Types of Provisions

Is this a bylaw or continuing resolution?

C1.01.: Constitutional Provision
C1.01.01.: Bylaw
C1.01.A15.: Continuing Resolution

Note: Notice the distinct numbering scheme for each type of provision above. For more details, check out the page on codification.

What's the Difference?

Many are confused by the three-layered structure of ELCA constitutions. Some make everything a constitutional provision and call it good. Others make as much as possible continuing resolutions to avoid burdensome amendment processes. Both approaches fail to appreciate the value of all three types of provisions.

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

	Constitutional Provisions	Bylaws	Continuing Resolutions
Practical Definition	Establishes the basic structure and operation of the congregation.	Spells out how constitutional provisions are to be implemented.	Long-term policies or decisions about an ongoing matter.
Stability	Not likely to need amendment in the foreseeable future	May need amendment in five or more years	Free to amend as circumstances change
Ease of Amending	Very Difficult	Moderately Difficult	Easy
Amended By	The Congregation (2 votes) plus Synod approval	The Congregation (2/3rds vote)	The Congregation (majority vote) or the Congregation Council (2/3rds vote)

Most provisions a congregation creates will be straightforward in regards to what type they are. However, different factors may change the provision from the expected type.

Example: At one congregation, the Congregation Council has been put in charge of being the tellers each Sunday. This is really a continuing resolution, but the Congregation Council should not have the power to change the congregation's expectations of its ministry. Likely this will be specified in a bylaw as a result. Many things in "Chapter 12. Congregation Council." may be bylaws for similar reasons.

Example: Take two seemingly parallel provisions, 1) the date of the regular meeting(s) of the congregation, and 2) the date of the regular meetings of the Congregation Council. Both items are important to specify in the governing documents so that all members can know when these meetings are taking place. However, the date of congregation meeting(s) requires a greater level of stability and agreement by the congregation. The Congregation Council meetings simply require the agreement of the Congregation Council. Thus, the dates of congregation meeting(s) would be specified in the bylaws (as directed in C10.01.), but the dates of the Congregation Council meetings would be specified in the continuing resolutions.

Example of All Three Provisions

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

16.10.

CHURCHWIDE UNITS

16.11.

A unit of the churchwide organization is assigned leadership responsibility for major, identified portions of the mission and ministry of this church.

16.11.01.

In conformity with this church’s commitment to inclusive practice, churchwide units and offices will assure that staff include a balance of women and men, persons of color and persons whose primary language is other than English, laypersons, and rostered ministers.

16.11.A16.

Identity of Units
Units of the churchwide organization, which shall function through cooperation, coordination, and collaboration, are the following:

a.: Domestic Mission unit;
b.: Global Mission unit;
c.: Mission Advancement unit.

16.12.

Each unit shall report to the Churchwide Assembly and will report to the Church Council in the interim. The policies, procedures, and operation of each unit shall be reviewed by the Church Council in order to assure conformity with the constitution, bylaws, and continuing resolutions and with Churchwide Assembly actions.

16.12.01.

The responsibilities of the units shall be described in continuing resolutions.

16.12.A16.

Domestic Mission Unit
The Domestic Mission unit shall…

As can be seen above, 16.11. and 16.12. provide basic organizational structure: "There will be units, and each unit will report to…". 16.11.01., as a bylaw, describes one of the ways the constitutional provision will be implemented. But the title and responsibilities of each unit are continuing resolutions, as that's part of the priorities of the Church Council to form and adjust as needed. Though it seems structural, because it was important for the Church Council to be able to change it, it was made a continuing resolution.

Note: 16.12.01. is a good example of guiding language used through ELCA governing documents to specify where things are put and what types of provisions they will be. Such a practice may be worth emulating.

Note on the Model Constitution

It was decided when the Model Constitution was formed that bylaws would not be included, as these are organizational concerns and not related to the polity of the ELCA.

However, the result is that the Model Constitution has at least one section, C12.05., that contains many things that would normally be bylaws, due to it requiring congregations to specify monetary numbers. The congregation is free to move such items to bylaws if they so desire.