Subtitle
Art. IV
The Provincial Council
Adsit in qualibet provincia consilium provinciæ, eiusque consensum aut consilium exquirat prior provincialis secundum leges nostras et ius commune.
Provided they are assigned to the province or are members of the province assigned to convents under the immediate jurisdiction of the Master of the Order but are not members of the general council, the following are members of the provincial council:
- the ex-prior provincial who has ceased from office;
- the regent of studies;
- the socius of the prior provincial;
- the diffinitors of the last provincial chapter, until the following chapter;
- councillors elected by the provincial chapter (see n. 519, § II) until the following chapter.
The secretary of the council is elected by the council in a single ballot; he does not have a vote if he is not one of its members and is bound to secrecy just as the other members. He shall record in a book reserved for this purpose the matters discussed and the resolutions of the council.
- Councillors may not be removed or may not resign their office, except with the consent of the Master of the Order. If it should happen that a councillor ceases to be in office outside the duration of a provincial chapter, a new councillor designated by the provincial chapter shall be substituted for him with the approval of the Master of the Order.
- All members must be summoned to the council and all must be present at its deliberations unless they are dispensed by the prior provincial for a just cause.
ordination
Revision History
- Definitive ACG 2004 Kraków n. 371
- Secunda ACG 1989 Oakland n. 248
- Acceptata ACG 1986 Avila n. 251
- In cases of greater urgency when more are unable to be present, it suffices that at least two councillors be present with the chairman. In ordinary cases, at least four councilors should always be present for the deliberations to be valid. In more urgent cases, when more are not available, two are sufficient.
- Whenever the agenda includes matters pertaining to the studium, the professors, and the students, or even to an apostolic school, the regent and the moderator of institutional studies shall always be present or promoter of studies mentioned in n. 366, 2° should always be present.
ordination
Revision History
- Definitive ACG 1998 Bologna n. 266
- Secunda ACG 1986 Avila n. 252
- Acceptata ACG 1983 Rome n. 359
- The syndic of the province shall always be called to take part in the deliberations of the council without, however, having a vote unless he is already a member of the council. The masters of novices, students and cooperative brothers, the directors of schools and colleges, the syndic and other officials of the province should always be present at the council of the province to be heard when matters pertaining to their office are being discussed.
- Whenever the agenda includes matters pertaining to their duties, the masters of novices, of students, and of cooperator brothers, the directors of schools and of colleges, and other provincial officials shall always be present so that they may be heard.
- II. When something of particular importance concerning his community is to be discussed, a superior should also be present.
So that nothing will be abruptly put forward for decision, councillors should be informed of the agenda in good time unless a particular decision is urgent.
- It is the duty of the provincial council to assist the provincial to perform his duties, especially with regard to decisions which had been made by the provincial chapter and which with the passage of time appear to be timely or necessary for promoting the apostolate and regular life.
- In the provincial council more important matters shall be decided by a decisive vote, unless it is determined otherwise in our legislation.
- If at any time the votes are tied, the president has the casting vote (cf. appendicem n. 14-bis).
Among other things, the following must be dealt with in the provincial council:
- the appointment or removal of a regional prior vicar provincial and of a conventual prior;
- the presentation or removal of a pastor;
- the erection of a house as a convent, in accordance with n. 262;
- the cassation of a decision of a conventual chapter or council, councillors assigned to that convent being excluded from taking part in the cassation;
- the transfiliation of a brother;
- temporarily excluding a brother from active voting rights for a grave reason;
- a declaration of the fact for the dismissal of a brother in accordance with common law (CCL 694, § 2).
Matters which by our law are within the competence of the diffinitory of a provincial chapter may be dealt with and decided by the prior provincial with his council if necessity arises outside the duration of the chapter, except for nn. 279, § II, 358, § IV.
- Two years after a prior provincial has been confirmed in office, At the first council at the time of the next meeting of the provincial council, the prior provincial must summon to a larger council, in addition to the members of the provincial council, the vicars provincial and conventual priors in the strict sense; unless the provincial chapter has determined otherwise regarding regional priors, vicars provincial, and priors in remote regions the statute of the province can determine whether vicars provincial and priors from remote regions are to be summoned, as well as designate others who, as the case may be, are to be summoned.
- At this larger council meeting, which may exercise only a consultative vote, all topics are to be dealt with that seem to be useful for the good of the province; first of all, there shall be a review of whether the ordinations and exhortations of the last provincial chapter and general chapter have been put into practice.