Constitution of St. Paul Lutheran Church
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*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 St. Paul Evangelical Lutheran Church..
C1.02. For the purpose of this constitution and the accompanying bylaws, the congregation of St. Paul Evangelical Lutheran Church is hereinafter designated as "this congregation."
C1.11. This congregation shall be incorporated under the laws of the State of Iowa.
Chapter 2.
CONFESSION OF FAITH
*C2.01. This congregation confesses the Triune God, Father, Son, and 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.*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.
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.
*C2.04. 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, 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.*C4.03. To fulfill these purposes, this congregation shall:
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.
a. Provide services of worship at which the Word of God is preached and the sacraments are administered.*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 group and shall review their actions. [Such descriptions shall be contained in continuing resolutions in the section on the Congregation Council.]
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 churchwide organization of the Evangelical Lutheran Church in America.
i. Foster and participate in ecumenical relationships consistent with churchwide policy.
*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
*C5.01. 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;*C5.04. This congregation shall choose from among its voting members 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 the Northeastern Iowa Synod of the Evangelical Lutheran Church in America.
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 [officers][,] [and] Congregation Council, [boards, and committees,] and require [them] [the members of the council] to carry out their duties in accordance with the constitution[,] [and] bylaws[,] [and continuing resolutions]; and
i. terminate its relationship with the Evangelical Lutheran Church in America as provided in Chapter 6.
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 Northeastern Iowa 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.*C6.04. Affiliation with the Evangelical Lutheran Church in America may be terminated as follows:
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.
a. This congregation takes action to dissolve.*C6.05. This congregation may terminate its relationship with the Evangelical Lutheran Church in America by the following procedure:
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.
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.*C6.06. If this congregation considers 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.
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 the 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.
Chapter 7.
PROPERTY OWNERSHIP
*C7.01. If this congregation ceases to exist, title to undisposed property shall pass to the Northeastern Iowa Synod of the Evangelical Lutheran Church in America.
*C7.02. If 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.
*C7.03. If 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 Northeastern Iowa Synod.
*C7.04. If 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.
*C8.02. 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.*C8.03. All applications for confirmed membership shall be submitted to and shall require the approval of the Congregation Council.
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.
*C8.04. 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;*C8.05. Membership in this congregation shall be terminated by any of the following:
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 churchwide organization of the Evangelical Lutheran Church in America through contributions of their time, abilities, and financial support as biblical stewards.
a. death;Such persons who have been removed from the roll of members shall remain persons for whom the Church has a continuing pastoral concern.
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.
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:*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.
1) preach the Word;b. Each ordained minister with a congregational call shall, within the congregation:
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.
1) offer instruction, confirm, marry, visit the sick and distressed, and bury the dead;c. Every pastor shall:
2) supervise all schools and organizations of this congregation;
3) install regularly elected members of the Congregation Council; and
4) with the council, administer discipline.
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 the work of the churchwide organization of the Evangelical Lutheran Church in America (ELCA) and of the Northeastern Synod of the ELCA.
*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:*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.
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.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) suspension of the congregation as a result of discipline proceedings.
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 at a legally called meeting after consultation with the bishop, either (a) by a two-thirds majority vote of the voting members present and voting where the bishop and the committee did not recommend termination of the call, or (b) by a simple majority vote of the voting members present and voting where the bishop and the committee recommended termination of the call.
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 churchwide fund and with housing provided by the congregation(s).
*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.
*C9.11. 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 a 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;*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.
b. shall submit a summary of such statistics annually to the synod; and
c. shall become a member of this 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.
C9.20. 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
C10.01. The annual meeting of this congregation shall be held at a time specified in the
continuing resolutions..
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 10 percent of the voting members. 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 the services of worship on the preceding two consecutive Sundays and by mail to all voting members at least 10 days in advance of the date of the meeting. The posting of such notice in the regular mail, with the regular postage affixed or paid, sent to the last known address of such members shall be sufficient.
C10.04. Five percent of the 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 except as otherwise provided in this constitution.
C10.07. Robert's Rules of Order, latest available 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 and secretary.
a. Duties of the officers shall be specified in the continuing resolutions.C11.02. The Congregation Council shall elect its officers and they shall be the officers of the congregation. The officers shall be elected by written ballot and shall serve for one year or until their successors are elected. Their terms shall begin at the close of the annual meeting at which they are elected.
b. The officers shall be voting members of the congregation.
c. Officers of this congregation shall serve similar offices of the Congregation Council and shall be voting members of the Congregation Council.
d. If the Congregation Council elects its officers, the president, vice president, and secretary shall be selected from the elected membership of the Congregation Council.
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.
C11.04 The treasurer shall be appointed by the Congregation Council as a salaried non-voting member of the Congregation Council and shall attend all council and congregational meetings.
Chapter 12.
CONGREGATION COUNCIL
C12.01. The voting membership of the Congregation Council shall consist of the the officers of the congregation, and nine 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 four successive regular meetings of the Congregation Council without cause. Consistent with the laws of the state in which this congregation is incorporated, the congregation may adopt procedures for the removal of a member of the Congregation Council in other circumstances.
C12.02. The members of the Congregation Council except the pastor(s) shall be elected by written ballot to serve for three years or until their successors are elected. Such members shall be eligible to serve no more than one full term. Their terms shall begin at the close of the annual meeting at which they are elected. Newly elected Congregation Council members shall be installed at worship the Sunday following the date they assume office.
C12.03. Should a member’s place on the Congregation Council be declared vacant, the Congregation Council shall elect, by majority vote, a successor to fill the unexpired term. Should the unexpired term be one year or less, it shall not be considered in determining eligibility for succession.
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 goals and priorities, and to evaluate its activities in light of its mission and goals.C12.05. The Congregation Council shall be responsible for the financial and property matters of this congregation.
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 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 pastor.
h. To emphasize partnership with the synod and churchwide organization 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 or approved by the Evangelical Lutheran Church in America.
j. To seek out and encourage qualified persons to prepare for the ministry of the Gospel.
a. The Congregation Council shall be the board of trustees of this congregation, and as such 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 Iowa , except as otherwise provided herein.C12.06. The Congregation Council shall see that the provisions of this constitution, its bylaws and continuing resolutions are carried out.
b. The Congregation Council shall not have the authority to buy, sell, or encumber real property unless specifically authorized to do so by a meeting of the congregation.
c. 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. 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 churchwide organization.
d. 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.
e. The Congregation Council shall be responsible for this congregation's investments and its total insurance program.
f. The Congregation Council shall adequately bond the treasurer and others who have access to the funds of the Congregation.
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, and shall be called by the president at the request of at least one-half of its members. Notice of each special meeting shall be given to all who are entitled to be present.
C12.12. A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council.
Chapter 13.
CONGREGATION COMMITTEES
C13.01. The officers of this congregation and the pastor shall constitute the Executive Committee.
C13.02. A Nominating Committee of six voting members of this congregation, four of whom, if possible, shall be outgoing members of the Congregation Council, and two members shall be elected at the annual meeting for a term of one year. Members of the Nominating Committee are not eligible for consecutive reelection.
C13.03. An Audit Committee of three voting members shall be elected by the Congregation Council. Audit Committee members shall not be members of the Congregation Council. Term of office shall be three years, with one member elected each year. Members shall be eligible for reelection.
C13.04. A Mutual Ministry Committee (in the absence of a mutual ministry committee, the duties shall be fulfilled by the executive committee) shall be appointed yearly by the Congregation Council and the pastor. Term of office shall be three years, with two members to be appointed each successive year.
C13.05. When a pastoral vacancy occurs, a Call Committee of six voting members shall be appointed by the Congregation Council. Term of office will terminate upon installation of the newly called pastor.
C13.06. Other committees of this congregation may be formed, as the need arises, by decision of the Congregation Council.
C13.07. Duties of committees of this congregation shall be specified in the continuing resolutions.
C13.08. All committees are directly responsible to the Congregation Council.
C13.09. Duties of congregation committees shall be specified in the continuing resolutions.
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 authorization 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 after having received a written notice, at least ten 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 members 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;*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.
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.
*C15.05. 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 chair 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.
Chapter 17.
AMENDMENTS
*C17.01. Amendments to this constitution may be proposed by at least 10% of the 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 the council's 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;*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 Northeastern Iowa Synod of the ELCA.
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 resolution4 and noted in the constitution.
*C17.04. Whenever the Model Constitution for Congregations is amended by the Churchwide 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.
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
[* Required provisions when congregation is part of a parish]
*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 of 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.
BY-LAWS
August, 2002
PART 1 - COMMUNION PARTICIPATION
(Cf. Chapter 2 of Constitution)
C8.04.01 This congregation invites all who have been prepared to receive the sacrament, to participate regularly in Holy Communion.PART 2 - CONFLICTING LOYALTIES
.02 Preparation for Holy Communion will normally be provided for persons as young as second grade.
.03 Worthy participation requires sincere repentance, faith in Jesus Christ as Savior, and an earnest desire to amend one’s sinful life as well as acceptance of the scriptural teaching regarding the Real Presence of Christ with His Body and Blood in the Sacrament.
.04 Record of participation of Holy Communion shall be entered upon the books of the congregation. If a member of another congregation communes, notice shall be sent to their congregation.
(Cf. Chapter 2 and 4 of Constitution and Article 5 of the Minneapolis Theses as quoted in the United testimony on Faith and Life)
C14.02.01 This congregation rejects all fellowship with organizations, secret or open, which are avowedly religious or which practice forms of religion without confession of faith in the Triune God and Jesus Christ as the eternal Son of God incarnate to be our only Savior from sin, and thus teach salvation by works.PART 3 - MEMBERSHIP
.02 Ceremonies of lodges or other such organizations shall not be permitted in the church or on the church premises of this congregation.
.03 The pastor of this congregation shall take no part in any such ceremonies even if they are conducted outside of the church premises.
(Cf. Chapter 8 of Constitution)
A. Admission to Baptized Membership
C8.02.A.01 Children, one or both of whose parents or guardians are members of this congregation, shall, upon receiving Christian Baptism, be received as baptized members of this congregation.
.02 Children, neither of whose parents or guardians are members of this congregation shall, upon Christian Baptism duly recorded as a ministerial act performed under the auspices of this congregation, be received as baptized members of this congregation. If there is an understanding that, for good reason, they will be enrolled as baptized members of another congregation, notice of the baptism shall be sent to the congregation in which the children are to be enrolled.
.03 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, or by action of the Congregation Council.
.04 Unbaptized adults who have received instruction and have given evidence of having an 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 the congregation, be received as baptized members of this congregation.
B. Admission to Confirmed Membership
C8.02.B.01 Adults received as baptized members (according to the provisions of Chapter 3 of the bylaws) shall be recognized as confirmed members, whether or not, at the discretion of the pastor, they have participated in the rite of confirmation.
.02 Children who are baptized members of the congregation shall be admitted to confirmed membership through participation in the rite of confirmation.
.03 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 and the report of their names to the congregation.
.04 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.
C. Admission to Voting Membership
C8.02.C.01 The Congregation Council shall be responsible for determining the voting membership in accordance with the qualifications specified in the constitution and bylaws.
D. Discontinuance of Membership
C8.05.C.01 Members who move away shall be encouraged to transfer their membership. A confirmed member in good standing desiring to change their membership to another Lutheran congregation shall, upon request, receive a letter of Transfer.
C08.05.E.01 A confirmed member who in the judgement of the Congregation Council shows no interest in attending church services and does not partake of Holy Communion, and who does not contribute to the congregational treasury according to the congregational records for a period of two years,shall be presumed to no longer desire membership, shall lose the right to vote, and shall not be counted in the membership statistics of the congregation. However, their name and record shall be kept in the files for a period of five years thereafter. Such a person shall be encouraged to takepart in the congregational life, or to transfer elsewhere, as the situation may indicate to be advisable. If they resume activity within the five year period they shall be restored to the active membership list; if not, they shall be dismissed from the congregation and, if possible, shall be notified of this action.
C08.05.E.02 Children, neither of whose parents or guardians are active members of the congregation, shall be dropped from the baptized membership roll if they fail to participate in the Christian education program of the congregation.
C08.05.E.03 Members who have been excommunicated or dismissed, or who have resigned, and members who have transferred to other Lutheran congregations, or who are definitely known to have become members of other congregations without transfer, have thereby terminated their membership in the congregation and have surrendered all membership rights.
PART 4 - THE PASTORAL CALL
(Cf. Chapter 9 of Constitution)
C9.01.01 When the congregation has voted to call a pastor, it shall issue a Letter of Call to the pastor-elect, in a form approved by the Evangelical Lutheran Church in America. It shall be signed by the chairperson and the secretary of the meeting at which the call was voted, and shall be attested by the signature of the Bishop of the Synod. Calls to clergypersons to positions of assistance to the pastor shall be issued in consultation with the pastor and in accordance with the provisions of this paragraph.
C9.05.01 The call shall normally be for an indefinite time.
PART 5 - THE ANNUAL MEETING.02 If the pastor receives a call to another congregation he/she shall consult with their present congregation, or at least with the Congregation Council, before coming to a decision. He/she should attempt to reach a decision as quickly as possible, normally within three weeks. He/she shall thereupon notify their present congregation and the Synodical Bishop. When a release has been granted and the call accepted, the pastor shall terminate his/her ministry and transfer to his/her new field of service as quickly as feasible, normally within one month.
.03 A desire for a change in pastorate by either congregation or pastor shall be brought to the attention of the Bishop of the Synod, who shall advise in the matter in accordance with this constitution (Chapter 9) and with the established procedures of the Evangelical Lutheran Church in America.
.04 The congregation requires that its pastor shall be loyal to the faith and purpose of the congregation, as stated in Chapter 2 of this constitution.
(Cf. Chapter 10 of Constitution)
C10.03.01 All items to be placed on the agenda are to be approved by the Church Council prior to the beginning of the Congregational meeting. Any items not previously approved may be added to the agenda as the agenda is reviewed by those in attendance. New items will require a 2/3 vote in order to be placed on the agenda for that meeting.
.02 The current roster of voting, confirmed, and baptized members shall be
determined prior to each January meeting. (See C8.02)
.03 The order of business at the Annual Meeting of the Congregation shall be:
a. opening devotion.04 In the following cases, voting shall be by written ballot;
b. approval of the minutes of the previous meeting
c. reports of pastor, Congregation Council, treasurer, committees, and others
d. elections
e. unfinished business
f. new business
g. approval of budget
h. closing prayer
a. to elect the members of the Congregation Council.05 No one shall be declared elected unless he has received a majority (50% + 1) of the votes cast.
b. to adopt or amend the articles in incorporation, constitution, or bylaws of the congregation
c. to call a pastor or to request his/her resignation
d. to excommunicate a member from the congregation or to remove a member from office in the congregation
e. to sever membership in the Evangelical Lutheran Church in America
f. to dispose of, encumber, or purchase real property
g. when requested by ten or more voting members
.06 If more than one ballot is required in an election, a motion shall be in order to limit the balloting after the first ballot to the three candidates receiving the highest number of votes on the first ballot; and after the second ballot to limit the balloting to the two candidates receiving the highest number of votes.
PART 6 - THE CONGREGATION COUNCIL
(Cf. Chapter 12 of Constitution)
A. Duties and Responsibilities of Officers
C11.01.01 The president of the Congregation Council shall:
a. be selected from those Council members who have served at least one year of their three year term of service.02 The vice-president of the Congregation Council shall:
b. preside at meetings of the Congregation Council and of the congregatio
c. Together with the secretary, sign official documents and contracts that have been negotiated and approved by the congregation
d. set the agenda for each Council meeting in consultation with the pastor
a. preside at meetings of the Congregation Council and of the congregation in the absence of the president.03 The secretary of the Congregation Council shall:
b. perform such other duties as the president may request
a. keep the minutes of the Congregation Council and of the congregtion.04 The treasurer shall:
b. together with the president, sign official documents and contracts that have been negotiated and approved by the congregation
a. have custody of all funds of the congregation
b. receive and dispurse such funds in accordance with the decisions of the congregation or the Congregation Council
c. make timely reports to the congregation and the Congregation Council
d. communicate with the president of the Congregation Council for monthly reports
B. Membership and Meetings of the Congregation Council
C12.01.01 The pastor shall be an ex officio member of the Congregation Council.
Duties and Responsibilities of the Congregation Council
C12.08.01 Adjustments in the salary of the pastor shall be the responsibility of the Congregation Council, subject to congregational approval of the budget.
D. Use of Property
C12.05.01 The property of the congregation shall be for the use of the congregation in its normal functions as a Lutheran Church and shall not be used in any way not in harmony with the purpose of the congregation.
.02 Buildings which are the property of the congregation shall not be lent or rented to any group or individual not affiliated with the congregation or with the Evangelical Lutheran Church in America unless application for such use has been approved by the Council by a two-thirds majority in the case of a request for occasional use, or by a two-thirds vote of the congregation in the case of a request for regular use.
.03 Use of the fellowship hall, kitchen facilities, classrooms, and church owned equipment for activities other than those directly sponsored by the congregation or auxiliaries shall first be approved by the Congregation Council.
1) Non-members who request the use of the church for a wedding reception, funeral, or any social gathering shall normally be asked to pay a fee established by the Congregation Council for such use of the facilities.
E. The committees, members, and objectives are:
C13.03.01 The auditing committee shall audit all financial records of the congregation proper and shall present in writing a report to the congregation at the Annual Meeting.
C13.08.01 The Pastor(s) shall be ex officio member(s) of all congregational committees.
C13.08.02 The objectives of the respective committees, under the direction of the Congregation Council, shall be as outlined below. Each committee shall elect from its own membership a president and recording secretary and shall conduct regular meetings at such time and place as agreed upon by its members and shall make regular reports to the Congregation Council. Each committee shall prepare plans and goals involving the congregation toward which that board will work.
The committees, members, and objectives are:
a. The Education Committee shall consist of at least 6 members, including two elected Council people, 3 at-large members elected by the congregation, the Sunday School Superintendent and Confirmation Instructor. The at-large members shall not be eligible for consecutive term re-election. The basic objectives of the Education Committee are to plan and administrate the total educational program of the congregation, to determine policies, to select personnel, to provide necessary means and facilities, and to direct and supervise the entire educational program of the congregation. In these areas the Education Committee shall make recommendations to the Council and the congregation.
b. The Fellowship and Mission Committee shall consist of at least 5 members, including 2 elected Council people plus 3 at-large members elected by the congregation, and if possible, 1 congregational representative of the Interchurch Council. The at-large members shall not be eligible for consecutive term re-election. The basic objectives of this Committee are the strengthening of the fellowship between congregation members - spiritually and socially; the integration of new members into the life of the congregation; the general up-building of mutual cooperation, trust and enjoyment among the members of the congregation; bringing the Gospel to the unchurched, the enlistment of all of God’s people in the work of spreading the Gospel, the deepening of faith and activity of the members of this congregation and the proper soul-accounting at all times. This Committee is to uphold and advocate the overall mission work of the ELCA to members of the congregation concerning mission work at the local level, and educate the members of the congregation in issues related to peace and justice in light of the Gospel of Jesus Christ. In these areas, the Fellowship and Mission Committee shall make recommendations to the Council and congregation.
c. The Property and Grounds Committee shall consist of at least 7 members including 2 elected Council plus 3 at-large members elected by the congregation, the church custodian, and a representative appointed annually by the WELCA. The at-large members shall not be eligible for consecutive term re-election. The Property and Grounds Committee is responsible for the proper care of the congregation’s physical property, both real and personal, insurance policies, and securing such help as needed for custodian, lawn care, and snow removal. In these areas the Property and Grounds Committee is to make recommendations to the council and congregation.
d. The Stewardship and Finance Committee shall consist of at least 6 members including 2 elected Council people plus 3 at-large members elected by the congregation, and the Parish Administrator. The at-large members shall not be eligible for consecutive term re-election. The basic objectives of this Committee are to initiate programs for the development of good stewardship in the members of the congregation in regard to time, talents, and treasure; to provide for training and utilization of members of the congregation for the work of Christ’s kingdom; to ensure the financial stability of the congregation and its work through the developed program of dedicated, proportionate, first fruits giving; and to assist the Parish Administrator with her duties. In these areas the Stewardship and Finance Committee is to make recommendations to the cocuncil and congregation.
e. The Youth, Family and Older Adults Ministry Committee shall consist of at least 5 members, including 2 elected Council people plus 3 at-large members elected by the congregation. The at-large members shall not be eligible for consecutive term re-election. The basic objectives of this committee are to involve the young people of the congregation in the work of Christ, to provide for their spiritual growth and nurture; to promote genuine Christian fellowship for the young people and families of the congregation and to promote genuine Christian fellowship among the older adults of the congregation. In these areas the Youth, Family and Older Adults Ministry Committee shall make recommendations to the Council and congregation.
f. The Worship Committee shall consist of at least 5 members, including the 2 elected Council people plus 3 at-large members elected by the congregation, and if possible, a representative from one of the organizations for which the Worship Committee has responsibility. The at-large members shall not be eligible for consecutive term re-election.
F. THE FINANCIAL SECRETARY
C12.08.02 The financial secretary and tellers shall be responsible for the accurate counting, recording, and depositing of all receipts of the congregation, issue offering statements to members, furnish the treasurer with duplicate deposit slips for all deposits; and be responsible for requisitioning and distribution of offering envelopes.
G. THE NOMINATING COMMITTEE
C13.02.01 Offices for which candidates need be sought by the nominating committee on an annual basis include:
a. Council (4)C13.02.02 The candidates of the nominating committe shall be made known to the congregation prior to the annual meeting at which the election is to take place.
b. Education Committee (1)
c. Fellowship and Mission Committee (1)
d. Property & Grounds Committee (1)
e. Stewardship & Finance Committee (1)
f. Youth/Family & Older Adults Committee (1)
g. Worship Committee (1)
h. Nominating Committee (two)
C13.04.01 In addition to the candidates submitted by the nominating committee, additional nominations may be made from the floor.
.02 A vacancy in the congregational elected membership of the nominating committee shall be filled by an appointment of the Congregation Council.
H. CONTINUING RESOLUTIONS
Resolution #1 ANNUAL MEETING
The annual meeting shall be held on the third Sunday in January at 1:30 p.m. (See Chapter 10.01)
Resolution #2 CONGREGATIONAL COMMITTEES
All committees and organizations handling funds within the congregation shall submit accounts to the treasurer or the church office within the first seven days of January each year and the treasurer shall include such accounts in the congregation annual report.