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.