Constitution of Immanuel Lutheran Church - Dixon, IL
EVANGELICAL LUTHERAN
CHURCH IN AMERICA
CONSTITUTION FOR THE
IMMANUEL LUTHERAN CHURCH
DIXON, ILLINOIS
Based on 1997 synod
model, ratified January 24, 1999 and including
all revisions through February
16, 2007
Table of Contents
Arrangement of
Congregation's Governing Documents
Term Explanations
*Preamble
Chapter 1 Name and Incorporation
*Chapter 2 Confession of
Faith
*Chapter 3 Nature of the
Church
*Chapter 4 Statement of
Purpose
*Chapter 5 Powers of the
Congregation
*Chapter 6 Church
Affiliation
*Chapter 7 Property
Ownership
*Chapter 8 Membership
*Chapter 9 The Pastor
Chapter 10 Congregation Meeting
Chapter 11 Officers
Chapter 12 Congregation Council
Chapter 13 Congregation Committees
Chapter 14 Organizations within the
Congregation
*Chapter 15 Discipline of
Members and Adjudication
*Chapter 16 Bylaws
*Chapter 17 Amendments
*Chapter 18 Continuing
Resolutions
*Chapter 19
Indemnification
*Chapter 20 Parish
Authorization
*Indicates chapters containing required provisions that must be
used without alteration or amendment of the text in any manner (neither
additions nor deletions).
ARRANGEMENT OF
CONGREGATION'S GOVERNING DOCUMENTS
1. The
provisions of the constitution, the bylaws, and the continuing resolutions of a congregation that pertain
to the same matter should be placed together for clarity in use.
2. A numerical
codification indicates (a) general subject, (b) constitutional provisions, (c)
bylaws, and (d) continuing resolutions.
a. Major sections are
designated as chapters. The chapter
designation becomes the first number in the codification sequence and is
followed by a period. Thus,
the provisions in "Chapter 8. Membership" are
preceded by "8."
b. Constitutional
provisions are codified with two sets of numbers: the chapter number and a two-digit number
preceding the second period in the codification. Thus, one constitutional provision related to
the "Membership" is codified C8.02.
c. Bylaws are codified
with three sets of numbers: the chapter
number, the related constitutional provision number, and a two-digit number.
Thus, one bylaw related to "Membership" would be codified C8.02.01.
d. Continuing resolutions
also are codified with three sets of numbers, except that the third set is
preceded by a capital letter. Thus, a
continuing resolution might be numbered C13. to
designate the chapter; C13.07. to designate the subject matter within
the chapter; and the third set might be numbered A95. in
the codification C13.07.A95. to indicate by the
"A" that it is the first continuing resolution regarding that subject
and by the "95" that it was adopted in 1995.
When many related
provisions are parts of a unit that are considered inseparable, they are
normally lettered "a," "b," "c," etc. When related provisions are part of a unit
but considered separable, such as a list of duties, they are normally numbered
in sequence.
If the related provisions
cannot be clearly judged to be separable or inseparable, preference may be
given to a numbered sequence.
3. If chapter numbers are considered the major sequence number,
constitution numbers as a fraction of the chapter number, and bylaw numbers as
a fraction of the constitution number, the codification can be said to provide
a progressive sequence. Thus C5.01. will
precede C5.03.10., and C9.11.16. will precede C9.13.
4. All provisions in the Model Constitution for
Congregations are prefaced with "C" to distinguish these provisions
from comparable ones in the synodical and church wide constitutions. An asterisk (*) preceding the "C"
indicates that the provision is a required one.
5. Some numbers are missing.
This is intentional. In the style
followed here, the number ".10." and multiples thereof have been
reserved for possible use as section headings in the future editions. Therefore, in the sequence, for example, of
Chapters 1, 9, and 12, these ".10." numbers do not appear.
TERM EXPLANATIONS
References to church:
In the governing
documents, "Church" with a capital letter is used references to the
one, holy, catholic, and apostolic Church. In references to the Evangelical
Lutheran Church in America, the words "church" and "this
church" in lower case letters are employed, although, for clarity in this
constitution, the full name or "ELCA" normally is used.
The specific congregation
may be identified, as provided in C1.02., as
"this
congregation."
*PREAMBLE
We, baptized members of
the Church of Christ, responding in faith to the call of the Holy Spirit
through the Gospel, desiring to unite together to preach the Word, administer
the sacraments, and carry out God's mission, do hereby adopt this constitution
and solemnly pledge ourselves to be governed by its provisions. In the name of the Father
and of the Son and of the Holy Spirit.
CHAPTER 1
NAME AND
INCORPORATION
C1.01 The name of this
congregation shall be Immanuel Lutheran Church of Dixon, Illinois.
C1.02 For the purpose of
this constitution and the accompanying bylaws, the Immanuel Lutheran Church
congregation is hereinafter designated as "this congregation."
C1.11 This congregation shall be incorporated under
the laws of the State of Illinois.
CHAPTER 2
CONFESSION OF FAITH
*C2.01 This congregation
confesses the Triune God, Father, Son, Holy Spirit.
*C2.02 This congregation
confesses Jesus Christ as Lord and Savior and the Gospel as the power of God
for the salvation of all who believe.
a. Jesus Christ is the
Word of God incarnate, through whom everything was made and through whose life,
death, and resurrection God fashions a new creation.
b. The proclamation of
God's message to us as both Law and Gospel is the Word of God, revealing
judgment and mercy through word and deed, beginning with the Word in creation,
continuing in the history of Israel, and centering in all its fullness in the
person and work of Jesus Christ.
c. The canonical
Scriptures of the Old and New Testaments are the written Word of God. Inspired by God's Spirit speaking through
their authors, they record and announce God's revelation centering in Jesus
Christ. Through them, God's Spirit
speaks to us to create and sustain Christian faith and fellowship for service
in the world.
*C2.03 This congregation
accepts the canonical Scriptures of the Old and New Testaments as the inspired
Word of God and the authoritative source and norm of its proclamation, faith,
and life.
*C2.04 This congregation
accepts the Apostles', Nicene, and Athanasian Creeds as true declarations of
the faith of this congregation.
*C2.05 This congregation
accepts the Unaltered Augsburg Confession as a true witness to the Gospel,
acknowledging as one with it in faith and doctrine all churches that likewise
accept the teachings of the Unaltered Augsburg Confession.
*C2.06 This congregation
accepts the other confessional writings in the Book of Concord, namely, the
Apology of the Augsburg Confession, the Smalcald Articles and the Treatise, the
Small Catechism, the Large Catechism, and the Formula of Concord, as further
valid interpretations of the faith of the Church.
*C2.07 This congregation
confesses the Gospel, recorded in the Holy Scriptures and confessed in the
ecumenical creeds and Lutheran confessional writings, as the power of God to
create and sustain the Church for God's mission in the world.
CHAPTER 3
NATURE OF THE CHURCH
*C3.01 All
power in the Church belongs to our Lord Jesus Christ, its head. All actions of this congregation are to be
carried out under his rule and authority.
*C3.02 The
Church exists both as an inclusive fellowship and as local congregations
gathered for worship and Christian service.
Congregations find their fulfillment in the universal community of the
Church, and the universal Church exists in and through congregations. The Evangelical Lutheran Church in America,
(ELCA), therefore, derives its character and powers both from the sanction and
representation of its congregations and from its inherent nature as an
expression of the broader fellowship of the faithful. In length, it acknowledges itself to be in
the historic continuity of the communion of saints; in breadth, it expresses
the fellowship of believers and congregations in our day.
CHAPTER 4
STATEMENT OF PURPOSE
*C4.01 The
Church is a people created by God in Christ, empowered by the Holy Spirit,
called and sent to bear witness to God's creative, redeeming, and sanctifying
activity in the world.
*C4.02 To
participate in God's mission, this congregation as a part of the Church
shall:
a. Worship God in
proclamation of the Word and administration of the sacraments and through lives
of prayer, praise, thanksgiving, witness, and service.
b. Proclaim God's saving
Gospel of justification by grace for Christ's sake through faith alone,
according to the apostolic witness in the Holy Scripture, preserving and
transmitting the Gospel faithfully to future generations.
c. Carry out Christ's
Great Commission by reaching out to all people to bring them to faith in Christ
and by doing all ministry with a global awareness
consistent with the understanding of God as Creator, Redeemer, and Sanctifier
of all.
d. Serve in response to
God's love to meet human needs, caring for the sick and the aged, advocating
dignity and justice for all people, working for peace and reconciliation among
the nations, and standing with the poor and powerless, and committing itself to
their needs.
e. Nurture its members in
the Word of God so as to grow in faith and hope and love, to see daily life as
the primary setting for the exercise of their Christian calling, and to use the
gifts of the Spirit for their life together and for their calling in the world.
f. Manifest the unity
given to the people of God by living together in the love of Christ and by
joining with other Christians in prayer and action to express and preserve the
unity which the Spirit gives.
*C4.03 To
fulfill these purposes, this congregation shall:
a. Provide services of
worship at which the Word of God is preached and the sacraments are
administered.
b. Provide pastoral care
and assist all members to participate in this ministry.
c. Challenge, equip, and
support all members in carrying out their calling in their daily lives and in
their congregation.
d.
Teach the Word of God.
e. Witness to the
reconciling Word of God in Christ, reaching out to all people.
f. Respond to human need,
work for justice and peace, care for the sick and the suffering, and
participate responsibly in society.
g. Motivate its members
to provide financial support for the congregation's ministry and the ministry
of other parts of the Evangelical Lutheran Church in America.
h. Foster and participate
in interdependent relationships with other congregations, the synod, and the
church-wide organization of the Evangelical Lutheran Church in America.
i. Foster and participate
in ecumenical relationships consistent with church-wide policy.
*C4.04 This congregation
shall develop an organizational structure to be described in the bylaws. The Congregation Council shall prepare
descriptions of the responsibilities of each committee, task force, or other
organizational groups and shall review their actions. (Such description shall be contained in
continuing resolutions in the section on the Congregation Council.)
*C4.05 This congregation
shall, from time to time, adopt a mission statement which will provide specific
direction for its programs.
CHAPTER 5
POWERS OF THE
CONGREGATION
*C5.0l The
powers of this congregation are those necessary to fulfill its purpose.
*C5.02 The
powers of this congregation are vested in the Congregation Meeting called and
conducted as provided in this constitution and bylaws.
*C5.03 Only such
authority as is delegated to the Congregation Council or other organizational
units in this congregation's governing documents is recognized. All remaining authority is retained by the
congregation. The congregation is
authorized to:
a.
call a pastor as provided in Chapter 9;
b. terminate the call of a pastor as
provided in Chapter 9;
c. call or terminate the
call of associates in ministry, deaconesses, and diaconal ministers in
conformity with the applicable policy of the Evangelical Lutheran Church in
America;
d.
approve the annual budget;
e. acquire real and personal property by gift, devise, purchase, or other
lawful means;
f. hold title to and use its property for any and all activities
consistent with its purpose;
g. sell, mortgage, lease, transfer, or otherwise dispose of its
property by any lawful means;
h. elect its Congregation Council and require them to carry out their
duties in accordance with the constitution, bylaws and continuing resolutions;
and
i. terminate its relationship with
the Evangelical Lutheran Church in America as provided in Chapter 6.
*C5.04 This congregation
shall choose from among its voting member’s laypersons to serve as voting
members of the Synod Assembly as well as persons to represent it at meetings of
any conference, cluster, coalition, or other area subdivision of which it is a
member. The number of persons to be
elected by the congregation and other qualifications shall be as prescribed in
guidelines established by this synod.
CHAPTER 6
CHURCH AFFILIATION
*C6.01 This congregation
shall be an interdependent part of the Evangelical Lutheran Church in America
or its successor, and of the Northern Illinois Synod of the Evangelical
Lutheran Church in America. This congregation
is subject to the discipline of the Evangelical Lutheran Church in America.
*C6.02 This congregation
accepts the Confession of Faith and agrees to the Purposes of the Evangelical
Lutheran Church in America and shall act in accordance with them.
*C6.03 This congregation
acknowledges its relationship with the Evangelical Lutheran Church in America
in which:
a. This congregation agrees to be responsible for its life as a
Christian community.
b. This congregation pledges its financial support and participation in
the life and mission of the Evangelical Lutheran Church in America.
c. This congregation agrees to call pastoral leadership from the clergy
roster of the Evangelical Lutheran Church in America in accordance with its
call procedures except in special circumstances and with the approval of the
bishop of the synod.
d. This congregation agrees to consider associates in ministry,
deaconesses, and diaconal ministers for call to other staff positions in the
congregation according to the procedures of the Evangelical Lutheran Church in
America.
e. This congregation agrees to file this constitution and any
subsequent changes to this constitution with the synod for review to ascertain
that all of its provisions are in agreement with the constitution and bylaws of
the Evangelical Lutheran Church in America and with the constitution of the
synod.
*C6.04 Affiliation with
the Evangelical Lutheran Church in America may be terminated as follows:
a.
This congregation takes action to dissolve.
b.
This congregation ceases to exist.
c. This congregation is
removed from membership in the Evangelical Lutheran Church in America according
to the procedures for discipline of the Evangelical Lutheran Church in America.
d.
This congregation follows the procedures outlined in C6.05.
*C6.05 This congregation
may terminate its relationship with the Evangelical Lutheran Church in America
by the following procedure:
a. A resolution
indicating the desire of this congregation to terminate its relationship must
be adopted at a legally called and conducted special meeting of this
congregation by a two-thirds majority of the voting members present.
b. The secretary of this
congregation shall submit a copy of the resolution to the synodical bishop and
shall mail a copy of the resolution to voting members of this
congregation. This notice shall be
submitted within 10 days after the resolution has been adopted.
c. The bishop of the
synod shall consult with this congregation during a period of at least 90 days.
d. If this congregation,
after consultation, still desires to terminate its relationship, such action
may be taken at a legally called and conducted special meeting by a two-thirds
majority of the voting members present, at which meeting the bishop of the
synod or an authorized representative shall be present. Notice of the meeting
shall be mailed to all voting members at least 10 days in advance of the
meeting.
e. A certified copy of the
resolution to terminate its relationship shall be sent to the synodical bishop,
at which time the relationship between this congregation and Evangelical
Lutheran Church in America shall be terminated.
f. Notice of termination
shall be forwarded by the synodical bishop to the secretary of this church and
published in the periodical of this church.
g. If this congregation
was a member of the Lutheran Church in America, it shall be required, in
addition to the foregoing provisions in C6.05., to
receive synodical approval before terminating its membership in the Evangelical
Lutheran Church in America.
h. If this congregation
was established by the Evangelical Lutheran Church in America, it shall be
required, in addition to the foregoing provisions in C6.05.,
to receive synodical approval before terminating its membership in the
Evangelical Lutheran Church in America.
*C6.06 If this
congregation is considering relocation, it shall confer with the bishop of the
synod in which it is territorially located before any steps are taken leading
to such action. The approval of the
Synod Council shall be received before any such action is effected.
CHAPTER 7
PROPERTY OWNERSHIP
*C7.01If this
congregation ceases to exist, title to undisposed property shall pass to the
Northern Illinois Synod of the Evangelical Lutheran Church in America.
*C7.02If this
congregation is removed from membership in the Evangelical Lutheran Church in
America according to its procedure for discipline, title to property shall
continue to reside in this congregation.
*C7.03If a two-thirds
majority of the voting members of this congregation present at a legally called
and conducted special meeting of this congregation, vote to transfer to another
Lutheran church body, title to property shall continue to reside in this
congregation. Before this congregation
takes action to transfer to another Lutheran church body, it shall consult with
representatives of the Northern Illinois Synod.
*C7.04If a two-thirds
majority of the voting members of this congregation present at a legally called
and conducted special meeting of this congregation, vote to become independent
or relate to a non-Lutheran church body, title to property of this congregation
shall continue to reside in this congregation only with the consent of the
Synod Council. The Synod Council, after
consultation with this congregation by the established synodical process, may
give approval to the request to become independent or to relate to a
non-Lutheran church body, in which case title shall remain with the majority of
this congregation. If the Synod Council fails to give such approval, title
shall remain with those members who desire to continue as a congregation of the
Evangelical Lutheran Church in America.
CHAPTER 8
MEMBERSHIP
*C8.01 Members of this
congregation shall be those baptized persons on the roll of this congregation
at the time that this constitution is adopted and those who are admitted
thereafter and who have declared and maintain their membership in accordance
with the provisions of this constitution and its bylaws.
C8.01.01 A copy of this constitution shall be
made available to all members.
*C8.02 Members shall be
classified as follows:
a. Baptized members are
those persons who have been received by the Sacrament of Holy Baptism in this
congregation, or, having been previously baptized in the name of the Triune
God, have been received by certificate of transfer from other Lutheran
congregations or by affirmation of faith.
b. Confirmed members are
baptized persons who have been confirmed in this congregation, those who have
been received by adult baptism or by transfer as confirmed members from other
Lutheran congregations, or baptized persons received by affirmation of faith.
c. Voting members are
confirmed members. Such confirmed members, during the current or preceding
calendar year, shall have communed in this congregation and shall have made a
contribution of record to this congregation.
d. Associate members are
persons holding membership in other Christian congregations who wish to retain
such membership but desire to participate in the life and mission of this
congregation, or persons who wish to retain a relationship with this
congregation while being members of other congregations. They have all the privileges and duties of
membership except voting rights and eligibility for elected offices or
membership on the Congregation Council of this congregation.
C8.02.01 Admission to
Baptized Membership
1. Children baptized in
other congregations shall be received as baptized members of this congregation
upon admission of one or both parents or guardians to membership, or by consent
of one or both parents or guardians.
2. Un-baptized adults who
have received instruction and have given evidence of having adequate
understanding and acceptance of the teachings of the Word of God as confessed
by the Lutheran Church, shall, upon confession of faith and Christian Baptism
duly recorded as a ministerial act performed under the auspices of this
congregation, be received as baptized members of this congregation.
3. Baptisms shall occur
at a worship service except those approved by the Congregation Council or
pastor.
C8.02.02 Admission to
Confirmed Membership
1. Baptized adults, not
previously members of the congregation, who have received instruction and have
given evidence of having adequate understanding and acceptance of the teachings
of the Word of God as confessed by the Lutheran Church, shall be admitted to
confirmed membership through the rite of confirmation.
2. Children who are
baptized members of the congregation shall be admitted to confirmed membership
through participation in the rite of confirmation.
3. Applicants for
membership presenting Letters of Transfer showing them to be confirmed members
in good standing in other Lutheran congregations shall be admitted to confirmed
membership upon acceptance of their Letters of Transfer by the Congregation
Council.
4. Applicants for
membership who present evidence of confirmation in a Lutheran congregation but
do not have Letters of Transfer shall be admitted to confirmed membership when
the Congregation Council has determined that they meet the standards of
Christian faith and life indicated in the constitution and bylaws and when they
have reaffirmed their faith before the congregation. Exceptions to a personal appearance may be
made by the Congregation Council.
C8.02.03 Admission to
voting Membership
The Congregation Council
shall be responsible for determining the voting membership in accordance with the
qualifications specified in the constitution and bylaws.
*C8.03 All applications
for confirmed membership shall be submitted to and shall require the approval
of the Congregation Council.
*C8.04 It
shall be the privilege and duty of members of this congregation to:
a. make regular use of the
means of grace, both Word and sacraments;
b. live a Christian life
in accordance with the Word of God and the teachings of the Lutheran church;
and
c. support the work of
this congregation, the synod, and the church-wide organization of the
Evangelical Lutheran Church in America through contributions of their time,
abilities, and financial support as biblical stewards.
*C8.05 Membership in this
congregation shall be terminated by any of the following:
a. death;
b. resignation;
c. transfer or release;
d. disciplinary action by the
Congregation Council; or
e. removal from the roll
due to inactivity as defined in the bylaws.
Such persons who have
been removed from the roll of members shall remain persons for whom the church
has a continuing pastoral concern.
C8.05.01 Discontinuance
of Membership
1. Members who move away
shall be encouraged to transfer their membership. A confirmed member in good standing desiring
to change his membership to another Christian congregation shall, upon request,
receive a Letter of Transfer.
2. A
confirmed member shall be presumed to no longer desire membership if, in the
judgement of the Congregation Council, he:
a) shows no interest in
attending church services;
b) has not partaken of
Holy Communion in the current or
proceeding year; and
c) has
not made a contribution of record during the current or proceeding year.
A contribution of record shall be defined as either:
a) a
verifiable financial donation to the congregational treasury; or
b) the
verifiable completion of participation in a church activity requiring of the
person’s time and talents.
Such a person shall be
encouraged by personal call and/or letter as directed by the Congregation
Council to take part in the congregational life or to transfer elsewhere, as
the situation may warrant. Should the
above criteria for showing desire of membership not be met within 90 days, the
person shall lose the right to vote and shall not be counted in the membership
statistics of the congregation. This
person’s name and record shall be kept thereafter in an archive. If the person resumes activity within a one
year period, that person shall be restored to the active membership list. If not, the person shall be dismissed from
the congregation and, if possible, shall be notified of this action.
3. A non-confirmed minor of confirmation age
shall be dropped from the active baptized membership roll if they fail to
participate in the Christian education or worship programs of the
congregation. Such children's names and
records shall be kept thereafter in an archive file.
4. Certain situations will result in termination
of membership in the congregation, surrendering of all membership rights and
removal from the church’s roll. These
include members who:
a) have been dismissed;
b) have resigned;
c) have
transferred to other Christian congregations and do not wish to maintain an
associate membership; or
d) are known to have
become members of other congregations
without transfer.
CHAPTER 9
THE PASTOR
*C9.01 Authority to call
a pastor shall be in this congregation by at least a two-thirds majority ballot
vote of members present and voting at a meeting legally called for that
purpose. Before a call is issued, the
officers, or a committee elected by this congregation to recommend the call,
shall seek the advice and help of the bishop of the synod.
*C9.02 Only a member of the
clergy roster of the Evangelical Lutheran Church in America or a candidate for
the roster of ordained ministers who has been recommended for the congregation
by the synodical bishop may be called as a pastor of this congregation.
*C9.03 Consistent with
the faith and practice of the Evangelical Lutheran Church in America,
a.
Every ordained minister shall:
1) preach the Word;
2) administer the sacraments;
3) conduct public worship;
4) provide pastoral care; and
5) speak publicly to the world
in solidarity with the poor and
oppressed, calling for justice
and proclaiming God's love for the
world.
b. Each ordained minister with a congregational call shall, within the
congregation:
1) offer
instruction, confirm, marry, visit the sick and distressed, and bury the dead;
2) supervise all schools and organizations of this
congregation;
3) install regularly elected
members of the Church Council; and
4) with the council, administer
discipline.
c.
Every pastor shall:
1) strive to extend the Kingdom
of God in the community, in the
nation, and abroad;
2) seek out and encourage
qualified persons to prepare for the
ministry of the Gospel;
3) impart knowledge of this
church and its wider ministry through
distribution of its periodicals
and other publications; and
4) endeavor to increase the
support given by the congregation to
work of the church-wide
organization of the Evangelical Lutheran
Church in America (ELCA) and of the Northern Illinois
Synod of
the ELCA.
C9.03.01 The pastor(s)
shall conduct marriage ceremonies in accordance with the current Wedding Policy
Guidelines as approved by the Congregation Council.
*C9.04 The specific
duties of the pastor, compensation, and other matters pertaining to the service
of the pastor shall
be included in a letter of call, which shall be attested by the bishop of the
synod.
*C9.05
a. The call of a
congregation, when accepted by a pastor, shall constitute a continuing mutual
relationship and commitment, which, except in the case of the death of the
pastor, shall be terminated only following consultation with the synodical
bishop and for the following reasons:
1) mutual
agreement to terminate the call or the completion of a call for a specific
term;
2) resignation
of the pastor, which shall become effective, unless otherwise agreed, 30 days
after the date on which it was submitted;
3) inability to conduct
the pastoral office effectively in the congregation in view of local
conditions, without reflection on the competence or the moral and spiritual
character of the pastor;
4) the physical or mental incapacity
of the pastor;
5) disqualification
of the pastor through discipline on grounds of doctrine, morality, or continued
neglect of duty;
6) the dissolution of the
congregation; or
7) the
suspension of the congregation as a result of discipline proceedings.
b. When allegations of
physical or mental incapacity of the pastor or ineffective conduct of the
pastoral office have come to the attention of the bishop of the synod, the
bishop in his or her sole discretion may, or when such allegations have been
brought to the synod's attention by an official recital of allegations by the
Congregation Council or by a petition signed by at least one-third of the
voting members of the congregation, the bishop shall, investigate such
conditions personally in company with a committee of two ordained ministers and
one layperson.
c. In case of alleged
physical or mental incapacity competent medical testimony shall be
obtained. When such disability is
evident, the bishop of the synod with the advice of the committee shall declare
the pastorate vacant. Upon the
restoration of a disabled pastor to health, the bishop of the synod shall take
steps to enable the pastor to resume the ministry, either in the congregation
last served or in another field of labor.
d. In the case of alleged
local difficulties that imperil the effective functioning of the congregation,
all concerned persons shall be heard, after which the bishop of the synod
together with the committee described in *C9.05.b. shall decide on the course
of action to be recommended to the pastor and the congregation. If they agree to carry out such
recommendations, no further action shall be taken by the synod. If either party fails to assent, the
congregation may dismiss the pastor by a two-thirds majority vote of the voting
members present and voting at a legally called meeting after consultation with
the bishop.
e. If, in the course of
proceedings described in C9.05.d., the committee concludes that there may be
grounds for disciplinary action, the committee shall make recommendations
concerning disciplinary action to the synodical bishop who may bring charges,
in accordance with the provisions of the constitution and bylaws of the
Evangelical Lutheran Church in America and the constitution of this synod.
f. If, following the
appointment of the committee described in C9.05.b. or d., it should become
apparent that the pastoral office cannot be conducted effectively in the
congregation(s) being served by the ordained minister due to local conditions,
the bishop of the synod may temporarily suspend the pastor from service in the
congregation(s) without prejudice and with pay provided through a joint
synodical and church-wide fund and with housing provided by the
congregation(s).
*C9.06 At a time of
pastoral vacancy, an interim pastor shall be appointed by the bishop of the
synod with the consent of this congregation or the Congregation Council.
*C9.07 During the period
of service, an interim pastor shall have the rights and duties in the
congregation of a regularly called pastor and may delegate the same in part to
a supply pastor with the consent of the bishop of the synod and this
congregation or Congregation Council.
The interim pastor and any ordained pastor providing assistance shall
refrain from exerting influence in the selection of a pastor.
*C9.08 This congregation
shall make satisfactory settlement of all financial obligations to a former
pastor before calling a successor. A
pastor shall make satisfactory settlement of all financial obligations to this
congregation.
*C9.09 When a pastor is
called to serve in company with another pastor or pastors, the privileges and
responsibilities of each pastor shall be specified in documents to accompany
the call and to be drafted in consultation involving the pastors, the
Congregation Council, and the bishop of the synod. As occasion requires, the documents may be
revised through a similar consultation.
C9.09.01 Such revisions shall require full and signed approval by all
parties involved.
*C9.11 With the approval
of the bishop of the synod, the congregation may depart from C9.05.a. and call a pastor for a specific term. Details of such calls shall be in writing
setting forth the purpose and conditions involved. Prior to the completion of a term, the bishop
or designated representative of the bishop shall meet with the pastor and
representatives of the congregation for a review of the call. Such a call may also be terminated before its
expiration in accordance with the provisions of C9.05.a.
*C9.12 The pastor of this
congregation:
a. shall keep accurate parochial records of all baptisms, confirmations, marriages, burials,
communicants, members received, members dismissed, or members excluded from the
congregation;
b. shall submit a summary of such
statistics annually to the synod; and
c. shall become a member
of the congregation upon receipt and acceptance of the letter of call. In a parish of multiple congregations, the
pastor shall hold membership in one of the congregations.
C9.12.01 The pastor shall
be responsible for providing a copy of all changes in the above records in the
previous year for inclusion in the congregational report at the annual meeting.
*C9.13 The pastor(s)
shall submit a report of his or her ministry to the bishop of the synod at
least 90 days prior to each regular meeting of the Synod Assembly.
C9.20 Ecumenical pastoral ministry.
C9.21 Under special circumstances, subject to the
approval of the synodical bishop and the concurrence of this congregation, an
ordained minister of a church body with which the Evangelical Lutheran Church
in America officially has established a relationship of full communion may
serve temporarily under contract as pastor of this congregation.
CHAPTER 10
CONGREGATION MEETING
C10.01The annual and
semi-annual meeting of this congregation shall be held at a time specified in
the bylaws.
C10.01.01 The annual
meeting shall be held on a Sunday in January and the semi-annual meeting shall
be held on a Sunday in September each year. The current roster of voting,
confirmed, and baptized members shall be determined prior to the January
meeting.
C10.01.A00 The agenda at the annual meeting shall include:
1. Opening devotion
2. Establish a quorum
3. Election or appointment of nominating committee
4. Approval of the minutes of the previous semi-annual
meeting
5. Approval of the minutes of any special congregational
meetings
6. Reports
of pastor, Congregation Council, treasurer, boards, committees, and others.
7. Approval of the budget
8. Unfinished business
9. New business
10. Closing prayer
C10.01.B00 The agenda for the semi-annual meeting shall include:
1. Opening devotion
2. Establish a quorum
3. Election of council members whose term of office is to
begin January 1st of the following year.
4. Approval of the minutes of the previous meeting
5. Approval of the minutes of any special congregational
meetings
6. Appointment of auditing committee
7. Unfinished business
8. New business
9. Closing prayer
C10.01.C00 All minutes to be approved shall be
distributed prior to the beginning of the meeting.
C10.02 A special
Congregation Meeting may be called by the pastor, the Congregation Council, or
the president of this congregation, and shall be called by the president of the
congregation upon the written request of ten percent (10%) of voting members of
the congregation. The call for each
special meeting shall specify the purpose for which it is to be held and no
other business shall be transacted.
C10.03 Notice of all
meetings of this congregation shall be given at all services of worship on the
preceding two consecutive weekends and by a mailing to all voting members at
least 10 days in advance of the date of the meeting. The posting of such notice in the mail, with
the postage affixed or paid, sent to the last known address of such members
shall be sufficient.
C10.04 Five per cent (5%)
voting members shall constitute a quorum.
C10.05 Voting
by proxy or by absentee ballot shall not be permitted.
C10.06 All
actions by the congregation shall be by majority vote of those present and
voting except as otherwise provided in this constitution.
C10.06.01 In the following cases voting shall be by written ballot.
1. To elect the members of the Congregation Council
2. To
adopt or amend the articles of incorporation, constitution, or bylaws of the
congregation
3. To call a pastor
4. To request a pastor's resignation
5. To remove a member from office in the congregation
6. To sever membership in
the Evangelical Lutheran Church in America
7. To dispose of, encumber, or
purchase real property
8. When requested by ten or more voting members present
9. To elect
members of a Call Committee
C10.06.02 With the
exception of the treasurer, the four candidates for council membership
receiving the highest number of votes shall be declared elected. The candidate receiving the 5th highest
number of votes shall be declared the first alternate and will serve in place
of any council member unable to serve for a full term. The candidate receiving
the 6th highest number of votes shall be declared the second alternate. In the event that there is a tie for the
fourth place the tie shall be broken by a vote between the tying
candidates. Should this vote end in a
tie, the position shall be decided by coin toss.
C10.07 Robert's Rules of
Order, latest edition, shall govern parliamentary procedure of all meetings of
this congregation.
CHAPTER 11
OFFICERS
C11.01 The
officers of this congregation shall be a president, vice- President, secretary and treasurer.
a. Duties of the officers
shall be specified in the continuing resolutions.
b. The officers shall be voting members of the
congregation.
c. Officers of this congregation
shall serve the same offices of the Congregation Council and shall be voting
members of the Congregation Council.
d. A pastor may not serve as an officer of the
congregation.
C11.01.A98 The duties of the president shall include but not be limited to:
1. Chair Congregation
Council meetings and congregational meetings;
2. Establish the agenda
for Congregation Council meetings and congregational meetings, in consultation
with the pastor(s) and the Executive Committee;
3. Show leadership in the
congregation and church at large through participation in activities such as
Synod Assemblies, Conference meetings, and Synod Congregational events;
4. Along with the pastor(s) and the
Executive Committee, plan any Congregation Council leadership retreat;
5. Write a summary of
Congregation Council business for publication in the newsletter,
6. Appoint members
of the Audit Committee; and
7. Serve on the
Call Committee, ex officio.
C11.01.B98 The duties of the vice president shall include but not be limited
to:
1. Chair Congregation
Council meetings and congregational meetings in the absence of the president;
2. Act as a member
of the Executive Committee;
3. Along with
the pastor(s) and the Executive Committee, plan any Congregation Council
leadership retreat; and
4. Oversee the annual review of the membership roster.
5. Chair the Nominating Committee.
6. Organize annual bus trip to Cub’s game.
C11.01.C00 The duties of the secretary shall include but not be limited to:
1. Be responsible
for and keep all minutes of congregational and Congregation Council meetings;
distribute minutes to be approved to the Congregation Council prior to the
beginning of the next meeting; and publish approved minutes to the
congregation;
2. Post minutes in
the absence of the Parish Secretary;
3. Act as a member
of the Executive Committee;
4. Along with
the pastor(s) and the Executive Committee, plan any Congregation Council
leadership retreat;
5. Keep a copy of all
official documents, correspondence, financial reports and work contracts;
6. Monitor attendance of
council members at council meetings and notify those with two consecutive
absences without cause; and
7. Send approved
changes to the constitution to the Synod.
C11.01.D00 The duties of the treasurer shall include but not be limited to:
1. Be custodian of
all funds of the congregation;
2. Disburse all such funds in accordance with
the decisions of the congregation or the Congregation Council;
3. Present an audited report to the annual
congregational meeting and such other reports to the Congregation Council as
may be required;
4. Provide assistance to the treasurers of the approved organizations
within the church; and
5. Oversee the
filing of tax reports and remittances.
C11.02 The
Congregation Council shall elect its president, vice president and secretary
from the elected membership of the council and they shall also be the officers
of the congregation. These officers
shall be elected by written ballot and shall serve for one year or until their
successors assume their duties. The
treasurer shall be elected by the Congregation for a term of three years and is
eligible to serve two
consecutive three-year terms. All officers terms
shall begin as specified by the by-laws.
C11.02.01 Terms of all
officers shall conclude on January 1. The outgoing officers will be responsible
for conducting the annual meeting through the conclusion of unfinished
business.
C11.03 No officer shall
hold more than one office at a time. No
elected officer shall be eligible to serve more than two consecutive terms in
the same office.
CHAPTER 12
CONGREGATION COUNCIL
C12.01 The voting
membership of the Congregation Council shall consist of the pastor(s) and not
more than 13 members of the congregation.
Any voting member of the congregation may be elected, subject only to
the limitation on the length of continuous service permitted in that
office. A member's place on the
Congregation Council shall be declared vacant if the member
a) ceases to be a voting member
of this congregation or
b) is absent from three
(3) successive regular meetings of the Congregation Council without cause. A member shall be notified by the Council
Secretary after two (2) consecutive absences without cause.
C12.02 The
members of the Congregation Council except the pastor(s) shall be elected by
written ballot to serve 3 years or until their successors assume their
duties. Their terms shall begin as
specified in the by-laws.
C12.02.01 Members may not
succeed themselves after two full terms.
New members' terms shall begin January 1 following election at the
previous semi-annual meeting.
C12.03 Should
a member's place on the Congregation Council be declared vacant, the vacancy
shall be filled by the next available alternate elected at the semi-annual
meeting. Any further vacancies will be
filled by majority vote of the Congregation Council.
C12.04 The Congregation
Council shall have general oversight of the life and activities of this
congregation, and in particular its worship life, to the end that everything be
done in accordance with the Word of God and the faith and practice of the
Evangelical Lutheran Church in America.
The duties of the Congregation Council shall include the following:
a. To lead this
congregation in stating its mission, to do long-range planning, to set its
goals and priorities, and to evaluate its activities in light of its mission
and goals.
b. To seek to involve all
members of this congregation in worship, learning, witness, service, and
support.
c. To oversee and provide
for the administration of this congregation to enable it to fulfill its
functions and perform its mission.
d. To maintain supportive
relationships with the pastor(s) and staff and help them annually to evaluate
the fulfillment of their calling, appointment, or employment.
e. To be examples
individually and corporately of the style of life and ministry expected of all
baptized persons.
f. To promote a
congregational climate of peace and goodwill and, as differences and conflicts
arise, to endeavor to foster mutual understanding.
g. To arrange for
pastoral service during the sickness or absence of the pastors.
h. To emphasize
partnership with the synod and church wide units of the Evangelical Lutheran
Church in America as well as cooperation with other congregations, both
Lutheran and non-Lutheran, subject to established policies of the synod and the
Evangelical Lutheran Church in America.
i. To recommend and
encourage the use of program resources produced and approved by the Evangelical
Lutheran Church in America.
j. To seek out and
encourage qualified persons to prepare for the ministry of the Gospel.
C12.05 The Congregation Council shall be responsible for the financial and
property matters of the congregation.
a. The Congregation Council shall be responsible for
maintaining and protecting its property and the management of its business and
fiscal affairs. It shall have the powers
and be subject to the obligations that pertain to such boards under the laws of
the State of Illinois, except as otherwise provided herein.
b. The Congregation
Council shall not have the authority to buy, sell, or encumber real property
unless specifically authorized to do so by a legally called meeting of the
congregation.
c. The Congregation
Council may enter into contracts totaling up to $5,000.00 for items not
included in the annual budget.
d. The Congregation
Council shall prepare an annual budget for adoption by this congregation, shall
supervise the expenditure of funds in accordance therewith following its
adoption, and may incur obligations more than 5% in excess of the anticipated
receipts only after approval by a legally called Congregation Meeting. The budget shall include this congregation's
full indicated share in support of the wider ministry being carried on in
partnership with the synod and church-wide organization.
e. The Congregation
Council shall ascertain that the financial affairs of this congregation are
being conducted efficiently, giving particular attention to the prompt payment
of all obligations and to the regular forwarding of benevolence monies to the
synodical treasurer.
f. The Congregation
Council shall be responsible for this congregation's investments and its total
insurance program.
g. The Congregation
Council may appoint a financial secretary whose term shall last three years
with possible re-appointment for one additional term. Duties of this position may include:
1. posting of all moneys
given to the congregation;
2. issue offering
envelopes;
3. register stewardship
pledges; and
4. prepare
and distribute at years end financial statements for each member indicating
their contributions for that year.
C12.05.01 All undesignated bequests received by Immanuel Lutheran Church
shall be divided with one-half
of the amount to be used for the Lord's
work beyond the congregation and one-half to be used for non-budgeted work
within the congregation. In the case of
an undesignated bequest of $30,000 or under, the Congregation Council shall
assume responsibility for distribution.
In the case of an undesignated bequest of over $30,000, a task force
shall be formed to study and make a recommendation concerning the use of the
money. The size and composition of the
task force shall be determined by the Congregation Council. The recommendation will first go to the
Congregation Council and then to the congregation for a vote.
C12.06 The
Congregation Council shall see that the provisions of this constitution, its
bylaws and the continuing resolutions are carried out.
C12.07 The
Congregation Council shall provide for an annual review of the membership
roster.
C12.08 The
Congregation Council shall be responsible for the employment and supervision of
the salaried lay workers of this congregation.
C12.09 The
Congregation Council shall submit a comprehensive report to this congregation
at the annual meeting.
C12.11 The
Congregation Council shall normally meet once a month. Special meetings may be called by the pastor
or the president, or shall be called by the president at the request of at
least one-half of its members. Notification shall be given to all Congregation
Council members and pastor(s) of the time, place and purpose of each special
meeting.
C12.11.01 Meetings of the
Congregation Council shall be open to all members of the congregation.
C12.11.02 The Congregation Council may call for an executive session
in matters pertaining to:
1. personnel matters;
2. litigation; or
3. salaries.
C12.12 A quorum for the
transaction of business shall consist of a majority of the members of the
Congregation Council, including the pastor or interim pastor, except when the
pastor or the interim pastor requests or consents to be absent and has been
given prior notice of the agenda. Any
new business not on the agenda or notice shall not be voted on in the absence
of the pastor(s).
CHAPTER 13
CONGREGATION COMMITTEES
C13.01 The
officers of this congregation and the pastor(s) shall constitute the Executive
Committee.
C13.01.A98 The Executive Committee shall:
1. propose
agenda for Council and Congregation meetings;
2. plan
any retreat for the Congregation Council; and
3. submit
a list of candidates for consideration for the Mutual Ministry and Personnel
Committee.
C13.01.05 The Executive Committee will also include the immediate past
Council President to serve for a period of six months as a non-voting member.
C13.02 A
Nominating Committee of five voting members of this congregation, two of whom,
if possible, shall be outgoing members of the Congregation Council, shall be
elected at the annual meeting for a term of one year. At least one member of the nominating
committee, but no more than two, may be re-elected for a consecutive term.
C13.02.A98 The Nominating Committee shall provide a sufficient list of
qualified candidates who will serve on the Congregation Council if elected at
the semi-annual meeting.
C13.02.B03 Outgoing
members shall be defined as:
1. members serving on Council the year
in which appointed at the Annual Meeting and whose terms will expire at the end
of the year.
2. members serving on or elected to
Council the year prior to the year in which appointed at the Annual Meeting and
whose terms expired at the end of the year.
C13.03 An
Audit Committee of three voting members shall be appointed by the Congregation
President. Audit Committee members shall not be members of the Congregation
Council. Term of office will be three
years with one member appointed each year.
Members shall be eligible to be re-appointed.
C13.03.A99 A partial professional audit will be performed every third year
and as directed by the Congregation Council.
C13.04 The Mutual
Ministry Committee shall act to affirm, review and strengthen the approved
mission, aims and goals of the congregation and how the ministry staff, both
rostered and non-rostered, is attaining these goals and provide recommendations
to the Congregation Council. To
accomplish this committee shall at least annually review the job descriptions
of the staff for appropriateness to the goals and provide recommendations for
the continuing education of the pastor(s).
In a confidential manner the committee shall at least annually provide
an individual evaluation of the staff's performance and if necessary meet to
resolve any disputes or misunderstandings of the staff. The committee may use the appropriate
portions of the ELCA Mutual Ministry Committee handbook for suggested
guidelines on its function and appropriate action.
The committee shall
consist of six members from the congregation, the pastor(s) in ex officio and a
Congregation Council liaison. The six
members not on the Congregation Council shall be appointed by the Congregation
Council from a list provided by the Executive Committee and the pastor(s). The term of office shall be two years with
three members being appointed each successive year.
C13.05 When a pastoral
vacancy occurs, a Call Committee shall be created consisting of the
Congregation Council President and six voting members elected by this
congregation. Term of office will terminate upon installation of the newly called
pastor.
C13.05.A98 If there is a change of Council Presidents during the call
process, the outgoing Council President shall continue his/her position on the
Call Committee through the current round of candidates being interviewed. The newly-elected Council President shall be
an ex officio member without a vote until the conclusion of that round of
interviews. Should the round in process
not fill the pastoral vacancy, the outgoing Council President shall be replaced
by the newly-elected Council President.
C13.06 The
Congregation Council shall establish such standing committees as are necessary
to perform the work of the congregation.
The Congregation Council shall delegate such authority to those
committees as is necessary for them to perform their work within the
constraints of their defined areas of responsibility, their budgets and this
Constitution. These committees shall be
responsible to the Congregation Council.
C13.06.A00 The Finance Committee shall monitor the financial condition
of the congregation and make appropriate recommendations regarding financial
matters. It shall maintain appropriate
insurance coverage, which shall include the bonding of all persons handling
money.
C13.06.B00 The Adult Ministries
Committee (deleted)
C13.06.B05 The Parish Education Committee shall provide for the Christian
education of children and youth, and for adults.
C13.06.C00 The Confirmation
Committee (deleted)
C13.06.D00 The Fellowship
Ministries Committee (deleted)
C13.06.E00 The Health, Wellness
and Social Ministry Committee (deleted)
C13.06.E06 The Outreach Committee shall be involved in activities that
promote our church within our congregation and community. Activities may include, all types of
visitations, pictorial directory, maintaining the church web-page, promoting
physical, mental and spiritual health within the congregation and promote
activities for the community that help physical and spiritual needs.
C13.06.F00 The Personnel Committee shall deal with
employment issues including but not limited to job descriptions, performance
evaluations, safety and workplace details, and shall make recommendations to
the Congregation Council concerning hiring, compensation, and termination.
C13.06.G00 The Property
Committee shall provide for the ongoing maintenance and appearance of the
Church buildings, furnishings and grounds.
They shall make recommendations to the Congregation Council for needed
improvements and shall provide cost estimates and bids when requested.
C13.06.H00 The Stewardship
Committee shall promote financial support and encourage financial
responsibility within the congregation.
Their responsibilities include but are not limited to gathering current
“Time, Talent and Abilities” data and the annual stewardship drive.
C13.06.I00 The Sunday School
Committee (deleted)
C13.06.J00 The Worship and Music
Committee shall be responsible for planning all worship services in
consultation with the pastor(s).
Responsibilities shall include but are not limited to music selection,
choirs, usher, greeter, and acolyte scheduling, and all worship related
activities.
C13.06.K00 The Youth Ministries
Committee shall provide for Christian educational, fellowship, and service
opportunities for our 5th grade through high-school age youth.
C13.07 The
Congregation Council shall provide a means to adequately monitor the activities
and effectiveness of the standing committees.
C13.07.A00 One Congregation Council member shall serve as
liaison to each of the standing committees and be an information channel
between that committee and Council. A
liaison shall be a working committee member and shall bring committee business
before Council. The vice-president shall
serve as liaison-at-large.
C13.08 A task force may
be organized by the Congregation Council or a committee and shall be
responsible to the group calling them.
C13.09 All committees and
organizations handling funds within the congregation shall submit accounts to
the church office at least ten days prior to the annual meeting and the
auditing committee shall include such accounts in their report to the meeting.
CHAPTER 14
ORGANIZATIONS WITHIN THE
CONGREGATION
C14.01 All
organizations within this congregation shall exist to aid it in ministering to
the members of this congregation and to all persons who can be reached with the
Gospel of Christ. As outgrowths and
expressions of this congregation's life, the organizations are subject to its
oversight and direction. This congregation
at its meeting shall determine their policies, guide their activities, and
receive reports concerning their membership, work, and finances.
C14.02 Special interest
groups, other than those of the official organizations of the Evangelical
Lutheran Church in America, may be organized only after approval has been given
by the Congregation Council and specified in a continuing resolution.
CHAPTER 15
DISCIPLINE OF MEMBERS AND
ADJUDICATION
*C15.01 Denial of the
Christian faith as described in this constitution, conduct grossly unbecoming a
member of the Church of Christ, or persistent trouble-making in this
congregation are sufficient cause for discipline of a member. Prior to disciplinary action, reconciliation
will be attempted following Matthew 18:15-17, proceeding through these successive
steps:
a) private admonition by the
pastor;
b) admonition
by the pastor in the presence of two or three witnesses, and
c) citation to appear before the
Congregation Council.
If for any reason, the
pastor is unable to administer the admonitions required by a. and b. hereof,
the president (if not the pastor) or vice president shall administer such
admonitions.
*C15.02 The process for
discipline of a member of the congregation shall be governed as prescribed by
the chapter on discipline in the Constitution, Bylaws, and Continuing
Resolutions of the Evangelical Lutheran Church in America. A member charged
with the offense shall appear before the Congregation Council having received a
written notice, at least 10 days prior to the meeting, specifying the exact
charges that have been made against the member. If the member charged with the
offense fails to appear at the scheduled hearing, the Congregation Council may
proceed with the hearing and may pass judgment in the member’s absence.
*C15.03 Members of the
Congregation Council who participate in the preparation of the written charges
or who present evidence or testimony in the hearing before the Congregation
Council are disqualified from voting upon the question of the guilt of the
accused member. Should the allegations be sustained by a two-thirds majority
vote of the members of the Congregation Council, who are not disqualified but
who are present and voting, and renewed admonition prove ineffectual, the
council shall impose one of the following disciplinary actions:
a.
censure before the council or congregation;
b.
suspension from membership for a definite period of time; or
c.
exclusion from membership in this congregation.
Disciplinary actions b.
and c. shall be delivered to the member in writing.
*C15.04 The member against whom disciplinary action has been taken
by the Congregation Council shall have the right to appeal the
decision to the Synod Council. Such right may not be abridged and the
decision of the Synod Council shall be
final.
*C15.05 Disciplinary
actions may be reconsidered and revoked by the Congregation Council upon
receipt of
a) evidence that injustice has been
done or
b) evidence of repentance and
amendment.
*C15.06 For disciplinary
actions in this congregation, ”due process” shall be observed
as specified in 20.41.03 in The constitution, Bylaws, and Continuing Resolutions of the Evangelical
Lutheran Church in America.
*C15.07 No member of a
congregation shall be subject to discipline for offenses that the Congregation Council has previously heard and decided, unless so ordered by the Synod
Council after an appeal.
*C15.10 Adjudication
*C15.11 When there is
disagreement among factions within this congregation on a substantive issue
that cannot be resolved by the parties, members of this congregation shall have
access to the synodical bishop for consultation after informing the President
of the Congregation Council of their intent. If the consultation fails to
resolve the issue(s), the Consultation Committee of the synod shall consider
the matter. If the Consultation Committee of the synod shall fail to resolve
the issue(s), the matter shall be referred to the Synod Council, whose decision
shall be final.
CHAPTER 16
BYLAWS
*C16.01 This congregation
may adopt bylaws. No bylaw may conflict
with this
constitution.
*C16.02 Bylaws may be
adopted or amended at any legally called meeting of this congregation with a quorum present by a majority vote of
those voting members present and
voting.
*C16.03 Changes to the
bylaws may be proposed by any voting member provided,
however, that such
additions or amendments be submitted in writing to the Congregation Council at
least 60 days before a regular or special Congregation Meeting called for that
purpose and that the Congregation Council notify the members of the proposal
with its recommendations at least 30 days in advance of the Congregation
Meeting.
*C16.04 Approved changes
to the bylaws shall be sent by the secretary of this
congregation to the synod.
C16.04.01 Approved bylaws
shall be made part of any constitution copy being handed out to members or
otherwise circulated.
CHAPTER 17
AMENDMENTS
*C17.01 Amendments to
this constitution may be proposed by at least 5% of voting members or by the
Congregation Council. Proposals must be
filed in writing with the Congregation Council 60 days before formal
consideration by this congregation at its regular or special meeting called for
that purpose. The Congregation Council
shall notify the members of the proposal with their recommendations at least 30
days in advance of the meeting.
*C17.02 A proposed amendment to this constitution shall:
a. be approved at a legally called meeting according to this
constitution by a majority vote of those present and voting.
b. be ratified without change at the next annual meeting by a
two-thirds majority vote of those present and voting; and
c. have the effective date included in the resolution and noted in the
constitution.
*C17.03 Any amendments to this constitution shall be sent by the
secretary of this congregation to the synod.
The amendment shall become effective within 120 days from the date of
the receipt of the notice by the synod unless the synod informs this
congregation that the amendment is in conflict with the constitution and bylaws
of the Evangelical Lutheran Church in America, or the constitution of the
Northern Illinois Synod of the ELCA.
C17.03.01 Approved
amendments shall be made a part of any constitution copy being handed out to
members or otherwise circulated.
*C17.04 Whenever the
Model Constitution for Congregations is amended by the
Church-wide Assembly,
this constitution may be amended to reflect any such amendment by a simple
majority vote at any subsequent meeting of the congregation without
presentation at a prior meeting of the congregation, provided that the
Congregation Council has submitted by mail, notice to the congregation of such
an amendment or amendments at least 30 days prior to the meeting. Following the adoption of an amendment, the
secretary of the congregation shall submit a copy thereof to the synod,
consistent with C17.03.
CHAPTER 18
CONTINUING
RESOLUTIONS
*C18.01 The Congregation Council may enact continuing resolutions. Such continuing resolutions may not conflict
with the constitution or bylaws of this congregation.
*C18.02 Continuing resolutions shall be enacted or amended by a
two-thirds vote of all voting members of the Congregation Council.
C18.02.01 Approved
continuing resolutions shall be made public through church
publications and made a part of any
constitution copy being handed out to members or otherwise circulated.
CHAPTER 19
INDEMNIFICATION
*C19.01 Consistent with
the provisions of the laws under which this congregation is incorporated, this
congregation may adopt provisions providing indemnification for each person
who, by reason of the fact that such person is or was a Congregation Council
member, officer, employee, agent, or other member of any committee of this
congregation, was or is threatened to be made a party to any threatened,
pending or completed civil, criminal, administrative, arbitration, or
investigative proceeding.
CHAPTER 20
PARISH AUTHORIZATION
*C20.01 This congregation
may unite in partnership with one or more other
congregations recognized by the synod
named in C6.01. to form a parish. Except as provided in
C20.02. and C20.03., a written agreement,
developed in consultation with the synod and approved by the voting members of
each congregation participating in the parish, shall specify the powers and
responsibilities that have been delegated to a Parish Council.
*C20.02 Whenever a letter
of call is being recommended for extension to an ordained minister the
Evangelical Lutheran Church in America or a candidate for the roster of
ordained ministers who has been recommended to the congregation by the
synodical bishop to serve the congregations of a parish, such letter of call
shall be first approved by a two-thirds vote at congregational meetings of each
of the congregations forming the parish.
If any congregation of the parish should fail to approve extending this
call, the other congregation(s) in the same parish shall have the right to
terminate the parish arrangement.
*C20.03 Any one of the congregations of a parish may terminate the
call of a pastor as provided in S14.13.d. of the synodical constitution of the
synod named in C6.01. In such case, the
other congregation(s) in the same parish shall have the right to terminate the
parish arrangement.