Introduction
We, the National Fraternity of the Secular Franciscan Order in the United
States of America, called to follow Christ in the footsteps of St. Francis
of Assisi, in order to provide for the life of the Order and specifically
for its organization and function, do establish and adopt these Statutes.
Section I
Organization and Structure
Article 1. National Fraternity
The National Fraternity of the Secular Franciscan Order of the United
States of America (hereafter NAFRA)
1.is a juridical person[1] made up
of he Regional Fraternities of the Secular Franciscan Order[2]
existing within the United States;[3]
2.is animated and guided by the Minister and by a Council
which is duly elected;
3.is organized and functions in conformity with the Code
of Canon Law, the Rule, the General Constitutions, the Ritual and the current
Statutes of the Secular Franciscan Order. [4]
Article 2. Governing Bodies
1.The governing bodies of NAFRA are:
a. the National Fraternity Council
b. the National Executive Council
2.The Conference of National Spiritual Assistants exercises
pastoral care and spiritual guidance in regard to NAFRA as one of the integral
component parts of the Secular Franciscan Order [5]
by suitable means including participation in deliberations of its governing
bodies. No Spiritual Assistant at any level, however, shall exercise active
voice on any question involving financial matters.
Article 3. National Fraternity Council
1.The National Fraternity Council is composed of the Regional
Ministers; the National Executive Council; the members of the Conference
of National Spiritual Assistants; and the International Councilor.
2.a. The International Councilor is elected from
professed Secular Franciscans by the National Fraternity Council,
and represents NAFRA on the International Council of the OFS in
accordance with its Statutes. (S)he is a member of the National
Executive Council and has voting rights.
b. At the same time, the National Fraternity
Council elects a substitute delegate for the International Councilor should
(s)he be prevented from attending the OFS General Chapter. In the
event of such impediment, the Presidency of the International Council,
OFS will be informed of it and of the substitute delegation by the National
Minister of NAFRA.[6]
3.The business of the National Fraternity of the Secular
Franciscan Order of the United States of America shall be conducted by
the National Fraternity Council.
4.In addition, the National Fraternity Council has legislative,
deliberative and elective powers; in conformity with the Rule and the Constitutions,
it may make legislative decisions and
produce norms valid within its national confines.
5.The regular meeting of the National Fraternity shall
be the annual meeting of the National Fraternity Council convoked by the
National Minister, which convocation shall provide for at
least two months' notice.
6.The National Fraternity Council meets for elections
every three years; this meeting is convoked by the National Minister at
least two months in advance, indicating the place, the day and the time
of the election.
7.If considered necessary by the National Executive Council,
or when at least one-third of the Regional Ministers requests it, the National
Fraternity Council may meet at other times during
any year.
8.The National Fraternity Council has the following duties:
a. To make known and promote secular
Franciscan spirituality and lifestyle in the United States of America;
b. To prepare for the celebration of
the national elections, according to these statutes;
c. To search out, identify, publish
and distribute materials for formation of Secular Franciscans;
d. To compose Regional Fraternities
according to the General Constitutions and these Statutes;
e. To inform appropriate religious
Superiors of creation of Regional Fraternities and to seek spiritual assistance
for them;
f. To maintain liaison with the Presidency
of the International Council OFS;
g. To elect the U. S. representative
to the International Council, and to assume responsibility for the expenses
necessary to carry out this commission;
h. To set the amount of annual financial
contributions to NAFRA from the Regional Fraternities;
i. To resolve and clarify inquiries
and/or problems that may arise;
j. To provide practical and pastoral
interpretation of these statutes where necessary;
k. To consult with the Conference of
National Spiritual Assistants as the delegates of the religious Ministers
Provincial concerning composition of Regional Fraternities;[7]
l. To approve the composition of Regional
Fraternities;
m. To perform such other duties as
are set forth in Article 66, Secs. (c), (e), (h), (I), (j), (k), and (l),
of the General Constitutions.
Article 4. Structure for Property Control
1.In accordance with Art. 54 the General Constitutions,
NAFRA is incorporated under the laws of the United States of America, State
of Ohio, as "The National Fraternity of the
Secular Franciscan Order - USA" and has its statutory office at 1615
Vine Street, Cincinnati Ohio 45210.
2.The elected officers of the National Fraternity Council
shall function as the officers of the corporation.
3.At least every three years, at the direction of the
National Fraternity Council, a qualified auditor shall be engaged to conduct
an audit of the financial status of the corporation.
4.The financial books and records of the corporation shall
be maintained by the National Treasurer and shall be open for inspection
upon the order of the National Minister or the
National Executive Council or by any member of the National Fraternity
Council upon request and prior written notice.
5.Upon the termination of existence of the corporation,
all assets, real and personal, tangible and intangible, along with its
library and records, shall become the property of the "juridic
person immediately superior," Secular Franciscan Order, Rome, Italy.[8]
Article 5. National Executive Council
1.Between the meetings of the National Fraternity Council,
an elected National Executive Council shall carry on the business and carry
out the purposes of the National Fraternity in a spirit of ministry and
service.
2.The National Executive Council is composed of the National
Minister, the National Vice Minister, the National Secretary, the National
Treasurer, at least one elected Councilor, the President of the Conference
of National Spiritual Assistants, and the International Councilor.
3.All members of the National Executive Council has voting
rights.
4.Election of the members of the National Executive Council
shall proceed in accordance with Section II of this document.
5.The duties of the National Executive Council are:
a. To coordinate, animate and guide
the SFO at the national level;
b. To see that the decisions of the
National Fraternity Council are carried out;
c. To clarify specific points in these
statutes with validity until the next meeting of the National Fraternity
Council;
d. To resolve urgent problems which
may arise, that were not encompassed in the Constitutions or Statutes;
e. To intervene to solve serious and
urgent problems in a spirit of reconciliation when requested by a Regional
Fraternity Council or on its own initiative;
f. To hear appeals from decisions of
dismissal from membership rendered by Regional Executive Councils were
appropriate;
g. To set up and direct commissions
and committees deemed necessary to achieve the goals and objectives determined
upon by the National Fraternity Council;
h. At the time of fraternal and pastoral
visits, and also on the occasion of their presiding over and witnessing
elections, the National Executive Council shall take care to present to
CIOFS officers and to delegates of the President of General Spiritual
Assistants a stipend appropriate to the journey made and the length of
stay required.
i. To administer the financial affairs
of NAFRA, including events not foreseen in the annual budget approved at
the annual meeting of the National Fraternity Council, such as extraordinary
(non-budgeted) expenditures, not to exceed ten per cent (10%) of the annual
budget.
Article 6. Duties of Officers of the National Executive Council
1.The National Minister:
a. To convoke and preside at the meetings
of the National Fraternity Council, and to convoke the National Fraternity
Council for elections every three years, according to these
statutes;
b. To act as legal representative for
the corporation of the National Fraternity, "The National Fraternity of
the Secular Franciscan Order - USA";
c. To make fraternal visitation of
the Regional Fraternity Councils, either personally or through a
delegate;
d. To approve when necessary extraordinary
(non-budgeted) expenditures, not to exceed one per cent (1%) of the annual
budget;
e. To perform such other duties as
are set forth in Article 67, secs. 1 and 2 (b), (c), (d), (e), and (g)
of the General Constitutions.
2.The National Vice Minister:
a. To substitute for the National Minister
when (s)he is legitimately impeded from fulfilling responsibilities.
b. Should the office of National Minister
become vacant, the National Vice Minister shall succeed to the office in
accordance with the provisions of CNS SFO 81.
3.The National Secretary:
a. To make and keep records of the
National Fraternity Council and of the National Executive Council;
b. To make and distribute the minutes
of the meetings of the National Fraternity Council and of the National
Executive Council;
c. To give notice of all meetings in
accordance with these Statutes;
d. To maintain and supervise the archives
of the National Fraternity in accordance with instructions of the National
Executive Council;
e. To perform such other duties as
the National Executive Council or National Fraternity Council may designate.
4.The National Treasurer:
a. To keep account of money and retain
custody of all property of the National Fraternity unless otherwise determined
by the National Fraternity Council;
b. To render such accounts and present
such statements to the National Fraternity Council and to the National
Executive Council as may be required;
c. To deposit all funds of the National
Fraternity which may come into the hands of the National Treasurer into
such bank accounts in the name of NAFRA as the National Executive Council
shall designate;
d. To pay out money as the business
of the National Fraternity may require as approved in the annual budget
or on the order of the National Minister or the National Executive Council,
all payments to be made by check only;
e. To guard diligently any charitable
contributions received, recording each in the appropriate register, with
the date on which it was given and the name of the person from whom it
was received;
f. To submit an annual budget to the
National Executive Council for its review, and to the National Fraternity
Council for its approval at the annual meeting.
5.International Councilor:
a. To participate in deliberations
of the National Fraternity Council and of the National Fraternity Council
informed concerning worldwide activities of the SFO;
b. To keep the National Executive Council
and the National Fraternity Council informed concerning worldwide activities
of the SFO;
c. To act as an adviser on international
affairs in the Secular Franciscan Order to the National Fraternity Council
and the National Executive Council of NAFRA.
d. To present to the National Fraternity
Council for its approval the report to be presented to the General Chapter
of OFS according to Sec. 7.5 of the International Statutes, OFS.
6.President of Conference of National Spiritual Assistants:
a. To attend meetings of the National
Fraternity Council and of the National Executive Council, of which he is
a member by right, collaborating with these bodies in all their activities;
b. In accordance with his role as President,
to act collegially with the other National Spiritual Assistants to coordinate
spiritual assistance on the national level and to cooperate in the initial
and continuing formation of the brothers and sisters;
c. To exercise his active voice [9]
in all but financial matters which come before these bodies for decision.
Endnotes
[1] Juridical persons are defined and discussed
in Title VI, Chapter II, of the Code of Canon Law,
1983 (hereafter CCL).
Can. 116 S1. Public juridical persons are aggregates of persons or of
things which are established
by the competent ecclesiastical authority so that, within the limits
allotted to them in the name of the
Church, and in accordance with the provisions of law, they might fulfill
the specific task entrusted
them for the public good.
Can. 117. No aggregate of persons or of things seeking juridical personality
can acquire it unless its
statutes are approved by the competent authority.
[2] Legal title for the International body
is Ordo Franciscanus Saecularis. (OFS)
[3] Rule 2; General Constitutions of the Secular
Franciscan Order, 1990 (hereafter CNS SFO) 1,5;
CCL, cc. 210, 214, 303.
[4] CNS SFO, Art. 4
[5] Legal title: Ordo Franciscanus Saecularis
[6] Statutes of the International Fraternity
of the Secular Franciscan Order (hereafter STATS SFO), Art. 22.2
[7] General Constitutions, Art. 86.1, 88
[8] CCL Can. 123; again, legal title, Ordo
Franciscanus Saecularis.
[9] Active voice is the right to vote (vox
active). Passive voice is the right to be voted upon (vox
passiva ), that is the eligibility to be elected. |
