Municipal Constitution of the Christian Catholic Parish of St.Gallen - Existence of the Church Community

**1. Under the title "Old Catholic Parish of St. Gallen" exists a public law ecclesiastical corporation. It includes all residents living in the area of the Canton of St. Gallen who belong to the Old Catholic Church by baptism or through a later decision.**

**2. Old Catholic residents of the Cantons of Glarus, Appenzell A.Rh., Appenzell I.Rh., Thurgau, and Graubünden belong to the Old Catholic Parish of St. Gallen, provided these cantons do not exclude membership. In the Canton of Thurgau, Old Catholics living east of a line Aadorf-Weinfelden-Kreuzlingen belong to the Old Catholic Parish of St. Gallen. Exceptions are possible.**

1. The Christian Catholic Parish of St. Gallen is part of the Christian Catholic Church of Switzerland. This church is based on an episcopal-synodal foundation and considers itself a local church of the one holy catholic Church.

2. The church is founded in Jesus Christ, the incarnate Son of God, who reconciled people with God the Father, the source of all things, and liberated them to new life through his life and death, resurrection, and ascension.

Trusting in the guidance of the Holy Spirit, it knows itself to be entrusted with the proclamation of the Gospel, service to fellow human beings, and the preservation of creation. In obedience to this mission of diaconal and missionary action, it aligns itself with the disadvantaged and advocates for reconciliation, justice, and peace here and everywhere.

It is called "catholic" because, on the one hand, it encompasses God and man, heaven and earth, the present and promise, and thus all salvation and all truth, and on the other hand, it is also aware of its unity with all churches in the world.

Since Jesus Christ is the foundation of every church and the unity of all churches, the Christian Catholic Church has known from the outset that it is obligated to pray and work for the unity of the Church.

3. The tasks of the parish are namely: the celebration of divine services, the administration of sacraments, proclamation in worship, religious education, and other occasions, pastoral care, especially for the sick and suffering, and care for the poor.

The parish maintains contact with the diocese, namely with the bishop and the synodal council.

The parish maintains contacts with other churches in the local ecumenism and cooperates where possible.

1. The Bodies of the Church Community are

a) the Church Community Assembly;

b) the Church Council;

c) the Audit Commission.

1. Supreme Body of the Church Community is the Church Community Assembly. It is entrusted with all tasks assigned to it by law or delegated to it by the present community ordinance.

2. The regular Church Community Assembly takes place annually in the spring, no later than April 15. It is convened by the Church Council.

3. The Church Council may call extraordinary Church Community Assemblies on its own initiative or upon the request of 30 eligible voters.

4. The invitation, along with the motions of the Church Council, the annual financial statement and budget, as well as the motions of the Audit Commission, must be in the possession of the eligible voters at least twelve days prior to the assembly.

1. The Parish Assembly elects

a) for a term of four years

1. the President of the Parish;

2. four additional members of the Church Council;

3. the delegates and substitute delegates for the National Synod of the Christian Catholic Church of Switzerland;

4. two members of the Audit Commission;

b) the pastor for an indefinite period.

1. The Parish Assembly shall decide on

a) The enactment and amendment of the municipal ordinance;

b) The annual financial statement;

c) The budget;

d) The tax rate for the year following the assembly;

e) Motions concerning items on the agenda;

f) Initiative requests;

g) The establishment of commissions and working groups;

h) The acquisition and sale of land and real estate;

i) Unforeseeable new expenditures exceeding CHF 30,000 annually.

1. The Church Community Assembly takes note of

1. the annual report of the President;

2. the annual report of the Pastor;

3. the reports of the commissions and working groups.

2. The acknowledgment is subject to official secrecy.

1. Thirty eligible voters may, by means of a referendum request, demand a vote on resolutions by the Church Council concerning general principles for education (Art. 15 lit. c) and on regulations (Art. 15 lit. d).

2. The procedure shall appropriately follow the provisions of the Municipal Law and the Law on Referendum and Initiative.

3. The request must be submitted to the President of the Church Community within thirty days from the official publication of the resolution.

1. 30 eligible voters may, through a written initiative request, demand a vote on a matter that falls within the jurisdiction of the Church Community Assembly.

2. The initiative committee consists of at least five eligible voters. Otherwise, the form, content, and procedure shall reasonably follow the Municipal Act and the Act on Referendum and Initiative.

3. The request shall be decided upon at the next Church Community Assembly.

1. The church congregation assembly is presided over by the president of the church congregation, or in the event of their inability to attend, by the vice president.

1. Elections are conducted by secret ballot.

2. Votes on factual matters are conducted openly, unless one-fifth of the eligible voters present request a secret ballot.

1. The Church Council is responsible for the preparation of the minutes in accordance with the provisions of the Municipal Law. It is to be signed by the President and the Secretary.

2. Fourteen days after the Parish Assembly, the minutes will be publicly displayed in the church building for fourteen days.

1. Eligible to vote and participate in the parish assembly are all members of the congregation possessing Swiss citizenship, who have reached the age of 16, and are competent as defined by Art. 16 of the Swiss Civil Code (ZGB).

2. Also eligible to vote and participate in the parish assembly are foreign members of the congregation belonging to the parish by virtue of their residence, who have reached the age of 16 and are competent as defined by Art. 16 of the Swiss Civil Code (ZGB).

1. The Church Council is the administrative and executive body of the parish.

2. In addition to the council members elected by the parish assembly, the following participate in meetings with an advisory vote

a) the pastor; job sharing is possible;

b) the treasurer;

c) the delegates and alternate delegates of the National Synod;

d) a potential representative of the youth.

3. With the exception of the president elected by the parish assembly, the Church Council constitutes itself. It elects from among its members, in particular, a vice president, the secretary, and the archivist, along with their respective areas of responsibility.

4. Pastors, deacons, and employees in an employment relationship with the parish cannot be members of the Church Council.

1. The Church Council fulfills all tasks that are not assigned to any other body. In particular, it has the following tasks and powers

a) Promoting church life and supporting the pastor in their activities;

b) Determining the type and timing of church services;

c) Issuing general guidelines for education;

d) Issuing regulations; the regulations are subject to the optional referendum;

e) Executing the resolutions of the Bishop and Synodal Council;

f) Public relations;

g) Preparing the parish assembly;

h) Employing part-time and volunteer staff such as sexton, organists, financial administrators, and custodians;

i) Electing a pastor's administrator in the event of a vacancy in the pastoral office;

j) Setting the working conditions for the pastor and staff;

k) Supervising financial administration;

l) Determining compensations subject to the budgetary rights of the parish assembly;

m) Managing real estate and other assets, as well as planning construction projects;

n) Conducting collections for special purposes;

o) Managing the community archive.

1. The President or the Vice President signs jointly with the Secretary.

2. The Church Council decides on urgent expenditures where a delay would significantly endanger or harm the interests of the church community, as well as on expenditures where legislation, ordinances of the church community, or other legal obligations leave no greater discretion.

3. The Church Council decides on unforeseeable new expenditures up to a total of CHF 30,000 annually.

1. Eligible for election to the church council are the voting members of the parish.

2. Upon expiration of their term of office, they may stand for re-election.

1. The President presides over the meetings of the Church Council. In their absence, the Vice President assumes this role.

1. The Church Council has quorum if the majority of its members are present. It makes decisions by a simple majority of those present. In the event of a tie vote, the president has the casting vote.

1. The secretary drafts the minutes of the Church Council meetings and submits them to the council for approval. The approved minutes are signed by the president and the secretary.

1. The Audit Commission consists of two members. It is self-constituting.

2. The Audit Commission fulfills the tasks prescribed by the Municipal Law and Regulations on the Financial Administration of Municipalities, and specifically examines the

a) Administration and financial management of the Church Council and the administration in the past year;

b) Proposals of the Church Council regarding the budget for the next year.

1. The pastoral office is exercised by the pastor. Eligible to be elected as a pastor is any person who has a theological education recognized by the Bishop and the Synodal Council of the Christian Catholic Church of Switzerland. Job sharing is possible.

2. The work of the pastor may be full-time or part-time.

3. The pastor is in a private law employment relationship.

1. The pastor performs her/his duties in cooperation with the church council. She/he participates in the meetings of the church council with an advisory voice.

1. The Duties of the Pastor are Specifically

a) Conducting Worship Services;

b) Religious Education;

c) Pastoral Care;

d) Occasional Services;

e) Fostering Ecumenical Relationships;

f) Support of the Diaspora;

g) Management of the Parish Archive.

1. In the event of a vacancy of the pastoral position, the position is generally refilled by way of appointment after consultation with the Bishop. The Church Council may decide to announce a vacancy for the position.

2. The new election shall be carried out as soon as possible by written vote at a church congregation meeting.

1. The installation of the elected pastor occurs by the Bishop or their representative in accordance with the Constitution of the Christian Catholic Church of Switzerland.

**1. The Parish Community may employ additional clerical personnel (Priestess/Priest, Deaconess/Deacon). Such individuals carry out their spiritual duties in proclamation and pastoral care according to their commission and the guidelines of the Bishop and Synodal Council. They are not members of the Church Council.**

**2. They are in a private-law employment relationship.**

1. The Revenues of the Church Community consist of

a) the church tax, which is levied in the canton of St. Gallen based on the assessment in accordance with the cantonal tax law and collected by the municipalities;

b) voluntary church contributions from the community members in the cantons of Appenzell Innerrhoden, Appenzell Ausserrhoden, Glarus, Graubünden, and Thurgau East;

c) donations;

d) inheritances;

e) income from assets.

1. The collections from church services (offerings) are generally designated for social and charitable purposes. The pastor and the church council decide on their use.

1. The management of the financial budget shall be conducted appropriately in accordance with the relevant provisions of the Municipal Law (Art. 106 et seq.) as well as the Ordinance on the Financial Budget of Municipalities.

1. Members of the Church Council, the Audit Commission, commissions and working groups, pastors, employees, appointees, and volunteers are obligated to maintain confidentiality regarding matters that are to be kept secret according to specific regulations or by their nature. The Church Council communicates its decisions to the extent that this is compatible with the duty of confidentiality. This obligation of confidentiality continues to apply even after the termination of the official or employment relationship, as well as voluntary service.

1. The Church Council determines the official publication organ.

1. The following supplementary laws apply to this municipal code

a) the Constitution of the Canton of St. Gallen[7];

b) the Law on Publicly Recognized Religious Communities[8];

c) the Tax Ordinance of October 20, 1998[9].

1. The municipal code may be amended at any time within the framework of legal provisions, but Article 5 only at the beginning of a new term of office.