Preamble | |
ARTICLE I: | Name |
ARTICLE II: | Purposes |
ARTICLE III: | Confessional Standard |
ARTICLE IV: | Membership |
ARTICLE V: | Powers Vested in the Congregation |
ARTICLE VI: | Pastors and Teachers |
ARTICLE VII: | Synodical Connection |
ARTICLE VIII: | Church Council |
ARTICLE IX: | Meetings of the Congregation |
ARTICLE X: | Divine Service |
ARTICLE XI: | Removal from Office |
ARTICLE XII: | Property |
ARTICLE XIII: | Changes and additions to the Constitution |
Audit Commitee: | |
Nominating Commitee: | |
Financial Commitee: |
| Whereas the Word of God demands that a Christian congregation not only conform to the Word of God in doctrine and practice (Ps. 119:105; Gal. 1:6-8, II Tim. 4:15, Matt. 28:19-20) but also, that all things be done decently and in order (I Cor. 14-40); therefore, we, the members of Christ Lutheran Church of Desert Hot Springs, adopt this document as its Constitution and By-Laws, in accordance with which our congregational affairs, spiritual and material, shall be conducted. |
| The name of this congregation shall be: Christ Lutheran Church of Desert Hot Springs, California, 92240. |
| The purposes for which this corporation is formed, besides those stated in the Articles of Incorporation, are as follows: To serve its members and to spread the Kingdom of God in our community and in the World by the regular preaching and promulgation of the Word of God by the administration of the Sacraments, and by the religious instruction of youth and adults, according to the confessional standard of the Lutheran Church (of Article III); to maintain the office of Christian ministry in our midst for the spiritual benefit of our congregational membership and for our community; to contract with persons, firms and corporations and to be contracted with and to do all other acts necessary or expedient for the administration of the affairs and the attainment of the purpose for which this corporation is formed. |
| This congregation acknowledges and accepts all the canonical books of the Old and New Testaments as the revealed, inerrant Word of God, verbally inspired, and acknowledges and accepts all the confessional books of the Evangelical Lutheran Church contained in the Book of Concord for the year 1580, to be the true and genuine exposition of the doctrine of the Bible. These confessional writings are: The three Ecumenical Creeds, i.e., The Apostolic, The Nicene, and The Athanasian; the Unaltered Augsburg Confession; the Apology of the Augsburg Confession; the Smalcald Articles; Luther's Large Catechism, Luther's Small Catechism and the Formula of Concord. No doctrine shall be taught or tolerated in this congregation which is at variance with these confessions. According to them, all doctrinal controversies which may arise shall be decided and adjudicated. |
1. | All are eligible to become members and to participate in all of the rights of members who: |
| a. | Are baptized; | |
| b. | Acknowledge all the canonical books of the Old and New Testaments as the only divine rule and standard of faith and life; | |
| c. | Though deficient in knowledge of the collective symbolic books before named, at least know and acknowledge Luther's Small Catechism; | |
| d. | Submit to the church regulations which have been established, or which shall be established by this congregation, provided they are not contrary to the Word of God, and who permit themselves to be admonished in brotherly love and corrected when they have erred. (Matt. 18:15-20); | |
| e. | Do not live in manifest works of the flesh (Gal. 5:19-21), but maintain a Christian deportment; | |
| f. | After proper instruction do not remain a member of any organization which conducts religious services opposed to our doctrine (Rom. 16:17-18), especially a secret, oath-bound society which ignores Christ as Savior of the World (II Cor. 6:14-18). |
2. | Every member is in duty bound: |
| a. | To attend divine services; | |
| b. | To partake of the Lord's Supper frequently; | |
| c. | To encourage others to join us in supporting the agencies provided by the congregation for the education of the youth; | |
| d. | To contribute financially according to the ability the Lord has given him/her toward the support and maintenance of the Church and of the ministry; | |
| e. | When necessary, to extend aid to the poor and needy members; | |
| f. | If a voting member, to attend the business meetings of the congregation. |
3. | The right of suffrage shall belong to all church members who have arrived at the age of 21 and who have subscribed to these church offices (see exceptions for female voting members in the By-Laws, Section 1, paragraph 12) after having become voting members, unless they should be under church discipline. |
4. | Applicants for voting membership must make known their
intentions to the pastor or the Board of Elders in case of a vacancy,
who, having inquired about their confession of faith, shall propose
such applicant to the voting membership. If no valid objection is
raised, the applicant is to be received into the voting membership at
the meeting's conclusion by unanimous oral vote and must sign the
Constitution in the voters' meeting. In case a valid objection should
be raised, the applicant cannot be received as a member until such
objection has been removed. Those who make application for membership and present a release from a sister congregation, or who apply after a profession of faith, shall be received at the same meeting in which their release is presented, or in the meeting immediately following their profession of faith. The names of non-voting members shall be recorded in the congregational register. |
5. | Members who conduct themselves in an unChristian manner shall
be admonished according to Matt. 18:15-20. If they refuse to amend
their sinful life after proper admonition, they shall be
excommunicated. If the member refuses to attend the Voters' Assembly
meeting to discuss their case, they have thereby excluded themselves.
A unanimous vote shall be required for every resolution by the
Voters' Assembly for excommunication or self-exclusion.
Excommunication or self-exclusion terminates membership. When the circumstances that have led to excommunication or self-exclusion have been removed and the individual desires reinstatement, the Board of Elders shall recommend reinstatement to the Voters' Assembly for its joyous action. |
6. | A person whose communicant membership has been terminated has forfeited all rights of a member of this congregation and all claims upon the property of the congregation as such, or upon any part thereof, so long as they are not reinstated into membership. |
7. | A voting member who is absent from the meetings of the Voters' Assembly for a full year without offering valid excuse shall have their name removed from the roster of voting members; however, they may be reinstated by reapplying for voting membership. |
8. | A voting member may require inactive status when unable to attend meetings over an extended period of time. Such members shall be considered non-active and shall not be counted in determining a quorum. |
9. | Members who have moved away and thereby sever their connection with this congregation without obtaining a release or letter of transfer, and such removal appears to be permanent (and all efforts to contact them have been unsuccessful) may, after a period of one year, be removed from the list of membership by authorization of the Church Council. |
1. | The congregation as a body shall have the supreme power in the internal and external administration and management of its own ecclesiastical and congregational affairs. Whatever may have been ordered by individuals or minor bodies within the congregation under a power conferred by the congregation, shall be subject to revision and final decision by the congregation. Not even the congregation shall be empowered to order, enact, or decide anything contrary to the Word of God and the Lutheran Church, and in any such ordinance, enactment, or decision shall be null and void. |
2. | The right of choosing and calling a minister or teacher, and all other officers of this congregation shall always be vested in this congregation as a body, and never shall be delegated either to an individual or to a minor body in the congregation. The procedure to be followed shall be: In a properly called meeting of the entire congregation, names of candidates shall be submitted to the call chairman, who then shall send these names, together with a request for further names, to the District President. After these names have been disseminated to the membership, another meeting of the congregation shall be called. Then, notices of this call meeting shall be mailed and appear in the church bulletin two weeks in succession. When a unanimous ballot has been obtained for one candidate, a call will be made to receive the pastor-elect. The above procedure shall take place in the presence of and with the advice of the circuit counselor or his designate. This process may be waived should the congregation prefer to ask the District Office to supply them with a candidate. |
3. | The congregation, represented by the Voters' Assembly, shall have the power under its charter to sue and be sued, to buy, inherit, rent, receive lands, buildings and other valuables, and to mortgage properties for its use, as churches, schools, parsonages, etc. The congregation may sell properties over its seal and signature of the president and recording secretary at the direction of the Voters' Assembly, provided that there has been at least one week's prior notice of the impending sale or mortgage in the official church bulletin, by letter to the congregation, or by public announcement to the congregation at an official worship service or meeting. |
1. | The office of pastor or teacher in this congregation can be committed to such person only who agrees with Article III of this Constitution to which he is to bind himself in accepting the written call of the congregation, and who has received the education necessary for such office, and is willing to join the synod of which the congregation is or may become a member. |
2. | The pastor shall, by virtue of his office, exercise the spiritual supervision over all boards, committees, and organizations within the congregation. |
| This congregation shall belong to such synod only which is true in doctrine and practice to the Word of God and to the Lutheran Confessions named in Article III. |
1. | The Church Council shall consist of: Pastor, President, Vice President, Recording Secretary, Treasurer, Financial Secretary, Christian Education Chairperson, Elders and Trustees. |
2. | The office of President, Vice President and Elder shall be limited to the male voting members only. All other offices may be filled by any voting member, male or female. |
3. | There shall be at least two Elders and two Trustees.
(Their duties and responsibilities are in Section 1 of the By-Laws) |
1. | Regular Voters' Assembly meetings shall be held in May and October, and Church Council members' election and budget approval meeting in December. |
2. | A quorum shall be at least one more than the number of the official Church Council Members. (A majority vote shall be required for the adoption of any resolution, unless otherwise specified.) |
3. | Every Voters' Assembly shall be announced by word or in the bulletin at a Sunday service prior to the meeting. Whenever a meeting has been announced, and at least one-fourth of the voting members of the congregation, or a quorum, are in attendance, it shall be considered a properly convened and legal meeting capable of transacting business. However, for amending the Articles of Incorporation, the Constitution, the erection of buildings, the purchase, mortgage, or sale of property or the removal of a pastor or teacher or some other member from office, a quorum of one-third of the voting members is necessary, and a two-thirds vote shall be required for adoption of a resolution. |
4. | Upon request by the Elders, the Trustees, the Pastor or the President, and with the consent of at least two officers, special meetings may be called by announcement in public service and/or by mail, two weeks in advance, stating purpose, time, and place of meeting. |
5. | Robert's Rules of Order shall be followed on all questions of procedure not specifically outlined in the Constitution and these By- Laws. |
| In the public worship no hymns are to be used but such as are sound in doctrine, and in all official transactions none but pure Lutheran forms shall be used. |
| Pastors, instructors and all officers of the congregation may in Christian order, by ballot, be discharged from office. Determined adherence to erroneous doctrine, a scandalous life, wanton unfaithfulness in discharge of official duty, or protracted incapacity, shall be sufficient ground for the removal from office of a minister, teacher, or other officer of the congregation. |
| The congregation, represented by the Voters' Assembly, shall
have the right to acquire and own such property as is necessary for
the successful realization of its aims. Everything owned by the
congregation, whether movable or fixed, is the estate of the
congregation.
Members who sever their connection with the congregation, whether by transfer to another congregation or by moving away without leaving an address and for that reason finally having to be stricken from membership or by excommunication or by self-exclusion (for refusing to submit to Church Discipline) or otherwise, shall from the moment of separation forfeit all claims to all the property of the congregation. Excommunicated and self-excluded persons also lose all other rights and privileges of membership so long as they have not been properly reinstated. If at any time a separation on account of doctrine should take place in this congregation, which God may mercifully prevent, the property of the congregation and all the benefits connected therewith shall remain with those members who adhere to the confessional standards as set forth in Article III of this Constitution. The privilege and right of appeal, however, shall always be granted any dissenter or dissenters. The appeal shall first be placed before the District Committee on Appeals of which the congregation is a member and then, should this Committee fail in its efforts to arrive at an amicable solution, it shall be placed before the Synodical Committee on Appeals. The appeal shall be resolved in accordance with the Synodical dispute-resolution procedures. All physical property of this non-profit organization shall be at all times irrevocably dedicated to religious purposes. If at any time this congregation is dissolved (which may be done only after the matter has been publicly announced prior to and considered at three consecutive properly called meetings, and at least two-thirds of all voting members have, in each meeting, cast their vote in favor of dissolution) none of its assets shall inure to any individual, and upon the winding up and dissolution of this incorporation, after paying or adequately providing for the debts and obligations of the corporation, the remaining assets shall be distributed to the Pacific Southwest District of the Lutheran Church-Missouri Synod, a California corporation, organized and operated solely for religious purposes. If at such time the said Pacific Southwest District of the Lutheran Church-Missouri Synod, a California corporation, be not in existence and have no such successor, then such property shall go to the Lutheran Church-Missouri Synod, a Missouri Corporation, organized and operated solely for religious purposes, and be used by the last named corporation solely for religious purposes. |
| Changes and additions to this Constitution may be made, except for those clauses stated to be irrevocable which are Article III; Article IV, paragraphs 1 and 2; Article V, paragraph 1; and Article X, at an official meeting of the Voters' Assembly, provided that the changes have been sent to the voting members at least two weeks prior. Any changes shall be made by a two-thirds majority of the voters present. |
| 1. | President. |
| His duties shall be: |
| (a) | To preside at all meetings of the Voters' Assembly and of the Church Council. |
| (b) | To appoint an Auditing Committee in January. |
| (c) | To appoint a Nominating Committee and all standing and
special committees as authorized by the Voters' Assembly.
|
| (d) | To sign with the secretary all legal documents on behalf of
the congregation.
|
| (e) | To exercise care that the meetings are held in agreement with the Constitution and its By-laws and in an orderly manner according to Robert's Rules of Order and Christian principles. |
| 1. | Vice President. |
| His duties shall be to perform the duties of the President in his absence and to be the Chairman of the Finance Committee. In the event of a vacancy of the office of President, the Vice President shall succeed to the office of President for the remainder of the term. |
| 3. | Recording Secretary. |
| His/her duties shall be: |
| (a) |
to keep a
strict record of all resolutions and transactions of the congregation
and to submit to each meeting the minutes of the preceding meeting
for approval and promptly enter such minutes |
| (b) |
to see that members
accepted into membership with the Voters' Assembly promptly sign the
Constitution and By-laws in the book provided for that purpose and
receive a copy of said constitution and by-laws |
| (c) | to keep an up-to-date
list of all voting members and |
| (d) | to take care of such correspondence as the Voters' Assembly may direct. |
| 4. | Treasurer. |
| His/her duties shall be: |
| (a) |
to keep a record of
all monies received by the congregation and supervise the depositing
of such monies in the congregation's account |
| (b) | to submit a written
report of such monies received at each regular council meeting and
pay by check all bills authorized by the congregation |
| (c) |
to keep an
accurate record of all receipts and disbursements in books that shall
remain the property of the congregation |
| (d) |
to submit these books to
the Auditing Committee annually to compare the receipts and
disbursements with the Voters' Assembly approved budget |
| (e) |
to
report the results of the audit to the Council and Congregation and
|
| (f) | to be a member of the Financial Committee. |
| This office is to be bonded in the amount of One Hundred Thousand Dollars ($100,000.00). |
| 5. | Financial Secretary. |
| His/her duties shall be: |
| (a) |
To keep a
confidential record of the contributions of individual members
through their use of envelopes |
| (b) |
to report to each regular meeting
of the Church Council the amounts received and any special offerings
received |
| (c) | to mail individual contribution statements to all communicant members at least once annually, |
| (d) | to be a member of the Financial Committee |
| (e) | to receive all funds for deposit and deposit them in the congregation's checking account. |
| This office is to be bonded in the amount of One Hundred Thousand Dollars ($100,000.00). |
| 6. | Christian Education Chairperson. |
| His/her duties shall be: |
| (a) |
to supervise the Christian Education programs |
| (b) |
to see that
adequate and appropriate supplies are sustained |
| (c) |
to see that the
staff is properly trained |
| (d) |
to recruit new staff members, and |
| (e) | to be an example of Christian conduct and citizenship. |
| 7. | Board of Elders. |
| It shall be the duty of the Board of Elders |
| (a) | to watch over the doctrine, life, and administration of the Office of the Pastor(s) and teacher(s) to see that they are treated with due respect |
| (b) | to recruit new staff members, and to see that the congregation fulfills it's duties toward them regarding their physical needs |
| (c) | to recruit new staff members, and to assist the Pastor with counsel in difficult ministerial cases, and to further, to the best of their ability, the ministry of the Pastor. |
| (d) | to recruit new staff members, and to admonish negligent and delinquent members |
| (e) | to recruit new staff members, and to assist in maintaining order and discipline in the congregation, and |
| (f) | to recruit new staff members, and to elect a Head Elder to be spokesman. |
| 8. | Board of Trustees. |
| It shall be the duty of the Board of Trustees |
| (a) |
to care for the property of the congregation, to see
that it is kept in good repair and appearance and to recommend to the
congregation the need for certain repairs and improvements |
| (b) |
to
represent the congregation in all legal and business transactions in
which the congregation, as a property owner, may be required to act
upon or perform. However, the President and the Secretary must sign
all legal papers. |
| (c) |
to see that the estate of the congregation is
properly protected, by adequate insurance, against loss and damage,
|
| (d) |
to make a yearly inventory of all property of the congregation
and maintain a record of the location of all such properties |
| (e) |
to
see that property is not removed from the premises without the
authorization of the Chairperson of the Board of Trustees, or
appointee, and to be responsible for the prompt return of same in
good condition, and |
| (f) | to elect a chairperson. |
9. | The term of office for all members of the Church Council shall be two years. No officer of this congregation shall be permitted to serve more than two successive terms in the same office. |
10. | All members elected to the Church Council shall be members in good standing of the Voters' Assembly. |
11. | The term of office of the President, Treasurer, Elder(s), Trustee(s), Secretary and Christian Education Chairperson, shall end on December 31st in the odd numbered years. The term of office of the Vice President, Financial Secretary, Elder(s), Trustee(s), shall end on December 31st in even numbered years. |
12. | The offices of President, Vice President and Elders are limited to male voting members only. All other offices may be filled by any voting member, male or female. |
13. | The official Church Council shall meet on the second week of each month or at the discretion of the President, to transact business. |
14. | Should there be a vacancy in some church office before the term is expired, except for that of President, the Church Council shall have the right to appoint someone to fill the unexpired term. A majority vote of the council is required. |
15. |
Audit Committee. |
| It shall be the duty of the Audit Committee to audit the books and records of the Financial Secretary and Treasurer, and to report to the Church Council and Voters' Assembly. |
16. |
Nominating Committee. |
| It shall be the duty of the Nominating Committee to present a slate of nominees for the election of officers to the Annual Voters' Assembly meeting. |
| 8. | Financial Committee. |
| It shall be the duty of the Financial Committee: |
| (a) |
to annually go over the previous year's budget and
create a new budget to present to the Church Council for approval to
be presented to the Annual Voters' Assembly |
| (b) |
to give serious
consideration to the Board of Elders who will represent the Pastor in
regard to his physical needs |
| (c) |
to meet quarterly during the year
to evaluate progress of the budget and financial position of the
congregation and to make recommendations to the Church Council and
Voters' Assembly as necessary.
|
| (d) |
The Committee is comprised of Head Elder, Treasurer and
Financial Secretary. |
18. | The Church Council may, at its discretion, elect three winter visitors as Members at Large to the Council with full voting rights to serve in that capacity until they depart the area to reside in their home locales or one year from the date of election, whichever occurs first, provided that candidates for such position can attest to the Board of Elders that they are confirmed and active members of another Lutheran Congregation and are approved by the Pastor. |
19. | The order of business for the Church Council Meetings: |
| (1) | Opening prayer |
| (2) | Reading of minutes of previous meeting |
| (3) | Treasurer's report |
| (4) | Financial Secretary's report |
| (5) | Pastor's report |
| (6) | Elders' report |
| (7) | Financial Committee Chairman quarterly report |
| (8) | Christian Education Chairperson's report |
| (9) | Trustees' report |
| (10) | Committee reports |
| (11) | Unfinished Business |
| (12) | New Business |
| (13) | Discussion of any matter of spiritual interest to the members |
| (14) | Adjournment with Prayer |
| Changes and additions to these By-Laws may be made at an official Voters' Assembly meeting of the congregation, provided that the changes have been submitted at a previous Voters' Assembly or have been submitted in writing to the voters not less than two weeks before the called meeting at which changes will be acted upon. Any changes to the By-Laws may be made by a majority vote. |