St. John’s Constitution

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CONSTITUTION

ST. JOHN’S LUTHERAN CHURCH

EVANSVILLE, WISCONSIN

Constitution changes ratified at Annual Meeting 2009

Proposed changes to Constitution and Bylaws approved at Annual Meeting 2008

Proposed Amendments to Constitution approved at Annual Meeting 2004

Revised 1-28-04

Proposed Amendments to bylaws approved at Annual Meeting 2003

Revised 5-03

 

Asterisk

All items that are marked with an asterisk are taken directly from the ELCA model constitution and may not be altered in any manner.

Missing Numbers

In the style followed here, the number “.10.” and multiples thereof have been reserved for possible use as section headings in future editions. Therefore, Chapters 1, 9, and 12 do not currently have constitutional provisions numbered with “.10.”

Codification Explanation

The provisions of the constitution, the bylaws, and the continuing resolutions that pertain to the same matter have been placed together.  This arrangement requires that the three types of material be identified by means other than physical separation.  The three types of provisions are identified by the following devices:

1. Constitution provisions are codified with two sets of numbers; the chapter number and a two-digit number preceding the second period in the codification.  Thus, one constitutional provision related to membership is C8.01. and is printed in bold face type.  
2. Bylaw provisions are codified with three sets of numbers; the chapter number, the related constitutional provision number, and a two-digit number.  Thus, one bylaw provision could be C8.01.01 and printed in light face type. 
3. Continuing resolutions are also codified with three sets of numbers, except that the third set is preceded by a capital letter and printed in italic type.  Thus, a continuing resolution might be numbered 13 to designate the chapter, 13.07 to designate the subject matter within the chapter, and A06 where “A” indicates that it is the first continuing resolution regarding that subject and “06” indicates that it was adopted in 2006.  Thus, one continuing resolution could be C13.07.A06 printed in italic print. 

 

Chapter Headings

C1    Name and Incorporation

C2    Confession of Faith

C3    Nature of the Church

C4    Statement of Purpose

C5    Powers of the Congregation

C6    Church Affiliation

C7    Property Ownership

C8    Membership

C9    The Pastor

C10  Congregation Meeting

C11   Officers

C12   Congregation Council

C13    Congregation Committees

C14    Organizations within the Congregation

C15    Discipline of Members

C16    Bylaws

C17    Amendments

C18   Continuing Resolutions

C19    Indemnification

 

*PREAMBLE

We, baptized members of the Church of Christ, responding in faith to the call of the Holy Spirit through the Gospel, desiring to unite together to preach the Word, administer the sacraments, and carry out God’s mission, do hereby adopt this constitution and solemnly pledge ourselves to be governed by its provisions. In the name of the Father and of the Son and of the Holy Spirit.

Chapter 1.

NAME AND INCORPORATION

C1.01.       The name of this congregation shall be St. John’s Lutheran Church of Evansville

C1.02.               For the purpose of this constitution and the accompanying bylaws, the St. John’s Lutheran congregation is hereinafter designated as “this congregation,” the South Central Synod of Wisconsin is hereinafter designated as “this synod,” and the Evangelical Lutheran Church in America is hereinafter designated as “the church.

C1.11.               This congregation shall be incorporated not for profit under the laws of the State of Wisconsin.

Chapter 2.

CONFESSION OF FAITH

*C2.01.     This congregation confesses the Triune God, Father, Son, and Holy Spirit.

C2.01.01    COMMUNION PARTICIPATION

1.         This congregation invites all of its members who have been prepared to receive the Sacrament to participate regularly in Holy Communion.

2.         Preparation for Holy Communion may be provided for persons as young as ten years of age. Instruction will be provided for 5^th grade students.

3.         Participation in Holy Communion shall be open to members of other congregations who accept the Lutheran teaching in regard to this Sacrament

4.         It shall be made known to prospective participants that the belief of this congregation is

Participation in the Lord’s Supper is the reception of “the body and blood of our Lord Jesus Christ given with bread and wine, instituted by Christ himself for us to eat and drink.” We hold that a “person is well prepared and worthy who believes these words, given and shed for you for the remission of sins. But anyone who does not believe these words, or doubts them, is neither prepared nor worthy, for the words “for you” require simply a believing heart.”

5.         Record of participation in Holy Communion shall be maintained. If a member of another congregation communes, notice shall be sent to their congregatio

*C2.02.             This congregation confesses Jesus Christ as Lord and Savior and the Gospel as the power of God for the salvation of all who believe.

a.       Jesus Christ is the Word of God incarnate, through whom everything was made and through whose life, death, and resurrection God fashions a new creation.

b.       The proclamation of God’s message to us as both Law and Gospel is the Word of God, revealing judgment and mercy through word and deed, beginning with the Word in creation, continuing in the history of Israel, and centering in all its fullness in the person and work of Jesus Christ.

c.       The canonical Scriptures of the Old and New Testaments are the written Word of God. Inspired by God’s Spirit speaking through their authors, they record and announce God’s revelation centering in Jesus Christ. Through them God’s Spirit speaks to us to create and sustain Christian faith and fellowship for service in the world.

*C2.03.             This congregation accepts the canonical Scriptures of the Old and New Testaments as the inspired Word of God and the authoritative source and norm of its proclamation, faith, and life.

*C2.04.             This congregation accepts the Apostles’, Nicene, and Athanasian Creeds as true declarations of the faith of this congregation.

*C2.05.             This congregation accepts the Unaltered Augsburg Confession as a true witness to the Gospel, acknowledging as one with it in faith and doctrine all churches that likewise accept the teachings of the Unaltered Augsburg confession.

*C2.06.             This congregation accepts the other confessional writings in the Book of Concord, namely, the Apology of the Augsburg Confession, the Smalcald Articles and the Treatise, the Small Catechism, the Large Catechism, and the Formula of Concord, as further valid interpretations of the faith of the Church.

*C2.07.             This congregation confesses the Gospel, recorded in the Holy Scriptures and confessed in the ecumenical creeds and Lutheran confessional writings, as the power of God to create and sustain the Church for God’s mission in the world

Chapter 3.

NATURE OF THE CHURCH

*C3.01.             All power in the Church belongs to our Lord Jesus Christ, its head.  All actions of this congregation are to be carried out under his rule and authority.

*C3.02.             The Church exists both as an inclusive fellowship and as local congregations gathered for worship and Christian service.  Congregations find their fulfillment in the universal community of the church, and the universal church exists in and through congregations. The Evangelical Lutheran Church in America, therefore, derives its character and powers both from the sanction and representation of its congregations and from its inherent nature as an expression of the broader fellowship of the faithful. In length, it acknowledges itself to be in the historic continuity of the communion of saints; in breadth, it expresses the fellowship of believers and congregations in our day.

Chapter 4.

STATEMENT OF PURPOSE

*C4.01.             The Church is a people created by God in Christ, empowered by the Holy Spirit, called and sent to bear witness to God’s creative, redeeming, and sanctifying activity in the world.

*C4.02.     To participate in God’s mission, this congregation as a part of the Church shall:

a.       Worship God in proclamation of the Word and administration of the sacraments and through lives of prayer, praise, thanksgiving, witness, and service.

b.       Proclaim God’s saving Gospel of justification by grace for Christ’s sake through faith alone, according to the apostolic witness in the Holy Scripture, preserving and transmitting the Gospel faithfully to future generations.

c.       Carry out Christ’s Great Commission by reaching out to all people to bring them to faith in Christ and by doing all ministry with a global awareness consistent with the understanding of God as Creator, Redeemer, and Sanctifier of all.

d.       Serve in response to God’s love to meet human needs, caring for the sick and the aged, advocating dignity and justice for all people, working for peace and reconciliation among the nations, and standing with the poor and powerless, and committing itself to their needs.

e.       Nurture its members in the Word of God so as to grow in faith and hope and love, to see daily life as the primary setting for the exercise of their Christian calling, and to use the gifts of the spirit for their life together and for their calling in the world.

f.         Manifest the unity given to the people of God by living together in the love of Christ and by joining with other Christians in prayer and action to express and preserve the unity, which the Spirit gives.

*C4.03.     To fulfill these purposes, this congregation shall:

a.       Provide services of worship at which the word of God is preached and the sacraments are administered.

b.       Provide pastoral care and assist all members to participate in this ministry.

c.       Challenge, equip, and support all members in carrying out their calling in their daily lives and in their congregation.

d.       Teach the Word of God.

e.       Witness to the reconciling Word of God in Christ, reaching out to all people.

f.         Respond to human need, work for justice and peace, care for the sick and the suffering, and participate responsibly in society.

g.       Motivate its members to provide financial support for the congregation’s ministry and the ministry of other parts of the Evangelical Lutheran Church in America.

h.       Foster and participate in interdependent relationships with other congregations, the synod, and the churchwide organization of the Evangelical Lutheran Church in America.

i.         Foster and participate in ecumenical relationships consistent with churchwide policy.

*C4.04.             This congregation shall develop an organizational structure to be described in the bylaws. The Congregation Council shall prepare descriptions of the responsibilities of each committee, task force, or other organizational group and shall review their actions. [Such description shall be contained in continuing resolutions of the Congregation Council.]

*C4.05              This congregation shall, from time to time, adopt a mission statement which will provide specific direction for its programs.

Chapter 5.

POWERS OF THE CONGREGATION

*C5.01.             The powers of this congregation are those necessary to fulfill its purpose.

*C5.02.             The powers of this congregation are vested in the Congregation Meeting called and conducted as provided in this constitution and bylaws.

*C5.03.             Only such authority as is delegated to the Congregation Council or other organizational units in this congregation’s governing documents is recognized. All remaining authority is retained by the congregation. The congregation is authorized to:

a.       call a pastor as provided in Chapter 9;

b.       terminate the call of a pastor as provided in Chapter 9;

c.       call or terminate the call of associates in ministry, deaconesses, and diaconal ministers in conformity with the applicable policy of the Evangelical Lutheran Church in America;

d.       adopt amendments to the constitution, as provided in Chapter 17, and amendments to the bylaws, as specified in Chapter 16.

e.       approve the annual budget

f.         acquire real and personal property by gift, devise, purchase, or other lawful means.

g.       hold title to and use its property for any and all activities consistent with its purpose;

h.       sell, mortgage, lease, transfer, or otherwise dispose of its property by any lawful means;

i.         elect its Congregation Council, boards, and committees, and require them to carry out their duties in accordance with the constitution, bylaws, and continuing resolutions.

j.         terminate its relationship with the Evangelical Lutheran Church in America as provided in Chapter 6.

*C5.04.             This congregation shall choose from among its voting members, laypersons to serve as voting members of the Synod Assembly as well as persons to represent it at meetings of any conference, cluster, coalition, or other area subdivision of which it is a member. The number of persons to be elected by the congregation and other qualifications shall be as prescribed in guidelines established by the South Central Synod of Wisconsin of the Evangelical Lutheran Church in America.

Chapter 6.

CHURCH AFFILIATION

*C6.01.             This congregation shall be an interdependent part of the Evangelical Lutheran Church in America or its successor, and of the South Central Synod of Wisconsin of the Evangelical Lutheran Church in America. This congregation is subject to the discipline of the Evangelical Lutheran Church in America.

*C6.02.             This congregation accepts the Confession of Faith and agrees to the Purposes of the Evangelical Lutheran Church in America and shall act in accordance with them.

*C6.03.             This congregation acknowledges its relationship with the Evangelical Lutheran Church in America in which:

a.       This congregation agrees to be responsible for its life as a Christian community.

b.       This congregation pledges its financial support and participation in the life and mission of the Evangelical Lutheran Church in America.

c.       This congregation agrees to call pastoral leadership from the clergy roster of the Evangelical Lutheran Church in America in accordance with its call procedures except in special circumstances and with the approval of the bishop of the synod.

d.       This congregation agrees to consider associates in ministry, deaconesses, and diaconal ministers for call to other staff positions in the congregation according to the procedures of the Evangelical Lutheran Church in America.

This congregation agrees to file this constitution and any subsequent changes to this constitution with the synod for review to ascertain that all of its provisions are in agreement with the constitution and bylaws of the Evangelical Lutheran Church in America and with the constitution of the synod.

*C6.04.             Affiliation with the Evangelical Lutheran Church in America may be terminated as follows:

a.       This congregation takes action to dissolve.

b.       This congregation ceases to exist.

c.       This congregation is removed from membership in the Evangelical Lutheran Church in America according to the procedures for discipline of the Evangelical Lutheran Church in America.

d.       This congregation follows the procedures outlined in *C6.05.

*C6.05.  This congregation may terminate its relationship with the Evangelical Lutheran Church in America by the following procedure:

a.       A resolution indicating the desire of this congregation to terminate its relationship must be adopted at a legally called and conducted special meeting of this congregation by a two-thirds majority of the voting members present.

b.       The secretary of this congregation shall submit a copy of the resolution to the synodical bishop and shall mail a copy of the resolution to voting members of this congregation. This notice shall be submitted within 10 days after the resolution has been adopted.

c.       The bishop of the synod shall consult with this congregation during a period of at least 90 days.

d.       If this congregation, after consultation, still desires to terminate its relationship, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the synod or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.

e.       A certified copy of the resolution to terminate its relationship shall be sent to the synodical bishop, at which time the relationship between this congregation and 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.       Since this congregation was a member of the Lutheran Church in America, it shall be required, in addition to the foregoing provisions in *C6.05., to receive synodical approval before terminating its membership in the Evangelical Lutheran Church in America.

*C6.06.             If this congregation considers relocation, it shall confer with the bishop of the synod in which it is territorially located before any steps are taken leading to such action. The approval of the Synod Council shall be received before any such action is effected.    

Chapter 7.

PROPERTY OWNERSHIP

*C7.01.             If this congregation ceases to exist, title to undisposed property shall pass to the South Central Synod of Wisconsin of the Evangelical Lutheran Church in America.

*C7.02.             If this congregation is removed from membership in the Evangelical Lutheran Church in America according to its procedure for discipline, title to property shall continue to reside in this congregation.

*C7.03.             If a two-thirds majority of the voting members of this congregation present at a legally called and conducted special meeting of this congregation vote to transfer to another Lutheran church body, title to property shall continue to reside in this congregation. Before this congregation takes action to transfer to another Lutheran church body, it shall consult with representatives of the South Central Synod of Wisconsin.

*C7.04.             If a two-thirds majority of the voting members of this congregation present at a legally called and conducted special meeting of this congregation vote to become independent or relate to a non-Lutheran church body, title to property of this congregation shall continue to reside in this congregation only with the consent of the Synod Council. The Synod Council, after consultation with this congregation by the established synodical process, may give approval to the request to become independent or to relate to a non-Lutheran church body, in which case title shall remain with the majority of this congregation. If the Synod Council fails to give such approval, title shall remain with those members who desire to continue as a congregation of the Evangelical Lutheran Church in America.

Chapter 8.

MEMBERSHIP

*C8.01.             Members of this congregation shall be those baptized persons on the roll of this congregation at the time that this constitution is adopted and those who are admitted thereafter and who have declared and maintain their membership in accordance with the provisions of this constitution and its bylaws.

C8.01.01    CONFLICTING LOYALTIES – This congregation requires that the Lord Jesus Christ shall be first in the life of a member. A member is cautioned against any affiliation with any group, fellowship, or organization, which would usurp the primacy of Christ in one’s life.  

*C8.02.     Members shall be classified as follows:

a.       Baptized members are those persons who have been received by the Sacrament of Holy Baptism in this congregation, or, having been previously baptized in the name of the Triune God, have been received by certificate of transfer from other Lutheran congregations or by affirmation of faith.

b.       Confirmed members are baptized persons who have been confirmed in this congregation, those who have been received by adult baptism or by transfer as confirmed members from other Lutheran congregations, or baptized persons received by affirmation of faith.

c.       Voting members are confirmed members. Such confirmed members, during the current or preceding calendar year, shall have communed in this congregation and shall have made a contribution of record to this congregation

d.       Associate members are persons holding membership in other Lutheran congregations who wish to retain such membership but desire to participate in the life and mission of this congregation, or persons who wish to retain a relationship with this congregation while being members of other congregations. They have all the privileges and duties of membership except voting rights and eligibility for elected offices or membership on the Congregation Council of this congregation.

C8.02.01    MEMBERSHIP

  A.  Baptized Members

1. A child, one or both of whose parents or guardians are members of the congregation shall, upon receiving Baptism, become a baptized member.

2.  A child, neither of whose parents or guardians is a member of the congregation, shall, upon receiving Baptism, become a baptized member of the congregation; unless for good reason this child is to be a baptized member of another congregation, in which case their membership shall be transferred to that congregation.

3.  A person baptized in another congregation shall be received as a baptized member in the congregation when transfer has been received.

4.  An unbaptized adult who has received instruction and has given evidence of an adequate understanding and acceptance of the teachings of the Word of God as confessed by the Lutheran Church, shall, upon confession of faith and Baptism, become a baptized member of the congregation.

5.  When one or both parents of baptized children are received into the membership of the congregation, such children should be received as baptized members with the consent of the member parent or parents.

6. When the parents of a baptized child are not themselves members of the Lutheran Church but move into the area served by this congregation and desire to have their child placed within the pastoral care of this congregation, the child may be received as a baptized member.

B.  Confirmed Members

1.  A baptized adult, not previously a confirmed member of a Lutheran congregation, shall become a confirmed member of this congregation after having received instruction, having given evidence of adequate understanding of the teachings of the Word of God as confessed by the Lutheran Church, and having made public profession of faith.

2.  A baptized member of the congregation shall become a confirmed member through the rite of affirmation of baptism; except that an adult who has become a baptized member in accordance with the provisions of Section A.4 of the bylaws shall be considered a confirmed member without participation in the rite of confirmation.

3.  An applicant for membership who presents evidence of confirmation in a Lutheran congregation but does not have a Letter of Transfer, shall be admitted to confirmed membership when the Council and/or Pastor has determined that such person meets the standards of Christian faith and life as indicated in the constitution and bylaws, and when such person has reaffirmed their faith before the congregation.

C.  Voting Members

The Council shall determine the roster of voting members of the congregation in accordance with the provisions of the constitution and bylaws. The roster of voting members shall be available at all regularly called meetings of the congregation. 

D.  Discontinuance of Membership

1.  The congregation shall, in the event a member moves outside of the community served by the congregation, encourage the member to request a transfer to a Lutheran congregation in their new community, which can serve them effectively. Should the member fail to request a transfer, a Lutheran congregation in the community of his residence shall be notified.

2.  A confirmed member in good standing desiring a change of membership to another Lutheran congregation shall, upon request, receive a Letter of Transfer.

3.  A confirmed member who does not, for a period of one year, partake of Holy Communion, support the church with offerings, and does not appear to desire to participate in the life and worship of the congregation shall be visited by the pastor or the congregation’s officers if they are local residents or contacted by mail if they live elsewhere and encouraged by them to active membership. If, during the second year, the confirmed member does not actively participate, their name shall be removed from the membership roster of the congregation but be retained on a responsibility list as one who is in special need of the congregation’s prayer and concern.

4.  A child, neither of whose parents or guardians is a member of the congregation, may be removed from the roster of baptized members if the child fails to participate in the life and the worship of the congregation.

*C8.03.    All applications for confirmed membership shall be submitted to and shall require the approval of the Congregation Council.

*C8.04.     It shall be the privilege and duty of members of this congregation to:

a.       Make regular use of the means of grace, both Word and sacraments;

b.       Live a Christian life in accordance with the Word of God and the teachings of the Lutheran church; and

c.       Support the work of this congregation, the synod, and the churchwide organization of the Evangelical Lutheran Church in America through contributions of their time, abilities, and financial support as biblical stewards.

*C8.05.     Membership in this congregation shall be terminated by any of the following:

a.       Death;

b.       Resignation;

c.       Transfer or release;

d.       Disciplinary action by the Congregation Council; or

Removal from the roll due to inactivity as defined in the bylaws. Such persons who have been removed from the roll of members shall remain persons for whom the church has a continuing pastoral concern. 

C8.06.          Responsibilities of the congregation for fostering faithful membership shall include:

a.       proper instruction in the Word of God and the teachings of the Evangelical Lutheran Church in America 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.       encouraging members who move from the community which the congregation serves to transfer to a Lutheran congregation which can serve them effectively and in which they can participate regularly. A Lutheran congregation in the new community in which such members live shall be notified of their move;

d.       continuing concern and conscientious pastoral care for members, in an effort to encourage fulfillment of their duties and responsibilities, when they do not partake of Holy Communion, support the congregation with their offerings, or appear to desire to participate in the life and worship of the congregation.

Chapter 9.

THE PASTOR

*C9.01.             Authority to call a pastor shall be in this congregation by at least a two-thirds majority ballot vote of members present and voting at a meeting legally called for that purpose. Before a call is issued, the officers, or a committee elected by this congregation to recommend the call, shall seek the advice and help of the bishop of the synod.

C9.01.01           THE PASTOR

1. The congregation shall elect a “Pastor’s Call Committee” consisting of six members. This committee shall inquire into, interview, and otherwise acquaint itself with the qualifications of potential candidates for the office. After its careful investigation, the committee shall recommend its choice first to the Council, and then, upon Council approval to the congregation.

2.  When the congregation has voted to call a pastor, it shall issue a Letter of Call to the pastor-elect, in a form approved by the Evangelical Lutheran Church in America. It shall be signed by the chairperson and the secretary of the meeting at which the call was voted, and shall be attested by the signature of the Bishop of the synod. The pastoral office designations for this congregation shall be senior pastor and associate pastor(s). An associate pastor shall be called only with the concurrence of the senior pastor and in accordance with the provisions of this paragraph.

3.  The pastoral call shall normally be for an indefinite period of time. A call issued to an associate pastor may be for a definite period of time.

4.  If a pastor receives a call to another ministry, he or she shall consult the Council, or if the pastor desires, the congregation, before reaching a decision. This pastor shall announce a decision as quickly as possible, normally within three weeks, and notify the synod Bishop of the decision. When a call has been accepted, the pastor shall terminate ministry at St. John’s as soon as feasible, normally within a month.

5.              Should the senior pastor leave office for any reason and with an associate pastor on the staff, the associate pastor may continue to serve the congregation under his/her present call, as provided below.

a.            The associate pastor may make his/her name available to the call committee for consideration as a candidate for the position of senior pastor, upon filing mobility papers with the synod. Should the associate pastor apply for and not be selected to fill the position of senior pastor, he/she will be expected to continue in the mobility process, seeking a call to serve another congregation as timely as is reasonably possible. The council may set a termination date for the associate’s call should resignation not be offered within six months from the date of the call committee’s decision not to call the associate to the position of senior pastor.

b.            The associate pastor may choose to continue serving in his/her present call throughout the duration of the interim. Upon the installation of a new senior pastor, the associate pastor may continue to serve the congregation for a period of at least one year, during which time the associate pastor and the new senior pastor will participate in conversation and team-building exercises as directed by the council and synod. After this one-year transition period has passed, the associate pastor may continue to serve the congregation in his/her present call upon the concurrence of the senior pastor.

c.            Should the senior pastor, after the one-year transition period, not concur with the continuation of the associate pastor’s service as part of the pastoral team, he/she shall outline the reasons at a closed session of the council. At the council’s discretion, the council shall notify the associate of such decision, and request that he/she be available to call immediately, terminating service to St. John’s as soon as feasible. The council may set a termination date for the associate’s call should resignation not be offered within six months from the date of notification of the senior pastor’s decision.

6. Any pastor discontinuing employment with the congregation shall participate in an exit interview with members of the Mutual Ministry team.

*C9.02.             Only a member of the clergy roster of the Evangelical Lutheran Church in America or a candidate for the roster of ordained ministers who has been recommended for the congregation by the synodical bishop may be called as a pastor of this congregation.

*C9.03.             Consistent with the faith and practice of the Evangelical Lutheran Church in America,

a.       Every ordained minister shall:

1.       preach the Word;

2.       administer the sacraments;

3.       conduct public worship;

4.       provide pastoral care; and

5. a. speak publicly to the world in solidarity with the poor and oppressed, calling for justice and proclaiming God’s love for the world.

b.  Each ordained minister with a congregational call shall, within the congregation:

1.  offer instruction, confirm, marry, visit the sick and distressed, and bury the dead;

2.  supervise all schools and organizations of this congregation;

3.  install regularly elected members of the Congregation Council; and

4.  with the council, administer discipline.

c.    Every pastor shall:

1.  strive to extend the Kingdom of God in the community, in the nation, and abroad;

2. seek out and encourage qualified persons to prepare for the ministry of the Gospel;

3. impart knowledge of this church and its wider ministry through distribution of its periodicals and other publications; and

4. endeavor to increase the support given by the congregation to the work of the churchwide organization of the Evangelical Lutheran Church in America (ELCA) and of the South Central Synod of Wisconsin of the ELCA.

*C9.04.     The specific duties of the pastor, compensation, and other matters pertaining to the service of the pastor shall be included in a letter of call, which shall be attested by the bishop of the synod.

*C9.05.            

a.  The call of a congregation, when accepted by a pastor, shall constitute a continuing mutual relationship and commitment, which, except in the case of the  

death of the pastor, shall be terminated only following consultation with the synodical bishop and for the following reasons:

1. mutual agreement to terminate the call or the completion of a call for a specific term;

2. resignation of the pastor, which shall become effective, unless otherwise agreed, 30 days after the date on which it was submitted; 

3. inability to conduct the pastoral office effectively in the congregation in view of local conditions, without reflection on the competence or the moral and spiritual character of the pastor;

4. the physical or mental incapacity of the pastor;

5. disqualification of the pastor through discipline on grounds of doctrine, morality, or continued neglect of duty;

6. the dissolution of the congregation; or

7. a. suspension of the congregation as a result of discipline proceedings.

b.  When allegations of physical or mental incapacity of the pastor or ineffective conduct of the pastoral office have come to the attention of the bishop of the synod, the bishop in his or her sole discretion may, or when such allegations have been brought to the synod’s attention by an official recital of allegations by the Congregation Council or by a petition signed by at least one-third of the voting members of the congregation, the bishop shall, investigate such conditions personally in company with a committee of two ordained ministers and one layperson. 

c.   In case of alleged physical or mental incapacity, competent medical testimony shall be obtained. When such disability is evident, the bishop of the synod with the advice of the committee shall declare the pastorate vacant. Upon the restoration of a disabled pastor to health, the bishop of the synod shall take steps to enable the pastor to resume the ministry, either in the congregation last served or in another field of labor.

d.  In the case of alleged local difficulties that imperil the effective functioning of the congregation, all concerned persons shall be heard, after which the bishop of the synod together with the committee described in *C9.05.b. shall decide on the course of action to be recommended to the pastor and the congregation. If they agree to carry out such recommendations, no further action shall be taken by the synod. If either party fails to assent, the congregation may dismiss the pastor at a legally called meeting after consultation with the bishop, either (a) by a two-thirds majority vote of the voting members present and voting where the bishop and the committee did not recommend termination of the call, or (b) by a simple majority vote of the voting members present and voting where the bishop and the committee recommended termination of the call.

e. If, in the course of proceedings described in *C9.05.d., the committee concludes that there may be grounds for disciplinary action, the committee shall make recommendations concerning disciplinary action to the synodical bishop, who may bring charges in accordance with the provisions of the constitution and bylaws of the Evangelical Lutheran Church in America and the constitution of this synod.

f.    If, following the appointment of the committee described in *C9.05.b. or d., it   should become apparent that the pastoral office cannot be conducted effectively in the congregation(s) being served by the ordained minister due to local conditions, the bishop of the synod may temporarily suspend the pastor from service in the congregation(s) without prejudice and with pay provided through a joint synodical and churchwide fund and with housing provided by the congregation(s).

*C9.06.             At a time of pastoral vacancy, an interim pastor shall be appointed by the bishop of the synod with the consent of this congregation or the Congregation Council.

*C9.07.             During the period of service, an interim pastor shall have the rights and duties in the congregation of a regularly called pastor, and may delegate the same in part to a supply pastor, with the consent of the bishop of the synod and this congregation or the Congregation Council. The interim pastor and any ordained pastor providing assistance shall refrain from exerting influence in the selection of a pastor.

*C9.08.             This congregation shall make satisfactory settlement of all financial obligations to a former pastor before calling a successor. A pastor shall make satisfactory settlement of all financial obligations to this congregation before beginning service in a call to another congregation or employment in another ministry setting related to the Evangelical Lutheran Church in America.

*C9.09.             When a pastor is called to serve in company with another pastor or pastors, the privileges and responsibilities of each pastor shall be specified in documents to accompany the call and to be drafted in consultation involving the pastors, the Congregation Council, and the bishop of the synod. As occasion requires, the documents may be revised through a similar consultation.

*C9.11.             With the approval of the bishop of the synod, the congregation may depart from *C9.05.a. and call a pastor for a specific term. Details of such calls shall be in writing setting forth the purpose and conditions involved. Prior to the completion of a term, the bishop or a designated representative of the bishop shall meet with the pastor and representatives of the congregation for a review of the call. Such call may also be terminated before its expiration in accordance with the provisions of *C9.05.a.

*C9.12.             The pastor of this congregation:

a.       shall keep accurate parochial records of all baptisms, confirmations, marriages, burials, communicants, members received, members dismissed, or members excluded from the congregation;

b.       shall submit a summary of such statistics annually to the synod; and

c.       shall become a member of this congregation upon receipt and acceptance of the letter of call.  In a parish of multiple congregations, the pastor shall hold membership in one of the congregations.

*C9.13.             The pastor(s) shall submit a report of his or her ministry to the bishop of the synod at least 90 days prior to each regular meeting of the Synod Assembly.

*C9.14.             The parochial records of this congregation shall be maintained by the pastor and shall remain the property of the congregation. The secretary of this congregation shall attest in writing to the bishop of this synod that such records have been placed in his or her hands in good order by a departing pastor before the installation of that pastor in another field of labor or the granting by the synod of retired status to the pastor.

Chapter 10.

CONGREGATION MEETING

C10.01.             The power and authority of this congregation shall be exercised through the congregational meeting. The annual meeting of this congregation shall be called and held in conformity with civil laws and the provisions of the Constitution and bylaws of the congregation.

C10.01.01            MEETINGS OF THE CONGREGATION

1. Announcement of the time and place of the annual meeting of the congregation, which is to be held in January, shall be made at two public services immediately preceding the meetings, said services to be at least a week apart: and in such publications as the congregation or the pastor may periodically issue, or by written notice to the voting members mailed not less than ten days in advance of the meetings.

2. The officers of the previous year shall preside in their respective positions for the annual meeting covering all business of this meeting.

3.  The current rosters of voting, confirmed, and baptized members shall be available at each meeting of the congregation.

4. The annual meeting shall receive reports and financial statements from all the committees and organizations of the congregation.

 5. The meeting of the congregation shall elect directors of the St. John’s Lutheran Church Endowment Fund Board.

6. The annual meeting shall elect such delegates, representatives, or voting members as are needed for conferences, synodical or national ELCA gatherings, or other church related ministries. It may further elect those needed for service on the Usher Board or other special committees of the congregation.

C10.02.             A special congregation meeting may be called by the pastor, the Congregation Council, or the president of this congregation, and shall be called at the written request of 10 percent of the voting members. The call for each special meeting shall specify the purpose for which it is to be held and no other business shall be transacted.

C10.03.             Notice of all meetings of this congregation shall be given at the services of worship on the preceding two consecutive Sundays or by e-mail, first class, or bulk 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.     Thirty five 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.

C10.07.     Robert’s Rules of Order, latest edition, shall govern parliamentary procedure of all meetings of this congregation.  The presiding officer of the meeting shall appoint a parliamentarian who shall advise him/her upon matters of order. 

Chapter 11.

OFFICERS

C11.01.             The officers of this congregation shall be a president, vice-president, secretary, and treasurer.

a.       Duties of the officers shall be specified in the bylaws.

b.       The officers shall be voting members of the congregation.

c.       Officers of this congregation shall serve similar offices of the Congregation Council and shall be voting members of the Congregation Council.

C11.01.01    DUTIES OF OFFICERS

1. The president shall preside at meetings of the Congregation Council and of the congregation. The president, in cooperation with the pastor and church secretary, shall secure supply pastors as needed.

2. The vice-president shall preside at meetings of the Congregation Council and of the congregation in the absence of the president.

3. The secretary shall keep the minutes of the Congregation Council and of the congregation. The Council Secretary shall oversee the office administrating secretary to ensure that all policies and procedures developed by the Congregation Council are followed.

4. The treasurer shall have responsibility for all funds of the congregation, and shall oversee all those with access to these funds in accordance with the decisions of the congregation or the Congregation Council. When there is a financial secretary, the Council Treasurer will oversee him/her to ensure that all policies and procedures developed by the Congregation Council are followed.  The treasurer has the ability to delegate the receipt and disbursements of such funds to a financial secretary should these responsibilities be delegated to a financial secretary.

C11.02.             The Congregation Council shall elect its officers and they shall be the officers of the congregation. The officers shall be elected by written or unanimous ballot and shall serve for one year or until their successors are elected.

C11.03.             No officer shall hold more than one office at a time.  No elected officer shall be eligible to serve more than two consecutive terms in the same office.

Chapter 12.

CONGREGATION COUNCIL

C12.01.             The voting membership of the Congregation Council shall consist of not less than 9 and not more than 12 members of the congregation including the officers of the congregation. Any voting member of the congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office. No member of the congregation council shall serve more than two consecutive terms as council member. A member’s place on the Congregation Council shall be declared vacant if the member

a.       Ceases to be a voting member of this congregation or

b.       Is absent from four successive regular meetings of the Congregation Council without cause.

The Pastor(s) shall be advisory member(s) of the Congregation Council by virtue of their office but without vote.

C12.01.01    COUNCIL MEMBERSHIP

1. The Congregation Council shall have between 9 – 12 elected members.

2. A member of the Congregation Council who is absent from two consecutive regular meetings, without an excuse acceptable to the council, shall be consulted by the president, or any three members of the Congregation Council.

C12.02.             The members of the Congregation Council shall be elected at a legally called meeting of the congregation during the month of December. Their term of office shall be for two years with the term of office beginning on January 1, and ending on December 31. Such members shall be eligible to serve no more than two full terms consecutively. Newly elected Congregation Council members shall be installed at worship the first Sunday of January.

C12.02.01   NOMINATION OF ELECTION OF THE CONGREGATION COUNCIL

1. The Nominating Committee may be composed of four members with the Pastor serving as convener and advisor:

a. Shall nominate one or more candidates from the active membership list for each office to be filled and shall secure the consent of each candidate to serve if elected. One member per household shall be permitted to serve on the Council, unless extenuating circumstances exist.

b. Shall present the candidates on the second Sunday in November at all services. At this time additional nominations from the active membership list may be made from the floor. The Nominees shall then constitute the ballot for election.

c. Shall see that the nominees are presented in any official mailing of the Parish and listed in all service bulletins on the Sundays prior to election.

2. On the first Sunday of December prepared ballots shall be distributed at all services and all qualified voters shall vote. The ushers shall collect the ballots and tellers appointed by the President shall tabulate the ballots following the last service of the day. The tabulation shall then be given to the President, Secretary and Pastor, and shall be so recorded in the official records of the congregation.

3. The elected candidates shall be informed of their election and shall be installed on the first Sunday of January following election.

4. At the December meeting of the Congregation Council the Congregation Council shall elect the officers and representatives to the council committees. The Pastor shall facilitate the election of officers as the first order of business at the December meeting. Newly elected council members shall have the right to vote for officers.

C12.03. Should a member’s place on the Congregation Council be declared vacant, the Congregation Council shall elect, by majority vote, a successor until the next annual meeting.

C12.03.01 VACANCY

If a vacancy occurs on the Congregation Council, the Council shall fill the vacancy for the duration of the calendar year.  The length remaining of the unexpired term shall not be considered in determining eligibility for succession.

C12.04.  The Congregation Council shall have general oversight of the life and activities of this congregation, and in particular its worship life, to the end that everything be done in accordance with the Word of God and the faith and practice of the Evangelical Lutheran Church in America. The duties of the Congregation Council shall include the following:

a.       To lead this congregation in stating its mission, to do long-range planning, to set goals and priorities, and to evaluate its activities in light of its mission and goals.

b.       To seek to involve all members of this congregation in worship, learning, witness, service, support and stewardship.

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.

j.         To seek out and encourage qualified persons to prepare for the ministry of the Gospel. 

C12.04.01  DUTIES AND RESPONSIBILITIES OF THE CHURCH COUNCIL

In addition to the duties and responsibilities provided in the constitution, the Congregation Council shall:

1. Secure necessary staff other than the pastor(s) such as parish secretaries, parish worker, custodians, organists and choir directors, etc. and fix and annually review their salaries.

2.  Annually review the performance and salary of the pastor(s) and make adjustments from time to time within the limits of the budget approved by the congregation.

3. Receive reports monthly from the treasurer to ascertain that the expenditures are within the budget and other limits as established by the constitution.

4.  Prepare a budget to submit to the January annual meeting of the congregation.

5.  Assure itself that the financial secretary and others who have access to the general funds of the congregation are adequately bonded.

 6.  Assure itself that all insurance policies are up to date and in order.

7.   Be responsible for the buildings and premises of the congregation so that their use is normally limited to the functions of the congregation. Should groups or individuals not associated with the congregation desire to use such property, application shall be made to the Congregation Council, which committee shall have authority to accept or deny the application. Ceremonies of groups, fellowships, or organizations which would usurp the authority of Jesus Christ shall not be permitted in the church or on the church premises of the congregation. 

8.  Council committees and ministries shall include: Executive; Music and Worship; Building and Grounds; Stewardship; Parish Education; Life and Growth; Social Concerns; Fellowship; Memorials; and Youth. The Church Council shall elect from its own membership liaisons to the council committees. The Council shall be responsible for seeing that these committees and ministries, with the exception of the Endowment Fund, are staffed and that they carry out their constitutional assignments. The Council shall have the authority to appoint special or ad-hoc committees and task forces as the need arises.

9. Have authority between meetings of the congregation to choose delegates to any group or meeting in which the congregation is entitled representation.

C12.04.02  CHURCH ELDERS

Elders allow for the potential to allow consistency to the council in decision making matters.  By virtue of their knowledge, the expectation is that elders will provide continuity of knowledge and church history to assist the council in making judicious decisions.

1.  A council may select two church elders to serve as advisors to the council.

2.  Appointees may be reappointed annually.

3.  Selection is based on at least one of the following:

a. Longevity of church membership

b. Previous experience on the congregation council

c. Knowledge of synod policies and procedures.

4. Responsibilities may also be assigned as they, in consultation with the president, or the council may deem necessary.

a. Duties may include presence at worship services as council representatives.

5. Each appointee shall serve as a member of the council with a voice and without vote.

C12.05. The Congregation Council shall be responsible for the financial and property matters of this congregation.

a. The Congregation Council shall be the board of 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 Wisconsin, except as otherwise provided herein.

b. The Congregation Council shall not have the authority to buy, sell, or encumber real property unless specifically authorized to do so by a meeting of the congregation.

c. The Congregation Council may enter into contracts of up to 4 percent of the total operating budget for items not included in the budget.

d. The Congregation Council shall prepare an annual budget for adoption by this congregation, shall supervise the expenditure of funds in accordance therewith following its adoption, and may incur obligations more than 4 percent in excess of the anticipated receipts only after approval by a congregation Meeting. The budget shall include this congregation’s full, indicated share in support of the wider ministry being carried on in partnership with the synod and churchwide organization.

e. The Congregation Council shall ascertain that the financial affairs of this congregation are being conducted efficiently, giving particular attention to the prompt payment of all obligations and to the regular forwarding of benevolence monies to the synodical treasurer.

f.  The Congregation Council shall be responsible for this congregation’s investments and its total insurance program.

C12.06. The Congregation Council shall see that the provisions of this constitution and its bylaws and the continuing resolutions are carried out.

C12.07. The Congregation Council shall provide for an annual review of the membership roster.

C12.08.  The Congregation Council shall be responsible for the appointment and supervision of the salaried lay workers of this congregation.

C12.09.  The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting.

C12.11.  The Congregation Council shall normally meet once a month.  Special meetings may be called by the pastor, the president, or at the request of at least one-half of council members. Notice of each special meeting shall be given to all who are entitled to be present.    

C12.12. A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council.

Chapter 13.

CONGREGATION COMMITTEES

C13.01. The officers of this congregation and the pastor shall constitute the Executive Committee.

C13.02. A Nominating Committee shall consist of all members of the Congregation Council, as a vehicle to ensure that all positions are filled, with the Pastor serving as convener and advisor.

Cl3.03.  An Audit Committee, of at least two voting members, shall be appointed by the Congregation Council. Audit Committee members shall not be members of the Congregation Council.

C13.04. A Mutual Ministry Committee (in the absence of a Mutual Ministry Committee, their duties shall be fulfilled by the Executive Committee) may be appointed jointly by the president and the pastor. Term of office shall be two years, three members to be appointed each successive year. Committee members will hold no other office in the congregation during their term.

C13.05. When a pastoral vacancy occurs, a Call Committee of six voting members shall be elected by this congregation. Term of office will terminate at installation of the newly-called pastor.

C13.06 Other committees of this congregation not specified by the constitution or the bylaws may be formed, as the need arises, by decision of the Congregation Council. 

C13.07.  The Congregation Council may authorize the establishment of a special committee or task force through a continuing resolution.  The resolution shall define the purpose of the special committee or task force.  The president shall recommend committee members to the Congregation Council for its approval.  No special committee or task force shall become active without Council approval.

C13.08  Duties of congregation committees shall be specified in the bylaws and continuing resolutions.

C13.08.01  COMMITTEES

Each committee is responsible for, and authorized to, carry out actions within the means of the annual budget. 

(a) Executive Committee (Trustees) shall consist of the president, vice-president, secretary, treasurer and pastor. The pastor shall have a voice, but no vote. It shall serve as a Steering Committee and act on behalf of the congregation in legal and official matters.

(b) Ministry of Worship and Music shall oversee the work of the Ushers, Greeters, Acolytes, Worship Assistants, Altar Guild, nursery supervision, sound board operators, projectionists, and all others participating in the leadership of the service. They shall maintain liaison with the Music Director, Organist(s), and choirs; shall arrange for music instrument maintenance and tuning, and make recommendations thereon to the Council.

(c) Ministry of Building and Grounds shall oversee the care, management and       maintenance of all properties of the congregation, serve in a liaison and oversight       relationship with the Custodial employees, review maintenance contracts, review       needs regarding purchase of new equipment, review insurance coverage for all       properties and make recommendations thereon to the Church Council.

(d) Ministry of Stewardship shall attend to matters involving finances, Time and Talents. They shall plan and carry out an annual stewardship education emphasis providing members opportunities to grow in and commit themselves more fully to the ministry of the whole church. They shall see that offering envelopes are distributed, the congregation kept informed about our financial status, and the work of the ministry at home and abroad, and make recommendations thereon to the Church Council.

(e) Ministry of Parish Education shall formulate and supervise the Christian

education programs and schools of the congregation for all age levels, shall review educational programs regularly, and make recommendations to the Church Council. They shall see that adequate staff is available for educational opportunities and that materials used are in accord with the Lutheran Confessions. The Sunday School Superintendent(s) shall be member(s) of this committee.

(f) Ministry of Life and Growth shall develop a sound program of visitation and spiritual care for members and for outreach into our community. The committee shall be especially sensitive to the needs of the inactive, the lonely, and the bereaved. They shall secure the training of visitation teams to assist the pastor(s) in this effort, making recommendations thereon to the council.

(g)  Ministry of Social Concerns shall be alert to the social concerns and needs within society, studying church, local, state, and national issues as invited to do so, and making recommendations to the Congregation Council and/or congregation as to appropriate responses.

(h) Ministry of Fellowship shall have as its basic objectives the strengthening of the fellowship between congregational members spiritually and socially: the integration of new members into the life of the congregation; planning and implementation of outreach events in which the larger community’s participation is invited; and the general building of mutual cooperation, trust and enjoyment among the members of the congregation.

(i) Ministry of Memorials shall have oversight of memorial gifts and funds. It shall be responsible for developing and maintaining a suggested list of needs which can be met through memorials and other gifts.

(j) Ministry of Youth shall support and supervise the activities of various youth groups formed within the  congregation. Youth ministries will be provided for youth of all ages, within the current staffing abilities. These groups are formed to bring a greater understanding of God’s word and thus provide a foundation from which their Christian faith can grow. The committee shall coordinate service and fellowship activities. In addition, it will provide the opportunity to collaborate for leadership needs, fund-raising activities, and offer mentoring opportunities for the youth and their leaders.

(k) Personnel Committee

1.  The purpose of the Personnel Committee is to provide oversight review of the paid employees of the congregation, including the pastor(s).

2.  The Personnel Committee, as an arm of the Council, shall:

a. Review matters involving personnel policies

b. Recommend various personnel policies

c. Conduct at least annual evaluations

d. Handle special personnel responsibilities which may arise

e. Draft minutes of meetings

f. Document personnel matters

g.  Provide recommendations to the Council dealing with salaries, wages and benefits, hiring, and terminations.

3.  The Council through the Personnel Committee shall take any necessary action relative to employment including hiring, job description, evaluation, remuneration and termination for all staff including the pastor(s) with the exception of hiring and termination of rostered leaders.

4.  They shall review at least annually all positions to assess the need for staff assignments, changes, expansion, or reduction. They shall assess at least annually the job performance of the Senior Pastor and all other positions and set the appropriate remuneration for each.

5.  Membership on the Personnel Committee shall be by appointment of the church council.

6.  Appointment by the church council shall occur at the regular council meeting in March of each year that the term expires

7.  The Personnel Committee shall consist of three persons, each for a three year term, except in the initial formation of the committee.  No member shall be re-elected for more than one additional term.

8.  A member of the Personnel Committee shall not be a member of the Council.

9.  The chairperson of the Personnel Committee shall:

a. Serve as a member of the Council with voice and without vote.

b. Serve as a liaison between the staff and the Council.

(l)              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.

C13.08.A00  Resolution to Implement the Mission Endowment Fund

WHEREAS, Christian stewardship involved the faithful management of all the gifts God has given to mankind – the created worked, 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 wills, assignment of life insurance, charitable gift annuities, charitable remainder and other trusts, assignment of certificates of deposit, and transfers of property (cash, stocks, bonds, real estate); and

WHEREAS, it is the desire of St. John’s Lutheran Church to encourage, receive and administer these gifts in a manner consistent with the loyalty and devotion of our Lord expressed by the donors in an accord with the policies of this congregation:

THEREFORE BE IT RESOLVED, that this congregation in annual meeting assembled on January 23, 2000, approve and establish the records of the church a new a separate fund to be known as THE MISSION ENDOWMENT FUND (hereafter called the “FUND”) of the St. John’s Lutheran Church, Evansville, Wisconsin;

BE IT FURTHER RESOLVED, that the purpose of this FUND is to enhance the mission outreach of St. John’s 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;

BE IT FURTHER RESOLVED, that the Missions Endowment Fund Committee (hereafter called the “COMMITTEE”) shall be the custodian of the FUND;

BE IT FURTHER RESOLVED that the following Plan of Operation set forth the administration and management of the “FUND:

            The Committee

1.  The committee shall consist of five members, all of whom shall be voting members of St. John’s Lutheran Church.  Except as herein limited, the term of each member shall be three (3) years.  Upon an 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 (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.  The Senior pastor and the vice-president of the Church Council shall be advisory members of the COMMITTEE.  The Church Council of the congregation shall nominate for the COMMITTEE and report at the annual congregational meeting in the same manner as for 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 fulfill the term of the vacancy.

2.  The COMMITTEE shall meet a least quarterly, or more frequently as deemed by it in the best interest of the FUND.

3.  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.

4.  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 meeting.

5.  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.  Each member shall keep a complete copy of minutes to be delivered to his or her successor.  The recording secretary shall also supply a copy of the minutes to the Church Council.

6.  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 purpose of the FUND.  The books shall be audited annually by a certified public accountant or other appropriate person who is not a Member of the COMMITTEE.

7.  The COMMITTEE shall report on a quarterly basis to the Church Council and, at each annual or duly called special meeting of the congregation, shall render a full and complete audited account of the administration of the FUND during the preceding year.

8.  The COMMITTEE may request other members of the congregation to serve as advisory members and, at the expense of 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.

9.  Members of the COMMITTEE shall not be liable for any losses 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/she acts in good faith and with ordinary prudence.  Each member shall be liable only for his/her own willful misconduct or omissions, and shall not be liable for 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/her personal interest would conflict with the interest of the FUND.

10.  All assets are to be held in the name of the St. John’s Lutheran Church Mission Endowment Fund.

11.  Recommendations to hold, sell, exchange, rent, lease, transfer, convert, invest, reinvest, and in all other respects to manage and control the assets of the FUND, including stocks, bonds, debentures, mortgages, notes, or other securities, as in their judgment and discretion they deem wise and prudent, are to be made by the COMMITTEE for approval by the Church Council, with subsequent execution by the delegated member of the COMMITTEE.

Distribution of Income

1.  The committee shall determine what is principal and income according to accepted accounting procedures.

Option 1A            Gifts and bequests to the fund shall accumulate until principal amount of $1000.00 is achieved, after which the income generated from the investment of the principal shall be expended.

2.  Income from the FUND shall be distributed annually and at such other times as deemed necessary and/or feasible to accomplish the following purposes:

Option 2A            Minimum of 20% for outreach into the community and synod, including but not limited to, grants to ELCA seminaries, colleges, or students attending such schools, social service agencies, institutions and agencies to which this congregation relates, and to special programs designed for those persons in our parish area who are in spiritual and/or economic need.

Option 2B            Minimum of 20% for missions of the Evangelical Lutheran Church in America in this continent and worldwide, including, but not limited to, Grants to the Evangelical Lutheran Church in America for new Congregational development in North America, professional leadership, educational ministries global mission, ecumenism, evangelism, social ministries, and capital financing.

Option 2C            Minimum of 20% for capital improvements, debt reduction or a Building program of St. John’s Lutheran Church. 

Option 2D            Up to 40% for any one or all of the above designated areas in any proportion as determined by the COMMITTEE, or for causes and programs, which at the discretion of the COMMITTEE are consistent with the FUND purpose of enhancing the mission outreach of St. John’s Lutheran Church.

3.  Programs for support shall be recommended by the COMMITTEE and approved by the Church Council for funding according to the guidelines established by the congregation.

4.  Disbursement of income from the FUND need not occur annually in the event causes and programs have not been approved by the COMMITTEE sufficient to utilize total income available, or if in the judgment of the COMMITTEE total annual disbursement of income is not recommended.

Distribution of Principal

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 the only recourse seems to be the use of the FUND principal, the COMMITTEE may upon a two-thirds majority vote, recommend such authorizing action to the congregation.

Amending the Resolution

BE IT FURTHER RESOLVED, that any amendment to this resolution, which 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 St. John’s Lutheran Church ceases to exist through merger or dissolution, disposition or transfer of FUND shall be at the discretion of the Church Council in conformity with the approved congregational constitution and in consultation with the bishop of 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.

Chapter 14.

ORGANIZATIONS WITHIN THE CONGREGATION

C14.01.             All organizations within this congregation shall exist to aid it in ministering to the members of this congregation and to all persons who can be reached with the Gospel of Christ. As outgrowths and expressions of this congregation’s life, the organizations are subject to its oversight and direction. This congregation at its meeting shall determine their policies, guide their activities, and receive reports concerning their membership, work, and finances.

C14.02.             Special interest groups, other than those of the official organizations of the Evangelical Lutheran Church in America, may be organized only after authorization has been given by the Congregation Council [and specified in a continuing resolution].

Chapter 15.

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 Congregation Council.

If, for any reason, the pastor is unable to administer the admonitions required by a. and b. hereof, the president (if not the pastor) or vice president shall administer such admonitions.

*C15.02.            The process for discipline of a member of the congregation shall be governed as prescribed by the chapter on discipline in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. If discipline against a member proceeds beyond counseling and admonition by the pastor, charges against the accused member(s) that are specific and in writing shall be prepared by member(s) of the cong­regation who shall sign the charges as the accuser(s). The written charges shall be filed with the pastor, who shall advise the Congregation Council of the need to issue a written citation to the accused and the accusers that specifies the time and place of the hearing before the Congregation Council. The written charges shall accompany the written citation to the accused. A member charged with the offense shall appear before the Congregation Council after having received a written citation, at least 10 days prior to the meeting.

 If the member charged with the offense fails to appear at the scheduled hearing, the Congregation Council may proceed with the hearing and may pass judgment in the member’s absence.

*C15.03.            Members of the Congregation Council who participate in the preparation of the written charges or who present evidence or testimony in the hearing before the Congregation Council are disqualified from voting upon the question of the guilt of the accused member.  Should the allegations be sustained by a two-thirds majority vote of the members of the Congregation Council who are not disqualified but who are present and voting, and renewed admonition proves ineffectual, the council shall impose one of the following disciplinary actions:

a.       Censure before the council or congregation;

b.       Suspension from membership for a definite period of time; or

c.       Exclusion from membership in this congregation.

                   Disciplinary actions b. and c. shall be delivered to the member in writing.

*C15.04.            The member against whom disciplinary action has been taken by the Congregation Council, shall have the right to appeal the decision to the Synod Council. Such right may not be abridged and the decision of the Synod Council shall be final.

*C15.05.            Disciplinary actions may be reconsidered and revoked by the Congregation Council upon receipt of

a.       Evidence that injustice has been done or

b.       Evidence of repentance and amendment.

*C15.06.            For disciplinary actions in this congregation, “due process” shall be observed as specified in 20.41.04. in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America.

*C15.07.            No member of a congregation shall be subject to discipline for offenses that the Congregation Council has previously heard and decided, unless so ordered by the Synod Council after an appeal.

*C15.10.            Adjudication

*C15.11.            When there is disagreement among factions within this congregation on a substantive issue that cannot be resolved by the parties, members of this congregation shall have access to the synodical bishop for consultation after informing the chair of the Congregation Council of their intent. If the consultation fails to resolve the issue(s), the Consultation Committee of the synod shall consider the matter. If the Consultation Committee of the synod shall fail to resolve the issue(s), the matter shall be referred to the Synod Council, whose decision shall be final.

Chapter 16

BYLAWS

*C16.01.     This congregation may adopt bylaws. No bylaw may conflict with this constitution.

*C16.02.            Bylaws may be adopted or amended at any legally called meeting of this congregation with a quorum present by a majority vote of those voting members present and voting.

*C16.03.            Changes to the bylaws may be proposed by any voting member provided, however, that such additions or amendments be submitted in writing to the Congregation Council at least 60 days before a regular or special Congregation Meeting called for that purpose and that the Congregation Council notify the congregation’s members by mail of the proposal with the council’s recommendations at least 30 days in advance of the Congregation Meeting.

*C16.04.            Approved changes to the bylaws shall be sent by the secretary of this congregation to the synod.

Chapter 17.

AMENDMENTS

*C17.01.            Those sections of this constitution that are not required, in accord with the Model Constitution for Congregations of the Evangelical Lutheran Church in America, may be amended in the following manner. Amendments may be proposed by at least 15 voting members or by the Congregation Council. Proposals must be filed in writing with the Congregation Council 60 days before formal consideration by this congregation at its regular or special

 Congregation meeting called for that purpose. The Congregation Council shall notify the congregation’s members by mail of the proposal together with the council’s recommendations at least 30 days in advance of the meeting.

*C17.02.            An amendment to this constitution, proposed under *C17.01., shall:

a.       Be approved at a legally  called Congregation meeting according to this constitution by a majority vote of those present and voting;

b.       Be ratified without change at the next annual meeting by a two-thirds majority vote of those present and voting; and

c.       Have the effective date included in the resolution and noted in the constitution.

*C17.03.            Any amendments to this constitution that result from the processes provided in *C17.01. and *C17.02. shall be sent by the secretary of this congregation to the synod. The amendment shall become effective within 120 days from the date of the receipt of the notice by the synod unless the synod informs this congregation that the amendment is in conflict with the constitution and bylaws of the Evangelical Lutheran Church in America, or the constitution of the South Central Synod of Wisconsin.

*C17.04.            Whenever the Model Constitution for Congregations is amended by the Churchwide Assembly, this constitution may be amended to incorporate any such amendment by a simple majority vote of those voting members present and voting at any subsequent meeting of the congregation without presentation at a prior meeting of the congregation, provided that the Congregation Council has submitted by mail notice to the congregation of such an amendment or amendments together with the council’s recommendations, at least 30 days prior to the meeting.  Following the adoption of an amendment, the secretary of the congregation shall submit a copy thereof to the synod. Such provisions shall become effective immediately following a vote of approval.

Chapter 18.

CONTINUING RESOLUTIONS 

Continuing resolutions interpret, implement, and expand upon provisions of the congregation’s constitution and bylaws.

*C18.01.            The Congregation Council may enact continuing resolutions. Such continuing resolutions may not conflict with the constitution or bylaws of this congregation.

*C18.02.            Continuing resolutions shall be enacted or amended by a two-thirds vote of all voting members of the Congregation Council.

Chapter 19.

INDEMNIFICATION

*C19.01. Consistent with the provisions of the laws under which this congregation is incorporated, this congregation may adopt provisions providing indemnification for each person who, by reason of the fact that such person is, or was, a Congregation Council member, officer, employee, agent, or other member of any committee of this congregation, was or is threatened to be made a party to any threatened, pending, or completed civil, criminal, administrative, arbitration, or investigative proceeding.