Provisions vs. Policies

Does this belong in the constitution as a continuing resolution?

What's the Difference?

Note: See the section on different types of provisions for details on the difference between bylaws and continuing resolutions.

Example: Check out the example policies from the ELCA.

There are multiple ways to look at the difference between provisions, particularly continuing resolutions, and policies. All of the below perspectives are valuable and should be held in tension with one another.

	Provisions	Policies
Purpose	Long-term policies and decisions	Detailed descriptions of specific topics, day-to-day functions, or specific responsibilities; may include procedures or guidelines
Audience	The whole congregation	A specific group or the public
Length	Generally short	Generally long
Amended By	The Congregation or the Congregation Council (2/3rds vote)	The Congregation, the Congregation Council (majority vote) or another group in the congregation

In addition, provisions like bylaws and continuing resolutions have more weight to them. Policies have to abide by the governing documents, not the other way around.

Note: The ELCA governing documents regularly mention policies, directing that policies for this or that be developed by this or that group. Doing so gives weight to the policies, clarifies who is in charge of each policy, and ensures that such policies aren't easily forgotten (see below for examples).

Example: C13.07. of the Model Constitution specifies that duties of committees will be specified in the bylaws or continuing resolutions. This is appropriate, because the whole congregation should know which group is responsible for what. In a small congregation, maybe a Finance Committee is in charge of developing the annual budget, performing the audit, and managing the investments. Those all are appropriate provisions.

On the other hand, the Finance Committee may create and maintain a credit card policy. This policy is directed specifically at those who are given business credit cards.

Example: The Congregation Council needs to determine when it will regularly meet. This decision could easily be summarized in one sentence. It's clearly not long enough to be put in a separate policy document, but is a long-term decision that effects the whole congregation. It should be made a continuing resolution.

Types of Policies

The following language is generally used to identify different types of policies. Sometimes more than type of policy is found in a document, e.g. policies and procedures, or definitions and guidelines.

Policies: Identifies issue and scope
Standards: Assigns quantifiable measures
Procedures: Establishes proper steps to take
Guidelines: Provides recommended guidance
Definitions: Defines terms

Note: All these terms can be found in ELCA governing documents.

Note: Because guidelines contain recommendations rather than requirements, the language of "must" (formerly "shall") would be rare. Instead, use "should", "may", "is encourage", "is expected", "is recommended", or other such language.

Example of Provisions vs. Policies

The following example, taken from the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America, clearly demonstrates the difference between provisions and policies.

14.20.

RESPONSIBILITIES OF THE CHURCH COUNCIL

14.21.

The specific duties of the Church Council shall be listed in the bylaws.

14.21.01.

The Church Council shall act on the policies proposed by churchwide units, subject to review by the Churchwide Assembly.

14.21.02.

The Church Council shall review the procedures and programs of the churchwide units to assure that churchwide purposes, policies, and objectives are being fulfilled. Each unit shall recommend policy and develop strategies in its particular areas of responsibility after consultation with other units of the churchwide organization and affected synods, congregations, agencies, and institutions.

a.: Policies related to the day-to-day functioning of the unit or to the specific responsibilities of the unit that have no implications for other units, congregations, synods, agencies, or institutions may be approved by the unit, subject to ratification by the Church Council.
b.: All other policies shall be submitted to the Church Council for approval.

14.21.04.

The Church Council may adopt policies in accord with this church’s constitutions, bylaws, and continuing resolutions.

14.21.06.

The Church Council shall adopt personnel policies for the churchwide organization. Salary structures of churchwide units shall be within the personnel policies of the churchwide organization, unless exceptions are granted by the Church Council.

Referencing Policies in the Constitution

Many of the ELCA policies, particularly the important ones, are referenced in the constitution, making their existence a constitutional mandate. Congregations might consider doing the same.

Examples referencing specific policies

14.21.06.: The Church Council shall adopt personnel policies for the churchwide organization. Salary structures of churchwide units shall be within the personnel policies of the churchwide organization, unless exceptions are granted by the Church Council.
7.31.01.: The policies and procedures for such and such shall be developed by the appropriate churchwide unit, reviewed by the Conference of Bishops, and adopted by the Church Council.
20.21.: The Committee on Appeals shall establish definitions and guidelines, subject to approval by the Church Council

Examples referencing policies in general

Note: General referencing are interpretted to mean there is a constitutional mandate such policies exist, unless they are in a "may" clause.

8.51.01.: Policies governing ecumenical, inter-Lutheran, and interfaith activities shall be recommended by the presiding bishop of this church to the Churchwide Assembly for its adoption.
15.14.B10.: The treasurer shall have an executive for information technology, appointed by the treasurer, who shall be responsible for the development and review of guidelines and policies for computer standards, etc.
9.81.01.d.: Implementation of the plan of agreement of a union congregation shall be guided by policies and procedures developed in consultation with the appropriate churchwide unit...