§ 42 — Corporate trustees, vestry; powers and duties thereof

New York § 42

• Jurisdiction: New York
• Law RCO: Religious Corporations
• Art. 3: Protestant Episcopal Parishes or Churches

Text

§ 42. Corporate trustees, vestry; powers and duties thereof. No\nmeeting of the vestry or trustees of any incorporated Protestant\nEpiscopal parish or church shall be held unless either all the members\nthereof are present, or three days' notice thereof shall be given to\neach member thereof, by the rector in writing either personally or by\nmail, or, if there be no rector or he be incapable of acting, by one of\nthe churchwardens; except that twenty-four hours' notice of the first\nmeeting of the vestry or trustees after an annual election shall be\nsufficient, provided such meeting be held within three days after the\nelection. In the event of the rector of a parish or church refusing or\nneglecting to call a meeting of the vestry or trustees of any\nincorporated Protestant Episcopal church, on the written request of\ntwo-thirds of all the wardens and vestrymen of the parish, the clerk of\nthe vestry shall call a meeting of the same by giving at least fifteen\ndays' written notice to be served on each member of the vestry\npersonally; if personal service cannot be had, then upon such member by\nmailing the notice to his last known place of residence. To constitute\na quorum of the vestry or board of trustees, there must be present\neither:\n 1. The rector and at least a majority of the whole number of wardens\nand vestrymen, or\n 2. One churchwarden and one more than a majority of the vestrymen or\nboth churchwardens and a majority of the vestrymen, or\n 3. If the rector be absent from the diocese and shall have been so\nabsent for over four calendar months, or if the meeting be called by the\nrector and he be absent therefrom or be incapable of acting, one\nchurchwarden and a majority of the vestrymen, or both churchwardens and\none less than a majority of the vestrymen. But if there be a rector of\nthe parish, no measure shall be taken, in his absence, in any case, for\neffecting the sale or disposition of the real property of the\ncorporation, nor for the sale or disposition of the capital or principal\nof the personal property of the corporation, nor shall any act be done\nwhich shall impair the rights of such rector. The presiding officer of\nthe vestry or trustees shall be the rector, or if there be none, or he\nbe absent, the churchwarden who shall be called to the chair by a\nmajority of the votes, if both the churchwardens be present; or the\nchurchwarden present, if but one be present. At each meeting of the\nvestry or trustees each member thereof shall be entitled to one vote.\nThe vestry shall have power to fill a vacancy occurring in the office of\na churchwarden or vestryman by death, resignation or otherwise than by\nexpiration of term, until the next annual election, at which, if such\nvacancy would continue thereafter, it shall be filled for the remainder\nof the unexpired term. If vacancies exist in the offices of\nchurchwardens or vestrymen in such number that a quorum of the vestry or\nboard of trustees is not in office at any time, the rector shall\nforthwith call a special election for the filling of such vacancies. If\nthere be no rector, the churchwarden longest in office shall call such\nspecial election. Notice of such special election shall be read by the\nrector, or if there be none, or he be absent, by the officiating\nminister or by one of the churchwardens, on the Sunday next preceding\nsuch election, in the time of divine service. If for any reason the\nusual place of worship of the parish be not open for divine service on\nsuch Sunday such notice shall be posted conspicuously on the outer door\nof the place of worship for one week next preceding the election. Such\nnotice shall conform to that required for an annual election. The\nprovisions of section forty-three of this chapter relating to annual\nelections shall apply to such special election, except as inconsistent\nherewith. Such vacancies shall be filled at such election for the\nremainder of the unexpired terms. The vestry may, subject to the canons\nof the Protestant Episcopal church in the United States, and of the\ndiocese in which the parish or church is situated, by a majority vote,\nelect a rector to fill a vacancy occurring in the rector-ship of the\nparish, and may fix the salary or compensation of the rector.\n