FOR THE CONGREGATION
of
MOUNT CROSS LUTHERAN CHURCH
102 Camino Esplendido
Camarillo, California
93010-1717
PREAMBLE
In the Name of the Father, and of the Son, and of
the Holy Ghost. Amen.
We, baptized members of the Church of Christ,
responding in faith to the call of the Holy Spirit through the Gospel, desiring
to be blessed together with the Word and sacraments, to unite as a congregation
in the common confession and defense, to respond to our gracious Savior's commission
that we preach His Word and administer the sacraments, do hereby adopt this
Constitution and solemnly pledge ourselves to be governed by its provisions.
CHAPTER I.
NAME AND INCORPORATION
C1.01. The
name of this congregation shall be Mount Cross Lutheran Church.
C1.02. For the
purpose of this Constitution and the attached By-Laws, the members of Mount
Cross Lutheran Church are hereinafter designated as this congregation.
C1.03. This congregation
shall be incorporated under the laws of the State of California.
CHAPTER II.
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 III.
NATURE OF THE CHURCH
Christ is the head. The church is both universal and
local, or inclusive and congregational.
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. This church, 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 IV.
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,
thanks-giving, 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, 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
Evangelical Lutheran Church in America.
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
By-Laws. The Congregational Council shall prepare descriptions of the
responsibilities of each committee, task force, or other organizational groups
and shall review their actions. (Such description shall be contained in
continuing resolutions of the Congregational Council.)
C4.05. This
congregation shall, from time to time, adopt a mission statement which will
provide specific direction for its programs.
CHAPTER V.
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 congregational meeting called and
conducted as provided in this constitution and By-Laws.
C5.03. Only
such authority as is delegated to the Congregational Council or other
organizational units in the congregation's governing documents is recognized.
All remaining authority is retained by the congregation. The congregation is
authorized to:
a. call a pastor;
b. terminate the call of a pastor;
c. appoint or terminate the appointment of
associates in ministry 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. elects its officers, Congregational
Council, boards, and commissions, and require them to carry out their duties in
accordance with the constitution and By-Laws, and continuing resolutions; and
i. terminate its relationship with the
Evangelical Lutheran Church in America as provided in Chapter VI.
CHAPTER VI.
CHURCH AFFILIATION
C6.01. This
congregation shall be an interdependent part of the Evangelical Lutheran Church
in America or its successor, and of the Southern California - West 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 for appointment 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 By-Laws of the Evangelical Lutheran Church in America or 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 the congregation. This notice shall be
submitted within 10 days after the resolution has been adopted.
c. The bishop of the synod shall consult
with this congregation during a period of at least 90 days.
d. If this congregation, after
consultation, still desires to terminate its relationship, such action may be
taken at a legally called and conducted special meeting by a two-thirds
majority of the voting members present, at which meeting the bishop of the
synod or an authorized representative shall be present. Notice of the meeting
shall be mailed to all voting members at least 10 days in advance of the
meeting.
e. A certified copy of the resolution to
terminate its relationship shall be sent to the Synodical bishop, at which time
the relationship between this congregation and ELCA shall be terminated.
f. Notice of termination shall be
forwarded by the Synodical bishop to the secretary of this church and published
in the periodical of this church.
g. If this congregation was a member of the
Lutheran Church in America it shall be required, in addition to the 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 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 VII.
PROPERTY OWNERSHIP
Mount Cross Lutheran Church is a California
Corporation, duly authorized by the Secretary of State to do business as a
domestic, charitable corporation.
This congregation has the power to buy, sell, lend,
lease, donate, encumber by any legal means property, both real and personal,
and wheresoever situated.
Title shall vest in Mount Cross Lutheran Church.
C7.01. 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.
C7.02. If this
congregation ceases to exist, title to undisposed property, together with any
encumbrances thereupon, shall pass to the Southern California - West Synod of
the Evangelical Lutheran Church in America.
C7.03. If a
three-fourths majority of the voting members of this congregation present at a
special meeting of this congregation vote to transfer to another Lutheran
church body, it shall consult with representatives of the Southern California -
West Synod.
C7.04. If a
three-fourths majority of the voting members of this congregation present at a
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 the 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 the 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 VIII.
MEMBERSHIP
C8.01. Members
of this congregation shall be those baptized persons on the roll of the
congregation at the time that this constitution is adopted and those who are
admitted thereafter and who have declared and maintain their membership in
accordance with the provisions of this Constitution and its By-Laws.
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. Only voting members who have attained the
age of eighteen (18) years may vote on matters involving legal obligation or
contract.
d. Associate members are persons holding
membership in other Lutheran [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
Congregational Council of this congregation.
C8.03. All
applications for confirmed membership shall be submitted to and shall require
the approval of the Congregational 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
and of the Evangelical Lutheran Church in America through contributions of
their time, abilities, and financial support as biblical stewards.
C8.05 Responsibilities
of the congregation for fostering faithful members shall include:
a. Proper instruction in the Word of God
and the teaching of the Lutheran church prior to reception as confirmed
members;
b. Transfer of membership to another
Lutheran congregation or the issuing of a certificate of standing and/or
release to another evangelical congregation at the request of the confirmed
member. Such transfer of membership or issuing of a certificate of standing
and/or release should be granted to baptized but unconfirmed children at the
request of their parents.
c. Concern and conscientious pastoral care
for members who do not partake of Holy Communion, support the church with their
offerings, or appear to desire to participate in the life and worship of the
congregation. When such members have failed to receive Holy Communion and to
make a contribution of record for a period of two consecutive calendar years,
they may be removed from the roll of members by the church council. This
procedure will take place after such members have been counseled about the
matter, if possible. Such persons who have been removed from the roll of
members shall remain persons for whom the church has a continuing pastoral
concern.
C8.06. 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
Congregational Council; or
e. Removal
from the roll due to inactivity as defined in C8.05.c.
Such persons who have been removed from the roll of
members shall remain persons for whom the church has a continuing pastoral
concern.
CHAPTER IX.
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 regularly
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
one who has been recommended for it 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,
every ordained minister shall preach the Word, administer the sacraments,
conduct public worship, provide pastoral care, and shall speak publicly to the
world in solidarity with the poor and oppressed, calling for justice and
proclaiming God's love for the world. Each ordained minister with a
congregational call shall, within the congregation, offer instruction, confirm,
marry, visit the sick and distressed, and bury the dead; supervise all schools
and organizations of the congregation; shall install regularly elected members
of the Congregational Council, and with the council administer discipline.
Every pastor shall seek out and encourage qualified persons to prepare for the
ministry of the Gospel and strive to extend the Kingdom of God in the
community, in the nation, and abroad; shall impart knowledge of this church and
its wider ministry through distribution of its periodicals and other
publications; and shall endeavor to increase the support given by the
congregation to the work of the Evangelical Lutheran Church in America and of
the 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.
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 of years;
2)
resignation of the pastor;
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; or
6)
the dissolution of the congregation.
b. In the case of alleged physical or
mental incapacity of the pastor or ineffective conduct of the pastoral office,
it shall be the responsibility of the bishop of the synod, when such
difficulties are personally known or have been brought to the synod's attention
by an official recital of allegations by the Congregational Council, or by a
petition signed by at least one-third of the voting members of the
congregation, to 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 which 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 at a regularly called meeting after
consultation with the bishop.
e. The foregoing procedure shall never be
invoked when questions of doctrine, morality, or continued neglect of duty are
involved, all such cases being treated as disciplinary matters.
f. If in the course of the proceedings, it
should become apparent that the pastoral office cannot be conducted effectively
in the congregation 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 without prejudice and with pay provided through a joint
Churchwide/synod fund and with housing provided by the congregation.
C9.06. At a
time of pastoral vacancy, an interim pastor may be appointed by the bishop of
the synod with the consent of this congregation or the Congregational Council.
C9.07. During
the period of service, an interim pastor shall have the rights and duties 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
Congregational 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 with the pastors, the
Congregational Council, and the bishop of the synod. As occasion requires, the
documents may be revised through a similar consultation.
C9.10. With
the approval of the bishop of the synod the congregation may depart from
C9.05.a. and call a pastor for a specific term of years. 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 call may also be terminated before its expiration in
accordance with the provisions of C9.05.a.
C9.11. The
pastor shall keep accurate parochial records of all baptisms, confirmations,
marriages, burials, communicants, members received, members dismissed, or
members excluded from the congregation, and shall submit a summary of such
statistics annually to the synod.
C9.12. The
pastor(s) shall submit a report of his or her ministry to the bishop of the
synod at least 90 days prior to each regular meeting of Synod Assembly.
CHAPTER X.
CONGREGATIONAL MEETINGS
C10.01. The annual meeting of this congregation
shall be held on or before February 1 of each year.
C10.02. A special congregational meeting may be
called by the pastor, the Congregational Council, or the president of this
congregation, and shall be called at the written request of twenty-five percent
(25%) of all voting members. The call for each special meeting shall specify
the purpose for which it is to be held and no other business shall be
transacted.
C10.03. Notice of all meetings of this congregation
shall be given at the services of worship on the preceding two consecutive
Sundays and by mail to all voting members at least 10 days in advance of the
date of the meeting. The posting of such notice in the regular mail, with the
regular postage affixed or paid, sent to the last known address of such members
shall be sufficient.
C10.04. Ten percent (10%) of all voting members
shall constitute a quorum.
C10.05. Voting by proxy or by absentee ballot shall
not be permitted.
C10.06. All actions by the congregation shall be by
majority vote except as otherwise provided in this constitution. Majority vote
is defined as one vote over fifty percent (50%) of all votes cast.
C10.07. Robert's Rules of Order, latest edition,
shall govern parliamentary procedure of all meetings of this congregation.
CHAPTER XI.
OFFICERS
C11.01. At its first meeting in each congregational
year, the Congregational Council shall, by secret written ballot, elect a
President, Vice-president, Recording Secretary. A Congregational Treasurer and
Financial Secretary, shall be appointed by the council and will serve both the
council and the congregation in their respective capacities.
C11.02. The President, Vice-president and Recording
Secretary shall be chosen from the membership of the Congregational Council.
C11.03. The other officers, if not members of the
Council, shall be accorded the privilege of voice without vote in the Council
meetings and shall be accountable to the Council.
C11.04. All officers shall be voting members of the
congregation. If any of them ceases to be such, that office shall be declared
vacant by the Council which shall fill the vacancy for the unexpired term.
C11.05. Officers are to be elected for one-year
terms and may be re-elected for one term only.
C11.06. No officer shall hold more than one office
at a time.
C11.07. For purposes of this Chapter a
"congregational year" shall begin February 1 and end on January 31.
C11.08. The duties of each officer are specified in
the By-Laws attached to this document.
CHAPTER XII.
CONGREGATIONAL COUNCIL
C12.01. The voting membership of the Congregational
Council shall consist of not more than 13 members elected by the congregation.
Pastor(s) are ex officio members of the Council with full right of voice, but
no vote.
a. In addition, the women's organization
shall send its president as a representative to the Council with full
membership rights.
b. In addition, the youth group shall send
its elected representative to the council with full membership rights. The
youth group is defined as the young people who have completed catechism and are
confirmed members of Mount Cross.
c. In
addition, the Child Development Center shall send the chair of its board (or a
designated representative) as a representative to the Council with full membership
rights.
d. The presiding officer of the Council
shall cast no vote, except he/she shall cast the tie-breaking vote.
e. All elected council members including
the representatives from the women's organization, the youth group, and the
Child Development Center are subject to the one member -- one vote rule.
f. Any voting member of the congregation
may be elected, subject only to the limitation on the length of continuous
service permitted in that office. A member's place on the Congregational
Council shall be declared vacant if the member 1) ceases to be a voting member
of this congregation or, 2) is absent from two successive regular meetings of
the Congregational Council without cause.
C12.02. Procedures for nomination and election of
Congregational Council members are set down in detail in the By-Laws.
C12.03. The members of the
Congregational Council [except the pastor(s)] shall be elected at the annual
meeting. Their term of office shall be for two (2) years. Such members shall be
eligible to serve no more than three full terms consecutively. Their terms
shall begin at the close of the annual meeting at which they were elected.
Newly elected Congregational Council members shall be installed by the
pastor(s) at the first available Sunday worship service after they assume
office.
C12.04. Tenure of Council members shall be so
arranged that one-half of the terms expire annually.
C12.05. Should a member's place on the
Congregational Council be declared vacant, the Congregational Council shall
elect, by majority vote, a successor to serve the unexpired term until the next
annual meeting.
C12.06. A quorum for the transaction of business shall
consist of a majority of the members of the Council. Majority is defined as one
over one-half.
C12.07. The Congregational 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 Congregational Council shall include the
following:
a. To lead this congregation in stating
its mission, to do long-range planning to set goals and priorities, and to
evaluate its activities in light of its mission and goals.
b. To seek to involve all members of this
congregation in worship, learning, witness, service and support.
c. To oversee and provide for the
administration of this congregation to enable it to fulfill its functions and
perform its mission.
d. To maintain supportive relationships
with the pastor(s) and staff and help them annually to evaluate the fulfillment
of their calling, appointment, or employment.
e. To be examples individually and
corporately of the style of life and ministry expected of all baptized persons.
f. To promote a congregational climate of
peace and goodwill and, as differences and conflicts arise, to endeavor to
foster mutual understanding.
g. To arrange for pastoral service during
the sickness or absence of the pastor.
h. To emphasize partnership with the synod
and Churchwide units of the Evangelical Lutheran Church in America as well as
cooperation with other congregations, both Lutheran and non-Lutheran, subject
to established policies of the synod and the Evangelical Lutheran Church in
America.
i. To recommend and encourage the use of
program resources produced or approved by the Evangelical Lutheran Church in
America.
C12.08. The Congregational Council shall be
responsible for the financial and property matters of this congregation.
a. The Congregational Council shall be the
board of trustees of this congregation, and as such shall be responsible for
maintaining and protecting its property and the management of its business and
fiscal affairs. It shall have the powers and be subject to the obligations that
pertain to such boards under the laws of the State of California, except as
otherwise provided herein.
b. The Congregational 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 Congregational Council may enter
into contracts of up to no more than ten percent (10%) for items not included
in the budget for any particular category of spending or line item (priority
a).
d. The Congregational 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 no more then ten percent (10%) in excess of the
anticipated receipts only after approval at a Congregational meeting. The
budget shall include this congregation's full indicated share in support of the
wider ministry being carried on in partnership with the synod and Churchwide
organization.
e. The Congregational 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 moneys to the
Synodical treasurer.
f. The Congregational Council shall be
responsible for this congregation's investments and its total insurance
program.
C12.09. The Congregational Council shall see that
the provisions of this constitution, its By-Laws, and the continuing
resolutions are carried out.
C12.10. The Congregational Council shall provide for
an annual review of the membership roster.
C12.11. The Congregational Council shall be
responsible for the appointment and supervision of the salaried lay workers of
this congregation.
C12.12. The Congregational Council shall submit a comprehensive
report to this congregation at the annual meeting.
C12.13. The Congregational Council shall normally
meet once a month. Special meetings may be called by the pastor or the
president, and shall be called at the request of at least one-half of its
members. Notice of each special meeting shall be given to all who are entitled
to be present.
C12.14. A quorum for the transaction of business
shall consist of a majority of the members of the Congregational Council,
including the pastor or interim pastor, except when such person requests or
consents to be absent and has given prior approval to an agenda of routine
matters which shall be the only business of the meeting. Majority is defined as
one over fifty percent (50%) of total membership.
CHAPTER XIII.
CONGREGATIONAL COMMITTEES
C13.01. The officers of this congregation and the
pastor shall constitute the Executive Committee.
C13.02. A Nominating Committee of five voting
members of this congregation, at least two of whom shall be outgoing members of
the Congregational Council, shall be elected at the annual meeting for a term
of one year. Members of the Nominating Committee are not eligible for
consecutive re-election.
C13.03. An Audit Committee of three voting members
shall be elected by the Congregational Council. Audit Committee members shall
not be members of the Congregational Council, nor of the finance committee nor
of the executive committee. Term of office will be three years, with one member
elected each year. Members shall be eligible for re-election.
C13.04. When a pastoral vacancy occurs, a Call
Committee of nine voting members shall be shall be elected by the congregation
at a special congregational meeting. Term of office will terminate at
installation of the newly-called pastor.
C13.05. Other congregational commissions and task
forces may be formed as the need arises, by decision of the Congregational
Council.
C13.06. Duties of congregational commissions or task
forces may be specified in the By-Laws and/or continuing resolutions.
CHAPTER XIV.
ORGANIZATIONS WITHIN
CONGREGATION
C14.01. All organizations within the congregation
shall exist to aid it in ministering to its members and to all whom it can
reach with the Gospel of Christ. As outgrowths and expressions of the congregation’s
life, the organizations are subject to its oversight and direction. The
congregation at its meetings or the Congregational Council shall determine
their policies, guide their activities and receive reports concerning their
membership, work and finances.
C14.02. Special interest groups may be organized
only after authorization has been given by the Congregational Council.
C14.03. An organizational structure to fulfill these
functions shall be developed by the Congregational Council, approved by the
congregation, and described in the By-Laws. Appropriate committees, commissions
or task groups shall be responsible to the Congregational Council. The pastor
(or one of the pastors) shall have a voice in each of these committees,
commissions or task groups. The Congregational Council shall prepare
descriptions, including appropriate relationships with Synodical structures, of
the responsibility for each commission or task group and shall review their
actions.
CHAPTER XV.
DISCIPLINE OF MEMBERS
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
Congregational Council.
C15.02. A member charged with the offense shall
appear before the Congregational Council having received a written notice,
specifying the exact charges that have been made against the member, at least
10 days prior to the meeting.
C15.03. Should the allegations be sustained by a
two-thirds majority vote of the Congregational Council, 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 Congregational 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 Congregational Council upon receipt of a) evidence that
injustice has been done or b) evidence of repentance and amendment.
CHAPTER XVI.
BY-LAWS
C16.01. This congregation may adopt By-Laws. No
by-law may conflict with this constitution.
C16.02. By-Laws 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. Majority is defined as one
over fifty percent (50%). A quorum is ten percent (10%) of voting members.
C16.03. Changes to the By-Laws may be proposed by
any voting member provided, however, that such additions or amendments be
submitted in writing to the Congregational Council at least 60 days before a
regular or special congregational meeting called for that purpose and that the
Congregational Council notify the members of the proposal with its recommendations
at least 30 days in advance of the Congregational meeting.
C16.04. Approved changes to the By-Laws shall be
sent to the synod.
CHAPTER XVII.
AMENDMENTS TO CONSTITUTION
C17.01. Amendments to this constitution may be
proposed by at least two-thirds voting members or by the Congregational
Council. Proposals must be filed in writing with the Congregational Council 60
days before formal consideration by this congregation at its regular or special
meeting called for that purpose. The Congregational Council shall notify the
members in writing of the proposal with their recommendations at least 30 days
in advance of the meeting.
C17.02. A proposed amendment to this constitution
shall:
a. be approved at a properly 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 By-Laws of the Evangelical Lutheran Church
in America, or the constitution of the Southern California - West Synod.
CHAPTER XVIII.
CONTINUING RESOLUTIONS
C18.01. The Congregational 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
Congregational Council.