XI. THE SERVICE OF AUTHORITY IN THE PROVINCIAL COMMUNITY
The provincial and his council
C 162
143. Before appointing a provincial the Rector Major will consult the professed members of the province in accordance with article 162 of the Constitutions, and will ask each one for a list of three names of members of their own or other provinces and arranged in order of preference.
C 161
144. The provincial is the bond of union between the province and the Rector Major with his council; he fosters relationships with the civil authorities and with ecclesiastical and religious organizations in his area.
C 161
145. The provincial should keep in contact with the rectors and give them special attention. He should call them together at least once a year to treat of matters of general interest for the province.
146. The provincial will see to it that he has frequent personal contact with the members, always in a spirit of service and fraternal communion.
1. Once a year he will make with particular care the provincial visitation to each community.
2. During the visitation he should meet each member, hold a meeting of the local council, and carry out with the community a review of their religious observance, the witness of their consecrated life, their apostolic zeal in pastoral activities, their concern for fostering vocations, and the financial situation. The provincial councillors may assist him in this task.
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3. At the end of the provincial visitation he should write down in the register kept for this purpose in the archives of the house his observations and decisions of a general character. Those of a confidential nature he should communicate separately. At the next visitation he should verify that they have been carried out.
147. By means of opportune contacts with the various groups of the Salesian Family and through his delegate for this sector, the provincial will seek to promote the sense of belonging to a common vocation and a deeper understanding of what this means.
148. Aware of the important role played by our lay collaborators, the provincial should show a keen interest in their Salesian preparation and should ascertain how they are integrated in our works.
C 162
149. The provincial may stay the execution of a superior order, in accordance with universal law, if there are motives to the contrary so grave and evident as to justify him in believing that if the superiors concerned had known of them they would have acted otherwise, but in such a case he must inform them fully and immediately. If the suspended order concerns a member, the latter shall place himself at the disposal of the provincial while a reply is awaited (cf. CIC, can. 41).
150. A member is assigned to a specific Salesian house by a precept of obedience from his own provincial or other competent authority. The number of confreres in a house shall normally be not less than six.
C 160
151. For a just reason the provincial, after hearing the opinion of his council and the member concerned, may on request send him temporarily to another province under a written agreement with the provincial who receives him. Permanent changes of province require the authorization of the Rector Major.
C 162
152. Members will exercise the ministry of hearing confessions with the permission of the provincial, in accordance with canon law.
153. To change the provincial house the provincial must have the consent of his council and seek the authorization of the Rector Major.
He shall also have an understanding with him if he will be absent from the province for a considerable length of time.
C 167
154. The manner in which the consultation preceding the appointment of provincial councillors is made shall be laid down by the Rector Major with the consent of his council.
155. It is the duty of the provincial council to collaborate with the provincial for the development of the Salesian life and mission, to help him to gain knowledge of situations, and to see that the provincial plan is being put into practice through contacts with those responsible and with the respective commissions.
C 164
The council shall be called together by the provincial at least once a month, and the agenda to be dealt with shall be made known in advance.
156. In addition to those already indicated in the Constitutions, the provincial needs the consent of his council according to the General Regulations in the following cases:
1. authorizing coeducational schools [R 3];
2. drawing up contracts with Local Ordinaries and other bodies [R 23,25];
3. setting up eventual mission offices and twinning arrangements [R 24];
4. allowing a confrere to carry out pastoral work in non-Salesian institutions [R 35];
5. changing the location of the provincial house [R 153];
6. appointing the moderator of the provincial chapter, and inviting experts and observers [R 168];
7. establishing the manner in which the consultation for the appointment of rectors shall be carried out [R 170];
8. transferring a rector to another office during his term of appointment [R 171];
9. requesting authorization for the financial operations referred to in article 188 of the Constitutions [R 193];
10. approving the financial budget and balance sheet of the province [C 190; R 196];
11. fixing the contributions to be requested from the houses for the needs of the province [R 197];
C 165
12. authorizing modifications, or solutions to economic problems, or other undertakings of considerable importance in the houses [R 200].
157. The provincial must hear the opinion of his council, according to canon law and the General Regulations, in the following cases:
1. for the choice and preparation of personnel for formation communities;
2. for the selection of parish priests [R 27];
3. for the temporary transfer of a confrere to another province [R 151];
4. for the appointment of the provincial secretary [R 159];
5. for the setting up of offices and secretariates, and the establishing of commissions for consultation or pastoral activity at provincial level [R 160];
6. for setting in motion the process of dismissal of a member [CIC, can. 697).
C 165
158. When matters of particular importance concerning a local community are dealt with in the provincial council, care shall be taken to ascertain the views of the community concerned.
159. The provincial and his council have at their service a secretary who has the role of a notary.
C 164
He is present at the meetings of the council without the right to vote, unless he is one of the councillors; he records the minutes. He is in charge of the provincial archives and sees to the collecting and recording of statistics. He is appointed by the provincial after hearing the opinion of his council and remains ad nutum.
160. It belongs to the provincial, after hearing the opinion of his council, to set up offices and secretariates, and to establish commissions for consultation or pastoral activity at provincial level.
C 173
161. The elections of the delegates of the local communities to the provincial chapter and of the delegates of the provinces to the general chapter will be made separately by secret ballot according to the norms of article 153 of the Constitutions.
C 173
162. After the delegates are chosen, an equivalent number of substitutes will be elected to take their place if they are definitively prevented from taking part in the provincial or general chapter. The manner in which the substitution is to take place for the general chapter will be decided by the provincial chapter.
163. In the case of local communities having less than six professed members, if circumstances permit the provincial should arrange that they meet together so as to form the number of at least six professed members, under the presidency of the rector who is senior by first profession. Thus united they will elect the delegate for the provincial chapter and his substitute according to the norms of the Regulations.
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If however because of special circumstances the members of a house with less than six professed members cannot join with another in like condition, with the consent of the provincial the members of such a house shall join the members of a house with six or more professed members and together with them and with equal rights, active and passive, will proceed to the election of the delegate and his substitute.
164. Besides what is prescribed in article 165 of the General Regulations, voting by letter is allowed, with the approval of the provincial, in the following cases:
1. when because of distance or other serious reason the members of communities with less than the minimum of six professed members cannot meet together nor join the members of another house with six or more professed members for the election of the delegate to the provincial chapter;
2. when a confrere cannot be present for serious reasons at the election of the delegate of his own community;
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3. when a member of the provincial chapter cannot attend the chapter for the election of the delegate of the province to the general chapter.
165. For the election of the delegates of the provincial community the following is to be observed:
1. When the election of the delegate of each community has been completed, the provincial will notify the confreres of the names of those elected, and will send them a list of the perpetually professed members of the province who are eligible for the provincial chapter. This list will include confreres temporarily and lawfully absent from the province and exclude confreres of other provinces present for the same reasons;
2. confreres who for lawful reasons are temporarily absent from their province will participate in the election of the delegate of the community in which they reside, but for the election of the delegates of the provincial community they will receive from their own provincial a voting-paper which they will return to him duly completed;
3. the number of those to be elected is in the proportion of 1 for every 25 or fraction of 25 members of the province; in arriving at this number both temporarily and perpetually professed members are included, as well as confreres temporarily absent from the province for lawful reasons;
4. each confrere with the right to vote will receive from his provincial a voting-paper on which he may indicate as many names as there are members to be elected;
5. it is for the provincial to collect the voting-papers and guarantee the secrecy of the voting;
6. the counting of the votes will be done by scrutineers appointed by the provincial. Those who have the highest number of votes in successive sequence will be elected. If votes are equal the senior by profession will be elected, or in the case of further equality the senior in age;
7. if the substitute of a delegate of a community is elected on the provincial list a new election for the substitute will be made. If one of those elected on the provincial list cannot take part in the chapter, he will be substituted by the first of the non-elected members who received the highest number of votes.
166. The following confreres are to be considered as lawfully absent from the province:
1. those who by express mandate of their own provincial are living temporarily in houses of other provinces for reasons of health, study or other duties;
2. those who received permission for absentia a domo without giving up their right to active and passive voice;
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3. those with permission for absentia a domo who have renounced their right to active and passive voice; but this last group, while being included for the purpose of article 165 of the General Regulations, are not to be included in the list for the election referred to in nn. 1 and 2 of the same article.
167. In addition to what is prescribed in article 171 of the Constitutions, it belongs to the provincial chapter:
1. to study and analyse the report of the provincial on the state of the province;
2. to verify what has been done in response to the guidelines issued by the previous provincial chapter;
3. to suggest ideas and criteria for the planning and reorganization of the works of the province;
4. to establish standing orders for the functioning of the provincial chapter in accordance with canon law (cf. CIC, can. 632);
C 171
5. to forward proposals to the moderator of the general chapter.
168. With the consent of his council the provincial has the power of appointing the moderator and of inviting to the provincial chapter Salesians and non-Salesians as experts or observers, without the right to vote.
C 123
169. In elections, consultations and appointments, it should be kept in mind that it is desirable for chapters and councils to express by the significant presence of clerical and lay members the complementary relationship between them that is characteristic of our Society.