*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 Calvary Lutheran Church.
C1.02.
For the purpose of this constitution and the
accompanying by-laws, the congregation of Calvary is hereinafter designated as
"this congregation."
C1.03.
This congregation shall be incorporated under the laws of the State of
California.
Chapter 2.
CONFESSION OF FAITH
C2.01.*C2.01. This congregation confesses
the Triune God, Father, Son, and Holy Spirit.
C2.02.*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.*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.*C2.04. This congregation accepts
the Apostles', Nicene, and Athanasian Creeds as true declarations of the faith
of this congregation.
C2.05.*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.*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.*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.*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.*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.*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.*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.*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 churchwide organization of the Evangelical Lutheran church in
America.
i. Foster
and participate in ecumenical relationships consistent with churchwide policy.
C4.04.*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.*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.*C5.01. The powers of this
congregation are those necessary to fulfill its purpose.
C5.02.*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.*C5.03. Only such authority as is
delegated to the Congregation Council or other organization 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. Adopt
amendments to the constitution, as provided in Chapter 17, and amendments to
the bylaws, as specified in Chapter 16;
e. Approve
the annual budget;
f. Acquire
real and personal property by gift, devise, purchase, or other lawful means;
g. Hold
title to and use its property for any and all activities consistent with its
purpose;
h. Sell,
mortgage, lease, transfer, or otherwise dispose of its property by any lawful
means;
i. Elect its Congregation Council, boards, and
committees, and require them to carry out their duties in accordance with the
constitution, bylaws, continuing resolutions; and
j. 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 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 Sierra Pacific Synod of the Evangelical Lutheran
Church in America.
Chapter 6
CHURCH AFFILIATION
C6.01.*C6.01.
This congregation shall be an interdependent
part of the Evangelical Lutheran Church in America or its successor, and of the
Sierra Pacific Synod of the Evangelical Lutheran Church in America. This
congregation is subject to the discipline of the Evangelical Lutheran Church in
America.
C6.02.*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.*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.*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.*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
the 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.
g. Since
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.
C6.06.*C6.06. f this congregation is
considering relocationIf
this congregation considers relocation, it shall confer with the bishop
of the synod in
which it is territorially located and
the appropriate program unit of the churchwide organization before any steps are
taken leading to such action. The approval of the Synod Council shall be
received before any such action is effected.
*C6.07. If this congregation considers developing an additional site to be used
regularly for worship, it shall confer with the bishop of the synod in which it
is territorially located and the appropriate program unit of
the churchwide organization before any steps are taken leading to such
action.
Chapter 7.
PROPERTY OWNERSHIP
C7.01.*C7.01. If this congregation ceases
to exist, title to undisposed property shall pass to the Sierra Pacific Synod
of the Evangelical Lutheran Church in America.
C7.02.*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.*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 Sierra
Pacific 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.
*C7.05. Notwithstanding the provisions of *C7.02. and
*C.7.03. above, where this congregation has received property from the synod
pursuant to a deed or other instrument containing restrictions under provision
9.71.a. of the Constitution, Bylaws, and
Continuing Resolutions of the Evangelical Lutheran Church in America, this
congregation accepts such restrictions and:
a.
Shall not transfer,
encumber, mortgage, or in any way burden or impair any right, title, or
interest in the property without prior approval of the synod Council.
b.
Shall – upon written demand by
the Synod Council, pursuant to †S13.23. of the constitution of the Sierra
Pacific Synod – reconvey and transfer all right, title, and interest in the
property to the synod.
Chapter 8.
MEMBERSHIP
C8.01.*C8.01.
Members of this congregation shall be those
baptized persons on the roll of the 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.*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. Members of this congregation who
have satisfied these basic standards shall have the privilege of voice and vote
at every regular and special meeting of the 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.
C8.03.*C8.03.
All applications for confirmed membership shall
be submitted to and shall require the approval of the Congregation Council.
C8.04.*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 churchwide organization of
the Evangelical Lutheran Church in America through contributions of their time,
abilities, and financial support as biblical stewards.
C8.05.*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.
Chapter 9.
THE PASTOR
C9.01.*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.*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.*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 the
congregation;
3)
Install regularly elected members of the Congregation
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 the work
of the church wide organization of the Evangelical Lutheran Church in America
(ELCA) and of the Sierra Pacific Synod of the ELCA.
C9.04.*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.*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 the termination of a parish arrangement; or
7)
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 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).
C9.06.*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 before beginning service in
a call to another congregation or employment in another ministry setting
related to the Evangelical Lutheran Church in America.
*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.
C9.10.*C9.10. 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.
C9.11.*C9.11. 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 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.
C9.12.*C9.12. 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.
C9.13.*C9.13. The parochial records of
this congregation shall be maintained by the pastor and shall remain the
property of the congregation. The secretary of this congregation shall attest
in writing to the bishop of this synod that such records have been placed in
his or her hands in good order by a departing pastor before the installation of
that pastor in another field of labor or the granting by the synod of retired
status to the pastor.
*C9.14. Ecumenical pastoral ministry
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 as
pastor of this congregation under a contract between the congregation and the
ordained minister in a form proposed by the synodical bishop and approved by
the congregation.
Chapter 10.
CONGREGATION MEETING
C10.01.
The annual meeting of this congregation shall be
held at a time specified in the bylaws.
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% [ten
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.
10% 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 approved by the congregation shall be by majority vote of
those voting members present and voting, except as otherwise provided in this
constitution or by state law.
C10.07.
Robert's Rules of Order, latest edition, shall govern parliamentary
procedure of all meetings of this congregation.
C10.08.
The pastor shall be invited to attend each regular Congregation Meeting
and each Special Congregation Meeting.
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 bylaws.
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, except for the
Treasurer who may or may not be an elected member of the Council. However, the
Treasurer will be an officer of the corporation and a member of the executive
committee. When the Treasurer is not an elected Council Member, the position of
Financial Officer will be created to represent the treasurer and provide
financial status to the Council and will serve as a Trustee.
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. If the treasurer is not selected from the elected
membership of the Congregation Council, the treasurer shall have voice but not
vote at the meetings of the Congregation Council.
C11.02.
The Congregation Council shall elect its officers from its own
membership 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. The treasurer elected by the council need
not be a member of the 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.
Chapter 12.
CONGREGATION COUNCIL
C12.01.
The voting membership of the Congregation Council shall consist of the
pastor, the officers of the congregation, and not more than 12 members nor fewer
than 5 members of the congregation, at least one of whom shall be a youth and at least one of whom shall be
a young adult. 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 shall
be elected by written
ballot to serve for two years, or until their successors are elected. Such
members shall be eligible to serve no more than two full terms consecutively.
Their terms shall begin at the close of the annual meeting at which they are
elected.
C12.03.
Should a member's place on the Congregation Council be declared vacant,
the Congregation Council may elect, by majority vote, a successor until the
next annual meeting.
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.
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 pastor.
h. To
emphasize partnership with the synod and churchwide organizations 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.
C12.05.
The Congregation Council shall be responsible for the financial and
property matters of this congregation.
a.
The Congregation Council shall be the board of directors 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 California, 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 meeting of
the congregation.
c.
The Congregation Council may enter into contracts of up to $1000.00 for
items not included in the budget or unlimited amounts to replace items stolen,
damaged or non-functional.
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 $5000.00
in excess of the anticipated receipts only after approval by a 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 churchwide 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.
C12.06.
The Congregation Council shall see that the provisions of this
constitution [and] and its bylaws [and the continuing
resolutions]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 appointment 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.
C12.10.
The Congregation Council shall normally meet once a month. Special
meetings may be called by the pastor or the president, and shall be called 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.
C12.11.
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 interim pastor requests or consents to be absent and has given prior
approval to the agenda for a particular regular or special meeting, which shall
be the only business considered at that meeting. Chronic or repeated absence of
the pastor or interim pastor who has refused approval of the agenda or a
subsequent regular or special meeting shall not preclude action by the
Congregation Council, following consultation with the synodical bishop.
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, 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. 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 jointly by
the president and the pastor. Term of office shall be two years, with three
members to be appointed each successive year.
C13.05.
When a pastoral vacancy occurs, a Call Committee of six voting members shall
be elected by the
Congregation Council. Term of office will terminate upon installation of the newly-called newly called pastor. See
Section IV of the By-Laws for procedures.
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
bylaws (continuing resolutions).
C13.08. The pastor of this congregation shall be ex-officio a member of all committees and boards of the
congregation, except the Nominating Committee.
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
troublemaking 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. If discipline against a
member proceeds beyond counseling and admonition by the pastor, charges against
the accused member(s) that are specific and in writing shall be prepared by
member(s) of the congregation who shall sign the charges as the
accuser(s). The written charges shall be
filed with the pastor, who shall advise the Congregation Council of the need to
issue a written citation to the accused and the accusers that specifies the
time and place of the hearing before the Congregation Council. The written charges shall accompany the
written citation to the accused. The
written citation that specifies the time and place of the hearing before the
Congregation Council and requests the presence of a member charged with the
offense shall be sent at least ten days prior to the meeting. 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 20.41.04. 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.
*C15.08.
Adjudication
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 congregation’s members by
mail of the proposal with the council’s 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
C16.02.*C17.01. Unless provision *C17.04. is
applicable, those sections of this constitution that are not required, in
accord with the Model Constitution for Congregations of the Evangelical
Lutheran Church in America, may be amended in the following manner. Amendments may be proposed
by at least two-thirds 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 a regular or special Congregation Meeting
called for that purpose. The Congregation Council shall notify the members by
mail of the proposal together with the council’s recommendations at least 30
days in advance of the meeting.
*C17.02.
An amendment to this constitution, proposed under *C17.01. shall:
a.
Be approved at a legally called Congregation 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 that result from the processes
provided in *C17.01. and *C17.02. 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 Sierra Pacific Synod of the ELCA.
*C17.04.
This constitution may be amended to bring any section into conformity
with a section or sections, either required or not required, of the Model
Constitution for Congregations of the Evangelical Lutheran Church in America – as
most recently amended by the Churchwide Assembly – by simple majority vote of
those voting members present and voting at any legally called 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, together with the council’s
recommendations, at least 30 days prior to the meeting. Upon the request of two thirds voting members of
the congregation, the Congregation Council shall submit such notice. Following
the adoption of an amendment, the secretary of the congregation shall submit a
copy thereof to the synod. Such
provisions shall become effective immediately following a vote of approval.
Chapter 18.
CONTINUING RESOLUTIONS
*C18.01.The Congregation
in a legally called meeting or 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 majority
vote of a meeting of the congregation or a two-thirds vote of all voting
members of the Congregation Council.
.
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.
