CONSTITUTION OF
ST. ANDREW LUTHERAN CHURCH,
*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. ANDREW LUTHERAN CHURCH,
C1.02. For the purpose of this constitution and
the accompanying bylaws, the congregation of St. Andrew Lutheran Church,
C1.03. This congregation shall be incorporated
under the laws of the State of
C1.04. The seal of this congregation is the word “seal” circled by the name of the congregation. The pastor will be the custodian of the seal.
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.
b. The proclamation of God’s message to us as both Law and Gospel is the Word of God, revealing judgment and mercy through word and deed, beginning with the Word in creation, continuing in the history of Israel, and centering in all its fullness in the person and work of Jesus Christ.
c. The canonical Scriptures of the Old and New Testaments are the written Word of God. Inspired by God’s Spirit speaking through their authors, they record and announce God’s revelation centering in Jesus Christ. Through them God’s Spirit speaks to us to create and sustain Christian faith and fellowship for service in the world.
*C2.03. This congregation accepts the canonical Scriptures of the Old and New Testaments as the inspired Word of God and the authoritative source and norm of its proclamation, faith, and life.
*C2.04. This congregation accepts the Apostles’, Nicene, and Athanasian Creeds as true declarations of the faith of this congregation.
*C2.05. This congregation accepts the Unaltered Augsburg Confession as a true witness to the Gospel, acknowledging as one with it in faith and doctrine all churches that likewise accept the teachings of the Unaltered Augsburg Confession.
*C2.06. This congregation accepts the other confessional writings in the Book of Concord, namely, the Apology of the Augsburg Confession, the Smalcald Articles and the Treatise, the Small Catechism, the Large Catechism, and the Formula of Concord, as further valid interpretations of the faith of the Church.
*C2.07. This congregation confesses the Gospel, recorded in the Holy Scripture 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
Chapter 4
~ STATEMENT OF PURPOSE
*C4.01. The Church is a people created by God in Christ, empowered by the Holy Spirit, called and sent to bear witness to God’s creative, redeeming, and sanctifying activity in the world.
*C4.02. To participate in God’s mission, this congregation as a part of the Church shall:
a. Worship God in proclamation of the Word and administration of the sacraments and through lives of prayer, praise, thanksgiving, witness, and service.
b. Proclaim God’s saving Gospel of justification by grace for Christ’s sake through faith alone, according to the apostolic witness in the Holy Scripture, preserving and transmitting the Gospel faithfully to future generations.
c. Carry out Christ’s Great Commission by reaching out to all people to bring them to faith in Christ and by doing all ministry with a global awareness consistent with the understanding of God as Creator, Redeemer, and Sanctifier of all.
d. Serve in response to God’s love to meet human needs, caring for the sick and the aged, advocating dignity and justice for all people, working for peace and reconciliation among the nations, and standing with the poor and powerless, and committing itself to their needs.
e. Nurture its members in the Word of God so as to grow in faith and hope and love, to see daily life as the primary setting for the exercise of their Christian calling, and to use the gifts of the Spirit for their life together and for their calling in the world.
f. Manifest the unity given to the people of God by living together in the love of Christ and by joining with other Christians in prayer and action to express and preserve the unity which the Spirit gives.
*C4.03. To fulfill these purposes, this congregation shall:
a. Provide services of worship at which the Word of God is preached and the sacraments are administered.
b. Provide pastoral care and assist all members to participate in this ministry.
c. Challenge, equip, and support all members in carrying out their calling in their daily lives and in their congregation.
d. Teach the Word of God.
e. Witness to the reconciling Word of God in Christ, reaching out to all people.
f. Respond to human need, work for justice and peace, care for the sick and the suffering, and participate responsibly in society.
g. Motivate its members to provide financial support for the congregation’s
ministry and the ministry of other parts of the
h. Foster and participate in interdependent relationships with other
congregations, the synod, and the churchwide organization of the
i. Foster and participate in ecumenical relationships consistent with churchwide policy.
*C4.04. This congregation shall develop an organizational structure to be described in the bylaws. The Congregation Council shall prepare descriptions of the responsibilities of each committee, task force, or other organizational group and shall review their actions. [Such descriptions shall be contained in continuing resolutions in the section on the Congregation Council.]
*C4.05. This congregation shall, from time to time, adopt a mission statement which will provide specific direction for its programs.
C4.05.A92 Continuing Resolution – Mission Statement
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;
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
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 officers, Congregation Council, and committees, and require them to carry out their duties in accordance with the constitution and bylaws, and continuing resolutions; and
j. terminate its relationship with the
*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 North Carolina Synod of the
C5.05. This congregation may have a mission endowment fund that will operate as specified in this congregation’s continuing resolutions. The purpose of the mission endowment fund is to provide for mission work beyond the operational budget of this congregation.
Chapter 6
~ CHURCH AFFILIATION
*C6.01. This congregation shall be an interdependent
part of the
*C6.02. This congregation accepts the Confession of
Faith and agrees to the Purposes of the
*C6.03. This congregation acknowledges its
relationship with the
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
c. This congregation agrees to call pastoral leadership from the
clergy roster of the
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
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
*C6.04. Affiliation with the
a. This congregation takes action to dissolve.
b. This congregation ceases to exist.
c. This congregation is removed from membership in the
d. This congregation follows the procedures outlined in *C6.05.
*C6.05. This congregation may terminate its relationship
with the
a. A resolution indicating the desire of this congregation to terminate its relationship must be adopted at a legally called and conducted special meeting of this congregation by a two-thirds majority of the voting members present.
b. The secretary of this congregation
shall submit a copy of the resolution to the synodical bishop and shall mail a
copy of the resolution to voting members of this congregation. This notice
shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult with this congregation during a period of at least 90 days.
d. If this congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the synod or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
e. A certified copy of the resolution to terminate its relationship
shall be sent to the synodical bishop, at which time the relationship between
this congregation and the
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.[1] Since this congregation was a member of the
*C6.06. If 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. If this congregation ceases to exist, title
to undisposed property shall pass to the North
Carolina Synod of the
*C7.02. If this congregation is removed from
membership in the
*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 North Carolina 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
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 North Carolina Synod — reconvey and transfer all right, title, and interest in the property to the synod.
*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.
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. All applications for confirmed membership shall be submitted to and shall require the approval of the Congregation Council.
*C8.04. It shall be the privilege and duty of members of this congregation to:
a. make regular use of the means of grace, both Word and sacraments;
b. live a Christian life in accordance with the Word of God and the teachings of the Lutheran church; and
c. support the work of this congregation, the synod, and the
churchwide organization of the
*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.
*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
*C9.03. Consistent with the faith and practice of the
a. Every ordained minister shall:
1) preach the Word;
2) administer the sacraments;
3) conduct public worship;
4) provide pastoral care; and
5) speak publicly to the world in solidarity with the poor and oppressed, calling for justice and proclaiming God’s love for the world.
b. Each ordained minister with a congregational call shall, within the congregation:
1) offer instruction, confirm, marry, visit the sick and distressed, and bury the dead;
2) supervise all schools and organizations of this congregation;
3) install regularly elected members of the Congregation Council; and
4) with the council, administer discipline.
c. Every pastor shall:
1) strive to extend the
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
*C9.04. The specific duties of the pastor, compensation, and other matters pertaining to the service of the pastor shall be included in a letter of call, which shall be attested by the bishop of the synod.
*C9.05. a. The call of a congregation, when accepted by a pastor, shall constitute a continuing mutual relationship and commitment, which, except in the case of the death of the pastor, shall be terminated only following consultation with the synodical bishop and for the following reasons:
1) mutual agreement to terminate the call or the completion of a call for a specific term;
2) resignation of the pastor, which shall become effective, unless otherwise agreed, 30 days after the date on which it was submitted;
3) inability to conduct the pastoral office effectively in the congregation in view of local conditions, without reflection on the competence or the moral and spiritual character of the pastor;
4) the physical or mental incapacity of the pastor;
5) disqualification of the pastor through discipline on grounds of doctrine, morality, or continued neglect of duty;
6) the dissolution of the congregation or 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. 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
*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;
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.
*C9.13. The pastor(s) shall submit a report of his or her ministry to the bishop of the synod at least 90 days prior to each regular meeting of the Synod Assembly.
*C9.14. 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.
C9.20. 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 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.
C10.01.01. Bylaw – Congregational Meetings
C10.01.02. Bylaw – Congregational Year
C10.02. A special Congregation Meeting may be called by the pastor, the Congregation Council, or the president of this congregation, and shall be called by the president of the congregation upon the written request of ten percent (10%) of 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 via bulk mail or 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. Twenty-five percent (25%) 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.
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.
C 11.01.01. Bylaw – Duties of the President
C11.01.02. Bylaw – Duties of the Vice President
C11.01.03. Bylaw – Duties of the Secretary
C11.01.04. Bylaw – Duties of the Treasurer
C11.02. The Congregation Council shall elect its officers, except the Treasurer (Appointed), and the officers should be elected by written ballot and shall serve for one year or until their successor(s) are elected. Their terms shall begin at the next regular December Congregation Council meeting.
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
pastor, the president, the vice-president, secretary, and treasurer shall be
the trustees of the congregation and shall hold the property of the
congregation, both real and personal, in trust for the congregation in
accordance with the laws of the State of
Chapter 12 ~ CONGREGATION COUNCIL
C12.01. The voting membership of the Congregation Council shall consist of the pastor(s) and not more than 12 elected members of the congregation. The Treasurer of the council shall be accorded the privilege of voice without vote in its meeting. Any voting member, except paid lay workers, of the congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office. The president’s vote shall only be used as a tiebreaker. A member’s place on the Congregation Council shall be declared vacant by the Council if the member:
a. ceases to be a voting member of the congregation in accordance with section C8.05.
b. is absent from four regularly scheduled meetings of the Congregation Council per
calendar year without approved excuse.
c. resigns Congregation Council position.
C12.02. The members of the Congregation Council, except the Pastor(s) shall be elected by Congregation written ballot to serve for 3 years or until their successors are elected. Such members shall be eligible to serve no more than 2 full consecutive terms. The Treasurer shall be appointed by congregational council to serve for 1 year or until the successor is appointed. There is no consecutive term limit for the Treasurer. Serving an unexpired term does not preclude an elected member or officer (except Treasurer) from serving two full consecutive terms. Their terms shall begin at the next regular (December) Congregational Council Meeting.
C12.02.01. Bylaw – Installation of Congregation Council Members.
C12.03. Should a council member or officer’s place on the Congregation Council be declared vacant, except for the office of the President, the congregation Council may elect, by majority vote, a replacement until the successor elected by the congregation at the next scheduled election takes office. The council has the prerogative, by majority vote, to replace an officer with a council member and then by majority vote replace the council member until the successor elected by the congregation at the next scheduled election takes office. Should the office of the President be declared vacant, the Vice President will complete the unexpired term as President.
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 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
i. To recommend and encourage the use of program resources produced
or approved by the
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
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, and may incur obligations of more than five percent (5%) in exec of the annual budget for budgeted or non-budgeted items, only after approval by a Congregation Meeting.
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.
C12.06. The Congregation Council shall see that the provisions of this constitution, its bylaws and the continuing resolutions are carried out.
C12.07. The Congregation Council shall provide for an annual review of the membership roster.
C12.07.01. Bylaw – Maintaining Membership Roll
C12.08. The Congregation Council shall be responsible for the employment and supervision of the salaried lay workers of this congregation. No member of the council, Personnel Committee or search committee, can be a candidate for any paid lay worker position.
C12.09. The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting held in January in accordance with Bylaw C10.01.01.
C 12.10 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.
C 12.10.01. Bylaw – Council Regular Meeting Agenda
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, and no business can be conducted without a quorum.
Chapter 13 ~ CONGREGATION COMMITTEES
C13.01. The officers of this congregation and the pastor shall constitute the Executive Committee.
C13.01.01. Bylaw – Responsibilities of the Executive Committee.
C13.02. A Nominating Committee to recommend candidates for election to Congregation Council shall consist of four members of this congregation, one of whom shall be an outgoing or past member of the Congregation Council and the others, non-council members. Members of this Committee, to serve for a term of one year, shall be elected by the Congregation Council. Members of the Nominating Committee shall not serve in consecutive years.
C13.02.01. Bylaw – Responsibilities of the Nominating Committee.
C13.03. An Audit Committee of three voting members shall be selected by the Congregation Council. Audit Committee members shall not be members of the Congregation Council. Terms of office shall be three years with one member elected each year. Members shall be eligible for re-election.
C13.03.01. Bylaw – Responsibilities of the Audit Committee
C13.03.02 Bylaw – Fiscal Year
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.
C13.04.01. Bylaw – Responsibilities of the Mutual Ministry Committee.
C13.05. A Personnel Committee may be appointed by the Congregation Council.
C13.05.01. Bylaw – Responsibilities of the Personnel Committee.
C13.06. When a pastoral vacancy occurs, a Call Committee of six voting members shall be
nominated by the Congregation Council and approved at a congregation meeting.
Term of office will terminate at installation of the newly-called pastor.
C13.06.01. Bylaw – Responsibilities of the Call Committee.
C13.07. The Standing Committees are as follows:
Christian Education (C13.07.03)
Church Property (C13.07.04)
Evangelism (C13.07.05)
Finance (C13.07.06)
Social Ministry (C13.07.07)
Stewardship (C13.07.08)
Worship & Music (C13.07.09)
Fellowship (C13.07.10)
Youth (C13.07.11)
Memorial /Thanksgiving Gift Committee (C13.07.12)
C13.07.01. Bylaw – Make-up of Standing Committees.
C13.07.02. Bylaw – Duties of Standing Committees – General.
C13.07.03 through C 13.07.11. Bylaws - Responsibilities of Standing Committees.
C13.08. Other committees may be formed as the need arises, by decision of the Congregation Council.
C13.09. Duties shall be specified in the Bylaws and Continuing Resolutions.
C13.10. A Financial Secretary shall be appointed by the Congregation Council for a term mutually agreed upon by both parties, and shall be a member of the Stewardship and Finance Committee.
C13.10.01. Bylaw – Duties of Financial Secretary.
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
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
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 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
*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
*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 congregation’s members by mail of the proposal with the council’s recommendations at least 30 days in advance of the Congregation Meeting.
C16.03.01. Bylaw – Amendment procedures.
*C16.04. Approved changes to the bylaws shall be sent by the secretary of this congregation to the synod.
Chapter 17 ~ AMENDMENTS
*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 12 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 congregation’s 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[2] 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
*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 a 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 25% 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.
*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 ~
*C20.04 Whenever a parish arrangement is terminated, the call of any rostered person serving that parish is terminated. Should any congregation that formerly was part of the parish arrangement desire to issue a new call to that rostered person, it may do so in accordance with the call process of this church.
BYLAWS
C8.05.01. Membership Removal from Roll
e. The Office Staff and Financial Secretary shall compile a list of members who have not communed and/or have not made a contribution of record in any way for one (1) or more consecutive years. The Congregation Council Executive Committee shall review and approve the list. The Office Staff shall then begin the process of sending out the Executive Committee approved letter to advise members of their status prior to removal from the active rolls.
C10.01.01. Congregational Meetings
1. Annual meetings of the congregation shall be held on the fourth Sunday in January and the first Sunday in December.
2. At the December annual meeting there shall be an election of Council members, adoption of an annual budget, and approval of the Audit Committee members.
3. At the January annual meeting, as part of the comprehensive report of the Congregation Council, the pastor, the treasurer or treasurers of the congregation, the officers of the various organizations, and the chairpersons of the standing committees shall submit reports in writing. The congregation shall approve a male and a female lay member of the congregation to represent St. Andrew at the annual Synod Assembly.
C10.01.02. The “Congregational Year” shall correspond to the calendar year.
C11.01.01. The president of the congregation shall work with the pastor to
maintain harmony and the unity of the congregation. The president shall chair
all congregational council meetings and see that an agenda is provided. He/she
shall also chair all congregational meetings and see to it that they are
conducted in accordance with Robert’s Rules of Order Revised Edition. He/she
shall also work with the pastor to assure that the practices of the church are
in accordance with the constitution and the doctrines and confessions of the
C11.01.02. The vice president of the congregation shall assume all of the powers and responsibilities of the president in his/her absence. The vice president shall also support the pastor and president in their efforts to maintain harmony and unity within the church.
C11.01.03. The secretary of the congregations shall record minutes, per Robert’s Rules of Order, of Congregation Council meetings and congregational meetings and shall place a copy each month in the permanent record of the congregation, distribute copies of same to each council member and place on display a copy for congregational perusal. A recording device may be utilized by the secretary to assist in transcribing the minutes. In addition, the secretary shall attend to all Council correspondence.
C11.01.04. The
treasurer of the congregation shall maintain an accurate set of books on behalf
of the congregation, and see to it that all funds of the congregation are
diligently cared for and all money accounted for. He/she shall see to it that all bills owed by
the congregation are paid in a timely manner and where there is a shortage,
seek the counsel of the Congregational Council for direction in prioritizing
payments. He/she shall submit his/her
books to an annual audit as required by the guidelines of the North Carolina
Synod of the
C12.02.01. The installation of Congregational Council officers and members will occur at the regular December council meeting as the last “New Business” agenda item. The outgoing council members and officers of the congregation council shall relinquish authority to the incoming members and officers at that time and the new council will adjourn the meeting.
C12.07.01. The Office Staff and
C12.10.01. The following shall constitute the order of business for the Congregational Council:
1. Prayer
2. Devotions
3. Roll call, action on excuses for absence, and minutes
4. Report of the Pastor
5. Report of the Treasurer(s)
6. Report of Standing Committees
7. Report of Special Committees
8. Other Reports and communications
9. Unfinished business
10. New Business
11. Adjournment with prayer
C13.01.01. The Executive Committee shall have authority to act in behalf of the Congregation Council and the Congregation in emergency situations (subject to subsequent ratification of such actions by the Congregation Council/congregation as deemed appropriate). It should also generate high-level plans and objectives for promoting the mission of the congregation and maintaining its well-being. All members of the Executive Committee shall have a vote during their sessions even if they normally do not have a vote on the Congregation Council. It shall provide the agenda for Congregation Council meetings, perform an annual review of the Pastor and the Administrative Assistant, and support the Personnel Committee. The pastor or president may call an executive Session without any outside attendance, except for appropriate Council Members, for personnel matters.
C13.02.01. Nominations for the Congregational Council membership and for any unexpired terms that may occur shall be made by the nomination committee. Additional nominations may be made from the floor. All nominations should be made for a specific vacancy and Standing Committees. Council members need not be chairpersons for their committees, but be the liaison for the council. Prior to the Nominating Committee seeking volunteers for various Standing Committee vacancies, the council, at its discretion, may allow present council members to switch to an upcoming vacancy if they so desire.
C13.02.02. The Nominating Committee
shall seek to find candidates who have demonstrated a potential for effective
service as Council members and to be leaders of Standing Committees. The outgoing Council members may provide to
the nominating committee the names of two candidates for their vacated
position. An attempt shall be made to
maintain representation on the Council from all segments of the congregation,
male and female, young and old, etc.
During its deliberations, the committee shall seek advice and counsel
from the pastor(s) and shall advise the Council of their recommendations prior
to the congregation meeting at which elections are held. Once elected, the new
candidates selected shall be given a copy of the Constitution and Bylaws, as
well as, a copy of the upcoming year’s Budget of St. Andrew Lutheran Church,
C13.03.01. The Audit Committee shall review the financial accounts of all organizations in the congregation that maintain financial records and report the results of the past fiscal year audit no later than the end of the first quarter to the Council and the Congregation.
C13.03.02. The Fiscal Year shall correspond to the calendar year.
C13.04.01. The Mutual Ministry
Committee’s purpose is affirming and strengthening the mission of the
congregation and the ministry of the staff is the primary purpose of the Mutual
Ministry Committee. This is done not
through programs but through: Listening
and clarifying; Sharing and communicating; and reviewing and reviewing and
reflecting. The committee shall consist
of the Pastor and the Congregation Council President each of whom will pick
three members of the congregation, with at least two of the three picked none
council members. They will meet
quarterly or as required and, with staggered terms, no one shall serve more
than three years.
C13.05.01. The Personnel Committee shall work with the Congregation Council and make recommendations to the Council to establish a pay and benefit policy and guidelines, assist appropriate standing committees to ensure that all personnel actions are completed in a timely manner, and verify employment records and performance evaluations are performed and maintained in a secured place. The Congregation Council may appoint a member of the Executive Committee to be the liaison.
C13.06.01. The Call Committee, as stated in C13.06. shall seek the advice and help of the bishop of the synod in pursuing candidates for a call. When a suitable candidate is identified, the committee shall review their decision with the Congregation Council which will be responsible for determining potential terms of a call before negotiations with the candidate proceed and/or a congregation meeting is called.
C13.07.01. At its first meeting as the incoming council, in the December meeting, the Congregation Council shall appoint council liaisons and chairpersons of as many standing committees as the local and wider concerns of the congregations shall require. Each committee shall include at least one member of the Congregation Council to act as liaison for the committee, and, in addition, those voting members of the congregation appointed by the committee chairperson. A Congregation Council member may be a committee chairperson. Although responsible to the Congregation Council, these committees shall be recognized as representative of, and performing essential services for, the congregation as a whole. The pastor shall have voice and vote in all committees.
C13.07.02. Except as stipulated in the following paragraphs, the duties of all committees shall be assigned by the Congregation Council along with such instructions as in its judgment are in the best interest of the congregation. All actions of committees shall be subject to review by the Congregation Council. Reports of committees shall be submitted at Council meetings by the Council representatives of each committee and in the annual report to the congregation.
C13.07.03. The Christian Education
Committee, in association with the pastor, shall oversee the conduct and
promotion of the schools and all educational activities within the congregation. It shall encourage the use of teaching and
worship materials published or approved by the
C13.07.04. The Church Property Committee shall oversee the proper repair and maintenance of the buildings, land, utilities and basic furniture belonging to the congregation. Other congregational equipment will be the responsibility of the other communities as appropriate, or the Congregation Council as a whole.
C13.07.05. The Evangelism Committee shall stimulate and lead all members of the Congregation in continuous and from time to time, concerted endeavors to reawaken the spiritually indifferent and to reach others, who are as yet unwon, with the Gospel and attach them to Christ’s Church. To this end, the committee shall devote itself to deepening spiritual life and shall periodically study the congregation in the context of its surrounding community.
C13.07.06. The Finance Committee, of which the Treasurer and Financial Secretary shall be members, shall receive congregational offering for deposit, shall prepare a draft budget for the succeeding year, including this congregation’s full indicated share in support of the wider ministry being carried on in its behalf by the Evangelical Lutheran Church in America and the synod, and shall submit such draft budget to the Congregation Council for its action and later presentation to a congregational meeting. The committee shall exercise oversight of all financial affairs of the congregation to make sure that they 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. It shall, subject to the approval of the Congregation Council, be responsible for the congregation’s investments and its total insurance program, the latter in consultation with the property committee. It shall also provide for annual audits of the accounts of the treasurer.
C13.07.07. The Committee on Social Ministry shall extend Christian compassion and helpfulness to the ill, the aged, the youth, the underprivileged, the imprisoned and, in general, to persons of all ages in need of aid in body or soul. It shall strive to enlist in these efforts as many as possible of the individual members and organizations of the congregation. This committee shall further have the duty to study social conditions, primarily in the local community, in order to bring the cleansing and healing light of Christian truth to bear upon critical problems through thoughtful Christian discussion of facts and issues.
C13.07.08. The Committee on Stewardship, of which the Financial Secretary shall be a member shall evoke and promote the expression of Christian faith in daily living; to teach the Christian use of money; to diffuse knowledge of the congregation’s local, national and worldwide ministries; and to lead all its members to higher levels of proportionate giving for the Lord’s work. This committee shall also be responsible for the Every Member Response and other congregational efforts which lead to informed and grateful living.
C13.07.09. The Committee on Worship
and Music shall assist the Congregational Council in seeing that the
services of God’s House are conducted regularly and in accordance with the
liturgy of the
C13.07.10. The Fellowship Committee shall endeavor to provide opportunities for the congregation to experience fellowship together. To achieve this goal it shall seek to provide a balance of programs aimed at whole families in some functions and just adults in others. It shall seek to include singles and new members especially in all fellowship events. The intent of this committee is to provide a relaxed atmosphere in which members may grow to know each other better through recreational, entertainment, and sharing oriented programs.
C13:07.11. The Youth Committee shall endeavor to integrate the youth of the congregation into the active life of the church. It shall further provide through various programs opportunities for youth to take part in worship, service, fellowship activities and study to the end that they may grow in their spiritual and emotional development in the way of Christ. It shall strive to promote commitment not only to the congregation but to involve them in the work of the larger Church. It shall see to it that youth membership is maintained in Lutheran Youth in North Carolina (LYNC) which is the synodical expression of the youth organization. Finally, it shall seek to encourage our youth to attend the events of the larger Church as they occur.
C13.07.12. Memorial/Thanksgiving Gift Committee shall be responsible for recommending appropriate items for inclusion on a “Gift Wish List” and procurement of approved items when the funds become available. The committee shall encourage members of the congregation to consider including St. Andrew in their wills and to contribute gifts of thanksgiving. The committee shall function in keeping with the Memorial/Thanksgiving Gift Committee Procedures adopted on May 14, 2009.
C13.10.01 The Financial Secretary shall be responsible for the receipt, counting and deposit of the congregation offering and other financial contributions. He/she shall submit a monthly report of funds received to the congregation. He/she shall provide each family unit a Contribution Report for the prior year by the
end of January.
C16.03.01. No alterations or amendments to these By-Laws shall be made unless presented in writing to the Congregational Council and read at a public service prior to the meeting at which they are to be considered.
CONTINUING RESOLUTIONS
C4.05.A92 St. Andrew Lutheran Church Mission Statement: St. Andrew Lutheran Church is dedicated to spreading God’s word through loving care within and through the community.
[1] This
provision is to be used in the constitutions of all congregations that formerly
were a part of the
[2] Such an effective date must be stated in relation to the requirements of *C17.03. to allow time for synodical review of the amendment.