Constitution, Bylaws, and Continuing Resolutions of
Shepherd of the Valley Lutheran Church
A Congregation of the Evangelical Lutheran Church in America®
Ratified January 2023
The Model Constitution for Congregations of the Evangelical Lutheran Church in America, like the other governing documents of this church, reflects the theology and polity of this church as it organizes itself to preach the gospel of Jesus Christ, share the sacraments, reach out to the neighbor with good news and share the love of God in the world. Each expression of this church — churchwide, synod, and congregation — is held together in a relationship of interdependence that encourages each to respond to its context. These documents also demonstrate our commitment to seeing ourselves with others as part of the one, holy, catholic, and apostolic Church. As such, the Model Constitution for Congregations is deeply rooted in Scripture, the Lutheran Confessions, and the history of this church and its predecessors.
The Model Constitution for Congregations was adopted by the Constituting Convention of the Evangelical Lutheran Church in America, as required by the Constitutions, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. This current edition of the Model Constitution for Congregations of the Evangelical Lutheran Church in America contains changes adopted by all churchwide assemblies, including the fifteenth Churchwide Assembly in 2019. It is consistent with the requirements of the governing documents of the ELCA’s churchwide organization and synods, and it provides organizational flexibility to recognize the context of local congregations.
➤ Required provisions:
Sections of this constitution marked by an asterisk [*] are required when a congregation amends its governing documents.
These sections must be used without alteration or amendment of the text in any manner (i.e., neither additions nor deletions are permissible).
This requirement is based on provision 9.52.
(Footnote:
From the ELCA Churchwide Constitution:
9.52.
The governing documents of congregations recognized at the establishment of this church shall continue to govern such congregations.
When such a congregation wishes to amend any provision of its governing documents, the governing documents of that congregation shall be so amended to conform to 9.25.b.
The synod responsible for the review of such amendments may permit, for good cause, a congregation to retain particular unamended provisions in the congregation’s governing documents that were in force at the establishment of this church.
)
in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America.
This provision requires that when a congregation of this church “wishes to amend any provision of its governing documents, the governing documents of that congregation shall be so amended to conform to 9.25.b.”
(Footnote:
From the ELCA Churchwide Constitution:
9.25.
[A congregation newly formed by this church and any congregation seeking recognition and reception by this church shall: ]
b.
Adopt governing documents that include fully and without alterations the Preamble, Chapter 1, where applicable, and all required provisions of Chapters 2, 3, 4, 5, 6, 7, 8, 9, 15, 16, 17, 18, and 19 in the Model Constitution for Congregations consistent with requirements of this constitution and the Constitution for Synods of this church.
Bylaws and continuing resolutions, appropriate for inclusion in these chapters and not in conflict with these required provisions in the Model Constitution for Congregations, the constitution of the synod, or the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America, may be adopted as described in Chapters 17 and 18 of the Model Constitution for Congregations.
)
in the churchwide constitution.
Provisions in the Model Constitution for Congregations identified by an asterisk [*] are those required under ELCA constitutional provision 9.25.b.
➤ Review by synod:
Each congregation of this church is to provide a copy of its governing documents, and any amendments thereto, to its synod.
In accordance with ELCA bylaw 9.53.03.,
(Footnote:
From the ELCA Churchwide Constitution:
9.53.03.
Each congregation shall provide a copy of its governing documents to the synod.
All proposed changes in the constitution or incorporation documents of a congregation shall be referred to the synod with which the congregation is affiliated.
The synod shall notify the congregation of its decision to approve or disapprove the proposed changes; the changes shall go into effect upon notification that the synod has approved them.
The synod shall recognize that congregations may organize themselves in a manner which they deem most appropriate.
)
amendments to a congregation constitution become effective only when approved by the synod.
No governing document amendment will be approved by a synod if it conflicts with the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. In order to meet constitutional requirements and to avoid potential problems, all proposed amendments to a congregation’s constitutional provisions, bylaws, and continuing resolutions should be submitted to the synod for review.
➤ Amendment consistent with the Model Constitution for Congregations: A congregation that amends its constitution to be in conformity with the Model Constitution for Congregations will report these changes to its synod. The amendments become effective upon adoption by the congregation, *C16.04. While synod approval is not required, it is wise to work with the synod in preparing to present these amendments to the congregational meeting.
Changes made since the previous version of this document are as follows:
a.
Amendments to bring this document in conformity with the Model Constitution for Congregations appear like this.
b.
Amendments to the document that originate at Shepherd of the Valley Lutheran Church appear like this.
c.
Text that will be removed to bring this document in conformity with the Model Constitution for Congregations appears like this.
d.
Text that will be removed that originates at Shepherd of the Valley Lutheran Church appears like this.
e.
Text that has been adopted but has yet to be ratified appears like this.
➤ Codification explanation: The Model Constitution for Congregations is organized into chapters by general subject matter and codified as (a) constitutional provisions, (b) bylaws, and (c) continuing resolutions. Each provision is preceded by a capital “C.” If a constitutional provision is mandatory, it will be preceded by an asterisk, “*C.”
a.
Constitutional provisions are codified with two sets of numbers, preceded by a “C”: the chapter number, followed by a period, and a two-digit number. A period follows the two-digit number. Thus, one required constitutional provision related to “Membership” in Chapter 8 is codified as “*C8.02.” A provision in Chapter 12 relating to a report by the Congregation Council to the congregation at an annual meeting is codified as “C12.09.” Constitutional provisions are adopted and amended in accordance with Chapter 16 titled “Amendments.”
Constitutional provisions are in the Noto Sans typeface.
b.
Bylaw provisions follow constitutional provisions to which they apply. They are not intended to be organized in a separate document at the end of the constitutional provisions. Bylaws are codified with three sets of numbers: the chapter number (preceded by a “C”), the related constitutional provision number, and a two-digit number. There are periods after the chapter number, after the reference to the constitutional provision, and after the bylaw number. Thus, a bylaw provision related to “Membership” would be codified as “C8.03.01.” A bylaw relating to annual reviews of the membership roster by the Congregation Council is codified as “C12.07.01.” Because bylaws and continuing resolutions normally relate to specific practices and details of each congregation’s organization, operation, and life, there is not a model set of bylaws or continuing resolutions. Thus, each congregation has discretion and may develop its own bylaws and continuing resolutions, including bylaws and continuing resolutions under required constitutional provisions, but no such bylaw or continuing resolution may conflict with constitutional provisions in the Model Constitution for Congregations, the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America, or the constitution of the synod, as indicated in *C06.03.e. Bylaws are adopted and amended in accordance with Chapters 16 and 17.
Bylaw provisions are in the IBM Plex Sans typeface
c.
Continuing resolutions are intended to provide descriptions of operational patterns and practices or of the ongoing responsibilities of committees or other units within the organizational structure of the congregation. They follow the relevant constitutional provision or bylaw to which they refer. Continuing resolutions also are codified with three sets of numbers, except that the third set is preceded by a capital letter. Thus, a continuing resolution describing congregational committees in Chapter 13 might be numbered “C13.07.A19.” The initial numbers “C13.07” indicate that the continuing resolution relates to the designated constitutional provision, which in this case provides that the duties of congregational committees may be specified in bylaws or continuing resolutions. The final letter and numbers “A19” designate that this is the first continuing resolution “A” and the year that it was adopted, in this example 2019. Continuing resolutions are adopted and amended in accordance with Chapter 18. Unlike constitutional provisions and bylaws which are adopted by the congregation at a legally called and conducted meeting, continuing resolutions may be adopted either by a congregational meeting or by the Congregation Council.
Continuing resolutions are in the Source Sans Pro typeface with the coding in italic.
➤ Missing numbers: You will notice that certain numbers are missing from the numbering sequence in some chapters. These omissions are intentional. For example, in some chapters the number “.10.” and multiples thereof have been reserved for possible use as section headings in future editions.
➤ Selection of options: Alternatives are provided in some places within the Model Constitution for Congregations. Alternatives are noted by brackets or blank lines. For example, constitutional provision *C9.01. offers the alternative of election of a call committee by the congregation or by the Congregation Council. Only one alternative should be chosen in each instance where brackets appear in the text. In other provisions, alternative provisions are provided. Thus, in Chapters 11 and 12, regarding “Officers” and “Congregation Council,” options are provided separated by the word “or.” Each congregation should select one of those options, subject to approval through the synod’s constitutional review process. Where a blank line appears, such as in *C1.01. or C10.02., the appropriate word, phrase, or number determined by the individual congregation should be inserted.
➤ References to church: In the governing documents, “Church” with a capital letter refers to the one, holy, catholic, and apostolic Church. The words “church” or “this church” in lowercase letters refer to the Evangelical Lutheran Church in America. The specific congregation may be identified, as provided in *C1.02., as “this congregation.”
➤ Guidelines: A list of guidelines for a congregation engaging in review and amendment of its constitution is available through each synod office and at ELCA.org.
➤ Consultation and concluding comments: Each synod has a process to review proposed amendments to congregational constitutions. The work of both congregations in amending their governing documents and the synod in reviewing proposed amendments is facilitated by consultation and cooperation before proposed amendments are acted upon by the congregation. In addition, each congregation should establish a process for periodic review of its governing documents. You are encouraged to contact your synod office to assist your congregation in its periodic review of governing document provisions and to assess whether problems may exist with respect to proposed amendments.
The important task of amending a constitution is challenging. It is, however, an essential endeavor that merits thoughtful work. In addressing your constitutional responsibilities, may God grant you and your colleagues wisdom, discernment, and commitment to the unity of this church in faithful witness to our Lord and Savior, Jesus Christ.
Secretary Wm Chris Boerger
Evangelical Lutheran Church in America
August 10, 2019
Constitution, Bylaws, and Continuing Resolutions of
Shepherd of the Valley Lutheran Church
* 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.
Chapter 1. Name and Incorporation
The name of this congregation shall be Shepherd of the Valley Lutheran Church of Canoga Park.
For the purpose of this constitution and the accompanying bylaws, the congregation of Shepherd of the Valley Lutheran Church of Canoga Park is hereinafter designated as “this congregation.”
This congregation shall be incorporated under the laws of the State of California.
Chapter 2. Confession of Faith
This congregation confesses the Triune God, Father, Son, and Holy Spirit.
This congregation confesses Jesus Christ as Lord and Savior and the Gospel as the power of God for the salvation of all who believe:
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.
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.
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.
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.
This congregation accepts the Apostles’, Nicene, and Athanasian Creeds as true declarations of the faith of this congregation.
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.
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.
This congregation confesses the Gospel, recorded in the Holy Scripture 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
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.
This church confesses the one, holy, catholic, and apostolic Church and is resolved to serve Christian unity throughout the world.
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.
This church, inspired and led by the Holy Spirit, participates in The Lutheran World Federation as a global communion of churches, engaging in faithful witness to the gospel of Jesus Christ and in service for the sake of God’s mission in the world.
The name Evangelical Lutheran Church in America (ELCA or “this church”) as used herein refers in general references to this whole church, including its three expressions: congregations, synods, and the churchwide organization. The name Evangelical Lutheran Church in America is also the name of the corporation of the churchwide organization to which specific references may be made herein.
Chapter 4. Statement of Purpose
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.
To participate in God’s mission, this congregation as a part of the Church shall:
Worship God in proclamation of the Word and administration of the sacraments and through lives of prayer, praise, thanksgiving, witness, and service.
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.
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.
Serve in response to God’s love to meet human needs, caring for the sick and the aged, advocating dignity, justice, and equity for all people, working for peace and reconciliation among the nations, caring for the marginalized, embracing and welcoming racially and ethnically diverse populations, and standing in solidarity with the poor and oppressed, and committing its self to their needs.
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.
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.
To fulfill these purposes, this congregation shall:
Provide services of worship at which the Word of God is preached and the sacraments are administered.
Provide pastoral care and assist all members to participate in this ministry.
Challenge, equip, and support all members in carrying out their calling in their daily lives and in their congregation.
Teach the Word of God.
Witness to the reconciling Word of God in Christ, reaching out to all people.
Respond to human need, work for justice and peace, care for the sick and the suffering, and participate responsibly in society.
Motivate its members to provide financial support for this congregation’s ministry and the ministry of the other expressions of the Evangelical Lutheran Church in America.
Foster and participate in interdependent relationships with other congregations, the synod, and the churchwide organization of the Evangelical Lutheran Church in America.
Foster and participate in ecumenical relationships consistent with churchwide policy.
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 descriptions shall be contained in continuing resolutions in the section on the Congregation Committees.
This congregation shall, from time to time, adopt and periodically review a mission statement which will provide specific direction for its programs.
The Welcome Statement of this congregation shall be:
We welcome everyone.
We welcome you because you are a child of God. Whether you are a believer, a doubter or seeker; no matter what you are, where you’re from or what you’ve done, God’s love shines on all of us, without exception.
We invite you to a community that welcomes anyone and everyone. You are welcome regardless of race, color, ethnicity or cultural background, ancestry, national origin, age, gender identity or expression, sexual orientation, relationship status, education, economic circumstances, legal status or political perspectives.
In keeping with this commitment, we are a congregation dedicated to equity, antiracism and the just and inclusive reign of God.
Our doors are open to you.
References herein to the nature of the relationship between the three expressions of this church—congregations, synods, and the churchwide organization—as being interdependent or as being in a partnership relationship describe the mutual responsibility of these expressions in God’s mission and the fulfillment of the purposes of this church as described in this chapter, and do not imply or describe the creation of partnerships, co–ventures, agencies, or other legal relationships recognized in civil law.
Chapter 5. Powers of the Congregation
The powers of this congregation are those necessary to fulfill its purpose.
The powers of this congregation are vested in the Congregation Meeting called and conducted as provided in this constitution and bylaws.
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 this congregation. This congregation is authorized to:
call a pastor as provided in Chapter 9;
terminate the call of a pastor as provided in Chapter 9;
call a minister of Word and Service;
terminate the call of a minister of Word and Service in conformity with the constitution of the Evangelical Lutheran Church in America;
adopt amendments to the constitution, as provided in Chapter 16, amendments to the bylaws, as specified in Chapter 17, and continuing resolutions, as provided in Chapter 18;
approve the annual budget;
acquire real and personal property by gift, devise, purchase, or other lawful means;
hold title to and use its property for any and all activities consistent with its purpose;
sell, mortgage, lease, transfer, or otherwise dispose of its property by any lawful means;
elect its officers and Congregation Council and require them to carry out their duties in accordance with the constitution, bylaws and continuing resolutions; and
terminate its relationship with the Evangelical Lutheran Church in America as provided in Chapter 6.
This congregation shall elect 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 this congregation and other qualifications shall be as prescribed in guidelines established by the Southwest California Synod of the Evangelical Lutheran Church in America.
Chapter 6. Church Affiliation
This congregation shall be an interdependent part of the Evangelical Lutheran Church in America or its successor, and of the Southwest California Synod of the Evangelical Lutheran Church in America. This congregation is subject to the discipline of the Evangelical Lutheran Church in America.
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.
This congregation acknowledges its relationship with the Evangelical Lutheran Church in America in which:
This congregation agrees to be responsible for its life as a Christian community.
This congregation pledges its financial support and participation in the life and mission of the Evangelical Lutheran Church in America.
This congregation agrees to call pastoral leadership from the roster of Ministers of Word and Sacrament 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. These special circumstances are limited either to calling a candidate approved for the roster of Ministers of Word and Sacrament of the Evangelical Lutheran Church in America or to contracting for pastoral services with a minister of Word and Sacrament of a church body with which the Evangelical Lutheran Church in America officially has established a relationship of full communion.
This congregation agrees to consider ministers of Word and Service for call to other staff positions in this 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 or with the constitution of the synod.
Affiliation with the Evangelical Lutheran Church in America is terminated as follows:
This congregation takes action to dissolve.
This congregation ceases to exist.
This congregation is removed from membership in the Evangelical Lutheran Church in America according to the procedures for discipline of the Evangelical Lutheran in America or in accordance with provision 9.23.
(Footnote:
From the ELCA Churchwide Constitution:
9.23.
In accord with constitutional provision 9.21.d. and bylaw 9.21.01. and without invoking the provisions of Chapter 20, a congregation that maintains as its pastor a minister of Word and Sacrament who has resigned or been removed from this church’s roster of Ministers of Word and Sacrament or that calls as its pastor one who has not been approved for the roster of Ministers of Word and Sacrament may be removed from the roster of congregations of this church by the Synod Council upon recommendation of the synod bishop.
9.21.
[This church shall recognize, receive, and maintain on the roster those congregations which by their practice as well as their governing documents: ]
d.
agree to call pastoral leadership from the roster of Ministers of Word and Sacrament of this church in accordance with the call procedures of this church, except in special circumstances as defined in the bylaws accompanying this provision, and with the approval of the synod bishop;
9.21.01.
Approval of the synod bishop, as required in 9.21.d., involves the bishop’s attesting that a candidate for the roster of Ministers of Word and Sacrament of this church has been approved, in conformity with the governing documents and policies of this church, through the synod candidacy process for first call as a seminary graduate or for call in this church through approval for reception into this church from another Lutheran church body or another Christian church body.
Consultation with the synod bishop in accordance with the call procedures and governing documents of this church and the synod is required for the calling of pastoral leadership from among persons on the roster of Ministers of Word and Sacrament of this church or persons who are approved as eligible candidates for the roster of Ministers of Word and Sacrament of this church.
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of the constitution and bylaws of the Evangelical Lutheran Church in America.
The Southwest California Synod takes charge and control of the property of this congregation to hold, manage, and convey the same on behalf of the synod pursuant to †S13.24.
(Footnote:
From the Southwest California Synod Constitution:
†S13.24.
If any congregation of this synod has disbanded, or if the members of a congregation agree that it is no longer possible for it to function as such, or if it is the opinion of the Synod Council that the membership of a congregation has become so scattered or so diminished in numbers as to make it impractical for such a congregation to fulfill the purposes for which it was organized or that it is necessary for this synod to protect the congregation’s property from waste and deterioration, the Synod Council, itself or through trustees appointed by it, may take charge and control of the property of the congregation to hold, manage, and convey the same on behalf of this synod.
The congregation shall have the right to appeal the decision to the Synod Assembly.
)
of the synod constitution.
This congregation shall have the right to appeal the decision to the next Synod Assembly.
This congregation follows the procedures outlined in *C06.05.
This congregation may terminate its relationship with the Evangelical Lutheran Church in America by the following procedure:
A resolution indicating the intent to terminate its relationship must be adopted at two legally called and conducted special meetings of this congregation by a two–thirds vote of the voting members present. The first such meeting may be held no sooner than 30 days after written notice of the meeting is received by the bishop of the synod, during which time this congregation shall consult with the bishop and the bishop’s designees, if any. The times and manner of the consultation shall be determined by the bishop in consultation with the Congregation Council. Unless the bishop and/or the bishop’s designees are voting member of this congregation, they shall have voice but not vote at the first meeting.
Within 10 days after the resolution has been voted upon at the first meeting, the secretary of this congregation shall submit a copy of the resolution to the synodical bishop, attesting that the special meeting was legally called and conducted and certifying the outcome of the vote, and shall send copies of the resolution and certification to voting members of this congregation.
If the resolution was adopted by a two–thirds vote of the voting members present at the first meeting, the bishop of the synod and this congregation shall continue in consultation, as specified in paragraph a. above, during a period of at least 90 days after receipt by the bishop of the attestation and certification as specified in paragraph b. above.
If this congregation, after such consultation, is still considering termination of its relationship with this church, such action may be taken at a legally called and conducted special meeting by a two–thirds vote of the voting membership present. Notice of the second meeting shall be sent to all voting members and to the bishop at least 10 days in advance of the meeting. Unless the bishop and/or the bishop’s designees are voting member of this congregation, they shall have voice but not vote at the second meeting.
Within 10 days after the resolution has been voted upon, the secretary of this congregation shall submit a copy of the resolution to the bishop, attesting that the second special meeting was legally called and conducted and certifying the outcome of the vote, and shall send copies of the resolution and certification to the voting members of the congregation. If the resolution was adopted by a two–thirds vote of the voting members present at the second meeting, the relationship between the congregation and this church shall be terminated subject to Synod Council approval as required by paragraphs f. and g. below.
Unless this notification to the bishop also certifies that this congregation has voted to affiliate with another Lutheran denomination, this congregation shall be deemed an independent or non–Lutheran church, in which case *C07.04. shall apply.
This congregation shall abide by these covenants by and among the three expressions of this church:
Congregations seeking to terminate their relationship with this church which fail or refuse to comply with each of the foregoing provisions in *C06.05. shall be required to receive Synod Council approval before terminating their membership in this church.
Congregations which had been members of the Lutheran Church in America shall be required, in addition to complying with the foregoing provisions in *C06.05., to receive synod approval before terminating their membership in this church. (Footnote: This provision does not apply, as Shepherd of the Valley was not a member of the Lutheran Church in America. Its predecessor body was the American Lutheran Church (ALC). )
Congregations established by the Evangelical Lutheran Church in America shall be required, in addition to complying with the foregoing provisions in *C06.05., to satisfy all financial obligations to this church and receive Synod Council approval before terminating their membership in this church. (Footnote: This provision does not apply, as Shepherd of the Valley was founded by the Evangelical Lutheran Church (ELC). )
If this congregation fails to achieve the required two–thirds vote of voting members present at this congregation’s first meeting as specified in paragraph a. above or fails to achieve the required two–thirds vote of voting members present at this congregation’s second meeting as specified in paragraph d. above, another attempt to consider termination of relationship with this church must follow all requirements of *C06.05. and may begin no sooner than six months after the meeting at which the two–thirds vote was not achieved.
If this congregation is considering relocation, it shall confer with the bishop of the synod in which it is territorially located and the appropriate unit of the churchwide organization, before any steps are taken leading to such action. The approval of the Synod Council shall be received before any such action is taken.
If this congregation considers developing an additional site to be used regularly for worship, it shall confer with the bishop of the synod in which it is territorially located and the appropriate unit of the churchwide organization, before any steps are taken leading to such action.
Chapter 7. Property Ownership
If this congregation ceases to exist, title to undisposed property shall pass to the Southwest California Synod of the Evangelical Lutheran Church in America.
If this congregation is removed from membership in the Evangelical Lutheran Church in America according to its procedure for discipline or pursuant to 9.23.
(Footnote:
From the ELCA Churchwide Constitution:
9.23.
In accord with constitutional provision 9.21.d. and bylaw 9.21.01. and without invoking the provisions of Chapter 20, a congregation that maintains as its pastor a minister of Word and Sacrament who has resigned or been removed from this church’s roster of Ministers of Word and Sacrament or that calls as its pastor one who has not been approved for the roster of Ministers of Word and Sacrament may be removed from the roster of congregations of this church by the Synod Council upon recommendation of the synod bishop.
9.21.
[This church shall recognize, receive, and maintain on the roster those congregations which by their practice as well as their governing documents: ]
d.
agree to call pastoral leadership from the roster of Ministers of Word and Sacrament of this church in accordance with the call procedures of this church, except in special circumstances as defined in the bylaws accompanying this provision, and with the approval of the synod bishop;
9.21.01.
Approval of the synod bishop, as required in 9.21.d., involves the bishop’s attesting that a candidate for the roster of Ministers of Word and Sacrament of this church has been approved, in conformity with the governing documents and policies of this church, through the synod candidacy process for first call as a seminary graduate or for call in this church through approval for reception into this church from another Lutheran church body or another Christian church body.
Consultation with the synod bishop in accordance with the call procedures and governing documents of this church and the synod is required for the calling of pastoral leadership from among persons on the roster of Ministers of Word and Sacrament of this church or persons who are approved as eligible candidates for the roster of Ministers of Word and Sacrament of this church.
)
of the constitution and bylaws of the Evangelical Lutheran Church in America, title to property shall continue to reside in this congregation.
If two–thirds 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, provided the process for termination of relationship in *C06.05. has been followed. Before this congregation takes action to transfer to another Lutheran church body, it shall consult with representatives of the Southwest California Synod.
If two–thirds of the voting members of this congregation present at a legally and conducted special meeting of this congregation vote to become independent or relate to a non–Lutheran church body and have followed the process for termination of relationship in *C06.05., 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 the congregation. If the Synod Council fails to give such approval, title shall remain with those members who desire to continue as a congregation of the Evangelical Lutheran Church in America.
Notwithstanding the provisions of *C07.02. and *C07.03. above, where this congregation has received property from the synod pursuant to a deed or other instrument containing restrictions under provision 9.71.a.
(Footnote:
From the ELCA Churchwide Constitution:
9.71.
[Subject to the provisions of 9.52., the following shall govern the ownership of property by congregations of this church: ]
a.
Title to property shall reside in the congregation.
The congregation may dispose of its property as it determines, subject to any self-accepted indebtedness or other self-accepted restrictions.
)
of the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America, this congregation accepts such restrictions and:
Shall not transfer, encumber, mortgage, or in any way burden or impair any right, title, or interest in the property without prior approval of the Synod Council.
Shall—upon written demand by the Synod Council, pursuant to †S13.23.
(Footnote:
From the Southwest California Synod Constitution:
†S13.23.
Provision 9.71. of the ELCA constitution shall govern the relationship of this synod and a congregation of this synod regarding the property of the congregation.
This synod may transfer or convey property to a congregation of the synod, subject to restrictions accepted by the congregation, including provision that if the Synod Council, in its sole and exclusive discretion, determines
(1) that the property is not being used to serve the mission and ministry needs of this church, or
(2) that the congregation has transferred, encumbered, mortgaged, or in any way burdened or impaired any right, title, or interest in the property without the prior approval of the Synod Council, then title to the property shall revert to the synod, and the congregation, upon written demand, shall reconvey the property to the synod.
)
of the constitution of the Southwest California Synod—reconvey and transfer all right, title, and interest in the property to the synod.
Chapter 8. Membership
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.
Members shall be classified as follows:
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.
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.
Voting members are confirmed members. Such confirmed members, during the current or preceding calendar year, shall have communed and made a contribution of record to this congregation. Members of this congregation who have satisfied these basic standards shall have the privilege of voice and vote at every regular and special meeting of this congregation as well as the other rights and privileges ascribed to voting members by the provisions of this constitution and its bylaws.
Associate members are persons holding membership in other Christian congregations who wish to retain such membership but desire to participate in the life and mission of this congregation. These individuals have all the privileges and duties of membership except voting rights or other rights and privileges ascribed to voting members by the provisions of this constitution and its bylaws.
Seasonal members are voting members of other ELCA congregations who wish to retain such membership but desire to participate in the life and mission of this congregation, including exercising limited voting rights in this congregation. The Congregation Council may grant seasonal membership to such persons provided that this congregation is a member of a synod where the Synod Council has approved seasonal member voting on its territory. Such seasonal members shall have all the privileges and duties of voting members except that:
they shall not be eligible for elected office in, or for membership on the Congregation Council or on a call committee of, this congregation;
they shall not have the right to vote on any matter concerning or affecting the call or termination of call of any minister of this congregation;
they shall not have the right to vote on any matter concerning or affecting the affiliation of this congregation with the ELCA;
they shall not be eligible to serve as voting members from this congregation of the Synod Assembly or the Churchwide Assembly;
they shall not, even if otherwise permitted by this congregation, vote by proxy or by absentee ballot; and
they shall not, within any two calendar month period, exercise voting rights in this congregation and in the congregation where they remain voting members.
All applications for confirmed membership shall be submitted to and shall require the approval of the Congregation Council.
Any confirmed member in good standing desiring to change their membership to another Lutheran Church shall, upon request, be entitled to a letter of transfer or release.
It shall be the privilege and duty of members of this congregation to:
make regular use of the means of grace, both Word and sacraments;
live a Christian life in accordance with the Word of God and the teachings of the Lutheran church; and
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.
This congregation invites all members who have been prepared to receive the Sacrament to participate regularly in Holy Communion.
Preparation for Holy Communion will normally be provided for persons as young as seven years of age. Baptized children of any member(s) who transfer from a congregation where they have been prepared have been communing at an earlier age are invited to commune in this congregation.
Subject to provisions C8.04.01. and C8.04.02., we invite to the Lord’s Table all baptized Christians who believe that Jesus is present in the Sacrament for the forgiveness of sins.
The full understanding of this congregation concerning the Sacrament of the Altar is found in Part Five of the Small Catechism.
Record of participation in Holy Communion shall be maintained.
Membership in this congregation shall be terminated by any of the following:
death;
resignation;
transfer or release;
disciplinary action in accordance with Chapter 20 of the constitution and bylaws of the Evangelical Lutheran Church in America; or
removal from the roll due to inactivity in accordance with the provisions of this constitution and its bylaws.
Such persons who have been removed from the roll of members shall remain persons for whom the church has a continuing pastoral concern.
C8.05.01.
Members who have been dismissed, resigned, transferred or who are definitively known to have become members of other congregations shall be removed from membership.
Chapter 9. Rostered Minister
Authority to call a pastor shall be in this congregation by at least a two–thirds vote of voting 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.
Only a member of the roster of Ministers of Word and Sacrament of the Evangelical Lutheran Church in America or a candidate for the roster of Ministers of Word and Sacrament who has been recommended for this congregation by the synod bishop may be called as a pastor of this congregation.
Consistent with the faith and practice of the Evangelical Church in America,
Every minister of Word and Sacrament shall:
preach the Word;
administer the sacraments;
conduct public worship;
provide pastoral care;
seek out and encourage qualified persons to prepare for the ministry of the Gospel;
impart knowledge of this church and its wider ministry through available channels of effective communication;
witness to the Kingdom of God in the community, in the nation, and abroad;
speak publicly to the world in solidarity with the poor and oppressed, advocating dignity, justice, and equity for all people, working for peace and reconciliation among the nations, caring for the marginalized, and embracing and welcoming racially and ethnically diverse populations.
Each pastor with a congregational call shall, within the congregation:
offer instruction, confirm, marry, visit the sick and distressed, and bury the dead;
relate to all schools and organizations of this congregation;
install regularly elected members of the Congregation Council;
with the council administer discipline;
endeavor to increase the support given by the congregation to the work of the churchwide organization and of the Southwest California Synod; and
encourage adherence to covenantal relationship with this church as expressed in the Constitutions, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America.
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.
The provisions for termination of the mutual relationship between the minister of Word and Sacrament and this congregation shall be as follows:
The call of this congregation, when accepted by a pastor, shall constitute a continuing mutual relationship and commitment which shall be terminated only by the pastor’s death or, following consultation with the synod bishop, for any of the following reasons:
mutual agreement to terminate the call or the completion of a call for a specific term;
resignation of the pastor, which shall become effective, unless otherwise agreed, no later than 30 days after the date on which it was submitted;
inability to conduct the pastoral office effectively in this congregation in view of local conditions;
inability to conduct the pastoral office effectively in view of disability or incapacity of the pastor;
suspension of the pastor through discipline for more than three months;
resignation or removal of the pastor from the roster of Ministers of Word and Sacrament of this church;
termination of the relationship between this church and this congregation;
dissolution of this congregation or the termination of a parish arrangement; or
suspension of this congregation through discipline for more than six months.
When allegations of disability or incapacity of the pastor under paragraph a.4) above, or ineffective conduct of the pastoral office under paragraph a.3) above, have come to the attention of the bishop of this synod,
the bishop, who has sole discretion may investigate such conditions personally together with a committee of two rostered ministers and one layperson, 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 this congregation, the bishop personally shall investigate such conditions together with a committee of two rostered ministers and one layperson.
In case of alleged disability or incapacity under paragraph a.4) above, the bishop’s committee shall obtain and document competent medical opinion concerning the pastor’s condition. When a disability or incapacity is evident to the committee, the bishop of this synod may declare the pastorate vacant. When the pastorate is declared vacant, the Synod Council shall list the pastor on the roster of Ministers of Word and Sacrament with disability status. Upon resumption of the ability to conduct the office effectively, 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 appropriate call.
In the case of alleged local difficulties that imperil the effective functioning of this congregation under paragraph a.3) above, the bishop’s committee shall endeavor to hear from all concerned persons, after which the bishop together with the committee shall present their recommendations first to the pastor and then to this congregation. The recommendations of the bishop’s committee must address whether the pastor’s call should come to an end and, if so, may suggest appropriate severance arrangements. The committee may also propose other actions that should be undertaken by this congregation and by the pastor, if appropriate. If the pastor and congregation agree to carry out such recommendations, no further action shall be taken by the synod.
If either party fails to assent to the recommendations of the bishop’s committee concerning the pastor’s call, this congregation may dismiss the pastor only at a legally called meeting after consultation with the bishop, either (a) by a two–thirds 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 majority vote of the voting members present and voting where the bishop and the committee recommended termination of the call.
If in the course of the proceedings described in paragraph c. or paragraph d. above, the bishop’s committee concludes that there may be grounds for discipline, the committee shall make recommendations concerning disciplinary action in accordance with the provisions of this church’s constitution, bylaws, and continuing resolutions.
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.
During the period of service, an interim pastor shall have the rights and duties in this 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 Congregation Council. The interim pastor and any rostered minister providing assistance shall refrain from exerting influence in the selection of a pastor. Unless previously agreed upon by the Synod Council, an interim pastor is not available for a regular call to the congregation served.
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.
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.
With the approval of the bishop of the synod, this 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 completion of a term, the bishop or a designated representative of the bishop, shall meet with the pastor and representatives of this congregation for a review of the call. Such a call may also be terminated before its expiration in accordance with the provisions of *C9.05.a.
The pastor(s) of this congregation:
shall keep accurate records of all baptisms, confirmations, marriages, burials, communicants, members received, members dismissed, or members excluded from this congregation;
shall submit a summary of such statistics annually to the synod; and
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.
The pastor(s) shall submit a report of ministry to the bishop of the synod at least 90 days prior to each regular meeting of the Synod Assembly.
The records of this congregation shall be maintained by the pastor and shall remain the property of this congregation. The secretary of this congregation shall attest in writing to the bishop of this synod that such records have been placed in the secretary’s hands in good order by a departing pastor before the installation of that pastor in another call or approval of a request for change in roster status.
Under special circumstances, subject to the approval of the synod bishop and the concurrence of this congregation, a minister of Word and Sacrament of a church body with which the Evangelical Lutheran Church in America officially has established a relationship of full communion may serve temporarily as pastor of this congregation under a contract between this congregation and the pastor in a form proposed by the synod bishop and approved by this congregation.
Authority to call a deacon shall be in this congregation by at least a two–thirds vote of voting members present and voting at a meeting legally called for that purpose. Before a call is issued, the officers, or a committee elected by the Congregation Council to recommend the call, shall seek the advice and help of the bishop of the synod.
Only a member of the roster of Ministers of Word and Service of the Evangelical Lutheran Church in America or a candidate for the roster of Ministers of Word and Service who has been recommended for this congregation by the synod bishop may be called as a deacon of this congregation.
Consistent with the faith and practice of the Evangelical Lutheran Church in America, every minister of Word and Service shall:
Be rooted in the Word of God, for proclamation and service;
Advocate a prophetic diakonia that commits itself to risk-taking and innovative service on the frontiers of the Church’s outreach, giving particular attention to the suffering places in God’s world;
Speak publicly to the world in solidarity with the poor and oppressed, advocating dignity, justice, and equity for all people, working for peace and reconciliation among the nations, caring for the marginalized, and embracing and welcoming racially and ethnically diverse populations;
Equip the baptized for ministry in God’s world that affirms the gifts of all people;
Encourage mutual relationships that invite participation and accompaniment of others in God’s mission;
Practice stewardship that respects God’s gift of time, talents, and resources;
Be grounded in a gathered community for ongoing diaconal formation;
Share knowledge of this church and its wider ministry of the gospel and advocate for the work of all expressions of this church; and
Identify and encourage qualified persons to prepare for ministry of the gospel.
The specific duties of the deacon, compensation, and other matters pertaining to the service of the deacon shall be included in a letter of call, which shall be attested by the bishop of the synod.
The provisions for termination of the mutual relationship between a minister of Word and Service and a congregation shall be as follows:
The call of a congregation, when accepted by a deacon, shall constitute a continuing mutual relationship and commitment, which shall be terminated only by the deacon’s death or, following consultation with the synod bishop, for any of the following reasons:
mutual agreement to terminate the call or the completion of a call for a specific term;
resignation of the deacon, which shall become effective, unless otherwise agreed, no later than 30 days after the date on which it was submitted;
inability to conduct the ministry of Word and Service effectively in this congregation in view of local conditions;
inability to conduct the office effectively in view of disability or incapacity of the deacon;
suspension of the deacon through discipline for more than three months;
resignation or removal of the deacon from the roster of Ministers of Word and Service of this church;
termination of the relationship between this church and this congregation;
dissolution of this congregation or the termination of a parish arrangement; or
suspension of this congregation through discipline for more than six months.
When allegations of disability or incapacity of the deacon under paragraph a.4) above, or ineffective conduct of the office of minister of Word and Service under paragraph a.3) above, have come to the attention of the bishop of this synod,
the bishop, who has sole discretion may investigate such conditions personally together with a committee of two rostered ministers and one layperson, 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 this congregation, the bishop personally shall investigate such conditions together with a committee of two rostered ministers and one layperson.
In case of alleged disability or incapacity under paragraph a.4) above, the bishop’s committee shall obtain and document competent medical opinion concerning the deacon’s condition. When a disability or incapacity is evident to the committee, the bishop of this synod may declare the position vacant. When the position is declared vacant, the Synod Council shall list the deacon on the roster of Ministers of Word and Service with disability status. Upon resumption of the ability to conduct the office effectively, the bishop shall take steps to enable the deacon to resume the ministry, either in the congregation last served or in another appropriate call.
In the case of alleged local difficulties that imperil the effective functioning of this congregation under paragraph a.3) above, the bishop’s committee shall endeavor to hear from all concerned persons, after which the bishop together with the committee shall present their recommendations first to the deacon and then to this congregation. The recommendations of the bishop’s committee must address whether the deacon’s call should come to an end and, if so, may suggest appropriate severance arrangements. The committee may also propose other actions that should be undertaken by this congregation and by the deacon, if appropriate. If the deacon and congregation agree to carry out such recommendations, no further action need be taken by the synod.
If either party fails to assent to the recommendations of the bishop’s committee concerning the deacon’s call, this congregation may dismiss the deacon only at a legally called meeting after consultation with the bishop, either (a) by a two–thirds 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 majority vote of the voting members present and voting where the bishop and the committee recommended termination of the call.
If, in the course of proceedings described in paragraph c. or paragraph d. above, the bishop’s committee concludes that there may be grounds for discipline, the committee shall make recommendations concerning disciplinary action in accordance with the provisions of this church’s constitution, bylaws, and continuing resolutions.
This congregation shall make satisfactory settlement of all financial obligations to a former deacon before calling a successor. A deacon 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.
When a deacon is called to serve in company with another rostered minister or other rostered ministers, the privileges and responsibilities of each rostered minister shall be specified in documents to accompany the call and to be drafted in consultation involving the rostered ministers, the Congregation Council, and the bishop of the synod. As occasion requires, the documents may be revised through a similar consultation.
With the approval of the bishop of the synod, this congregation may depart from *C9.25.a. and call a deacon 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 deacon and representatives of this congregation for a review of the call. Such a call may also be terminated before its expiration in accordance with the provisions of *C9.25.a.
The deacon shall become a member of this congregation upon receipt and acceptance of the letter of call. In a parish of multiple congregations, the deacon shall hold membership in one of the congregations.
The deacon(s) shall submit a report of ministry to the bishop of the synod at least 90 days prior to each regular meeting of the Synod Assembly.
Chapter 10. Congregation Meeting
This congregation shall have at least one regular meeting per year. The regular meeting(s) of the congregation shall be held at the time(s) specified in the bylaws. Consistent with the laws of the State of California, the bylaws shall designate one regular meeting per year as the annual meeting of this congregation.
The date of the annual meeting will be on a Sunday after January 15 but before February 15. The Congregation Council shall establish the date no later than the October Congregation Council meeting.
Provision C.10.03. of the constitution governs announcement of meetings.
A roster of voting members shall be determined prior to each annual meeting by the Congregation Council. This roster will used for any special meetings that are called before the next annual meeting.
The order of business at the annual meeting shall be:
Opening devotion.
Approval of the minutes of the previous meeting.
Reports of the Pastor, Congregation Council, Treasurer, committees (including Audit and Nominating Committees), and others.
Elections. (Two tellers shall be appointed, and business will continue as ballots are counted.)
Approval of budget.
Old business.
New business. (Including election of Audit and Nominating Committee members.)
Recess for Shepherd of the Valley Foundation Annual Meeting.
Reconvene the Annual Meeting.
Closing Prayer.
A special Congregation Meeting may be called by the pastor, the Congregation Council, or the president of this congregation, and shall be called by the president (Footnote: If the pastor is the president of the congregation, the congregation may consider giving the vice president the authority to call a special meeting. ) of this congregation upon the written request of ten percent of the voting members. The president of the Congregation Council shall call a special meeting upon request of the synod bishop. The call for each special meeting shall specify the purpose for which it is to be held, and no other business shall be transacted.
Notice of all special meetings of this congregation shall be given at the services of worship on the preceding two consecutive Sundays and by mail or electronic means, as permitted by state law, to all members at least 10 days in advance of the date of the meeting. Such notice sent to the last known physical or electronic address of members shall be sufficient.
Ten percent of the voting members shall constitute a quorum.
Voting by proxy or by absentee ballot shall not be permitted.
All actions approved by this congregation shall be by majority vote of those voting members present and voting, except as otherwise provided in this constitution or by state law.
In the following cases, voting shall be by written ballot:
To elect the Congregation Council.
To adopt or amend the Articles of Incorporation, Constitution or By–laws of the Constitution.
To call a pastor or terminate the call in accordance with Chapter 9.
To sever membership in the Evangelical Lutheran Church in America in accordance with Chapter 6.
To dispose of, encumber, or purchase real property in accordance with Chapter 7.
When requested by ten or more voting members present.
Robert’s Rules of Order, latest edition, shall govern parliamentary procedure of all meetings of this congregation.
This congregation may hold meetings by remote communication, including electronically and by telephone conference, as long as there is an opportunity for simultaneous aural communication or its equivalent. To the extent permitted by state law, notice of all meetings may be provided electronically.
“Ex officio” as used herein means membership with full rights of voice and vote unless otherwise expressly limited.
Chapter 11. Officers
The officers of this congregation shall be a president, vice president, secretary, and treasurer.
Duties of the officers shall be specified in the bylaws.
The officers shall be voting members of this congregation.
Officers of this congregation shall serve similar offices of the Congregation Council and shall be voting members of the Congregation Council.
Officers of this congregation shall serve as the officers of the Shepherd of the Valley Lutheran Church of Canoga Park corporation.
In addition to the requirements of congregation membership stated in Chapter 8, qualifications for officers shall include such practical ability as outlined in the duties of the officer.
The President shall preside over meetings of the Congregation Council andthis congregation.
The Vice–President shall preside over meetings of the Congregation Council andthis congregation in the absence of the President. The Vice–President shall assist the President, at their request, in the fulfillment of their executive duties.
The Secretary shall keep the minutes of the Congregation Council and ofthis congregation and shall preserve its archives in a neat and orderly fashion.
The Treasurer shall review and understand financial statements as prepared by staff, consulting with staff as necessary, and be responsible for communicating and interpreting the financial position ofthis congregation to the Congregation Council and the congregation. The Treasurer shall ensure that an annual audit occurs. The Treasurer shall ensure that accurate records of membership contributions are kept and quarterly statements of contributions are issued. Experience in accounting standards and practices are desirable.
The congregation shall elect its officers and they shall be the officers of this congregation. The officers shall be elected by written ballot at the annual meeting and they shall serve for one year or until their successors are elected. Their terms shall begin at the close of the annual meeting at which they are elected.
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.
After a lapse of one year, officers shall be eligible for election to that office again.
Chapter 12. Congregation Council
The voting membership of the Congregation Council shall consist of the pastor(s), rostered deacon(s), (Footnote: Deacon(s) in this context refers to those serving under call from the lay rosters of our synod (i.e. Ministers of Word and Service). ) the officers of this congregation, and not more than eight nor fewer than three members of this congregation. Any voting member of this congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office. A member’s place on the 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. Consistent with the laws of the state in which this congregation is incorporated, this congregation may adopt procedures for the removal of a member of the Congregation Council in other circumstances.
When a council member resigns from an office or committee chairmanship, they shall be considered as having resigned from the Congregation Council.
The members of the Congregation Council except the pastor(s) and rostered deacon(s) (Footnote: Deacon(s) in this context refers to those serving under call from the lay rosters of our synod (i.e. Ministers of Word and Service). ) shall be elected by written ballot to serve for two years or until their successors are elected. Such members shall be eligible to serve no more than two full terms consecutively. Their terms shall begin at the close of the annual meeting at which they are elected. Terms may be staggered between even and odd years.
After a lapse of one year, council members shall be eligible for election to that office again. A council member who resigns their office shall be eligible for election at the following annual meeting if they served six months or less. (Footnote: The second sentence was intended to be included in this Bylaw. It was unintentionally omitted. The previous Bylaws of this congregation contained: A council member who resigns their office shall be eligible for election at the following annual meeting if he/she has served six months or less. )
Should a member’s place on the Congregation Council be declared vacant, the President of this congregation shall appoint, with Congregation Council approval by majority vote, a successor to fill the remaining term.
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:
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.
To seek to involve all members of this congregation in worship, learning, witness, service, and support.
To oversee and provide for the administration of this congregation to enable it to fulfill its functions and perform its mission.
To maintain supportive relationships with the rostered minister(s) and staff and help them annually to evaluate the fulfillment of their calling or employment.
To be examples individually and corporately of the style of life and ministry expected of all baptized persons.
To promote a congregational climate of peace and goodwill and, as differences and conflicts arise, to endeavor to foster mutual understanding.
To arrange for pastoral service during the sickness or absence of the pastor.
To emphasize support of the synod and churchwide organization 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.
To recommend and encourage the use of program resources produced or approved by the Evangelical Lutheran Church in America.
To seek out and encourage qualified persons to prepare for the ministry of the Gospel.
In addition to the requirements of congregation membership stated in Chapter 8, qualifications for membership on the Congregation Council shall include such practical ability in the duties of the committee office being sought as outlined in the continuing resolutions of the Congregation Council.
Duties of Congregation Council members shall be described in continuing resolutions of the Congregation Council.
Voting members sent to assemblies shall be reimbursed as determined by the Congregation Council.
The Congregation Council shall be responsible for the financial and property matters of this congregation.
The Congregation Council shall be the board of directors of this congregation and, as such, shall be responsible for maintaining and protecting its property and managing its business and fiscal affairs. It shall have the powers and be subject to the obligations that pertain to such boards under the laws of the State of California, except as otherwise provided herein.
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 this congregation.
The Congregation Council may enter into contracts of up to ten percent of that year’s congregation approved annual budget for items not included in that budget.
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 of more than ten percent in excess of the anticipated receipts only after approval by a Congregation Meeting. The budget shall include this congregation’s full commitment to support the wider ministry being carried on in collaboration with the synod and churchwide organization.
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 mission support monies to the synod.
The Congregation Council shall be responsible for this congregation’s investments and its total insurance program.
The officers, acting as a budget committee, shall recommend an annual budget to the Congregation Council, for approval and presentation to this congregation at the annual meeting.
The Congregation Council, acting on behalf of this congregation, hereby authorizes the immediate application(s) for loan(s) persuant to the CARES Act, which have been made available by the Federal Government due to COVID-19. To that end, the Counicl authorizes Jan Garris, Financial Director, to open depository account(s) and enter into contract(s) to borrow up to and no more than $500,000.
The Congregation Council, acting on behalf of this congregation, hereby authorizes Jan Garris to sign documents relating to the Gruber bequest on behalf of this congregation.
The Congregational Council has adopted an Undesignated Gifts & Bequests Policy for cases in which the Council is unable to seek the donor’s guidance in the allocation and distribution of the gifted funds.
The first $10,000, or the entire amount of the gift if less than $10,000, shall be distributed to the General Fund of this congregation with a tithe of 10 percent of this amount forwarded to the synod.
A tithe of ten percent of any remaining balance shall be distributed to mission partner(s) as directed by the Council in consultation with the Pastor(s).
Forty percent of any remaining balance, unless reduced by the Council to cover any general budget shortfall(s), shall be distributed to the Shepherd of the Valley Foundation and added to the principle of the endowment funds as determined by the Foundation Board.
Fifty percent of any remaining balance, shall be distributed as determined by the Council in consultation with the Pastor(s) and Finance Team. When determining the allocation of these funds, the Council shall keep the following in mind:.
Annual budget shortfalls should be taken into consideration in the allocation and distribution of these funds, with proceeds used to cover any shortfall.
If more than the fifty percent of the remaining balance is required to bring the general budget to break even, the Council may vote to redirect some of the forty percent allocated to the Foundation to the general budget, up to but not exceeding the amount needed to cover the budget shortfall.
The Congregation Council shall see that the provisions of this constitution, its bylaws, and the continuing resolutions are carried out.
The Congregation Council shall provide for an annual review of the membership roster.
A review of membership will normally be conducted in May of each year. Confirmed members who do not commune or give a contribution of record for twenty–four consecutive months may be removed from membership by a two–thirds vote of the Congregation Council. Baptized members who are not present in worship for thirty–six consecutive months may be removed from membership by a two–thirds vote of the Congregation Council. The congregation maintains pastoral concern for any removed members.
The Congregation Council shall be responsible for the employment and supervision of the staff of this congregation. Nothing in this provision shall be deemed to affect this congregation’s responsibility for the call, terms of call, or termination of call of any employees who are on a roster of this church.
The officers, acting as the Executive Committee, shall establish compensation for church staff. Staff compensation may be reported in aggregate and not for individuals.
The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting.
The Congregation Council shall normally meet once a month. Special meetings may be called by the pastor or the president (Footnote: If the pastor is the president of the congregation, the congregation may consider giving the vice president the authority to call a special meeting. ) , and shall be called by the president at the request of at least one–half of its members. Notice of each special meeting shall be given to all who are entitled to be present.
The Congregation Council has adopted a Covenant of Conduct for Church Council Members.
Covenant of Conduct for Church Council Members
It is the policy of this church council that all council members uphold the highest standard of ethical, professional, and Christian behavior. To that end, church council members shall dedicate themselves to carry out the calling of Christ and the mission of this congregation, and shall:
Covenant of Agreement by Church Council Members
A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council, including the pastor(s) or interim pastor, except when the pastor(s) or interim pastor requests or consents to be absent and has given prior approval to the agenda for a particular regular or special meeting, which shall be the only business considered at that meeting. Chronic or repeated absence of the pastor(s) or interim pastor who has refused approval of the agenda of a subsequent regular or special meeting shall not preclude action by the Congregation Council, following consultation with the synod bishop.
The Congregation Council and its committees may hold meetings by remote communication, including electronically, such as by email, telephone or video conferencing, and other similar means, as long as there is an opportunity for simultaneous aural communication or its equivalent. To the extent permitted by state law, notice of all meetings may be provided electronically.
Chapter 13. Congregational Committees
The officers of this congregation and the pastor(s) shall constitute the Executive Committee.
A Nominating Committee of six voting members of this congregation, two of whom, if possible, shall be outgoing members of the Congregation Council, shall be elected at the annual meeting for a term of one year. Members of the Nominating Committee are not eligible for consecutive re–election.
The Nominating Committee shall be made known to this congregation in conjunction with the announcement of the special or annual meeting at which the election is to take place.
The Nominating Committee shall nominate one or more candidates for each office and shall secure the consent of each candidate to serve if elected.
The pastor shall serve as convener and as advisory member of the Nominating Committee. In the event the congregation is without a regularly called pastor, the president shall serve as convener and as advisory member of the Nominating Committee.
In addition to the candidates submitted by the Nominating Committee, additional nominations may be made from the floor. Nominees from the floor must be present to accept or provide written notice of acceptance in advance.
Should a vacancy on the Nominating Committee occur, the President of this congregation shall appoint, with Congregation Council approval by majority vote, a successor to fill the remaining term.
An Audit Committee of three voting members shall be elected by the Congregation Council. Audit Committee members shall not be members of the Congregation Council. Term of office shall be three years, with one member elected each year. Members shall be eligible for re–election.
Mutual Ministry Committee(s) (in the absence of a mutual ministry committee, the duties shall be fulfilled by the executive committee) shall be appointed jointly by the president and the rostered minister. Term of office shall be two years, with two members to be appointed each successive year.
When a vacancy occurs in a position for which this congregation calls a rostered minister, a Call Committee of six voting members shall be elected by the Congregation Council. Term of office will terminate upon installation of the newly called rostered minister.
Other committees of this congregation may be formed, as the need arises, by decision of the Congregation Council.
Duties of committees of this congregation shall be specified in the bylaws or continuing resolutions.
Deacon Chairperson — shall be responsible for:
the general spiritual care of this congregation, including the shepherding and care of its members;
the orderly and reverent conduct of all services of worship;
promoting music and congregational singing;
providing for an effective ushering program;
the total program of evangelism in reaching out to the unchurched;
instituting and coordinating with the evangelism efforts of other Church organizations;
making recommendations thereon to the Congregation Council; and
selecting a Board of Deacons to assist in this task.
Christian School Board Chairperson — shall be responsible for:
the leadership and supervision of this congregation’s Christian School;
making recommendations thereon to the Congregation Council; and
selecting a Christian School Board to assist in this task. Subject to approval of the Congregation Council, the Christian School Board shall:
make all school program and policy decisions,
prepare an annual budget for the school,
recommending the issuing of contracts for school personnel, and
be responsible for the proper administration of the school, and the means of and facilities necessary for fostering spiritual and academic growth.
A majority of the seats on the Christian School Board must be members of this congregation. The Principal (or Director) of the Christian School and a Teacher Representative shall be advisory members of the Board.
Parish Education Chairperson — shall be responsible for:
the leadership and supervision of the educational programs of this congregation including: youth, adults, Confirmation, Sunday Church school, and Vacation Bible school;
the leadership and supervision of any other educational activity not specifically directed by some other committee, board, or organization of this congregation;
making recommendations thereon to the Congregation Council; and
selecting a Parish Education Board to assist in this task. The Parish Education Board shall be responsible for:
the proper administration of the various educational units under its direction, and
making all necessary program and policy decisions to further that aim.
The designated heads of all educational units under its direction shall be advisory members of the Parish Education Board. All teachers and administrators for the educational units are subject to the approval of the Congregation Council.
Parish Life Chairperson — shall be responsible for:
developing and maintaining an effective fellowship program;
developing and maintaining an effective youth program, and is empowered to secure such help as needed to promote the youth program in this congregation;
developing and maintaining an effective program of publicity, in harmony with this congregation and its organizations;
making recommendations thereon to the Congregation Council; and
selecting a Parish Life Board to assist in this task. The Parish Life Board shall be responsible for:
the proper administration of the various fellowship programs under its direction, and
making all necessary program and policy decisions to further that aim.
The sponsors of all youth programs shall be advisory members to the Parish Life Board.
Trustees Chairperson — shall be responsible for:
the management, care, upkeep and repair of all congregation property;
supervising the Church custodial program;
making recommendations thereon to the Congregation Council; and
selecting a Board of Trustees to assist in this task.
Stewardship Chairperson — shall be responsible for:
the implementation of programs encompassing Scriptural principles which result in total involvement of our Church family in the giving of their time, talent, and treasures;
making recommendations thereon to the Congregation Council; and
selecting a Stewardship Board to assist in this task.
Mission and Outreach Chairperson — shall be responsible for:
the review and communication of: local, parish, synod, regional, national and international mission and benevolence programs;
developing mission focus for leadership, committees and programs within this congregation;
coordinating special appeals in unity with the mission of the Evangelical Lutheran Church in America;
coordinating the evangelism programs of this congregation in and beyond the community;
making recommendations thereon to the Congregation Council; and
selecting a Mission and Outreach Board to assist in this task.
The pastor(s) of this congregation shall be ex officio (Footnote: Ex officio members should not be included when determining the number of members needed for a quorum or counted when determining if a quorum is present. Without exception, ex officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote. —Robert’s Rules of Order Newly Revised, 11th ed., p. 483–484 ) member(s) of all committees and boards of this congregation. The president of this congregation shall be ex officio a member of all committees and boards of this congregation, except the Nominating and Call Committees.
Chapter 14. Organizations Within This Congregation
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.
All committees and organizations handling funds within this congregation shall:
submit accounts to the Treasurer of the Church office at least 20 days prior to the annual meeting, and the Treasurer shall include such accounts in their written report to the meeting; and
be required to maintain books, records, and accounts that in reasonable detail, accurately, and fairly reflect the transactions and dispositions of all assets.
No committees, organizations, activities, funds, or assets that are not clearly disclosed in the books and records will be maintained for any purpose.
The Christian School shall not entertain any requests for refunds of elementary school tuition, unless such requests had been brought to the attention of the Christian School Board prior to the closure of the Christian Elementary School.
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.
This congregation does not affiliate with organizations, secret or open, which are avowedly religious or practice forms of religion without confessing the Christian faith, or who teach salvation by works.
The property of this congregation shall be for the use of this congregation in its normal function as a Lutheran Church and shall not be used in any other way not in harmony with the purpose of this congregation.
Buildings which are property of this congregation shall not be lent or rented to any group or individual not affiliated with this congregation or with the Evangelical Lutheran Church in America unless application for such use has been approved by the Congregation Council by a two–thirds vote.
Ceremonies of lodges and such organizations shall not be permitted in the Church premises of this congregation.
The pastor(s) of this congregation shall not take direct part in any such ceremonies at any location, but may be present where such ceremonies occur, if deemed pastorally advisable.
Chapter 15. Discipline of Members
Persistent and public denial of the Christian faith, willful or criminal conduct grossly unbecoming a member of the Church of Christ, continual and intentional interference with the ministry of this congregation, or willful and repeated harassment or defamation of member(s) of this congregation is sufficient cause for discipline of a member.
Prior to disciplinary action, reconciliation and repentance will be attempted following Matthew 18:15–17, proceeding through these successive steps, as necessary:
a) private counsel and admonition by the pastor,
b) censure and admonition by the pastor in the presence of two or three witnesses,
(Footnote:
The ELCA Churchwide Constitution states these witnesses must be members of the Congregation Council:
20.41.02.
[Discipline for an offense shall be administered consistent with the procedure which Christ instructed his disciples to follow (Matthew 18:15–17), proceeding through these successive steps, as necessary: ]
b.
censure and admonition by a pastor in the presence of two or three members of the Congregation Council;
)
c) written referral of the matter by the Congregation Council to the vice president of the synod, who will refer it to a consultation panel drawn from the Consultation Committee of the synod, and
d) written referral of the matter by the consultation panel to the Committee on Discipline of the synod.
If, for any reason, the pastor is unable to administer the admonitions required by paragraphs a. and b. hereof, those steps may be performed by another pastor chosen by the Executive Committee of the Congregation Council.
The process for discipline of a member of this 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 the counseling, censure, and admonitions pursuant to *C15.01. do not result in repentance and amendment of life, charges against the accused member(s) that are specific and in writing may be prepared by the Congregation Council, signed, and submitted to the vice president of the synod. The vice president shall select from the synod’s Consultation Committee a panel of five members (three laypersons and two rostered ministers. A copy of the written charges shall be provided to the consultation panel and the accused member(s). The consultation panel, after requesting a written reply to the charges from the accused member(s), shall consider the matter and seek a resolution by means of investigation, consultation, mediation, or whatever other means may seem appropriate. The panel’s efforts to reach a mutually agreeable resolution shall continue for no more than 45 days after the matter is submitted to it.
If the consultation panel fails to resolve the matter, that panel shall refer the case in writing, including the written charges and the accused member’s reply, to the Committee on Discipline of the synod for a hearing. A copy of the panel’s written referral shall be delivered to the vice president of the synod, the Congregation Council, and the accused member(s) at the same time it is sent to the Committee on Discipline of the synod. The Executive Committee of the Synod Council shall then select six members from the Committee on Discipline to decide the case and shall appoint a member of the Synod Council to preside as nonvoting chair. Those six members, plus the nonvoting chair, comprise the discipline hearing panel for deciding the case. The Congregation Council and the accused member(s) are the parties to the case.
The discipline hearing panel shall commence and conduct the disciplinary hearing in accordance with the provisions governing discipline of congregation members prescribed in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America.
By the vote of at least two–thirds of the members of the discipline hearing panel who are present and voting, one of the following disciplinary sanctions can be imposed:
suspension from the privileges of congregation membership for a designated period of time;
suspension from the privileges of congregation membership until the pastor and Congregation Council receive evidence, satisfactory to them, of repentance and amendment of life;
termination of membership in this congregation; or
termination of membership in this congregation and exclusion from the church property and from all congregation activities.
The written decision of the discipline hearing panel shall be sent to the vice president of the synod, the accused member(s), and the Congregation Council as required by the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. The decision of the discipline hearing panel shall be implemented by the Congregation Council and recorded in the minutes of the next council meeting.
No member of this congregation shall be subject to discipline a second time for offenses that a discipline hearing panel has heard previously and decided pursuant to this chapter.
Adjudication
When there is disagreement between or among factions within this congregation on a substantive issue which cannot be resolved by the parties, members of this congregation may petition the synod bishop for consultation after informing the president of this congregation of their intent to do so.
The synod bishop shall seek a timely resolution of the dispute.
If the issue relates directly to the pastor, the bishop may begin the process in †S14.18.d.
(Footnote:
From the Southwest California Synod Constitution:
†S14.18.
[The provisions for termination of the mutual relationship between a minister of Word and Sacrament and a congregation shall be as follows:
a.
The call of a congregation, when accepted by a pastor, shall constitute a continuing mutual relationship and commitment which shall be terminated only by death or, following consultation with the synodical bishop and for the following reasons:
3)
inability to conduct the pastoral office effectively in that congregation in view of local conditions; ]
d.
In the case of alleged local difficulties that imperil the effective functioning of the congregation under paragraph a.3) above, the bishop’s committee shall endeavor to hear from all concerned persons, after which the bishop together with the committee shall present their recommendations first to the pastor and then to the congregation.
The recommendations of the bishop’s committee must address whether the pastor’s call should come to an end and, if so, may suggest appropriate severance arrangements.
The committee may also propose other actions that should be undertaken by the congregation and by the pastor, if appropriate.
If the pastor and congregation agree to carry out such recommendations, no further action need be taken by the synod.
)
In all other matters, if the bishop’s consultation fails to resolve the issue, the bishop shall refer the matter to the Consultation Committee of the synod, which shall undertake efforts to find an appropriate solution.
If the Consultation Committee’s efforts fail to resolve the dispute, the entire matter shall be referred to the Synod Council for adjudication by whatever process the Council deems necessary.
The Synod Council’s decision shall be final.
Chapter 16. Amendments
Unless provision *C16.04. is applicable, 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 a regular or special Congregation Meeting called for that purpose. The Congregation Council shall notify this congregation’s members of the proposal together with the council’s recommendations at least 30 days in advance of the meeting. Notification may take place by mail or electronic means, as permitted by state law.
An amendment to this constitution, proposed under *C16.01., shall:
be approved at any legally called meeting of this congregation by a majority vote of those voting members present and voting; and
be ratified without change at the next regular meeting of this congregation by a two–thirds vote of those voting members present and voting;
have the effective date included in the resolution (Footnote: Such an effective date must be stated in relation to the requirements of *C16.03. to allow time for the synod's review of the amendment. ) and noted in the constitution.
Any amendments to this constitution that result from the processes provided in *C16.01. and *C16.02. shall be sent by the secretary of this congregation to the synod. The synod shall notify this congregation of its decision to approve or disapprove the proposed changes; the changes shall go into effect upon notification that the synod has approved them.
This constitution may be amended to bring any section into conformity with a section or sections, either required or not required, of the Model Constitution for Congregations of the Evangelical Lutheran Church in America as most recently amended by the Churchwide Assembly. Such amendments may be approved by a majority vote of those voting members present and voting at any legally called meeting of this congregation without presentation at a prior meeting of this congregation, provided that the Congregation Council has submitted by mail or electronic means, as permitted by state law, notice to this congregation of such an amendment or amendments, together with the council’s recommendations, at least 30 days prior to the meeting. Upon the request of at least two (2) voting members of this congregation, the Congregation Council shall submit such notice. Following the adoption of an amendment, the secretary of this congregation shall submit a copy thereof to the synod. Such provisions shall become effective immediately following a vote of approval.
Chapter 17. Bylaws
This congregation may adopt bylaws. No bylaw may conflict with this constitution.
Bylaws may be adopted or amended at any legally called meeting of this congregation with a quorum present by a two–thirds vote of those voting members present and voting.
Changes to the bylaws may be proposed by any voting member, provided 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. The Congregation Council shall notify this congregation’s members of the proposal with the council’s recommendations at least 30 days in advance of the Congregation Meeting. Notification may take place by mail or electronic means, as permitted by state law.
Adopted or amended bylaws shall be sent by the secretary of this congregation to the synod.
Chapter 18. Continuing Resolutions
This congregation in a legally called meeting or the Congregation Council may enact continuing resolutions. Such continuing resolutions may not conflict with the constitution or bylaws of this congregation.
Continuing resolutions shall be enacted or amended by a majority vote of a meeting of this congregation or a two–thirds vote of all voting members of the Congregation Council.
Adopted or amended continuing resolutions shall be sent by the secretary of this congregation to the synod.
Chapter 19. Indemnification
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.
Chapter 20. Parish Authorization
This congregation may unite with one or more other congregations recognized by the synod named in *C06.01. to form a parish. Except as provided in *C20.02. and *C20.03., a written agreement, developed in consultation with the synod and approved by the voting members of each congregation participating in the parish, shall specify the powers and responsibilities that have been delegated to the Parish Council. The Parish Agreement shall identify which congregation of the parish issues calls on behalf of the member congregations or shall establish a process for identifying which congregation issues calls on behalf of the member congregations.
One congregation of a parish shall issue a call on behalf of the member congregations to a minister of Word and Sacrament or a candidate for the roster of Ministers of Word and Sacrament who has been recommended by the synod bishop to serve the congregations of the parish. Such a call shall be approved prior to issuance by a two–thirds vote at a congregation meeting of each congregation forming the parish. If any congregation of the parish should fail to approve the call, the other congregations of the parish shall have the right to terminate the parish agreement.
One congregation of a parish may issue a call on behalf of the member congregations to a minister of Word and Service or a candidate for the roster of Ministers of Word and Service who has been recommended by the synod bishop to serve the congregations of the parish. Such a call shall be approved prior to issuance by a two–thirds vote at a congregation meeting of each congregation forming the parish. If any congregation of the parish should fail to approve the call, the other congregations of the parish shall have the right to terminate the parish agreement.
Any one of the congregations of the parish may terminate their relationship with the pastor as provided in †S14.18.d.
(Footnote:
From the Southwest California Synod Constitution:
†S14.18.
[The provisions for termination of the mutual relationship between a minister of Word and Sacrament and a congregation shall be as follows:
a.
The call of a congregation, when accepted by a pastor, shall constitute a continuing mutual relationship and commitment which shall be terminated only by death or, following consultation with the synodical bishop and for the following reasons:
3)
inability to conduct the pastoral office effectively in that congregation in view of local conditions; ]
d.
In the case of alleged local difficulties that imperil the effective functioning of the congregation under paragraph a.3) above, the bishop’s committee shall endeavor to hear from all concerned persons, after which the bishop together with the committee shall present their recommendations first to the pastor and then to the congregation.
The recommendations of the bishop’s committee must address whether the pastor’s call should come to an end and, if so, may suggest appropriate severance arrangements.
The committee may also propose other actions that should be undertaken by the congregation and by the pastor, if appropriate.
If the pastor and congregation agree to carry out such recommendations, no further action need be taken by the synod.
)
of the synod constitution of the synod named in *C06.01.
In such case, the other congregation(s) of the same parish shall have the right to terminate the parish agreement.
Any one of the congregations of the parish may terminate their relationship with a minister of Word and Service as provided in †S14.43.d.
(Footnote:
From the Southwest California Synod Constitution:
†S14.43.
a.
[The call of a congregation, when accepted by a minister of Word and Service, shall constitute a continuing mutual relationship and commitment which shall be terminated only by death or, following consultation with the synodical bishop, for the following reasons:
3)
inability to conduct the office effectively in that congregation in view of local conditions; ]
d.
In the case of alleged local difficulties that imperil the effective functioning of the congregation under paragraph a.3) above, the bishop’s committee shall endeavor to hear from all concerned persons, after which the bishop together with the committee shall present their recommendations first to the minister of Word and Service and then to the congregation.
The recommendations of the bishop’s committee address whether the minister of Word and Service’s call should come to an end and, if so, may suggest appropriate severance arrangements.
The committee may also propose other actions that should be undertaken by the congregation and by the minister of Word and Service, if appropriate.
If the minister of Word and Service and congregation agree to carry out such recommendations, no further action need be taken by the synod.
)
of the synod constitution of the synod named in *C06.01.
In such case, the other congregation(s) of the same parish shall have the right to terminate the parish agreement.
Whenever a parish agreement is terminated, the call of any rostered minister serving that parish is terminated. Should any congregation that was formerly part of the parish agreement desire to issue a new call to that rostered minister, it may do so in accordance with the call process of this church.
Footnotes: