CHAPTER SEVEN

CHAPTER SEVEN

"To build up the body of Christ"

 (Eph 4,12)

General norms

 Origin and nature of authority

 [73]      Our Society is recognized by the church as a religious-missionary institute. It is listed among clerical institutes of pontifical right. It enjoys a proper internal authority subordinate to the Holy Father and the Sacred Congregation for the Evangelization of Peoples.  Authority is participation in the ministry of the One who came to serve who died for us and was proclaimed Lord.  Authority then is perceived as gospel service to the members. It is accepted in faith, just as it is exercised in faith.

 Subject of authority

 [74]      Within our Society authority is exercised by confreres who are selected to be center of unity. These confreres help us serenely discover the will of God within our personal aspirations and community needs. They direct us with fraternal concern in the spirit of service that we may attain the realization of our mission call.

 Responsibility and subsidiary

 [75]      The ministry of authority strives to discover the common good, through the responsible cooperation of all Xaverians. This ministry is carried out with respect for the human person, and in keeping with the principle of subsidiarity.

 75.1            Every Xaverian has the right and duty to be informed about and to be able to actively share in the life of the Congregation by contributing input within the sphere of his own responsibility regarding programming, actual activity, evaluation of its work.

 75.2            The various ways by which responsibility is shared within the community are set down in local norms.

 75.3     A superior authority ought not to intervene in the area of competence of a subaltern authority unless so required for the common good of a group, individuals or Society goals. The Superior is to be informed.

Society structures

 [76]      Our life and mission evolve in local communities. A Region is made up of local communities. Persons, entities, and foundations, unattached to any region, are followed by the General Direction directly or through a Delegate. The local communities, regions, and other structures form a single family: the Xaverian Society.

 Normative texts

 [77]      The juridical prescriptions for our Society are the Constitutions and General Rule, general Directories, regional Statutes and chapter Documents. These draw inspiration from the testament letter and foundation rule of the Founder.

 Local communities

 Local community

 [78]      The basic unit of the Society is the local community. It is composed of a group of Xaverians who live the mission vocation according to the roles and tasks assigned to each. Faithful to its mission vocation the community is structured to provide for needs and various ministries of the members in its composition and internal organization, in conformity with regional statutes.

 78.1            Mission service demands a certain adaptability even in the style of our communities. Canonically erected communities are those in which confreres live together in a legally established house with a Superior. Small communities are composed of a group of Xaverians that reside together. Community of reference: the assigned place, where occasionally meetings with a Xaverian community for moments of prayer, revision, information, relaxation may take place, for those individual confreres who, because of their apostolic work and with permission of the Superior, usually live in community with non-Xaverians.

 Directive and other local community roles

 [79]      Every community has an assigned person who is entrusted with the task to animate and guide the members. He is also the contact person who links the group in unity with other communities and the region. Superiors of houses are named by the Regional Superior with his council, after due consultation with the interested community. Regional statutes determine requirements: number of years of perpetual profession, the procedure used in designating the person, the length of the mandate, the definition of competence. The statutes also define the nature of other community offices.

 79.1            Wherever necessary, a district coordinator may be appointed to animate the life of the district community and preside over its meetings.  The coordinator is a delegate of the Regional Superior and his competence is defined in the local statutes.

 79.2  The novice master and rector of the theology community are appointed by the Regional Superior, with the consent of his council, and the approval of the General Direction.        

 79.3            Apart from exceptional situations, recognized as such by the General Direction, no one is to retain an authority positions for more than 12 consecutive years.

 Opening and suppression of a religious house

 [80]      The erection of a religious house falls within the competence of the Regional Direction, which acts in agreement with the General Direction. The suppression of a house is the competence of the General Direction The contents of a suppressed house pass to the patrimony of the region; the will of the founding group, benefactors, and legitimate acquired rights are to be respected.

Regional government

Regions

 [81]      Local communities, that are under the direction of the same Superior and work in the same geographic area, may constitute a Xaverian region, when an adequate degree of organization, proficiency and autonomy has been attained. The nature, scope, purpose, characteristics of the regions are defined by the decree of erection and the norms of the Congregation.

 81.1            Our regions may adopt the title commonly used locally for structures of this nature in the various nations, e.g.. province.

 81.2            Whatever is specified about regions applies by analogy to delegations, unless other limits are expressly stated in the decree of erection.

 Creation, restructuring, suppression of regions

[82]      The General Direction may erect or re-structure a region whenever it believes that given conditions, the purpose of the Congregation, or the good of the church requires it. The suppression of a region is within the competence of a General Chapter which determines where the goods of the region will be allocated.

Aggregation and assignment

 [83]      A Xaverian, by first profession, becomes a member of the province that admitted him to the novitiate (aggregation). The first assignment of confreres who have completed the formation curriculum, and transfers of members from one region to another fall within the competence of the General Direction, the confrere and Regional Superiors involved are to be previously consulted.

 83.1            A Xaverian becomes a member (aggregation) of a region to which he has been assigned when he actually arrives in that region.

 83.2            Whenever a Xaverian is temporarily in another region, for study, work, or other reasons, he conforms to the ordinary norms of the community where he is residing.

 The Regional Chapter

 [84]      The Regional Chapter is celebrated every three years. Its purpose is to provide direction for our activity, encourage unity among members and with the whole Congregation. It is most important expression of shared responsibility by members of the region.

 Its principal functions are:

   -        to promote fidelity to the spirit and purpose of the Society,

   -        to review the state of the region, its activities and sectors,

   -        to update and revise the regional statutes when needed,

   -        to study and apply the norms of the General Chapter,

   -        to elect the Regional Direction,

   -        to program the activity of the region.

 Notification and composition of the Regional Chapter

 [85]      The Regional Superior with the consent of his council calls a Regional Chapter. Participants in the chapter are the members of the Regional Direction and elected delegates or all the confreres as determined by the regional norms.

 85.1            The regional statutes determine what form the chapter will take depending upon the number of confreres who are members of the region and their possibility to actually participate in it.

 85.2            A chapter can validly meet provided two-thirds of the confreres who ought to participate in it are actually present.

 85.3            Confreres who are absent during the celebration of the chapter can neither vote by mail nor by proxy.

 85.4            Whenever the Superior General or his delegate is present at a Regional Chapter, he is ex officio president. He does not, however, take part in the voting. 

Approval of chapter decisions

 [86]            Regional Chapter decisions are to have the approval of the General Direction.

  Regional Direction

 [87]      The Regional Superior and his council constitute the Regional Direction. Together, with a community spirit, they study problems and take needed decisions for the good of the region. The Regional Superior meets with his council on a regular basis as established in the statutes.

Regional Superior

 [88]      The life and activity of the region are guided and animated by the Regional Superior with due cooperation from his council. He holds authority over the communities and members of the region according to Society norms.  Fraternal interest and care for the confreres are his first priority and concern.

 His other tasks are:

   -        to foster unity among the members in their ministry and life,

   -        to encourage their mission activity in union with the local church and affirm them in their religious consecration,

   -            promote and favor their ongoing spiritual, doctrinal and professional formation,

   -        to inform the members about the financial status of the region, attentively supervise the administration of our holdings, and assure a life style which is in keeping with our vocation,

   -        to preserve contact with and inform the General Direction about the situation of the region.

 88.1             A number of points are explicitly mentioned in the Constitutions and normative texts which require a deliberative vote of the regional council. Other matters require similar consideration, eg. whenever our rules indicate that a decision is to be taken by the Regional Direction or by the Regional Superior with his council. This procedure is also followed;

   -        when new pastoral commitments and diocesan works are assumed,

   -        when there is a re-location of the regional house or a house of formation, save what is mentioned in can. 647,1.

 88.2            The council may only deliberate if the majority of members is present, including the Regional Superior or a counselor, who acts as his delegate.

 88.3            The administration of temporalities in the region is entrusted to a Regional Treasurer, nominated by the Regional Superior with the consent of his council.

 88.4            The Regional Superior may periodically gather the confreres in plenary assembly or according to sectors. These gatherings may address various aspects of regional life and activity, or they may provide time for study, or theological or pastoral reflection. These meetings are merely consultative by nature, yet the confreres are expected to participate in them.

 Election and requisite qualities for the Regional Superior

 [89]      The Regional Superior is elected by the Regional Chapter for three years, according to election norms. He must have at least three years of perpetual vows, and possess the qualities necessary to fulfill this important task. He may be re-elected but a two third majority vote is required to be elected for a third consecutive term. A fourth consecutive term is not permitted.

 89.1            Election to a third consecutive term: if the required 2/3 majority is not obtained in the second ballot, the incumbent loses his right to be chosen and the election begins anew.

 89.2            The Regional Superior is usually selected from the five most voted names in the consultative ballot cast by the perpetual professed members of the region. The granting of a "nihil obstat" to this list of five names by the General Direction is to be considered a previous canonical confirmation. The chapter delegates may choose another candidate, in which case the confirmation of the election by the General Direction is required.

 89.3            Should the office of Regional Superior fall vacant, the vice regional assumes the office and within six months convokes a chapter to elect a successor.  If the vacancy occurs in the last year of the term, the vice regional finishes out the mandate, and provides for the election of another consultor in the meantime.

 Vice Regional

 [90]      The Vice Regional substitutes for the Regional Superior whenever he is absent or unable to carry out his office, and assists the Regional Superior in the various tasks assigned him.

 Regional consulters

 [91]      The consulters are elected by the Regional Chapter according to local norms. They remain in office until the next chapter.

 91.1            The regional consulters are four in number. The vice regional is chosen before the election of the others.

 91.2            Should a consulter leave office before the conclusion of the mandate the regional, with his council, provides for the election of a new consulter who will remain in office until the next chapter.

 Central Government

 The General Chapter

 [92]      The General Chapter enjoys supreme authority within the Congregation. It is the foremost sign and instrument of corresponsibility and participation of all the confreres in the  life of the Congregation.

 Composition of the General Chapter

 [93]            Members of the General Chapter are:

   -        the Superior General and his consulters are members "ex officio,"  

   -        one or more delegates chosen by each electoral college according to the directory of the General Chapter.

   Voting rights

[94]      All confreres, who are perpetual professed at the time of the announcement of the chapter, enjoy active and passive voting rights in the election of delegates.

Notification, convocation, presidency of the General Chapter

 [95]      The General Chapter is held every six years. Notification of the chapter is announced by the Superior General with the consent of his council. The Superior General convokes the chapter and pre-sides over it. A General Chapter cannot validly deliberate if a quorum of 2/3 of those who have a right to participate is not had.

 Functions of the General Chapter

 [96]      It is the duty of the General Chapter to:

   -        attentively examine the general status of the life and work of the various sectors of the Congregation,

   -        promote the spiritual and apostolic spirit of the Society in conformity with its charism and the actual needs of the church and the world,

   -        elect the Superior General and his council,

   -        review previous chapter decisions and either confirm, modify or integrate them as necessary,

   -        produce new directives to animate our religious life and ministry,

   -        outline a six year program of action for the Congregation,

   -        update the general rule and directory norms as necessary.

 96.1            Unless our election norms specify otherwise, the person elected is the one who obtains an absolute majority of votes based on the number of delegates present. After three inconclusive ballots the voting will continue between the two candidates having the greater number of votes. Should more than two have an equal number of votes the run off is held between the two who are senior by profession. In the fourth ballot the candidate having the greater number of votes is elected, in the event of parity votes the senior by profession is elected.

 96.2            Decisions, on the other hand, are passed when an absolute majority, of the votes of those present, is obtained. After three inconclusive  bal-lots the absolute majority is based on the number of valid votes cast. In case of parity the presiding officer can break the tie with his vote.

 Chapter decisions

 [97]      All chapter decisions adopted are to conform to our Constitutions. These decisions have the force of law and may be abrogated only by another General Chapter, save for what is stated in art. 96 about decisions.

 97.1            General Chapter directory: All other matters relative to the General Chapter are regulated by the chapter directory, which is periodically updated and approved by the chapter.

General Direction

[98]      The Superior General and consultors constitute the General Direction, they enjoy true corresponsibility in governing the Society. The General Direction is guided by a community vision which encourages them to routinely exchange information and views freely so they may arrive at a consensus in their decisions.

 Superior General

 [99]      The Superior General is the center of unity for our family, and he is its representative. We see him as the successor of Monsignor Conforti. He is the person ultimately responsible for the members, communities, circumscriptions. His ministry, which is one of guidance, animation, government, is directed to the whole Congregation.

 Qualities of the Superior General

 [100] The Superior General is to have completed five years of perpetual profession, and possess the spiritual, human, governing qualities indispensable to this office, and possibly have had a significant mission experience. He is elected for a six year term, he may be re-elected but not for a third consecutive term.

 100.1 Should the office of Superior General fall vacant during the first four years of his mandate, the Vicar General will assume the role. Within a year, in agreement with his council, he will convoke a chapter to elect a successor. Should a vacancy occur during the final two years, the Vicar General will assume the role of Superior General until the end of the mandate. In this case he will provide for the election of another consultor.

 Role of the Superior General

 [101] The principal duties of the Superior General are to:

   -        promote constant and renewed fidelity to our mission charism in keeping with the Constitutions,

   -        encourage and favor the spirit of brotherhood and congregational belonging,

   -        direct the Society in its service to the church through evangelization by using effective means which best respond to the true needs of the people of God today,

   -        affirm the regional and local Superiors in their personal fidelity and directive service to the confreres,

   -        guarantee that the norms of the Constitutions and chapter decisions are fulfilled.

 101.1 The Superior General, either personally or through a consultor so delegated, visits the various circumscriptions frequently to better know the confreres and their mission work. If a visitor is selected, who is not a consultor, this choice is made by the Superior General with the consent of his council.

101.2  The Superior General with the consent of his council may emanate documents which give directives to the whole Congregation.

 Spirit of cooperation

 [102] The Superior General discharges his mandate in communion and close collaboration with his consulters. He is attentive to their views and opinions, keeps them informed about the status of the Congregation, asks their vote when so required, enlists their cooperation in governing the Society.

 Vicar general

 [103] The Vicar General substitutes for the Superior General whenever he is unable to fulfill his office, completely or in part. The Vicar General is the first of the consulters.

 103.1 The Vicar General is elected at the chapter before the others.

 103.2  If the office of Vicar General becomes vacant, the General Direction proceeds collegially to elect a new consultor; the new Vicar General is then elected from among the four.

 The General Consulters

 [104] The Consulters are duly elected by the General Chapter in accordance with our norms and remain in office until the next chapter.

 104.1  There are four General Consulters.

 104.2  If the office of Consulter becomes vacant before the end of the mandate, the Superior General and the council proceed collegially to elect a new Consulter, who will remain in office until the next chapter.

104.3  The resignation of a Consulter takes effect only when it is accepted collegially by the Superior General with the other three Consulters.     

 The role of Consulter

 [105] Consulter have the right and duty to identify and study problems of interest to the Congregation, and to assist the Superior General take the required decisions.

 105.1  Consulter share the authority of the Superior General when they cast their vote and when they fulfill the tasks assigned to them.

 105.2  In order to follow certain sectors and activities of the Congregation the General Direction may create general prefectures and define the limits of their competence. The prefectures may deal with matters such as, religious life, personnel issues, mission activity, formation, mission animation, financial matters, geographic areas etc.

 Council meetings

 [106] The Superior General calls meetings with members of his council to discuss ordinary and extraordinary matters of the congregation with a certain frequency. The agenda for the meetings is communicated to them beforehand.  The council may validly attend to the business at hand provided two council members are present besides the Superior General or a consultor delegate.

 106.1  Each consultor may present matters regarding issues or personnel of the Society for consideration.

 106.2  Should a full council meeting be required when not all consulters are available, the council may be integrated by calling on the Secretary General or the Rector of the generalate, in that order.

 The Secretary General

 [107] The Secretary General is the designated notary, archivist, record keeper for the congregation.  He is the secretary of the General Direction for official documents and acts. He is appointed in full council by the Superior General with the consent of his council.

 Conference of Regional Superiors

 [108] The Conference of Regional Superiors is the formal assembly of Regional Superiors with the Superior General and his council. It provides an overview of the Society, a follow up on chapter decisions, and deals with the more important and pressing problems of the congregation. The Conference is consultative by nature.

 108.1  The Conference of Regional Superiors is held every two years.  It is convened and presided over by the Superior General.

108.2  The General Direction may also promote inter-regional meetings regarding more important aspects of the life of the congregation.

  Administration of temporalities 

 Means of support

 [109] The congregation puts its trust in our provident Lord for whatever pertains to our internal life and due development of our mission activity. It request all of members to collaborate, by work and interest in this effort to procure all that is necessary to attain this goal.

 Juridical status of the Society

 [110] The Society as a whole, the regions, the houses, all enjoy  juridical identity.  As moral entities they can acquire, possess, administer and alienate temporal goods in conformity with the limitations of canon law and our own statutes. The use of this right is conditioned by and subordinate to the requisites of evangelical poverty and our individual and corporate witness response to this.

 Unity of ownership

 [111] The Society is a single family. Our administration of temporal goods is governed by the principle of substantial unity in property ownership. Hence, the possessions of every part are subordinate to the prevalent interest of the common good which aspires to gospel inspired equal distribution of goods.

 Sharing of goods

 [112] For a sufficient cause, after hearing the interested parties, the Superior General, with the consent of his council, can transfer temporal goods from one entity to another in greater need.  The Regional Superior, with his council, can act in like manner with regard to the houses and communities of the region.

 Ownership of acquired goods

 [113] Whatever a Xaverian acquires through work, activity, personal skills, all that is received as a Xaverian, any pension, subsidy, insurance settlement obtained, rightly belongs to the congregation, and more precisely to the community to which he belongs. Other provisions are determined by Society norms or the General Direction.

 Ordinary administration

 [114] Temporalities possessed by the congregational are ecclesiastical goods and are administered according to the norms of canon law and particular law of the Society.  Treasurers exercise their role within the limits of their competence and under the supervision of their superior.  They are assisted in their work by a council for economic affairs. All the treasurers are to present the annual budgets and financial reports to their superiors according to what is determined in the directory for temporal goods and regional statutes with regard to method and timing.  Once the annual financial report of the region has been approved by the council it will be sent on to the General Direction by the Regional Superior.

 Extraordinary administration

 [115] In order for transactions of extraordinary administration, which exceed the set limits established for regions by the General Direction, to be valid, the written authorization of the Superior General, with the consent of his council, is required. This same requirement applies to acts of alienation (sales, security bonds, mortgages, debts contracted) and to whatever else may adversely affect the financial stability of the moral person.  For the validity of transactions of extraordinary administration and alienation, within the authorized limits of the General Direction, decisions are taken in full council and by collegial procedure.

 Juridical responsibility

 [116] The Society  at all levels is not liable, in canon or civil law, for financial transactions or administrative acts perpetrated by an individual Xaverian unless he is able to produce a written statement from his legitimate superior authorizing such actions.

 116.1  General directory for temporalities: Many other regulations relative to the administration of temporalities are found in the general directory, which is approved and updated in General Chapters or by the General Direction duly delegated by the chapter.

 Final dispositions

 Dispensation from the norms

 [117] The Superior General has the authority to dispense from disciplinary norms of our particular legislation for individual cases, if he deems this necessary and helpful to the person benefited. If, however, he wishes to dispense a whole community in like manner, he would need to obtain the consent of his council.

 Modifications and interpretation of the Constitutions

 [118] The General Chapter may propose modifications to the constitutional text in order to adapt it to changed times and conditions. Modifications are to be studied with care, accepted only if they enjoy a 2/3 majority vote, and they will have the force of law once they have the approval by the Holy See. The General Direction may interpret the Constitutions and other congregation norms and give provisory directives regarding doubtful matters until the next General Chapter.

 Observance of the Constitutions

 [119] The present Constitutions provide us Xaverians with guidelines for our life. We refer to them often, make them the object of our reflection and pledge ourselves to observe them faithfully.


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