| CONSTITUTION
OF JOY! 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 Joy! Lutheran Church of Gurnee, Illinois.
C1.02.
For the purpose of this constitution and the accompanying bylaws, the congregation
of Joy! Lutheran Church is hereinafter designated as "this congregation."
C1.11.
This congregation is incorporated under the laws of the State of Illinois.
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 Scriptures and confessed
in the ecumenical creeds and Lutheran confessional writings, as the power of God
to create and sustain the Church for God’s mission in the world.
Chapter
3 NATURE OF
THE CHURCH C3.01.
All power in the Church belongs to our Lord Jesus Christ, its head. All actions
of this congregation are to be carried out under his rule and authority.
C3.02. The
Church exists both as an inclusive fellowship and as local congregations gathered
for worship and Christian service. Congregations find their fulfillment in the
universal community of the Church, and the universal Church exists in and through
congregations. The Evangelical Lutheran Church in America, therefore, derives
its character and powers both from the sanction and representation of its congregations
and from its inherent nature as an expression of the broader fellowship of the
faithful. In length, it acknowledges itself to be in the historic continuity of
the communion of saints; in breadth, it expresses the fellowship of believers
and congregations in our day.
Chapter
4. STATEMENT
OF PURPOSE C4.01.
The Church is a people created by God in Christ, empowered by the Holy Spirit,
called and sent to bear witness to God’s creative, redeeming, and sanctifying
activity in the world.
C4.02.
To participate in God’s mission, this congregation as a part of the Church shall:
a. Worship God in
proclamation of the Word and administration of the sacraments and through lives
of prayer, praise, thanksgiving, witness, and service.
b. Proclaim God’s
saving Gospel of justification by grace for Christ’s sake through faith alone,
according to the apostolic witness in the Holy Scripture, preserving and transmitting
the Gospel faithfully to future generations.
c. Carry out Christ’s
Great Commission by reaching out to all people to bring them to faith in Christ
and by doing all ministry with a global awareness consistent with the understanding
of God as Creator, Redeemer, and Sanctifier of all.
d. Serve in response
to God’s love to meet human needs, caring for the sick and the aged, advocating
dignity and justice for all people, working for peace and reconciliation among
the nations, and standing with the poor and powerless, and committing itself to
their needs. e. Nurture its members
in the Word of God so as to grow in faith and hope and love, to see daily life
as the primary setting for the exercise of their Christian calling, and to use
the gifts of the Spirit for their life together and for their calling in the world.
f. Manifest the
unity given to the people of God by living together in the love of Christ and
by joining with other Christians in prayer and action to express and preserve
the unity which the Spirit gives.
C4.03. To
fulfill these purposes, this congregation shall:
a. Provide services
of worship at which the Word of God is preached and the sacraments are administered.
b. Provide pastoral
care and assist all members to participate in this ministry.
c. Challenge, equip,
and support all members in carrying out their calling in their daily lives and
in their congregation.
d. Teach the Word
of God. e. Witness to the
reconciling Word of God in Christ, reaching out to all people.
f. Respond to human
need, work for justice and peace, care for the sick and the suffering, and participate
responsibly in society.
g. Motivate its
members to provide financial support for the congregation’s ministry and the ministry
of other parts of the Evangelical Lutheran Church in America.
h. Foster and participate
in interdependent relationships with other congregations, the synod, and the churchwide
organization of the Evangelical Lutheran Church in America.
i. Foster and participate
in ecumenical relationships consistent with church-wide policy.
C4.04.
This congregation shall develop an organizational structure to be described in
the bylaws. The Congregation Council shall prepare descriptions of the responsibilities
of each committee, task force, or other organizational 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.
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 Evangelical Lutheran Church in America;
d. approve the annual
budget; e. acquire real
and personal property by gift, devise, purchase, or other lawful means;
f. hold title to
and use its property for any and all activities consistent with its purpose;
g. sell, mortgage,
lease, transfer, or otherwise dispose of its property by any lawful means;
h. elect its officers,
and Congregation Council, boards, and committees, and require them to carry out
their duties in accordance with this Constitution, the bylaws, and the continuing
resolutions; and i. terminate its
relationship with the Evangelical Lutheran Church in America as provided in Chapter
6. C5.04.
This congregation shall choose from among its voting members lay-persons to serve
as voting members of the Synod Assembly as well as persons to represent it at
meetings of any conference, cluster, coalition, or other area subdivision of which
it is a member. The number of persons to be elected by the congregation and other
qualifications shall be as prescribed in guidelines established by this synod.
Chapter
6. CHURCH AFFILIATION
C6.01.
This congregation shall be an interdependent part of the Evangelical Lutheran
Church in America or its successor, and of the Metropolitan Chicago Synod of the
Evangelical Lutheran Church in America. This congregation is subject to the discipline
of the Evangelical Lutheran Church in America.
C6.02. This
congregation accepts the Confession of Faith and agrees to the Purposes of the
Evangelical Lutheran Church in America and shall act in accordance with them.
C6.03.
This congregation acknowledges its relationship with the Evangelical Lutheran
Church in America in which:
a. This congregation
agrees to be responsible for its life as a Christian community.
b. This congregation
pledges its financial support and participation in the life and mission of the
Evangelical Lutheran Church in America.
c. This congregation
agrees to call pastoral leadership from the clergy roster of the Evangelical Lutheran
Church in America in accordance with its call procedures except in special circumstances
and with the approval of the bishop of the synod.
d. This congregation
agrees to consider associates in ministry, deaconesses, and diaconal ministers
for call to other staff positions in the congregation according to the procedures
of the Evangelical Lutheran Church in America.
e. This congregation
agrees to file this constitution and any subsequent changes to this constitution
with the synod for review to ascertain that all of its provisions are in agreement
with the constitution and bylaws of the Evangelical Lutheran Church in America
and with the constitution of the synod.
C6.04.
Affiliation with the Evangelical Lutheran Church in America may be terminated
as follows: a. This congregation
takes action to dissolve.
b. This congregation
ceases to exist. c. This congregation
is removed from membership in the Evangelical Lutheran Church in America according
to the procedures for discipline of the Evangelical Lutheran Church in America.
d. This congregation
follows the procedures outlined in C6.05.
C6.05.
This congregation may terminate its relationship with the Evangelical Lutheran
Church in America by the following procedure:
a. A resolution
indicating the desire of this congregation to terminate its relationship must
be adopted at a legally called and conducted special meeting of this congregation
by a two-thirds majority of the voting members present.
b. The secretary
of this congregation shall submit a copy of the resolution to the synodical bishop
and shall mail a copy of the resolution to voting members of this congregation.
This notice shall be submitted within 10 days after the resolution has been adopted.
c. The bishop of
the synod shall consult with this congregation during a period of at least 90
days. d. If this congregation,
after consultation, still desires to terminate its relationship, such action may
be taken at a legally called and conducted special meeting by a two-thirds majority
of the voting members present, at which meeting the bishop of the synod or an
authorized representative shall be present. Notice of the meeting shall be mailed
to all voting members at least 10 days in advance of the meeting.
e. A certified copy
of the resolution to terminate its relationship shall be sent to the synodical
bishop, at which time the relationship between this congregation and 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.
h. Since this congregation
was established by the Evangelical Lutheran Church in America, it shall be required,
in addition to the foregoing provisions in C6.05., to receive synodical approval
before terminating its membership in the Evangelical Lutheran Church in America.
C6.06.
If this congregation is considering relocation, it shall confer with the bishop
of the synod in which it is territorially located before any steps are taken leading
to such action. The approval of the Synod Council shall be received before any
such action is effected.
Chapter
7. PROPERTY
OWNERSHIP C7.01.
If this congregation ceases to exist, title to undisposed property shall pass
to the Metropolitan Chicago Synod of the Evangelical Lutheran Church in America.
C7.02.
If this congregation is removed from membership in the Evangelical Lutheran Church
in America according to its procedure for discipline, title to property shall
continue to reside in this congregation.
C7.03.
If a two-thirds majority of the voting members of this congregation present at
a legally called and conducted special meeting of this congregation vote to transfer
to another Lutheran church body, title to property shall continue to reside in
this congregation. Before this congregation takes action to transfer to another
Lutheran church body, it shall consult with representatives of the Metropolitan
Chicago Synod. C7.04. If
a two-thirds majority of the voting members of this congregation present at a
legally called and conducted special meeting of this congregation vote to become
independent or relate to a non-Lutheran church body, title to property of this
congregation shall continue to reside in this congregation only with the consent
of the Synod Council. The Synod Council, after consultation with this congregation
by the established synodical process, may give approval to the request to become
independent or to relate to a non-Lutheran church body, in which case title shall
remain with the majority of this congregation. If the Synod Council fails to give
such approval, title shall remain with those members who desire to continue as
a congregation of the Evangelical Lutheran Church in America.
Chapter
8. MEMBERSHIP
C8.01.
Members of this congregation shall be those baptized persons on the roll of this
congregation at the time that this constitution is adopted and those who are admitted
thereafter and who have declared and maintain their membership in accordance with
the provisions of this constitution and its bylaws.
C8.02.
Members shall be classified as follows:
a. Baptized
members are those persons who have been received by the Sacrament of Holy Baptism
in this congregation, or, having been previously baptized in the name of the Triune
God, have been received by certificate of transfer from other Lutheran congregations
or by affirmation of faith.
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 shall have communed and
made a contribution of record during the current or preceding year.
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. 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 Evangelical
Lutheran Church in America through contributions of their time, abilities, and
financial support as biblical stewards.
C8.05.
Membership in this congregation shall be terminated by any of the following:
a. death;
b. resignation;
c. transfer or release;
d. disciplinary
action by the Congregation Council; or
e. removal from
the roll due to inactivity as defined in the bylaws.
Such persons who
have been removed from the roll of members shall remain persons for whom the Church
has a continuing pastoral concern.
Chapter 9.
THE PASTOR
C9.01.
Authority to call a pastor shall be in this congregation by at least a two-thirds
majority ballot vote of members present and voting at a meeting legally called
for that purpose. Before a call is issued, the officers, or a committee elected
by this congregation to recommend the call, shall seek the advice and help of
the bishop of the synod.
C9.02.
Only a member of the clergy roster of the Evangelical Lutheran Church in America
or a candidate for the roster of ordained ministers who has been recommended for
the congregation by the synodical bishop may be called as a pastor of this congregation.
C9.03.
Consistent with the faith and practice of the Evangelical Lutheran Church in America,
a. Every ordained
minister shall: 1) preach the Word;
2) administer the
sacraments; 3) conduct public
worship; 4) provide pastoral
care; and 5) speak publicly
to the world in solidarity with the poor and oppressed, calling for justice and
proclaiming God’s love for the world.
b. Each ordained
minister with a congregational call shall, within the congregation:
1) offer instruction,
confirm, marry, visit the sick and distressed, and bury the dead;
2) supervise all
schools and organizations of this congregation;
3) install regularly
elected members of the 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 Metropolitan Chicago
Synod of the ELCA. C9.04. The
specific duties of the pastor, compensation, and other matters pertaining to the
service of the pastor shall be included in a letter of call, which shall be attested
by the bishop of the synod.
C9.05.
a. The call of a congregation, when accepted by a pastor, shall constitute a continuing
mutual relationship and commitment, which, except in the case of the death of
the pastor, shall be terminated only following consultation with the synodical
bishop and for the following reasons:
1) mutual agreement
to terminate the call or the completion of a call for a specific term;
2) resignation of
the pastor, which shall become effective, unless otherwise agreed, 30 days after
the date on which it was submitted;
3) inability to
conduct the pastoral office effectively in the congregation in view of local conditions,
without reflection on the competence or the moral and spiritual character of the
pastor; 4) the physical
or mental incapacity of the pastor;
5) disqualification
of the pastor through discipline on grounds of doctrine, morality, or continued
neglect of duty; 6) the dissolution
of the congregation; or
7) suspension of
the congregation as a result of discipline proceedings.
b. When allegations
of physical or mental incapacity of the pastor or ineffective conduct of the pastoral
office have come to the attention of the bishop of the synod, the bishop in his
or her sole discretion may, or when such allegations have been brought to the
synod’s attention by an official recital of allegations by the Congregation Council
or by a petition signed by at least one-third of the voting members of the congregation,
the bishop shall, investigate such conditions personally in company with a committee
of two ordained ministers and one layperson.
c. In case of alleged
physical or mental incapacity, competent medical testimony shall be obtained.
When such disability is evident, the bishop of the synod with the advice of the
committee shall declare the pastorate vacant. Upon the restoration of a disabled
pastor to health, the bishop of the synod shall take steps to enable the pastor
to resume the ministry, either in the congregation last served or in another field
of labor. d. In the case of
alleged local difficulties that imperil the effective functioning of the congregation,
all concerned persons shall be heard, after which the bishop of the synod together
with the committee described in C9.05.b. shall decide on the course of action
to be recommended to the pastor and the congregation. If they agree to carry out
such recommendations, no further action shall be taken by the synod. If either
party fails to assent, the congregation may dismiss the pastor by a two-thirds
majority vote of the voting members present and voting at a legally called meeting
after consultation with the bishop.
e. If, in the course
of proceedings described in C9.05.d., the committee concludes that there may be
grounds for disciplinary action, the committee shall make recommendations concerning
disciplinary action to the synodical bishop who may bring charges, in accordance
with the provisions of the constitution and bylaws of the Evangelical Lutheran
Church in America and the constitution of this synod.
f. If, following
the appointment of the committee described in C9.05.b. or d., it should become
apparent that the pastoral office cannot be conducted effectively in the congregation(s)
being served by the ordained minister due to local conditions, the bishop of the
synod may temporarily suspend the pastor from service in the congregation(s) without
prejudice and with pay provided through a joint synodical and church-wide fund
and with housing provided by the congregation(s).
C9.06.
At a time of pastoral vacancy, an interim pastor shall be appointed by the bishop
of the synod with the consent of this congregation or the Congregation Council.
C9.07. During
the period of service, an interim pastor shall have the rights and duties in the
congregation of a regularly called pastor and may delegate the same in part to
a supply pastor with the consent of the bishop of the synod and this congregation
or Congregation Council. The interim pastor and any ordained pastor providing
assistance shall refrain from exerting influence in the selection of a pastor.
C9.08.
This congregation shall make satisfactory settlement of all financial obligations
to a former pastor before calling a successor. A pastor shall make satisfactory
settlement of all financial obligations to this congregation.
C9.09.
When a pastor is called to serve in company with another pastor or pastors, the
privileges and responsibilities of each pastor shall be specified in documents
to accompany the call and to be drafted in consultation involving the pastors,
the Congregation Council, and the bishop of the synod. As occasion requires, the
documents may be revised through a similar consultation.
C9.11.
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.
C9.20.
Ecumenical pastoral ministry
C9.21.
Under special circumstances, subject to the approval of the synodical bishop and
the concurrence of this congregation, an ordained minister of a church body with
which the Evangelical Lutheran Church in America officially has established a
relationship of full communion may serve temporarily under contract as pastor
of this congregation.
C9.22. The senior pastor of this congregation shall be responsible for the supervision
of the salaried lay workers of this 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 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
in the regular mail, with the regular postage affixed or paid, sent to the last
known address of such members shall be sufficient. Notice shall be deemed delivered
on the date said notice is deposited with the United States Postal Service.
C10.04.
The lesser of twenty percent (20%) of voting members or 100 voting members shall
constitute a quorum. C10.05.
Voting by proxy or by absentee ballot shall not be permitted.
C10.06. All
actions by this congregation shall be by majority vote except as otherwise provided
in this Constitution.
C10.07.
Robert’s Rules of Order, latest edition, shall govern parliamentary procedure
of all meetings of this congregation.
Chapter
11. OFFICERS
C11.01.
The officers of this congregation shall be a president, vice president, secretary,
and treasurer. a. Duties of the
officers shall be specified in the bylaws.
b. The officers
shall be voting members of this congregation.
c. Officers of this
congregation shall serve similar offices of the Congregation Council and shall
be voting members of the Congregation Council.
d. If the Congregation
Council elects its officers, the president, vice president, and secretary shall
be selected from the elected membership of the Congregation Council.
C11.02.
This congregation shall elect its officers and they shall be the officers of the
congregation. The officers shall be elected by written ballot and shall serve
for one year or until their successors are elected. Their terms shall begin at
the close of the annual meeting at which they are elected. C11.03. No officer shall
hold more than one office at a time. No elected officer shall be eligible to serve
more than two consecutive terms in the same office.
Chapter
12. CONGREGATION
COUNCIL C12.01.
The voting membership of the Congregation Council shall consist of the pastor(s),
the officers of this congregation, and three (3) members of this congregation.
Any voting member of this 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.
C12.02.
The members of the Congregation Council except the pastor(s) and the officers
of this congregation shall be elected by written ballot to serve for three(3)
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 shall 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 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 church-wide organization of the Evangelical Lutheran
Church in America as well as cooperation with other congregations, both Lutheran
and non-Lutheran, subject to established policies of the synod and the Evangelical
Lutheran Church in America.
i. To recommend
and encourage the use of program resources produced or approved by the Evangelical
Lutheran Church in America.
j. To seek out and
encourage qualified persons to prepare for the ministry of the Gospel.
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 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 Illinois, except as
otherwise provided herein.
b. The Congregation
Council shall not have the authority to buy, sell, or encumber real property unless
specifically authorized to do so by a meeting of this congregation.
c. The Congregation
Council may enter into contracts of up to $50,000 for items not included in the
budget. d. The Congregation
Council shall prepare an annual budget for adoption by this congregation, shall
supervise the expenditure of funds in accordance therewith following its adoption,
and may incur obligations of more than $50,000 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 church-wide organization.
e. The Congregation
Council shall ascertain that the financial affairs of this congregation are being
conducted efficiently, giving particular attention to the prompt payment of all
obligations and to the regular forwarding of benevolence monies to the synodical
treasurer. f. The Congregation
Council shall be responsible for this congregation’s investments and its total
insurance program. C12.06.
The Congregation Council shall see that the provisions of this Constitution, its
bylaws, and the continuing resolutions are carried out.
C12.07.
The Congregation Council shall provide for an annual review of the membership
roster. C12.08.
The Congregation Council shall be responsible for the employment and termination
of the salaried lay workers of this congregation.
C12.09.
The Congregation Council shall submit a comprehensive report to this congregation
at the annual meeting.
C12.11.
The Congregation Council shall normally meet once a month. Special meetings
may be called by the pastor or the president, and shall be called by the president
at the request of at least one-half of its members. Notice of each special meeting
shall be given to all who are entitled to be present.
C12.12.
A quorum for the transaction of business shall consist of a majority of the members
of the Congregation Council, 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 of 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 selected by the Congregation
Council for a term of one year. Members of the Nominating Committee are not eligible
for consecutive terms. 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 Personnel Committee
shall be appointed jointly by the president and the senior pastor. Term of office
shall be two years, with three members to be appointed each successive year.
Committee members shall hold no other office in this congregation during their
term. 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 pastor.
C13.06.
Other committees of this congregation may be formed, as the need arises, by decision
of the Congregation Council.
C13.07.
Duties of committees of this congregation shall be specified in the continuing
resolutions. 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.
Chapter
15. DISCIPLINE
OF MEMBERS AND ADJUDICATION
C15.01.
Denial of the Christian faith as described in this constitution, conduct grossly
unbecoming a member of the Church of Christ, or persistent trouble-making in this
congregation are sufficient cause for discipline of a member. Prior to disciplinary
action, reconciliation will be attempted following Matthew 18:15-17, proceeding
through these successive steps: a) private admonition by the pastor, b) admonition
by the pastor in the presence of two or three witnesses, and c) citation to appear
before the Congregation Council. If for any reason, the pastor is unable to administer
the admonitions required by a. and b. hereof, the president (if not the pastor)
or vice president shall administer such admonitions. C15.02.
The process for discipline of a member of the congregation shall be governed as
prescribed by the chapter on discipline in the Constitution, Bylaws, and Continuing
Resolutions of the Evangelical Lutheran Church in America. A member charged
with the offense shall appear before the Congregation Council after having received
a written notice, at least ten days prior to the meeting, specifying the exact
charges that have been made against the member.
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. C15.10.
Adjudication.
C15.11.
When there is disagreement among factions within this congregation on
a substantive issue that cannot be resolved by the parties, members of this congregation
shall have access to the synodical bishop for consultation after informing the
chair of the Congregation Council of their intent. If the consultation fails to
resolve the issue(s), the Consultation Committee of the synod shall consider the
matter. If the Consultation Committee of the synod shall fail to resolve the issue(s),
the matter shall be referred to the Synod Council, whose decision shall be final.
Chapter
16. BYLAWS
C16.01.
This congregation may adopt bylaws. No bylaw may conflict with this Constitution.
C16.02.
Bylaws may be adopted or amended at any legally called meeting of this congregation
with a quorum present by a majority vote of those voting members present and voting.
C16.03.
Changes to the bylaws may be proposed by any voting member provided, however,
that such additions or amendments be submitted in writing to the Congregation
Council at least 60 days before a regular or special Congregation Meeting called
for that purpose and that the Congregation Council notify the members of the proposal
with its recommendations at least 30 days in advance of the Congregation Meeting.
C16.04.
Approved changes to the bylaws shall be sent by the secretary of this congregation
to the synod. Chapter
17. AMENDMENTS
C17.01.
Amendments to this Constitution may be proposed by at least thirty (30)
voting members or by the Congregation Council. Proposals must be filed in writing
with the Congregation Council 60 days before formal consideration by this congregation
at its regular or special meeting called for that purpose. The Congregation Council
shall notify the members of the proposal with the council’s recommendations at
least 30 days in advance of the meeting.
C17.02.
A proposed amendment to this constitution shall:
a. be approved at
a legally called meeting according to this constitution by a majority vote of
those present and voting;
b. be ratified without
change at the next annual meeting by a two-thirds majority vote of those present
and voting; and c. have the effective
date included in the resolution and noted in the constitution.
C17.03.
Any amendments to this constitution shall be sent by the secretary of this congregation
to the synod. The amendment shall become effective within 120 days from the date
of the receipt of the notice by the synod unless the synod informs this congregation
that the amendment is in conflict with the constitution and bylaws of the Evangelical
Lutheran Church in America or the constitution of the Metropolitan Chicago Synod
of the ELCA. C17.04.
Whenever the Model Constitution for Congregations is amended by the Churchwide
Assembly, this constitution may be amended to reflect any such amendment by a
simple majority vote at any subsequent meeting of the congregation without presentation
at a prior meeting of the congregation, provided that the Congregation Council
has submitted by mail notice to the congregation of such an amendment or amendments
at least 30 days prior to the meeting. Following the adoption of an amendment,
the secretary of the congregation shall submit a copy thereof to the synod, consistent
with C17.03. Chapter
18. CONTINUING
RESOLUTIONS C18.01.
The Congregation Council may enact continuing resolutions which describe the function
of the various committees or organizations of this congregation.
C18.02.
Continuing resolutions shall be enacted or amended by a two-thirds vote of all
voting members of the Congregation Council.
Chapter
19. INDEMNIFICATION
C19.01.
Consistent with the provisions of the laws under which this congregation is incorporated,
this congregation may adopt provisions providing indemnification for each person
who, by reason of the fact that such person is or was a Congregation Council member,
officer, employee, agent, or other member of any committee of this congregation,
was or is threatened to be made a party to any threatened, pending, or completed
civil, criminal, administrative, arbitration, or investigative proceeding. |