Legislator · Canton of Obwalden — Cantonal Legislation
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Church Organisation of the Evangelical Reformed Parish of Obwalden (Former Part of the Canton) - Name

31 Articles / Provisions · Canton of Obwalden — Cantonal Legislation
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Table of Provisions (31)

Art. 1 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Canton Part) Art. 2 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Canton Part) Art. 3 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 4 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 5 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 6 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 7 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 8 Church Organization of the Evangelical Reformed Church Community of Obwalden (former cantonal part) Art. 9 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 10 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Cantonal Part) - Loss of Voting and Election Rights Art. 11 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Canton Section) Art. 12 Church Organization of the Evangelical Reformed Church Community of Obwalden (Older Canton Part) - Duties of the Members Art. 13 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Part of the Canton) Art. 15 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 16 Church Organization of the Evangelical Reformed Church Community of Obwalden (old cantonal part) Art. 17 Church Organization of the Evangelical-Reformed Parish of Obwalden (Old Canton Part) Art. 18 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Cantonal Part) Art. 19 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 20 Church Organization of the Evangelical-Reformed Parish of Obwalden (Old Cantonal Part) - Authorities Art. 21 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Canton Part) Art. 22 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 23 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Cantonal District) - Jurisdiction Art. 24 Church Organization of the Evangelical-Reformed Church Community of Obwalden (Old Canton Part) - Church Council President; Jurisdiction Art. 25 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Area) Art. 26 Church Organization of the Evangelical Reformed Church Community Obwalden (Old Cantonal Part) - Duties of the Pastor Art. 27 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Canton Part) Art. 28 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Canton Part) - Pastoral Vacancy Art. 29 Church Organization of the Evangelical Reformed Church Community of Obwalden (old canton part) - Re-election Art. 30 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Cantonal Part) - Pastor Service Regulations Art. 31 Church Organization of the Evangelical Reformed Parish of Obwalden (Old Cantonal Section) - Disciplinary Authority Art. 32 Church Organization of the Evangelical Reformed Church Community of Obwalden (Old Canton Part)

Statutory Text (31 Provisions)

General Provisions

1. Under the name "Evangelical-Reformed Parish of Obwalden (former canton part)," hereinafter referred to as the "parish," there exists a religious community founded in November 1862 and officially recognized by a cantonal council decision on November 26, 1907.

General Provisions

1. The parish aims to gather all Protestants residing in its area to establish and nurture an evangelical community life.

General Provisions

1. The church community is a public law corporation pursuant to the Cantonal Constitution dated May 19, 1968.

2. The church organization requires approval by the Cantonal Council (Art. 4 para. 3 of the Cantonal Constitution).

3. It independently and conclusively regulates and manages its internal affairs through a church ordinance as well as by resolutions of the church community and decisions of the church council.

General Provisions

1. The area of the church parish includes the canton of Obwalden (the former part of the canton), comprising the municipalities of Sarnen, Kerns, Sachseln, Alpnach, Giswil, and Lungern.

2. Its seat is the cantonal capital, Sarnen.

General Provisions

1. With the Evangelical Reformed Parish of Engelberg, a cantonal parish association can be established in accordance with Article 101 paragraph 3 and Article 106 paragraph 2 of the Cantonal Constitution. The establishment of such a cantonal parish association and its organizational statute require the resolutions of both parish assemblies and must be submitted to the Government Council for information.

General Provisions

1. The parish is a member of the Swiss Protestant Church Federation either through the cantonal parish association or a regional union, and thereby connected with the Community of Protestant Churches in Europe (Leuenberg Church Fellowship), the World Communion of Reformed Churches, and the World Council of Churches.

2. The parish fosters cooperation with the Evangelical Reformed Churches in Central Switzerland.

General Provisions

1. As a member of the one Church of Jesus Christ, the parish community is open in an ecumenical spirit and ready for dialogue and cooperation with other churches and Christian communities.

General Provisions

1. Members of the parish are all Protestants residing within its territory, unless they have explicitly declared their non-membership or withdrawal.

2. Individuals who wish to join the parish or convert from another religious community may be admitted by the parish council upon written application, after consulting the clergy. Further details are determined by the church constitution.

3. A declaration of non-membership or withdrawal from the parish must be submitted in writing to the parish council.

4. Collective withdrawals are not permissible.

5. A withdrawal becomes effective at the end of the calendar year in which it is declared.

6. Decisions regarding the entry, non-membership, or withdrawal of individuals under 16 years of age are made by the holders of parental or guardianship authority.

General Provisions

1. Eligible to vote and be elected are all parish members who have reached the age of sixteen and have been residing continuously in the area of the parish for at least three months.

2. Confirmed parish members who have not yet reached the age of sixteen are granted the right to participate in the parish assembly with an advisory vote.

General Provisions

1. The Church Council decides in each individual case, in accordance with the understanding of the evangelical community and after careful examination and consideration of all circumstances, whether a member of the church congregation, who has lost their political voting rights due to disenfranchisement, can continue to exercise the right to vote and stand for election in the church congregation. An appeal against the decision of the Church Council is not possible.

General Provisions

1. Members who may not simultaneously belong to the Church Council or the commissions

1. Persons who are related by blood or marriage in a direct line or up to and including the third degree of collateral line;

2. Spouses or spouses of siblings.

2. In the event of resignation due to kinship, the decision shall, if necessary, be made by drawing lots.

General Provisions

1. All members of the church congregation are called upon to actively participate in church life and, if eligible, to assume specific offices and functions.

2. No one can be compelled to take on a church office against their explicit will.

3. Whoever has assumed an office is obligated to fulfill the tasks assigned to them to the best of their knowledge and belief.

General Provisions

1. Every eligible member of the congregation is entitled to pose questions to the church council and to submit motions regarding matters within the purview of the church congregation assembly at any time, either in the form of a general suggestion or a fully drafted proposal.

2. The church council must submit such motions to a vote within one year. If a general suggestion is adopted as a resolution, the fully drafted proposal must be presented to the church congregation assembly within one year.

3. The motions may only pertain to a single subject and must include a justification.

General Provisions

1. An appeal against decisions of the Church Council or the Church Congregation Assembly can be submitted to the Government Council within twenty days of the announcement.

2. In the case of violations of private rights, the ordinary civil process is reserved.

Structure of the Church Congregation

1. The Parish Assembly, the Parish Council, the Parish President, and the Audit Commission constitute the bodies of the Parish.

**Structure of the Church Congregation - The Church Congregation Assembly**

1. The supreme body of the parish is the Parish Assembly. It consists of all members of the community who are entitled to vote.

2. The regular Parish Assembly convenes annually in the spring and in the autumn.

3. Extraordinary Parish Assemblies are to be convened whenever decided by the Parish Council or when ten percent of the eligible voters so request in writing, stating the matters to be addressed.

4. In the latter case, the Parish Assembly must be held within three months of receiving the request.

Structure of the Church Congregation - The Church Congregation Assembly

1. For regular and extraordinary parish assemblies, the parish council must invite voting members of the community three weeks in advance, specifying the location, time, and agenda in the official publication organ of the canton.

Structure of the Parish Community - The Parish Assembly

1. The provisions of the cantonal legislation shall apply mutatis mutandis to the proceedings of the parish assembly.

2. Motions concerning items not listed on the agenda may only be referred to the parish council for examination and reporting by a majority decision.

3. In elections and votes, the absolute majority of the voters shall decide.

Structure of the Church Congregation - The Church Congregation Assembly

1. Within the jurisdiction of the Parish Assembly fall

1. the election of the vote counters;

2. the determination of the number of parish council members within the range of five to thirteen members;

3. the election of the pastor for a term of four years;

4. the election of the members of the parish council and the audit committee for a term of four years;

5. the election of the president and vice-president of the parish council for a term of one year;

6. the enactment and amendment of the church organization, subject to approval by the Cantonal Council (Art. 4 para. 3 of the Cantonal Constitution);

7. the enactment, repeal, or amendment of the church constitution;

8. the enactment, repeal, or amendment of the cemetery regulations, subject to approval by the Government Council (Art. 89 para. 3 of the Cantonal Constitution), as well as other regulations;

9. the decision-making regarding membership in supra-municipal church organizations and agreements;

10. the decision-making to discuss and bring to a vote memberships that exist or are to be established in inter-cantonal organizations and agreements within the framework of a parish union in accordance with Art. 5 of the church organization, together with the Evangelical Reformed Parish of Engelberg;

11. the acceptance of the annual report of the parish council;

12. the approval of the parish accounts, the fund accounts, and the budget;

13. the determination of the tax rate;

14. the decision-making on applications from the parish council and voting community members.

Structure of the Parish - The Parish Council

1. The Parish Council shall consist of at least five and no more than thirteen members. The pastor is an ex officio member but may hold neither the office of president nor vice president.

Structure of the Church Congregation - The Church Council

1. The Church Council elects the Secretary of the Church Council and the Church Property Administrator. It is authorized to appoint non-members of the Church Council to these positions as well.

2. The Church Council issues an administrative regulation in which the responsibilities, competencies, and signing authority of the members of the Church Council as well as the Secretary and the Church Property Administrator are established.

Structure of the Parish - The Parish Council

1. The Church Council's Obligations

1. exercising spiritual responsibility for the parish;

2. supporting the pastor in all his duties, especially during the celebration of the Eucharist;

3. supervising the order of worship services, official acts, church education, and other church events;

4. overseeing the collection and use of church offerings;

5. approving the minutes of the parish assembly;

6. executing the resolutions of the parish assembly;

7. preparing submissions for the parish assembly;

8. drafting the budget for the parish assembly's consideration;

9. approving the parish accounts and fund accounts for the parish assembly's consideration;

10. making decisions on all discretionary expenditures in accordance with the cantonal constitution;

11. supervising the management of parish assets and fund assets and making decisions on the investment of assets;

12. supervising the parish properties;

13. overseeing the parish archive and the official registers;

14. issuing internal regulations necessary for the administration of the parish;

15. electing church employees and concluding employment contracts with them;

16. supervising the conduct of the pastor and church employees.

**Structure of the Church Community - The Church Council President**

1. The President of the Church Council is also the President of the Church Community. He represents it internally and externally.

2. He, or in the event of his absence, the Vice President, and following him the longest-serving member of the Church Council, presides over the Church Community Assembly and the meetings of the Church Council.

3. He oversees the execution of the resolutions of the Church Council.

4. He decides on freely determinable, one-time expenditures designated for the same purpose according to the Church Order.

Structure of the Parish - The Audit Commission

1. The Audit Commission shall consist of three to five members who must not belong to the Church Council.

2. It is responsible for the examination of the church community's accounts and the fund accounts concerning their completeness and the relevant legal foundations, as well as for submitting proposals regarding these to the church community assembly.

The Parish Office

1. The pastor is responsible for conducting services, baptisms, and the Eucharist, performs church weddings and funerals, provides church instruction, and acts as the spiritual advisor of the congregation.

2. He maintains the church registers.

3. He may refuse to perform official duties that cause him serious moral conflict, after consulting with the president of the church council.

4. The services of the pastor are free of charge for all members of the church congregation.

The Parish Office

1. The requirements for eligibility as a pastor are defined by the church constitution.

The Parish Office

1. The procedure for entering a pastoral vacancy, filling the pastoral position, and the installation of the pastor is determined by the church order.

The Parish Office

1. After a four-year term of office, the pastor is subject to periodic re-election.

2. This election procedure is regulated by the church order.

The Parish Office

1. If there is more than one pastoral position, the church council shall determine the division of work and the duties of the pastors in a pastoral service regulation and designate the parish districts.

The Parish Office

1. The provisions of the cantonal constitution and legislation apply mutatis mutandis to the disciplinary authority of the church council over the pastor.

Transitional and Final Provisions

1. The present Church Constitution shall come into force upon approval by the Parish Assembly and the Cantonal Council. Simultaneously, the Church Order shall come into force.

2. The Municipal Code of 1955 and the Church Organization of June 5, 1972, shall cease to be valid.

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