Code of Procedures of the General Chapter Rome July 03-23, 2016 Congregation of Holy Cross CODE OF PROCEDURES OF THE GENERAL CHAPTER 1 of 9
CODE OF PROCEDURES FOR THE 2016 GENERAL CHAPTER Congregation of Holy Cross Rome July 03-23, 2016 1. President 1.1 The Superior General is president of the General Chapter (C 7, 99). He presides at all general assembly meetings. The president is ex-officio chair of the steering committee. 1.2 The president opens and closes assembly sessions and oversees the approval of minutes. He conducts elections and announces the results. He makes announcements he deems proper and intervenes in the chapter process when he believes this is required. 2. Temporary Steering Committee 2.1 The Superior General and his Council constitute the temporary steering committee. The Superior General presides. This temporary steering committee serves until the chapter constitutes the permanent steering committee. 2.2. The temporary steering committee holds plenary sessions during which Capitulants: 2.2.1 select secretaries, moderators, and tellers; 2.2.2 approve the code of procedures or enact changes in it; 2.2.3 endorse or amend the proposed chapter agenda; 2.2.4 accept or revise the proposed committee structure; 2.2.5 confirm or change the proposed membership of the steering committee. 2.3 After the Capitulants have approved the definitive chapter agenda, the temporary steering committee proposes the committee structure to the chapter for approval. For the chapter, each Capitulant, observer, and peritus will participate in a chapter committee. 2.4 Each committee will select its permanent chair during the first committee meeting. 2.5 Once each chapter committee has selected a permanent chair, the permanent steering committee is formed. 3. Secretaries 3.1 The president proposes three non-capitulants as secretaries, to the chapter. The president also proposes a priest and a brother as Capitulant secretaries to the chapter. The nomination of non-capitulant and capitulant secretaries is ratified at a subsequent meeting of the general assembly. If other names are proposed and seconded by the Capitulants, the chapter elects the secretaries by majority vote. CODE OF PROCEDURES OF THE GENERAL CHAPTER 2 of 9
3.2 The non-capitulant secretaries record the minutes of all general assembly meetings, except closed sessions, and prepare minutes for approval by the capitulant secretaries and then by the general assembly. 3.3 The capitulant secretaries review and authorize minutes of general assembly sessions before they are presented to the assembly for approval. They sign approved minutes. They take the minutes of any closed general assembly sessions and the minutes of any societal meetings. 4. Moderators 5. Tellers 4.1 The president proposes three non-capitulants as moderators for the chapter, one of whom is the lead moderator. If the chapter refuses the non-capitulant moderators, the president proposes two Capitulants as moderators. Other names may be proposed by Capitulants as moderators. If other names are proposed, the moderators are elected by majority vote. 4.2 A moderator conducts the business of each general assembly session except for the duties reserved to the president as noted in 1.2. When appropriate, the moderator conducts assembly sessions according to parliamentary procedure. Before calling for a vote on any item the moderator makes sure that what is to be voted upon is clear to all. If the motion relates to a text, the moderator may ask the secretaries to read aloud and/or display the text in French and English. 4.3 The lead moderator serves as an advisor to the steering committee. 4.4 Capitulant moderators, if any, have voice and vote. However, a capitulant moderator may not participate in a discussion or present a motion while chairing a session. If a capitulant moderator desires to speak on an issue or to introduce a motion he must cede the chair to another moderator. He does not resume the chair until the question under discussion has been completely resolved. 4.5 A capitulant moderator may not be the chair or secretary of a committee. 5.1 The President proposes the names of two tellers from among the Capitulants and Observers. If no other names are proposed, these names are confirmed by the Capitulants. If other names are proposed, the tellers are elected by majority vote. 5.2 The tellers are responsible for counting the votes taken at plenary sessions. They maintain an accurate count of the voting members present, taking care to note if this number changes during the session. 6. Steering Committee 6.1 The steering committee is composed of the president, who is the chair, and the chairs of the chapter committees. 6.2 The president may, if he so chooses, delegate the role of chair of the steering committee to a member of the Chapter elected by the Capitulants. This delegate should not be either a moderator or the Chair of another Chapter Committee. 6.3 The president appoints a steering committee member as secretary. The lead moderator attends steering committee meetings in an advisory capacity. CODE OF PROCEDURES OF THE GENERAL CHAPTER 3 of 9
6.4 Steering Committee decisions are reached by consensus or decided by absolute majority vote. These decisions may be appealed to the general assembly. Appeals have priority over other assembly business. 6.5 When necessary, the steering committee interprets the code of procedures and rules on issues that arise in its application. 6.6 The steering committee convokes the general assembly and proposes the topics to be addressed as well as the order of the agenda. Unless members of the assembly object, these proposals are carried out without formal discussion or debate. Ordinarily, the steering committee distributes the agenda for a general assembly session. 6.7 To coordinate and advance the work of the chapter, the steering committee may: 6.7.1 ask two or more chapter committees to meet jointly in order to study matters of common interest; 6.7.2 authorize a chapter committee to invite a person who is not a Capitulant, when there is question of expense; 6.7.3 propose that the general assembly hear someone who is not a Capitulant or Participant Observer (C.f., 12.1); 6.7.4 determine that the chapter members should pause in their deliberations for a time of prayer and reflection. 6.8 The steering committee receives proposals from Capitulants who wish to introduce new agenda items. 6.8.1 A proposal must have the support of at least one other Capitulant. The steering committee studies a proposal and then submits it to the general assembly with a positive or negative recommendation. 6.8.2 A Capitulant speaks about his proposal to the general assembly for up to eight minutes. 6.8.3 After a brief discussion, the chapter decides whether or not the chapter should consider the proposal. The content of the proposal is not debated at this point. 6.8.4 If the general assembly agrees to consider the proposal, the steering committee assigns it to a chapter committee. 6.9 The steering committee arranges meetings of the societies. 6.9.1 The steering committee itself may propose that a societal meeting be put on the agenda. 6.9.2 A minimum of two Capitulants from the same society may request a societal meeting. Such a request, along with the proposed agenda for the societal meeting, is presented to the steering committee. 6.9.3 The steering committee publishes the agenda for a societal meeting to all the members of the chapter at least twenty-four hours before the meeting is to be held. CODE OF PROCEDURES OF THE GENERAL CHAPTER 4 of 9
6.9.4 The Superior General presides over any meeting of either society or names one of the general assistants from the society concerned as his delegate. 6.9.5 Proposals emerging from societal meetings go first to the steering committee. They are then given to a study committee or presented directly to the general assembly. 6.10 At an opportune moment, the steering committee proposes a schedule for holding elections to the general assembly, which accepts or modifies it. The steering committee determines the order of committee presentations to the general assembly. Before the chapter concludes, the steering committee holds a plenary session (Stage III) during which the Capitulants ratify the decisions of the chapter. 7. Chapter Committees Chapter Process 8. Elections 7.1 There are five committees: Mission; Religious Life, Spirituality and Charism; Vocation and Formation; Authority and Responsibility; and Stewardship. Each Committee has a Chair (c.f., 2.4), who is a member of the steering committee (c.f., 2.5), and who chairs meetings of the full committee. 7.2 The committees are responsible for proposing a plan or a direction for the Congregation to follow in their areas of concern during the next six years. The Committees do this by preparing statements, recommendations, and decrees. 7.3 The process for the chapter envisions three distinct stages: 7.3.1 In preparation for Stage I, each committee creates an outline of the work it intends to present for chapter consideration. The first stage presentation to the general assembly is a time for wideranging discussion about the direction the committee intends to go. Chapter members may also direct questions for clarification about explicit points to the chair of the committee making the presentation. The committee chair may request straw votes on specific questions. The moderator will direct the session according to the rules of courtesy, not according to parliamentary procedure. 7.3.2 As each committee prepares its work for Stage II presentation, the committee determines the type of legislative action required; that is, should the proposals be in the form of decrees, recommendations, or statements? The second stage presentation will be conducted according to parliamentary procedure and is a time when the document can be formally amended. 7.3.3 Stage III consists of the final presentation of the work of each committee. The Capitulants ratify the decisions of the chapter by accepting or rejecting the proposed legislation without discussion or debate. 8.1 The steering committee proposes a schedule for conducting the elections. The Capitulants either accept or revise this schedule (c.f., 6.10). 8.2 Election of the Superior General 8.2.1 The results of the congregational consultation on names for Superior General and General Assistants are distributed to the Capitulants. CODE OF PROCEDURES OF THE GENERAL CHAPTER 5 of 9
8.2.2 Each Capitulant then draws up a list of possible candidates (three names maximum) for the office of Superior General 8.2.3 The names proposed by each Capitulant are consolidated into one list and distributed to the Capitulants 8.2.4 The Superior General consults with those whose names have appeared most frequently on the list to see if they are willing to be considered for the office of Superior General. In conjunction with the steering committee, the Superior General prepares a second list, with no fewer than four names, that contains only the names of those who are willing to remain under consideration. The second list is distributed to the Capitulants. 8.2.5 Morning of Prayer and Reflection in General Chapter prior to Elections: 8.2.5.1 9:00 The Superior General offers a Votive Mass of the Holy Spirit 8.2.5.2 10:00 Plenary presentation: clarification of criteria for leadership, followed by discussion in groups of 9-10 persons each for 45 minutes: What are the two or three most important qualities of leadership that you would like to see in the Superior General? In his general assistants? 8.2.5.3 11:00 Closing Prayer 8.2.5.4 Free Time/period for private prayer or personal conversations. 8.2.6 After this interval the election proceeds according to Statutes 123; 124, 1-2; 125; 130. Balloting continues until one candidate receives a two-thirds majority (S 127, 1). 8.3. Election of General Assistants: The steering committee will propose and submit to the chapter for approval a process for the election of General Assistants after the chapter has confirmed a model for the General Council. 9. General Assemblies 9.1 Two-thirds of the Capitulants must be present for a chapter assembly to act validly. 9.2 General assemblies are convoked to deal with procedural matters, to hold elections and to facilitate the work of the chapter agenda. The moderator announces if parliamentary procedure is in order at the beginning of these sessions. 9.3 General assemblies are held for the presentations of a chapter committee s work. In Stage I, each committee prepares an agenda of the work which it intends to present for chapter consideration to the general assembly. The first stage presentation gives an overview of the work of a committee and is a time for an informal discussion of a Committee s document during the general assembly. Chapter members may direct questions of clarification to the chair of the committee or the reporter. The particular committee may request a straw vote on certain questions. Straw votes are taken by a show of hands unless a secret vote is requested. The moderator will direct this session according to the rules of courtesy, not parliamentary procedure. 9.4 Parliamentary procedure is used for the Stage II presentation of a Committee document. This is the time for a formal discussion, amendments, and decisions on documents or text. The Committee chair or his delegate reads the text of each proposal, but the moderator conducts the session. Capitulants address CODE OF PROCEDURES OF THE GENERAL CHAPTER 6 of 9
the moderator, not the reporter. Formal motions, seconded and voted upon, must be used to propose all additions, modifications, and deletions. 9.5 Stage III consists of the final presentation of the work of each committee. The Capitulants ratify the decisions of the chapter (c.f., 7.3.3) by accepting or rejecting the proposed legislation without discussion or debate. When this step has been taken a definitive chapter document has been formally approved. 10. Voting on Proposals and Procedural Motions 10.1 The majority required to pass a chapter proposal or a procedural motion is based on the number of voters present (S 124, 2 and 126 and can. 119, 2). 10.2 Ordinarily, chapter legislation (decrees, recommendations, and statements) is passed by an absolute majority vote. An absolute majority is defined as more than half (50% plus 1) of the voters present. Deviations from this rule are allowed only in special cases by a majority vote of the chapter. 10.3 The Statutes are amended by an absolute majority of the general chapter (C110). The Constitutions are amended by a two-thirds vote of the General Chapter and require the approval of the Holy See (C 110). A two-thirds majority is defined as at least 67% of the voters present. 10.4 Most procedural motions are passed by an absolute majority. The exceptions are noted in the section on parliamentary procedure. 10.5 Before a formal vote is taken, the tellers verify the number of voters present and, for elections, the number of any absentee ballots, if any. (S125). The required majority is then determined and announced by the presiding officer. 10.6 Voting is by computer or by a show of hands, unless a Capitulant requests a secret vote by ballot. Voting in elections is by written ballot. 10.7 Once a formal vote has been taken the presiding officer announces the results to the general assembly. 11. Parliamentary Procedure 11.1 PURPOSE FOR SPEAKING: After a chapter member has been recognized by the moderator, the member first indicates his purpose to ask for information or clarification, to make a suggestion, to make a motion, to propose an amendment, etc. 11.2 SPEAKING: All speakers must address the moderator; they may not speak directly to, or debate with, other chapter members. 11.3 SECOND: All motions other than those presented by the reporter of a committee and those privileged motions listed below require a second before the moderator allows discussion, debate and/or vote.. 11.4 MOTION TO AMEND: Amendments take precedence over the main motion. They must be seconded and discussed. To be adopted, an amendment must receive a majority of votes. The rejection of an amendment does not mean that the main motion has been rejected; the adoption of an amendment does not mean that the main motion has been adopted. The main motion, amended or not, must always be submitted for the approval of the assembly. CODE OF PROCEDURES OF THE GENERAL CHAPTER 7 of 9
11.5 MOTION TO AMEND AN AMENDMENT: It is possible to amend an amendment. Amendments to amendments take precedence over the original amendment and the main motion. They require a second and allow debate. A majority vote is required for its approval. The rejection of an amendment to an amendment does not signify a rejection of the original amendment or a rejection of the main motion. 11.6 MOTION TO OBJECT TO CONSIDERING A MOTION AT ALL: This is a privileged motion requiring no second. There is no debate. This motion requires a two-thirds vote to pass. 11.7 MOTION TO DIVIDE A QUESTION: When a proposal contains two or more distinct elements, it is possible for a Capitulant to move that these elements be considered separately. He makes a motion, which specifies the division he proposes. This motion requires a second, allows for debate and requires a majority vote. If the motion passes, the assembly studies each element separately and votes on each element separately. 11.8 MOTION TO WITHDRAW A PROPOSAL OR SEND IT BACK COMMITTEE: This can be done by the reporter for the committee with the consent of the moderator if there is no objection from the assembly. For any other Capitulant to do this requires a formal motion, a second, debate and a majority vote. 11.9. MOTION TO HAVE A PROPOSAL VOTED ON: If a Capitulant wants to cut off debate and have an immediate vote on a proposal, he calls the question. This motion requires a second; there is no debate. A two-thirds vote is required. 11.10 MOTION TO RECONSIDER: If a Capitulant wants to reopen consideration of a proposal or motion that has already been approved or rejected by the assembly, this requires a formal motion with a second. No debate is allowed and a two-third majority vote is required. 11.11 MOTION TO CHANGE THE AGENDA: The moderator may effect a change in the agenda without a formal motion if there is no objection from the Capitulants. Otherwise, this requires a formal motion and a second. There is no debate and a majority vote is required. 11.12 PERSONAL PRIVILEGE ON A POINT OF ORDER: If a Capitulant believes the procedure is not being observed or the rights of Capitulants are not respected, he may speak by personal privilege, interrupting if necessary the one who is speaking. After the Capitulant has explained his intervention, the moderator decides whether or not the intervention is in order. The Capitulant may appeal a decision of the moderator to the assembly, and the assembly will then resolve the issue by a majority vote. 11.13. MOTION TO ADJOURN: Usually the moderator brings a general session to a close at the time set in the schedule. If a Capitulant believes a session should be adjourned at another time, he moves to adjourn. This motion requires a second. There is no debate and a majority vote is required. 12. Participant Observers 12.1 The members of the congregation who have been designated participant observers may speak during general assemblies, but they may not vote. They may not participate in closed sessions. In Committees, they have voice but no vote. CODE OF PROCEDURES OF THE GENERAL CHAPTER 8 of 9
13. Periti 14. Minutes 13. 1 The members of the congregation who have been designated as periti may speak during general assemblies at the invitation of the president, the chair of Committee that is reporting, or of a Capitulant. Periti do not vote, either in committee or in the General Assembly. They may not participate in closed sessions. 14.1 Minutes of each general assembly session are submitted to the Capitulants for approval. These minutes, drafted in English and then translated into French, are normally made available to the chapter members twenty-four hours before the assembly session which will consider their approbation. Minutes are approved without a public reading unless the chapter members desire otherwise. Once the minutes for a general assembly session have been approved by the Capitulants they are signed by the president and one Capitulant secretary. 14.2 All of the Capitulants sign official copies of the minutes during the closing formalities of the chapter. The seal of the congregation is then affixed (S 98). 15. Promulgation of Chapter Decisions 15.1 The Superior General promulgates the decisions of the chapter as soon as possible after the conclusion of the chapter (S 98).. 15.2 The chapter decisions remain in force until abrogated or modified by a subsequent chapter (S 98). CODE OF PROCEDURES OF THE GENERAL CHAPTER 9 of 9