1.2.1 Canonical and Civil Organization
1.2.1.1 Canonical Overview
(Arch)diocese in the Catholic Church
Each diocese is a portion of the people of God entrusted to a bishop for pastoral care, to be shepherded by him with the cooperation of the presbyterate. A diocese constitutes a "particular church" in which Christ's one, holy, catholic, and apostolic church is truly present (Canon 369). Therefore, a diocese or archdiocese should not be seen as merely an administrative division of the universal Church. The Archdiocese of Los Angeles is an archdiocese because it is presided over by a diocesan bishop who has been appointed by the Holy See to preside over an ecclesiastical province (two or more dioceses in a territory) as its metropolitan, with the title of "archbishop".
The Church acknowledges the diocesan bishop as having full responsibility for teaching, sanctifying and governing the Church entrusted to him. He exercises the power of governance, which is distinguished as full legislative, administrative and judicial power in his diocese, exercised in hierarchical communion with the college of bishops and its head, the Roman Pontiff. In the Church, the power of governance is either "ordinary" -- namely joined by law to an office -- or "delegated" to a person not by means of an office. Ordinary power is either "proper" -- exercised in one's own name -- or "vicarious" -- exercised in the name of another. (Canon 131). In distinction from ordinary power, Church law designates certain office holders as an "Ordinary" -- including the Roman Pontiff, diocesan bishops, etc. as well as vicars general and episcopal vicars and others. (See Canon 134).
Bishops of Los Angeles
Bishops are selected and appointed by the Apostolic See according to the procedures outlined in canon law (Canon 377). A diocesan bishop exercises authority directly over the faithful present in the diocese entrusted to his care, including clergy, members of religious orders, and all the laity. Archbishop José H. Gomez carries out the responsibility of chief priest, shepherd, and teacher of the archdiocese.
Bishops also may be designated to serve as auxiliary bishops in the capacities assigned to them (Canon 377). In the archdiocese, Archbishop Gomez has continued the structure adopted in 1988 of organizing the archdiocese into five pastoral regions, each overseen by an auxiliary bishop or other clergy designated as the episcopal vicar for the region.
Auxiliary bishops have been designated for a pastoral region or particular responsibility to assist the archbishop in his pastoral role and in exercise of his executive role. They are also designated as vicars general in the archdiocese, to fulfill administrative roles on matters not specifically restricted to the archbishop. The five pastoral regions of the archdiocese of Los Angeles are Santa Barbara,
San Fernando,
San Gabriel,
San Pedro, and
Our Lady of the Angels.
Each
pastoral region is divided into four deaneries. The deaneries generally include 15 to 20 parishes, except the Santa Barbara Pastoral Region, which has 37 parishes divided among its four deaneries. The deaneries are coordinated by a dean, who is usually a pastor of a parish in the deanery appointed by the archbishop. The deaneries generally meet monthly, frequently with pastoral region participation, to discuss issues of common concern and interest to the member parishes, participate in professional and pastoral development and reflection, and advise on matters brought to them by the archbishop,
Council of Priests, or the bishop or episcopal vicar of the pastoral region.
Deans are appointed by the archbishop after consultation with the priests of the deanery through a vote. Deans are nominated from among the active priests of a deanery by all the active priests and parish life directors of the deanery using a nominating ballot sent out by the pastoral regional office. The appointment is for a five-year term, staggered so that no more than one dean in each pastoral region is completing a term in any one year. If a dean cannot finish his term, another priest is selected to complete the term.
Canonical Administrative Structure
While canon law places an emphasis on the pastoral role of the archdiocese, in fact, both the pastoral and temporal operations in the modern Church have become much more complex, and in the United States, dioceses, including the archdiocese, now provide significant administrative assistance, leadership, and resources. Temporal goods are necessary to the Church in the pursuit of its proper ends and accordingly, canon law provides details of how the Church acquires, retains, administers, and alienates temporal goods from the perspective of the Church and its internal powers and procedures (cf. Canons 1254–1310). As an institution in the world, the Church is also subject to civil laws that impact its temporal and secular activities. Implications of civil law for the archdiocese are discussed in
Civil Overview.
The moderator of the curia, under the authority of the archbishop and as his principal vicar general, coordinates the exercise of administrative responsibilities, ensures that other members of the curia in the archdiocese duly fulfill the offices entrusted to them (Canon 473 §2). He has general administrative responsibility for the chancery, which in the archdiocese is organized as the
Archdiocesan Catholic Center ("ACC") and the
regional offices.
This Administrative Handbook covers many of those activities; describes the interaction between and among the parishes, schools, and archdiocese; contains important operating information; and reflects the core administrative policies, procedures, and guidelines that are expected to be applied throughout the archdiocese. The archdiocese provides the administrative guidance and oversight through the departments and services centered at the ACC. The parishes of the archdiocese fund a significant portion of the costs of operating the ACC through an annual assessment (under "Banking Relationship," see Archdiocesan Assessment and Special Collections), which is set by the archbishop in consultation with the senior consultative bodies of the archdiocese as a percentage of parish ordinary revenues.
Although each parish has the right to acquire, retain, administer, and alienate temporal goods by virtue of canon law (see Canons 515 §3, 1255, and 1256), the diocesan bishop is responsible for overseeing carefully the administration of all the goods that belong to the parish. In exercising this responsibility, he may issue special instructions within the limits of universal and particular law with due regard for rights, legitimate customs, and circumstances (Canon 1276). See the general guidelines on
financial transactions. These activities are also governed by the applicable civil laws.
The Roman Catholic Archdiocese of Los Angeles The Administrative Office of the Archdiocese of Los Angeles illustrates the organizational structure of the central offices of the Archdiocese of Los Angeles. It explains the division of the central administrative functions.
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Role of the Archbishop
In accordance with the Scriptures, Roman Catholic tradition, and canon law, the archbishop, as the diocesan bishop, is the chief shepherd of the Church in Los Angeles (see Canons 376 and 381). He exercises legislative, judicial, and executive powers of governance in the archdiocese in accord with the norm of canon law (Canon 391 §1). He participates in the functions of Christ as priest, prophet and king. As high priest, he oversees the whole of the sacramental life of the Church in the archdiocese.
In exercising the function of a pastor, a diocesan bishop is to show himself concerned for all the Christian faithful entrusted to his care, including those not baptized. (Canon 383). He is to attend to his priests and listen to them as assistants and counselors. He is to protect their rights and take care that they correctly fulfill the obligations proper to their state. He also is to take care that provision is made for their decent support and social assistance. (Canon 384). As much as possible, a diocesan bishop is to foster vocations to different ministries and to consecrated life, with special care shown for priestly and missionary vocations. (Canon 385).
Auxiliary bishops, appointed by the Holy See, serve until their resignation or retirement is accepted by the Holy See. They are appointed to assist the archbishop in his pastoral care of the archdiocese.
The archbishop exercises his governing power either personally or through persons he appoints and whose powers are defined in law or by assignment. (Canon 391 §2). In the archdiocese, the vicar general, the moderator of the curia, episcopal vicars for the pastoral regions, judicial vicar, vicar for canonical services, chancellor and vice chancellors exercise the powers delegated to them by the archbishop and in accord with the law. Some episcopal vicars, such as the vicar for clergy, are appointed for a term by the archbishop. They respond directly to the archbishop in the exercise of their functions. In the archdiocese, the auxiliary bishops are usually appointed by the archbishop as episcopal vicars for the pastoral regions.
Chancellors and vice chancellors may be clergy or non-clergy. The moderator of the curia, the chancellor and the vice chancellor -- who serves as the senior director of ministerial services -- have been designated by the archbishop as the leadership team for the archdiocese. The moderator of the curia and the chancellor have been designated by the archbishop in civil law as attorneys-in-fact for The Roman Catholic Archbishop of Los Angeles, a corporation sole.
In the archdiocese, the vicar for clergy coordinates matters related to deacons and priests. The vicar for religious coordinates matters related to women religious and their communities and religious brothers and their institutes.
To assure stability in every diocese, church law requires a finance officer. This official may be either a lay person or cleric. The archbishop, after requisite consultations, appoints the officer for a five-year renewable term. The finance officer (known in the archdiocese as the chief financial officer) remains in office even when there is a change or vacancy in the office of archbishop (Canon 494).
Canon law requires that the archbishop seek input of various consultative bodies for specified decisions.
In addition to his role as diocesan bishop in the archdiocese, the archbishop of Los Angeles is designated as the metropolitan for the ecclesiastical province which includes the Dioceses of
Fresno, Monterey, Orange, San Bernardino, and San Diego; these are referred to as the suffragan dioceses. In that capacity, canon law provides that the archbishop must exercise vigilance on behalf of the Holy See to assure the suffragan dioceses are observing, communicating, and exercising the faith properly and to counsel and report neglect of that standard. See e.g., the motu proprio "Vos Estis Lux Mundi" which sets out the responsibilities of the metropolitan in regards to reports of clerical sexual abuse, including allegations involving bishops. The metropolitan has no direct administrative control or duties in the suffragan dioceses. (Canons 435-438.)
1.2.1.2 Civil Overview
The Roman Catholic Archbishop of Los Angeles, a corporation sole
The Roman Catholic Archbishop of Los Angeles, a corporation sole (RCALAcorp) incorporated under the laws of the State of California, serves as the principal civil corporation for the civil affairs of the archdiocese. The corporation sole was formed for the purpose of administering and managing the affairs, property, and temporalities of the RCALAcorp. During his term in office, the archbishop -- as the incumbent office holder -- is the sole officer charged with maintaining the interests of the RCALAcorp.
Individual parishes have distinct rights and duties in church law within their boundaries. For civil law purposes the parishes of the archdiocese are not formally organized as separate corporations. In certain circumstances they are considered nonprofit tax-exempt religious unincorporated associations.
Without compromising the distinct juridic character of parishes and other juridic persons in church law, parish real estate, the cemeteries, and other real estate and assets are generally held for civil law purposes by RCALAcorp.
Based on the rights of the archbishop in his civil status as chief officer of RCALAcorp, the archbishop acts after receiving such consents and advice as may be prescribed by canon law or archdiocesan policy. The archbishop may delegate authority to act to an attorney-in-fact whom he has designated. Currently, the moderator of the curia and the chancellor each are authorized to act as an attorney-in-fact for RCALAcorp. Also, in certain circumstances the chief financial officer or another person may be authorized to take certain actions, with the consent of the archbishop.
In the archbishop's role as "owner" in RCALAcorp, he is also the sole "owner" of the other civil law entities in the archdiocese, including the Archdiocese of Los Angeles Education & Welfare Corporation, a California religious corporation, which holds the real property and certain assets related to all parish and archdiocesan elementary and high schools. Refer to Civil Law Entities.
Under canon law, a pastor or an administrator of a public juridic person has the legal ability to contract, lend, or borrow money; enter into agreements for services or goods; or otherwise enter into any temporal transactions involving the assets of the parish, its school, or otherwise, subject to the limitations of the law itself. See e.g., 6.1.2 Responsibility for Oversight of Temporal Goods and Financial Management and 6.3.2 Location Spending and Signing Authority and Approvals. In the archdiocese, significant transactions regarding property, whether real estate or any other material transaction, require the approval (and usually the signature) of the archbishop or his legally approved delegate. This is also the reason the archbishop and the moderator of the curia are both
cosigners to any parish or school bank accounts.
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