Grace Lutheran Church
Review Guide for Proposed Constitutional Revisions - (November 3, 2016)
BACKGROUND
1.
All congregations of the Evangelical Lutheran Church in America (ELCA) are required to have
constitutions that are in compliance with guidelines set by the ELCA. To that end, the ELCA has
provided a model constitution for congregations. Within that model constitution, there are
certain required elements. Those items that must be included without alteration are indicated
by an asterisk *. The model also provides flexibility in other area so congregations can
implement organizational structures that best meet the ministry needs and goals of the
congregation. The draft document before you is based on the ELCA Model Constitution for
Congregations.
2.
There are three levels of governance:
- Constitution
- Bylaws
- Continuing Resolutions
The Constitution defines the bedrock or foundational principles of the congregation. It should
be as flexible as possible, and contain as much as is legally necessary. Any changes to
the constitution are by amendment and require two congregational votes: the first to
approve the amendment and then, one year later, a vote to ratify the amendment. Only
after that second vote is the amendment in effect.
The Bylaws define the working organizational structures of the congregation. Bylaws need to be
more flexible in order to respond to the changing ministry needs, opportunities, and
goals. Bylaws require a congregational vote to change. Those changes go into effect
immediately after a vote to approve.
Continuing Resolutions are the operational guidelines. Continuing resolutions contain the
operating policies, job descriptions, mission statements, and other guidelines for the
day to day operating procedures for the congregation and its ministry organizations.
Continuing resolution are the most flexible and can be changed by majority vote of the
congregation or at any meeting of the PPC/Council by a 2/3 majority vote.
This document for review contains only the Constitution portion.
THE DOCUMENT
PREAMBLE is required as is.
1.
Chapter 1. NAME AND INCORPORATION
C1.01. Here the congregation is named: Grace Lutheran Church of Duluth, Minnesota.
C1.02. Here the full legal name under which the congregation was incorporated must
be included. The full legal name of the congregation is: Grace Lutheran Church
of Duluth, Minnesota. (not Hermantown)
2.
Chapter 2. CONFESSION OF FAITH - required as is without alteration
3.
Chapter 3. NATURE OF THE CHURCH - is required as is without alteration
4.
Chapter 4. STATEMENT OF PURPOSE
*C4.04. - is required, but it is permissible to add items for clarity.
Here the Congregation Council is first mentioned. At Grace it has been called the
Parish Planning Council (PPC) but the recommendation is to use the ELCA
guideline terminology - Congregation Council - so that Grace's constitution is
consistent with all other ELCA governance documents. If the congregation
chooses to refer to it by any other name, that can be designated in the Bylaws
or Continuing Resolutions. Also, it is proposed to add Board, and Team to the
list of organizational structures for clarity in the context of Grace's ministry.
5.
Chapter 5. POWERS OF THE CONGREGATION
*C5.03. i.- is required but can be modified per congregation to designate who or what
positions are elected - giving them the legal authority to make or carry out the
decisions of the congregation.
C5.05. - while not required, it is included since Grace has an Endowment Fund.
6.
Chapter 6. CHURCH AFFILIATION - is required as is without alteration.
7.
Chapter 7. PROPERTY OWNERSHIP - is required as is without alteration.
8.
Chapter 8. MEMBERSHIP - is required
*C8.02. c.
Voting members - this category is defined by the ELCA so that all ELCA
congregations make legally binding decisions according to a standard
practice.
d.
Associate members - here congregations are given the choice of
[Lutheran] or [Christian]. The recommendation for Grace is Christian.
9.
Chapter 9. THE PASTOR - is required as is without alteration.
*C9.01. – The congregation is given the choice of having the Call Committee elected by
[this congregation] or [the Congregation Council]. The recommendation is to
retain election by the Congregation Council consistent with Grace’s old
constitution.
10.
Chapter 10. CONGREGATION MEETING – wording is not mandated
C10.01. – recommendation is to constitutionally mandate only an annual meeting –
other regularly scheduled meetings of the congregation can be specified in the
bylaws or continuing resolutions if desired – this gives the greatest flexibility for
changing situations and needs
C10.02. – wording here is designed to be consistent with C11.01.
- need to determine how many voting members are required to call a special
meeting of the congregation
C10.04. – need to designate quorum by # or % of voting members. Recommendation is
to make it a percentage of voting membership so it can account for growth or
decline in membership.
C10.05. – because of the nature of congregation meeting, voting by proxy or absentee
ballot is not recommended
11.
Chapter 11. OFFICERS – wording is not mandated
C11.01. – the titles of officers reflects Grace’s structure, and keeps the language
consistent throughout the constitution
C11.02. – term of office needs to be specified – the -OR- (option) is the one that
Grace currently operates under – Need for further discussion.
C11.03. – number of consecutive terms allowed needs to be specified
12.
Chapter 12. CONGREGATION COUNCIL – wording is not mandated
C12.01. – DISCUSSION – wording needs work
C12.02. – keeps term length and number of consecutive terms consistent with officers.
The OR- (option) is the one that Grace currently operates under – Need for
further discussion.
C12.05. –
a.
decide if council members are [trustees] or [directors]. The
recommendation is to call them “trustees” as a reminder that
they are entrusted with leadership of the congregation
c.
contracts of up to $
for items not included in the
budget.
d.
a [$] amount or [percentage] of anticipated income needs to be
identified here. The recommendation is a percentage: 5%
C12.13. – note that council can conduct business electronically.
13.
Chapter 13. CONGREGATION COMMITTEES – wording and number of committees is not
mandated, however, it must be consistent with other parts of the constitution
C13.02. & C13.03. – ELCA Model wording is that the Nominating and Audit committee
members be elected by the congregation
C13.04. – is reserved for a Mutual Ministry committee; many congregations have not
included a Mutual Ministry committee
C13.05. – the congregation elects the Call Committee consistent with provision *C9.01.
14.
Chapter 14. ORGANIZATIONS WITHIN THE CONGREGATION – wording is not mandated
The draft keeps the recommended wording of the Model Constitution
15.
Chapter 15. DISCIPLINE OF MEMBERS AND ADJUDICATION – required as is without alteration
*C15.01. – designating an officer or officers of the congregation to act is a permissible
change
16.
Chapter 16. BYLAWS – required as is without alteration
17.
Chapter 17. AMENDMENTS – required as is without alteration
*C17.01. & *C17.04. - congregation decides how many voting members are required to
bring an amendment forward. The recommendation is to make it the same
number as needed to call a special congregation meeting.
18.
Chapter 18. CONTINUING RESOLUTIONS – required as is without alteration
19.
Chapter 19. INDEMNIFICATION – required as is without alteration
20.
Chapter 20. PARISH AUTHORIZATION – not required in Grace’s current situation
Required when congregation is part of a parish
The recommendation is to keep it in the constitution so that if at a future date Grace
enters into a parish relationship with another congregation, the constitution does not
need to be amended.