Canon Law

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commissary [2020/11/09 16:46] – created amycsjcommissary [2020/11/11 13:47] – [Leadership] amycsj
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-======Commissaries and Collaboraton======+======Commissaries and Collaboration======
  
 ==== by Amy Hereford, CSJ, JD, JCD ==== ==== by Amy Hereford, CSJ, JD, JCD ====
  
 ===== Scope of the Issue ===== ===== Scope of the Issue =====
-  * 75-90% of institutes will cease in the coming decades - 300-350 institutes+  * 75-90% of institutes/units will come to completion in the coming decades - 300-350 institutes
 ====== Historical Responses ====== ====== Historical Responses ======
-  * //Perfectae caritatis ('65)// #21 - "If it is possible, these should be combined with other more flourishing communities and monasteries whose scope and spirit is similar." +  * __late 1900s__ - //Perfectae caritatis ('65)// #21 - "If it is possible, these should be combined with other more flourishing communities and monasteries whose scope and spirit is similar." 
-  * Covenant permitted a smaller institute to collaborate with a larger one on needs, and ultimately on governance.+  * __early 2000s__ - Covenant permitted a smaller institute to collaborate with a larger one on needs, and ultimately on governance.
     * [[http://www.ahereford.org/a0447/a0447a.pdf|Sample agreement]]     * [[http://www.ahereford.org/a0447/a0447a.pdf|Sample agreement]]
   * Under these models, remaining institutes could have 5-10 institutes merging or affiliating   * Under these models, remaining institutes could have 5-10 institutes merging or affiliating
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 ====== Cost of Eldercare ====== ====== Cost of Eldercare ======
   * 1986 NRRO formed by USCCB, CMSM, and LCWR to help address the funding shortfall   * 1986 NRRO formed by USCCB, CMSM, and LCWR to help address the funding shortfall
-  * Collect and analyze data +    * Collect and analyze data 
-  * Consulting with individual communities and developing best practices+    * Consulting with individual communities and developing best practices 
 +    * Provide grants to communities
 ====== Completion of Life Journey ====== ====== Completion of Life Journey ======
   * Older and Grayer   * Older and Grayer
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 ===== Theology of Completion ===== ===== Theology of Completion =====
   * JB Metz  /  Karl Rahner   * JB Metz  /  Karl Rahner
-  * //Ars moriendi// Unlike the wider Church, religious institutes are not intended to live forever. +  * //Ars moriendi// Unlike the wider Church, religious institutes are not intended to live forever. 
   * The “gates of Hell will not prevail against [the church].”   * The “gates of Hell will not prevail against [the church].”
   * Religious institutes are gifts of the Spirit that blows where it will   * Religious institutes are gifts of the Spirit that blows where it will
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   * Only if we “cling desperately” to what is passing away, will the end be a defeat. (Metz)   * Only if we “cling desperately” to what is passing away, will the end be a defeat. (Metz)
   * Our most important role as Christians is to say “yes” to God, and the final, most complete yes we are called to say is the yes to death. (Rahner)   * Our most important role as Christians is to say “yes” to God, and the final, most complete yes we are called to say is the yes to death. (Rahner)
-  * Our call is to come, to follow, to lay down our lives, and to surrender even in death to the call of God who is never absent in our journey.+  * Our call is to come, to follow, to lay down our lives, and to surrender even in death to the call of God who is ever-present in our journey.
  
 ===== Journey to Completion ===== ===== Journey to Completion =====
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 ===== Sponsorship ===== ===== Sponsorship =====
   * Traditional Sponsorship   * Traditional Sponsorship
-    * Ensuring the Mission and Catholic Identity +    * //Missio// - ensuring the Mission and Catholic Identity 
-    * Ensuring Communion with the Church+    * //Communio// - ensuring Communion with the Church
   * Transfering Sponsorship   * Transfering Sponsorship
   * Ministerial Public Juridic Person   * Ministerial Public Juridic Person
-  * Acknowledged as Catholic+  * Acknowledged as Catholic (schools)
 ===== Eldercare ===== ===== Eldercare =====
-  *  $9.8B deficit by 2034 (2016 NRRO/Mercer Human Resources Consulting)+  * $9.8B deficit by 2034 (2016 NRRO/Mercer Human Resources Consulting)
   * Two issues   * Two issues
     * Funding     * Funding
-    * Facility - its oversight / management+    * Facility -  
 +      * its oversight / management 
 +      * pastoral care, family care 
 +      * opportunities for collaboration
   * Funding   * Funding
     * Held in Operations, Fund or Trust     * Held in Operations, Fund or Trust
     * Trust $$ held by Trustee for Beneficiary     * Trust $$ held by Trustee for Beneficiary
       * Trustee        * Trustee 
-        * Sisters or brothers, often leadership, +        * Sisters or brothers, often leadership, can have non-member trustees
       * Beneficiary        * Beneficiary 
         * Sick, aged and infirm sisters or brothers         * Sick, aged and infirm sisters or brothers
     * To Trust or Not to Trust     * To Trust or Not to Trust
       * 80s-90s: shield assets from liability or diversion       * 80s-90s: shield assets from liability or diversion
-      * 10s-20s: estate planning: settle assets for care and legacy +      * 10s-20s: estate planning: settle assets  
-        * traditional ministries +        * for care  
-        fund for religious+        * for legacy 
 +          * traditional ministries 
 +          new and emerging needs 
 +          * other units or other religious 
     * Trust $$ held by Trustee for Beneficiary     * Trust $$ held by Trustee for Beneficiary
       * Trustee        * Trustee 
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     * Begin to support canonical leadership with staff and committees     * Begin to support canonical leadership with staff and committees
     * These persons will continue to support when canonical leadership transitions     * These persons will continue to support when canonical leadership transitions
 +  * Establish a right-sized administrative support system.
 +    * Opportunities for collaboration with other institutes/units
 +    * This would support elected leadership and later forms of canonical leadership
 ==== Community Assistance Ministry ==== ==== Community Assistance Ministry ====
 {{ seal.png?350 }} {{ seal.png?350 }}
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   * Canonical Leadership   * Canonical Leadership
   * Canon 623 To be validly appointed or elected to the office of superior, members must have been perpetually or definitively professed for an appropriate period of time, to be determined by their own law or, for major Superiors, by the constitutions.   * Canon 623 To be validly appointed or elected to the office of superior, members must have been perpetually or definitively professed for an appropriate period of time, to be determined by their own law or, for major Superiors, by the constitutions.
 +  * The canonical norm is one leader and two councilors, who may act collaboratively.
   * When no sister or brother is capable or available for this ministry   * When no sister or brother is capable or available for this ministry
   * Turn to non-brother/sister as canonical leader   * Turn to non-brother/sister as canonical leader
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     * Merge with another institute - Institutes rarely prefer this choice, retain identity, charism to the end.      * Merge with another institute - Institutes rarely prefer this choice, retain identity, charism to the end. 
     * Requires about 18 months to implement once a path is chosen.      * Requires about 18 months to implement once a path is chosen. 
 +  * Alternate path for units: suppress governance
 +    * Establish an alternate plan for governance
 +      * No 'province governance'
 +      * Former provinces - by another name for clarity
 +      * Governed by elected or appointed brothers/sisters
 +        * Value of elected or appointed councilors
 +      * Who together form an expanded congregational council
 ===== Petition ===== ===== Petition =====
   * Petition from Community* (3-5 pages) – narrative is supported by data in appendices.   * Petition from Community* (3-5 pages) – narrative is supported by data in appendices.
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   * Appendices – tables and lists communicate the information more concisely   * Appendices – tables and lists communicate the information more concisely
     * History of Community from foundation to present (1-2 pages)     * History of Community from foundation to present (1-2 pages)
-    * Sisters, ages, living arrangements and ministry (1 page)+    * Sisters, ages, living arrangementsand ministry (1 page)
     * Timeline of Meetings / Decision with Community and Commissary (1-2 pages)     * Timeline of Meetings / Decision with Community and Commissary (1-2 pages)
     * Council Minutes of Community Resolution for the petition (1 page)     * Council Minutes of Community Resolution for the petition (1 page)
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   * Canon 123 - On the extinction of a public juridical person,    * Canon 123 - On the extinction of a public juridical person, 
     * the arrangements for its patrimonial goods and rights, and for its liabilities,      * the arrangements for its patrimonial goods and rights, and for its liabilities, 
-    * are determined by law and the statutes. +    * are determined by law and statutes. 
     * If these do not deal with the matter,      * If these do not deal with the matter, 
     * the arrangements devolve upon the next higher juridical person,      * the arrangements devolve upon the next higher juridical person, 
/users/ahereford.org/htdocs/canonlaw/data/pages/commissary.txt · Last modified: 2023/06/30 15:16 by 127.0.0.1