|
Provincial Government
Provincial Superior
143. The Brother Provincial governs with the help of his Council. He has the primary responsibility for the spiritual and apostolic animation of the Province and for the administration of provincial resources. He keeps the spirit of union alive among the Brothers and co-ordinates their work. He has direct authority over all the Brothers and all the houses of the Province.
143.1 To carry out his mission, the Brother Provincial calls on others to work with him. As the need arises, he sets up commissions to animate and co-ordinate the various activities of the Province.
143.2 The Brother Provincial gives each Brother of the Province his mission. He
arranges the communities, taking into account, as much as possible, the aptitudes of each Brother and also the circumstances that may be important to a Brother.
143.3 To make the governing of a Province easier, the Brother Provincial can, if need be, combine some houses and apostolic activities to form a Sector, with its own Statute, if necessary.
143.4 The temporary transfer of a Brother from one Province to another is made by a written agreement between the Provincials concerned. The permanent transfer of a Brother must be confirmed by the Brother Superior General.
143.5 Exceptionally, and in cases of urgency, the Brother Provincial can himself give permission for an outlay of less than 10% of the amount authorised for the Province.
143.6 The Brother Provincial ensures that the different documents required by the General Administration are sent at the time indicated. He makes provision for the proper care of the Province archives.
144. The Brother Provincial is appointed for three years by the Brother Superior General and his Council1, after consultation with all the Brothers of the Province2. At the time of his appointment, he must have at least ten years of perpetual profession3.
He may be re-appointed. Only in exceptional circumstances may he be appointed for a third term4.
144.1 The way in which the consultation for the appointment is to be carried out is determined by the Brother Superior General after he has come to an understanding with the Brother Provincial and his Council. (cf 137.5.1)
144.2 Exceptionally, and for good reasons, a Province, with the approval of the Brother Superior General, may elect the Brother Provincial. For this election to be valid, it must be confirmed by the Brother Superior General. (c 625, 3)
145. The Brother Provincial, either in person or by delegate, visits the Brothers and houses of the Province at least once a year1.
145.1 When making his annual visit to the communities, the Brother Provincial (or his delegate) evaluates with the Brothers the quality of their religious and apostolic life. He arranges to have a time of personal interview with each Brother.
145.2 The Brother Provincial can dispense a Brother or a community, for a given period, from certain disciplinary points of the Constitutions.
146. In the name of the Brother Superior General, he receives, either in person or by delegate, the vows of the Brothers of the Province1.
147. He authorises those who preach in our houses1, and gives permission for any publications of the Brothers concerning religion or morals2.
The Provincial Council
148. The Provincial Council is composed of Brothers who, with the Brother Provincial, form the group for the purpose of reflection, consultation, and decision-making for the Province. It helps the Brother Provincial in government, in the spiritual and apostolic animation of the Brothers, and in the administration of the Province resources.
149. Provincial Councillors are elected by the Provincial Chapter. They must be perpetually professed. Their term of office ceases with that of the Superior whose Council they form.
149.1 The Provincial Council is made up of at least four Brothers. From them, the Brother Provincial chooses the Deputy Provincial, who acts in his stead as the need arises.
149.2 As a rule, the Brother Provincial convokes his Council once a month. As far as possible, the agenda is sent to the council members some days before the meeting. The minutes are recorded in a register and are approved, and signed by all. For decisions to be valid, there must be present at least one more than half of the members of the Council.
149.3 If he is not a Councillor, the Brother Provincial Bursar is called in when the Council treats of financial matters. Occasionally, other Brothers also may be invited to the Council. These Brothers do not have the right to vote.
Brother Provincial and his Council
150. The Brother Provincial consults his Council on matters that are important to the Province, to the communities, and to the works undertaken.
150.1 The Brother Provincial must consult his Council when there is question of:
1. authorising a Brother to make the vow of stability - an authorisation that must be confirmed by the Brother Superior General;
2. refusing to accept a candidate for profession (c 689, 1);
3. prolonging the time of probation for a novice (c 653, 2);
4. beginning the process for authorising a Brother to renounce his possessions (c 668, 4);
5. convoking the Provincial Assembly.
150.2 The Brother Provincial cannot act without the consent of his Council when there is question of:
1. admitting Brothers to temporary or perpetual profession, with the approbation of the Brother Superior General
(c 656, 3);
2. giving a Brother permission to live outside a house of the Institute for a long period (c 665, 1; cf 61.1);
3. beginning the procedure for sending a Brother away, in accordance with the prescriptions of Canon Law (c 694, ff);
4. submitting the affiliation of a person to the Institute for the approval of the Brother Superior General;
5. appointing the members of the Provincial Financial Affairs Committee (cf 161, 2);
6. developing plans for the Province and defining priorities, according to the orientations given by the Provincial Chapter
(cf 34.1; 85.1; 88.3; 94.1; 95.1);
7. approving the plans for community life;
8. disposing of or acquiring property, authorising any building or repair work, borrowings, loans - where the total amount does not go beyond that authorised for the Province. If the total amount exceeds the sum authorised, the approval of the Brother Superior General is required.
(cf 152.5; 161.14; 161.15);
9. approving the budgets and the financial statements of the Province, the houses, and the works undertaken (cf 161.3);
10. applying, after consultation with the Brother Superior General, those Norms of the Province that deal with the manner of living poverty as befits the cultural practices of the country (cf 29. 11);
11. authorising long journeys and time spent outside the country, in keeping with the Norms of the Province (cf 29. 11);
12. beginning some work or setting up a house, with the written consent of the local Bishop (c 609, 1);
13. proposing to the Brother Superior General the closing of some work or house, after consultation with the local Bishop (c 616, 1);
14. drawing up or making changes to a contract between the Province and those responsible for setting up some apostolic work (cf 162.5);
15. drawing up a Statute, should the situation require it, when several communities are living together in the same house;
16. determining, if necessary, the area of control proper to the Brother Director, and that proper to others who may have some responsibility for the same apostolic undertaking;
17. engaging a lay professional to administer some work of the Institute or to audit the financial statements of the work;
18. fixing the date for the opening of the Provincial Chapter;
19. drawing up the Statute for a District (cf 127.1);
20. drawing up, where necessary, the Statute for a Sector (cf 143.3).
150.3 The Brother Provincial acts collegially with his Council when there is a question of:
1. electing Provincial Councillors outside the time of the Provincial Chapter;
2. the resignation of Provincial Councillors, or of their deposition for grave reasons;
3. appointing, after consultation with the Brothers, a District Superior or a Brother to be in charge of a Sector;
4. appointing local Superiors, the Master of Novices, the Directors of formation centres, the Provincial Bursar, the Directors and Bursars of works undertaken, and the local Bursars;
5. the resignation of the Brothers mentioned above, or their deposition for grave reasons.
The Provincial Chapter
151. The Provincial Chapter1 is an assembly which represents the entire Province and expresses the participation of all the Brothers in the governing of the Province.
It must meet at the time of the installation of the Brother Provincial.
It is convoked and presided over by the Brother Provincial.
It constitutes an extraordinary authority at the provincial level. The Statutes indicate the situations in which its role is deliberative and those in which its role is consultative.
151.1 The Provincial Chapter has a deliberative role when there is question of:
1. drawing up its own rules of procedure;
2. deciding on the number of Provincial Councillors and electing them;
3. drawing up the Norms of the Province, which must be approved by the Brother Superior General, with the consent of his Council (cf 29.7; 29.11; 50.1; 56.1;
60.4; 61.3);
4. deciding how deputy Superiors and local Councillors are to be appointed;
5. defining the situations, not already covered by Statute 152.6, where the local Superior must have the consent of his Council in order to act.
151.2 The Provincial Chapter has a consultative role when it examines general matters concerning the Province. Taking into account the Province situation, the calls of the local Church, and the directives of the General Chapter, the Provincial Chapter suggests the main orientations to be followed. (cf 85.1; 88.5)
151.3 The composition of the Provincial Chapter is decided by its rules of procedure.
151.4 The Provincial Chapter is made up of members by right and of elected members. The out-going Brother Provincial and his successor are members by right. There may be other members by right, but the total number of such members must be fewer than the number of elected members. If they are not so already, those newly elected to the Council become capitulants.
151.5 The out-going Brother Provincial, with his Council, organises the election of the Chapter members. He convokes the Chapter and presides at the opening.
After the installation of the new Brother Provincial, the members of his Council are elected, and the topics listed in due form on the agenda are dealt with.
151.6 The reports of the Provincial Chapter are sent to the Brother Superior General.
151.7 A summary of the Provincial Chapter is sent to the Brothers of the Province. Its decisions take effect on the date set by the Chapter itself.
151.8 If, for a time, it is impossible for the Province to meet in Chapter, the Brother Provincial will inform the Brother Superior General, who will give directives as to how the Provincial Councillors are to be elected. During this time the powers proper to the Provincial Chapter are vested in the Brother Provincial and his Council.
The Provincial Assembly
The Brother Provincial can convoke a Provincial Assembly. This is a meeting open to all Brothers in order to bring the Brothers and the communities into closer contact, and to arouse the interest of all by a study of the important questions concerning the Province. This consultative assembly does not replace the Provincial Chapter. (c 632; c 633, 1; cf 150.1.5)
|