-4, above, will be inventoried and photographed for insurance and accounting reference. These inventories and photos will be retained on DVD disks, in multiple copies, to include one copy off the Church premises for theft and fire safety considerations.

SECTION IX – ADOPTION AND AMENDMENT

ADOPTION – These By-laws become effective on the date approved by a Majority vote of the members of the vestry of the Episcopal Church of the Epiphany.

AMENDMENT – Amendments may be adopted upon approval, by the majority of the members of the Vestry of the Episcopal Church of the Epiphany.

Accepted this date _________________________

Rev. Dr. Thomas E. Nixon ____________________

Priest –in-Charge

James Mellish_______________________________

Senior Warden (2006)

Ed Howard_________________________________

Junior Warden (2008)

John Farmer_________________________________

Member (2006)

Denise Valdez_______________________________

Clerk of the Vestry (2008)

Tom Graves_________________________________

Member (2007)

Lucy Forehand_______________________________

Member (2007)

George Lindenmuth___________________________

Member (2008)

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APPENDIX 1, TO SECTION VIII, EPIPHANY BY-LAWS 2006

June 1, 2006

 

 

POLICIES GOVERNING THE USE OF CHURCH PROPERTIES

 

The Church building and Parish hall of Epiphany are available to be used for special events by Church members and non-members in accordance with the following guidelines:

1.GENERAL:

    a. All activities conducted on the Church properties will be in consonance with Episcopal beliefs, worship and objectives.

    b. Requests to use a facility should be made in writing (see attached form) to the Vestry sufficiently in advance to allow for the Vestry ‘s review, approval and calendar scheduling. Request forms may be obtained through the church office and submitted there for processing.

    c. No charge is made to any member of the Church of the Epiphany for use of any Church facility. A member is considered to be any regular participant in the activities of Epiphany and in the Church’s financial support.

    d. Non-members who desire to use the facilities of Epiphany must help financially to defray the costs of utilities, maintenance and insurance costs expended on their behalf.

    e. The Vestry may elect to absorb any costs incurred by non-profit organizations, using the facilities who are deemed to fall in the category of forwarding Epiphany’s outreach to the community. These exceptions must be approved by the Vestry.

    f. A Vestry member or designated Epiphany member must be present on the premises during all non-Church functions to insure adherence to policies and assist in any unforeseen circumstances that may arise.

2. THE USE OF THE CHURCH

    a. A written request, through the Church Administrative Office, to the Vestry is required. Please use the request form at enclosure 1.

    b. Church worship activities take precedence over all other requests to use the Church.

3. IN COORDINATING THE USE:

    a. The Priest will:

        (1). Advise and approve the prospective user on all plans for the use of the Church.

        (2). Conduct all services, however, if requested, he may extend an invitation to other ordained clergy to participate in a specific service. This invitation, except under extenuating circumstances, must be made at least one month prior to the service/event.

        (3). Advise on the use of photographic and electronic equipment in the Church and during the service/event.

    b. The Church organist will:

        ( 1). Assist in advising on appropriate music for the service/event.

        ( 2). In conjunction with the Priest will approve all music for use at the Service/event.

        (3). Play for the event at a negotiated rate. A guest organist may be utilized following an orientation and demonstration of their skills on the Church organ. This orientation and skill demonstration should be accomplished at least two weeks prior to the service/event.

        (4). Approve, in conjunction with the Priest, other musical accompaniment that is desired.

 

    c. The Altar Guild will:

        (1). Approve the use of all decorations, to include flowers, plants, candelabra and any other items to be imported for the service/event.

        (2). Assist and approve in chancel set-up

        (3). Arrange for acolyte participation if desired.

        (4). Approve and advise in the hanging of bows, ribbons and decorations outside on the entrance and approach to the Church.

    d. Clean-up following the service/activity:

        (1). All imported items must be removed within four (4) hours of the service/ event conclusion.

        (2). Rice, confetti or bird seeds may not be thrown either in the Church, outside on the patio nor on the steps leading down to the Parish hall.

        (3). The Church Sexton will be engaged, to return the Church to prior event condition, at the rate shown on the schedule listed in paragraph 4, below.

3. THE USE OF THE PARISH HALL ASSEMBLY ROOM

    a. The facility consists of:

        (1). An assembly hall accommodating approximately 100 to 125 people with folding chairs and 8 person rectangular tables.

        (2). Men’s and Women’s rest rooms are immediately available in the building.

        (3). A kitchen for catering use is available (no cooking) with silverware, china, warming pads, refrigerators, warming ovens and dish washers.

    b. The hall would be suitable for:

        (1). Wedding rehearsal dinners and receptions.

        (2). Club and organization meetings and dinners

        (3). Non-profit club/organization meetings and or dinners

    c. Application for use should be made to the Epiphany Vestry, through the administrative office,

using the request form at enclosure 1.

    d. Decorations are permissible but should not damage ceilings, walls or floors. All decorations must be removed within four (4) hours following the event.

    e. The nature of the event must be approved by the Epiphany Vestry.

    f. No alcoholic beverages are allowed on the premises.

    g. Smoking is not allowed in the building.

    h. Damage and breaking of equipment is the responsibility of the using group/organization.

    i. Clean-up, following the event, must be accomplished, back to receiving condition, within four (4) hours of the events completion. This clean-up can be accomplished by the group’s membership, or the Church Sexton may be utilized at the rates listed in paragraph 4, below.

4. RATE SCHEDULE:

    a. Church use

                Wedding Rehearsal                      $25.00 *

                Wedding                                     $150.00 *

    b. Organist fee

                Wedding rehearsal negotiable with organist

                Wedding negotiable with organist

    b. Sexton fee

                Wedding rehearsal                         $25.00 *

                Wedding                                         $50.00 *

    c. Altar Guild Fee

                Wedding Altar setup                        $50.00 *

    d. Priest stipend

                Wedding Rehearsal                         $50.00 **

                Wedding                                         $200.00 **

    e.Parish Hall

                Assembly room                             $150.00 /4 hours *

                Kitchen and equipment                 $50.00/4 hours *

                Sexton clean up (if requested)       $50.00

*  Epiphany members exempt from this charge

** Priest’s stipend for Epiphany members, for services performed, is at member’s discretion

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REQUEST FOR USE OF CHURCH FACILITIES

 

Note: Facility use is free to Epiphany members, however, organist, sexton, breakage charges and Priest stipend are the responsibility of all users.

Requester’s Name: _________________________________

Address:_________________________________________ Phone #_____________________

Status of Requester: Epiphany member____ Non-member_______ Non-profit_________

Facility requested: Church_______ Parish Assembly Hall_______ Kitchen________

Event:_____________________________________________________________

Purpose: _____________________________________________________________

Approximate Duration:______________________________________________

Date______________________Day of week ______________________

Special equipment to be used

Photo equipment ____________________

Electronic equipment__________________

Musical instruments ___________________

Decorations__________________________

Special Considerations___________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

________________________________________________________________________________

CHURCH USE

 

Coordination Approval Charges (if required)

Priest     __________     ______________

Organist __________     ______________

Altar Guild __________   ______________        

Sexton     __________     ______________

Vestry     __________

                                Total ============

One-quarter of charges are due upon approval of event by the Vestry, the balance is due no later than two weeks prior to the event.

Initial payment____________ Balance _______________