Mount Cross Lutheran
Church
102 Camino Esplendido
Camarillo, California
93010-1717
As amended January 30,
2011
S1.01. The fiscal year of the congregation shall be
from January 1 through December 31. The congregational year shall be from
February 1 to January 31.
S1.02. An annual meeting shall be held on or before
February 1 of each year.
S1.03. 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 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.
S1.04. Notice of all congregational meetings shall
be made at the worship service on the two consecutive Sundays immediately
preceding the meeting date and notice given by mail to all voting members at
least ten (10) days prior to the meeting.
S1.05. Ten percent (10%) [see C.10.04] of all voting
members of the congregation shall constitute a quorum.
S1.06. The pastor shall submit his or her annual
report to the congregation at the annual meeting and such interim reports as
pastor considers necessary or appropriate or upon special written request of
the Congregational Council or Executive Committee.
S1.07. Other reports shall be made at the annual
meeting of the congregation by:
a.
Congregation's treasurer
b.
Financial secretary
c.
Recording secretary
d.
Committees, task forces, and any ad hoc committee
S1.08. The Congregational Council shall, at the
annual meeting of the congregation:
a.
Submit a report of all insurance and bonds in force, and
b.
Submit a statement of all assets and liabilities of Mount Cross Lutheran
Church.
S2.01. The Congregational Council shall meet
monthly.
S2.02. The agendum at regular council meetings may
include the following:
a.
Devotions
b.
Period for study of the life and work of the church
c.
Roll call and action on excuses for absences
d.
Reading of minutes of last meeting
e.
Receptions of petitions, correspondence and communications
f.
Report of pastor(s)
g.
Report of the treasurer
h.
Report of committees, task forces and any ad hoc committees
i.
Other reports
j.
Unfinished business
k.
New business
l.
Adjournment
S2.03. At the first meeting in February of each year
the council shall elect:
a.
President of the congregation
b.
Vice-president of the congregation
c.
Recording secretary of the congregation
At
the first meeting in February the Council shall appoint a Treasurer and
Financial Secretary.
S2.04. Officers shall be elected for a term of one
year and may be re-elected for one additional term only.
S2.05. The pastor and the officers of the
congregation shall constitute the Executive Committee.
S2.06. Duties
of Officers
a.
The president shall preside at meetings of the congregation and the
congregational council.
b.
The vice-president shall preside in the event of the president's inability to
serve.
c.
The recording secretary shall keep accurate minutes of all meetings of the
congregation and of the council in a volume to be preserved permanently in the
archives.
d.
The financial secretary shall receive and keep a record of all income from
contributing members and other sources.
e.
The treasurer shall keep the books of account of the congregation and shall
receive from the financial secretary all funds and disburse them on proper
orders, making monthly remittance of benevolence receipts to the treasurer of
the synod.
f.
The treasurer and the financial secretary shall issue each month a written
report of all financial transactions to the congregational council and to the
congregation.
S2.07. Surety and Bonds. All financial officers
shall give corporate surety, in amounts determined by the church council, for
which the premium shall be paid by the congregation. Fidelity coverage provided
by the Evangelical Lutheran Church in America shall be deemed a fulfillment of
this requirement.
S3.01. At its first meeting in each congregational
year (February 1 to January 31) the Congregational Council shall appoint as
many standing committees as the local and wider concerns of the congregation
require.
a.
Each such committee and/or task force shall be composed of one or more members
of the council and other voting members of the congregation.
b.
Although appointed by and responsible to the Congregational Council, these committees
shall be recognized as representative of the interests of and performing
essential services for the congregation as a whole.
c.
The committees exist to facilitate and oversee the functions of the
congregation as outlined in Chapter XIV and Chapter XV of the Constitution.
d.
The duties of all committees shall be assigned by the council along with such
instructions as in the council's judgment are in the best interest of the
congregation.
e.
All actions of committees shall be subject to review by the council.
S3.02. At the Annual Meeting, the congregation shall
elect an annual auditing committee of three members, none of whom may be a
member of the council or the finance committee or the executive committee in
compliance with Chapter XIII Section C13.03 of the Constitution.
S3.03. Election of Council members shall take place
at the Annual Meeting. [see C12.01]
S3.04. Beginning in November of each year the
Nominating Committee shall begin its search for nominees for Church Council,
Nominating Committee, Voting members to the Synod Assembly, the Audit
Committee, the Endowment Committee and the Mediation Board.
S3.05. Other nominations can be made from the floor
of the congregational meeting.
S3.06. All nominations shall be made to the
congregation no less than 2 Sundays prior and shall be included in the
congregational newsletter or other written notice at least 10 days prior to
election.
S3.07.
If the number of nominees for any position exceeds the number of available
positions, that election shall be
by written ballot.
S3.08. Newly elected council members shall be
installed by the pastor on the Sunday following the Annual Meeting.
S3.09. New council members take office at the
February council meeting.
This policy is based
on the belief that 1) in the day-to-day performance on the job site certain
misunderstandings, disagreements, hurt feelings do occur in the best of
business families and 2) both employer and employee needs a place to air
grievances, large or small, and 3) small disputes or anxieties can usually be
settled amicably if resolution is attempted early enough.
S4.01. Definitions:
The following terms shall mean:
a.
"Employer" shall refer to the Congregation of Mt. Cross
Lutheran Church, which vests its authority over all employment matters in an
elected Congregational Council. This Council is accountable to the
Congregation.
b.
The term "Employee" shall mean any person who enters into an
employment agreement with Mt. Cross Church to perform certain enumerated tasks
for pay.
c.
The term "Manager" shall refer to an elected or appointed
person who has been placed in a supervisory position by his or her contract to
direct and oversee specific employees in the performance of their appointed
tasks.
d.
The term "Employment Arrangements" shall refer to:
(1) a job description, outlining the
scope of one's duties;
(2) an executed Employment Agreement
containing the terms and conditions
of employment and a
description of this labor policy; and
(3) the right to appear before a
mediation board to hear all grievances and
misunderstandings.
S4.02. A Mediation Board shall be established to aid
in employee conflicts and/or problems. This Board is to be called into session
only on an "as needed" basis.
a.
The Board shall hear each side of a conflict separately and together in an
effort to suggest remedy or solutions acceptable to both parties.
b.
The findings of the Board shall be confidential and all facts learned therefrom
are to be kept as a sacred trust.
c.
If the Board efforts break down or fail, either or both aggrieved persons may
appeal to the Congregational Council which, sitting as an impartial tribunal, shall
render a decision which is final upon all parties.
d.
No person shall be dismissed from employment without having an opportunity to
appear and be heard by the Congregational Council.
S4.03.
The Mediation Board shall consist of
three (3) persons to be elected by the Congregation at the annual meeting. The
term of office shall be one year and members shall serve on an "as
needed" basis. Employees and current members of Council shall not be
eligible to serve on the Mediation Board.
S5.01.
The congregation shall adopt annual goals which reflect its desires for
spiritual growth and progress both in the congregational family and in the
community. Such goals are to be evaluated according to the dictates of Holy
Scripture.
Any
questions or misunderstandings as to meaning or interpretation of these By-Laws
shall be resolved by:
1. Interpreting according to appropriate
chapters in the Constitution.
2. Consulting with the Church Council.
3. By seeking assistance of synod.
4. Robert's Rules of Order, latest edition,
which shall be the governing parliamentary law of the congregation.
[Approved
at the Annual Meeting, January 23, 2000]
S7.01.
Any pastor called to serve Mount Cross Lutheran Church shall either:
a)
already be a trained Stephen Leader, or
b)
be informed that upon accepting a call to serve Mount Cross she or he will be
sent, at the congregation’s expense, to a Stephen Ministry Leader Training
Course at the earliest possible opportunity.
S7.02.
All full or part time members of the church staff are encouraged to attend the
Stephen Minister Training Course at their earliest convenience.
--
A --
Mount
Cross Lutheran Church
Annual
Meeting of the Congregation
January
19, 2003
RESOLUTION
TO IMPLEMENT THE MISSION ENDOWMENT FUND
(Mission
and Ministry Fund)
WHEREAS,
Christian stewardship involves the faithful management of all the gifts God has
given to humankind -the created world, the gospel, life, time, abilities,
money, including accumulated, inherited and appreciated resources; and
WHEREAS,
the scriptural principle of proportionate giving, to return to the Lord a
portion of the gifts God has first given to his beloved children, is both a
privilege and an appropriate response in all times and circumstances; and
WHEREAS,
Christians can give to the work of the church through bequests in will,
assignment of life insurance, charitable gift annuities, charitable remainder
and other trusts, assignment of certificates of deposit, and transfers of
property such as cash, stocks, bonds and real estate; and
WHEREAS,
it is the desire of Mount Cross Lutheran Church to encourage, receive and
administer these gifts in a manner consistent with the loyalty and devotion to
our Lord expressed by donors and in accord with the policies of this
congregation:
THEREFORE BE IT RESOLVED, that this congregation
in meeting assembled on January 19,2003 approve and establish on the records of
the church a new and separate fund to be known as THE MISSION ENDOWMENT FUND
(hereafter called the "FUND" of the Mount Cross Lutheran Church 102
Camino Esplendido, Camarillo, California 93010-1717; and
BE
IT FURTHER RESOLVED, that the purpose of this FUND is to enhance the mission
outreach of Mount Cross Lutheran Church apart from the general operation of the
congregation; that no portion of the income generated by the FUND shall be used
for the annual operating budget of the congregation; and
BE
IT FURTHER RESOLVED, that the Mission Endowment Fund Committee shall be the
custodian of the FUND in regards to disbursements, and
BE
IT FURTHER RESOLVED, that a Plan of Operations will be set forth in regards to
the administration and management of the FUND by the Endowment Task Force in
time for a congregational meeting in April, and
BE
IT FURTHER RESOLVED, that the money for this fund will come from the line item
14.4 under "Assets" in the budget as well as those designated line
items which have been marked for the endowment fund.
--
B --
Mount
Cross Lutheran Church
Special
Meeting of the Congregation
April
27, 2003
AMENDMENT
TO THE CONGREGATIONAL BYLAWS
Mission
Endowment Fund
A
Mission Endowment Fund, whose purpose, governance and operational procedures
shall be defined by special resolution adopted by the congregation, shall be
established.
The
endowment fund is to provide the means and structure for members who have the
ability and desire to benefit Mount Cross Lutheran Church through charitable
giving that is consistent with its mission of witnessing to the message of
salvation through Jesus Christ on both a local and global level. The purpose of
the Endowment Committee is to enable Mount Cross Lutheran Church to promote
funding of specific needs that support its mission and ensure its financial
stability. The committee will seek to provide a perpetual source of income to
benefit five current categories (not in order of importance):
1.
Missions: local, regional and world projects.
2.
Education: college and seminary scholarships.
3.
Children and Young Adult Ministry.
4.
Worship and Music: support for the
worship life of Mount Cross.
5.
Capital Projects: major renovations and building of new facilities.
The
committee shall consist of five members, all of whom shall be voting members of
Mount Cross Lutheran Church. Except as herein limited, the term of each member
shall be three (3) years. Upon adoption of this resolution by the congregation,
it shall elect five (5) members to the COMMITTEE: two (2) for a term of three
(3) years: two (2) for a term of two (2) years, and one (1) for a term of one
(1) year. Thereafter, at each annual meeting, the congregation shall elect the
necessary number for a term of three (3) years. No member shall serve more than
two consecutive three (3) year terms. After a lapse of one (1) year, former
COMMITTEE members may be re‑elected. A pastor and the president and/or
vice president of the church council shall be advisory members of the
COMMITTEE. The church council of the congregation shall nominate the COMMITTEE,
which shall report at the annual congregational meeting in the same manner as
other offices and committees. In the event of a vacancy on the COMMITTEE, the
church council shall appoint a member to fill the vacancy until the next annual
meeting of the congregation, at which time the congregation shall elect a member
to fill the term of the vacancy.
The
COMMITTEE shall meet at least quarterly, or more frequently as deemed by it in
the best interest of the FUND.
A
quorum shall consist of three (3) members. When only three (3) members are
present a unanimous vote shall be required to carry any motion or resolution.
The
committee shall elect from its membership a chairperson, recording secretary
and financial secretary. The chairperson, or member designated by the
chairperson, shall preside at all committee meetings.
The
recording secretary of the COMMITTEE shall maintain complete and accurate
minutes of all meetings and supply a copy thereof to each member of the
committee. The recording secretary shall also supply a copy of the minutes to
the church council.
The church office will keep a complete
collection of the minutes, and the minutes will be available to the successors
of the COMMITTEE.
The
financial secretary of the COMMITTEE shall work with the congregation's treasurer
in maintaining and coordinating complete and accurate accounts for the FUND
'and shall sign checks and all other necessary documents on behalf of the
congregation in furtherance of the purposes of the FUND. An appropriate person
or a certified public accountant shall audit the books annually, and the person
shall not be a member of the COMMITTEE.
The
COMMITTEE shall report on a quarterly basis to the church council and at each
annual meeting or duly called special meeting of the congregation. At the
annual meeting, the COMMITTEE shall render a full and complete audited account
of the administration of the FUND during the preceding year .
The
COMMITTEE may request other members of the congregation to serve as advisory
members and, at the expense of the FUND income, may provide for such
professional counseling on investments or legal matters as it deems to be in
the best
interest
of the FUND .
Members
of the COMMITTEE shall not be liable for any loses which may be incurred upon
the investments of the assets of the FUND except to the extent such losses
shall have been caused by bad faith or gross negligence. No member shall be
personally liable as long as he or she acts in good faith and with ordinary
prudence. Each member shall be liable only for his or her own willful
misconduct or omissions, and shall not be liable for the acts or omissions of
any other member. No member shall engage in any "self dealing" or
transactions with the FUND in which the member has direct or indirect financial
interest and shall at all times refrain from any conduct in which his or her
personal interests would conflict with the interest of the FUND.
All
assets are to be held in the name of the Evangelical Lutheran Church in America
(or other brokerage or financial institution), for the benefit of the Mount
Cross Lutheran Church Mission Endowment Fund.
Principal
And Income
The
COMMITTEE shall determine what is principal and income according to accepted
accounting procedures. Income may include realized and unrealized capital gains
in the portfolio.
Gifts
and bequests to the fund shall accumulate until principal amount of $100,000.00
is achieved, after which the income generated from the investment of the
principal may be expended.
Distribution
Of Income
Income from the FUND shall be distributed
annually and at such other times as deemed necessary or feasible to accomplish
the following purpose:
The
distribution of income for the year may be given to a minimum of usually two
(2) or up to five (5) of the following categories: missions, education,
children and young adult ministry, worship and music and capital projects. The
congregation may submit requests to the COMMITTEE each year for the
distribution of the endowment fund income. If no requests are received, the COMMITTEE
will decide which category, or categories, should be funded according to the
COMMITTEE'S best judgment. The endowment distribution will be publicized in the
church bulletin, church newsletter and at the annual meeting.
After
requests have been submitted, by the pre-determined dateline, and the ,
COMMITTEE has recommended programs for support, the recommended programs will
be approved by the church council for funding, according to the guidelines
established by the congregation.
Total
disbursement of income from the FUND need not occur annually if, in the
judgment of the COMMITTEE, total annual disbursement of income is not
recommended.
Distribution
Of Principle
When,
in the opinion of the COMMITTEE, circumstances are so dire and of such an
emergency nature that the future of the congregation is at stake, and that the
only recourse seems to be the use of the FUND principal, the COMMITTEE may,
upon two- thirds majority vote, recommend such authorizing action to the
congregation.
Management
of funds will be by an independent foundation, outside of Mount Cross Lutheran
Church. The COMMITTEE'S recommendation for the foundation will be presented for
approval to the church council. The independent foundation shall be reviewed
annually.
Amending
The Resolution
BE
IT FURTHER RESOLVED, that any amendment to this resolution that will change,
alter or amend the purpose for which the FUND is established shall be adopted
by a two-thirds vote of the members present at an annual meeting of the
congregation or at a special meeting called specifically for the purpose of
amending this resolution.
Disposition
Or Transfer Of Fund
BE IT FURTHER RESOLVED, that in the event
Mount Cross Lutheran Church ceases to exist either through merger or
dissolution, disposition or transfer of the FUND shall be at the discretion of
the church council in conformity with the approved congregational constitution
and in consultation with the bishop of the synod to which this congregation
belongs at such time. Consultation with the Evangelical Lutheran Church in
America may be desirable for continuation of Mission Endowment Fund
obligations.
Adoption
Of Resolution
This
resolution, recommended by the church council and accepted by the congregation
at a legally called congregational meeting, is hereby adopted.
Mount
Cross Lutheran Church
By:
Members of the Committee for the Endowment Fund: Luanne Crockett, Jesus Duran,
Eric Goehner, Stephanie Golnik, Jodell Johnson and Paul Reigstad.
Dated
this 6th day of April, 2003
(Please note that these are just some
specific examples to help clarify what each category covers, it is in no way
meant to limit the categories. Each category may pertain to other ministries
not listed.)
Missions
Local:
RAIN
Project
CATS
St.
Columba's food pantry
California
Youth Authority
Regional:
Lutheran
Social Services
Habitat
for Humanity
Teen
Challenge
Lutheran
Border Concerns
World:
Supporting
an ELCA missionary
World
Hunger Appeal
Lutheran
Disaster Relief
Church
World Service (they sponsor the CROP walk)
Education
College
and seminary scholarships
Stephen
Leadership training
Children
and Young Adult Ministry
Camp
scholarships
Sending
youth to synod, regional, or national gatherings
Supporting
youth servant trips
Training
for Sunday school teachers and youth leaders
Worship
and Music
Purchasing
new or upgrading old instruments
Incorporating
arts into worship which may include helping to purchase banners or new
paraments
Upgrading
sound technology to used in worship
Capital
Projects
major
renovations and building of new facilities seems self-explanatory
--
C --
Mount
Cross Lutheran Church
Endowment
Fund
June
2003
The purpose of this Investment Strategy
and Policy is to specify the goals and objectives concerning the investment
portfolio of Mount Cross Endowment Fund. The Endowment Fund's portfolio
consists of socially responsible investments (listed under the Socially
Responsible Investment Guidelines).
Each
fund has a unique background and purpose, which is described below. In genera],
this Investment Strategy and Policy seeks to outline an attitude and philosophy
that will guide the management of the Mount Cross Endowment Fund toward the
desired results.
The Investment Strategy and Po]icy of Mount
Cross Endowment Fund is:
1. To seek and select investment opportunities,
which promote social and economic justice, life and human dignity in a manner
that, is consistent with the overall vision and mission of Mount Cross Lutheran
Church.
2. The endowment fund is to provide the means
and structure for members who have the ability and desire to benefit Mount
Cross Lutheran Church through
charitable
giving that is consistent with its mission of witnessing to the message
'"t ~ of salvation through Jesus Christ on both local and global level. t
~
3.
To preserve and grow each funds' principal annually.
Background
& Purpose Of Funds
1. The Endowment Fund started with anonymous
donations to Mount Cross Lutheran Church for the purpose of an Endowment Fund.
2. The fund's purpose is to annually generate
interest income to support the missions of Mount Cross Lutheran Church in the
following: The committee will seek to provide a perpetual source of income to
benefit five current categories (not in order of importance):
a.
Missions: local, regional and world projects.
b.
Education: college and seminary scholarships.
c.
Children and Young Adult Ministry.
d.
Worship and Music: support for the worship life of Mount Cross.
e.
Capital Projects: major renovations and building of new facilities.
Each Fund should be invested for the
long-term, but each fund requires a particular distribution schedule.
1. The fund requires an annually distribution of
interest income to meet the requested needs of the congregation or 5%. The
principal is intended for long- term growth.
The fund has a specific asset allocation
Asset Class
|
%
of Portfolio |
U.S. Equities
|
45-75
|
Fixed Income/Bonds
|
25-55
|
Both U.S. and foreign equities require a
mixture of large and small cap stocks in order to reach the investment goal.
Neither fund will acquire more than 5% of any class or single issuer of
securities. Neither fund will position more than 20% of the portfolio in anyone
industry group {United States Government securities not included).
Each
fund is restricted from engaging in the following:
1.
Options or futures contracts, for hedging purposes only.
2.
Margin transactions.
3.
Non-rated commercial paper.
Consistent with ELCA social statements.
(e.g., not supporting alcohol, tobacco, gambling, Weapons of Mass Destruction,
or environmentally destructive practices, hope to promote good labor and
environmental practices and community investing)
The congregation may hire one or more
Investment Manager(s) to achieve investment goals and objectives. Each
Investment Manager must adhere to the following responsibilities:
1. The Investment Manager must follow the
Investment Strategy & Policy Statement.
2. The Investment Manager must keep the
congregation informed in writing of a particular Investment guideline he/she
believes should be altered or changed. The Investment Manager must report to
Mount Cross Endowment Fund Committee quarterly (in writing) the progress of each
fund.