About This Chapter

This chapter is all about the congregation council and its powers.

Thoughts and Suggested Provisions

The following is offered merely as suggestions, often based on common provisions in congregational constitutions. It is up to each congregation to determine what is and is not important to include in their own governing documents.

As stated in C12.05.a., the "Congregation Council" is the term the Model uses to describe what state law calls the "board of trustees" or "board of directors" (depending on the state). But the congregation is not required to use this term and may retitle this chapter to whatever name they desire for their board, such as "Leadership Board", "Board of Elders", "Jedi Council", or "Fellowship of the Ring".

This provision covers a wide variety of concerns related to council members.

Composition: The starting place is simply defining the makeup of this body.

• How many people are on the Congregation Council? Is it an exact number, a range, or a percent of the congregation?
• Does the state have any qualifications for board members that need to be repeated here?
• Are there liaison members, like committee chairs or heads of organizations within the congregation? Do they have voice and vote or only voice?
• Are there any reserved positions for minority voices in the congregation, such as youth or young adults? Are there any gender representation goals?

Qualifications: The Congregation Council is a higher level of responsibility than regular membership. It is possible not all members should qualify to serve.

• Are there any additional or different qualifications for council members?
• Can related individuals serve on the Congregation Council at the same time? Does this restriction apply officers or youth and other minority positions? The ELCA provides a broad definition of related individuals. See Synod Provision †S8.16.01.c.
• Are background checks required of the Congregation Council? What felonies would restrict someone from serving on the Congregation Council?

Expectations: Congregations usually have a separate document describing what council members do, but some higher expectations may be included here.

• Are there any additional or different expectations for council members? Sample Expectation Bylaws

Removal: Other than absence, the Model is silent on the removal process.

• In general, how are council members removed? Example in ELCA Provision 14.15.
• Are any actions required when a council member reaches 2 or 3 successive absences, such as contact from the council president, before the seat is declared vacant?
• Other than lack of attendance, are there any explicit, measurable reasons a council member might be removed? Most congregations likely would want to say no longer meeting the qualification requirements or violating any expectations would be grounds for removal.

• What is the term of office for members of the Congregation Council who are not the officers?
• Can they serve consecutive terms? If the term of office is more than one year, do all of their terms expire at the same time or are they staggered?
• In the case of filled vacancies, what counts as a full term for reelection purposes?

• Are there additional duties of the Congregation Council or its members? ELCA Sample Council Member Duties
• What other general conduct is expected?
• What are the confidentiality expectations?

If the congregation has any stipulations on worship events that would be recorded in the congregation's records, such as first communion, weddings, and funerals, this would be the appropriate place to include those items. Baptism and confirmation information might be included here, or it might be included in Chapter 8. Alternatively, all this might appear in Chapter 4

• What are the various funds of the congregation and what are their purposes? Permanent funds belong in C5.05.. All others should be listed here.
• If not addressed elsewhere (Chapter 11 or Chapter 13), does someone on the Congregation Council have signatory authority for the various financial accounts?
• Are there stipulations on restricted giving?
• The Model only addresses real property (land and buildings), but not personal property (anything movable). Are there any stipulations regarding personal property, particularly personal property over a certain value?
• What amount or percent must the congregation give in mission support beyond the synod (ELCA), such as a conference, cluster, ministerium, or other partners in ministry?
• What happens if the congregation has a financial surplus at the end of the fiscal year?

When must this review take place? Ideally it will happen prior to the date the membership roll is set for the regular meeting at which elections take place.

Responsibility for employment, supervision, and evaluation (C12.04.d.) of employees may vary from congregation to congregation. If this provision belongs somewhere else, move it to the appropriate chapter.

• Is the Congregation Council or another body required to develop personnel policies (such as an employee handbook or job descriptions)? Example in ELCA Bylaw 14.21.06.
• If there is no employee handbook, expectations of employment should be placed here. E.g. background checks.
• If there is no employee handbook, include any nondiscrimination clauses.
• If there is no employee handbook, specify guidelines for supervision, discipline, and termination of an employee. E.g. What happens when an employee fraternizes with a youth or adult in their care?

• When is the annual report published? Does it have to be released by a certain point in advance of the regular meeting of the congregation?
• How are members notified that the annual report has been published?
• How is the report distributed?
• What must be included in the report?

Add any exceptions to the monthly meeting schedule (like a summer or holiday break).

• Who is the chair of the Congregation Council? Is it the president? The senior pastor? Someone else? Normally "president" is considered a synonymous term with "chairperson", but this is not required (the answer could be specified in a bylaw in Chapter 9 or 11). Example in ELCA Provision 13.31. See Synod Provision S8.22.
• Chapter 10 has rules for Congregation meetings that include no voting by proxy and using Robert's Rules of Order. Do the same rules apply to the Congregation Council?
• If the Congregation Council uses Robert's Rules, will the "Procedures in Small Boards" (RONR, 11th edition, pg. 16 and pg. 487-88) apply?
• Are there any other applicable special rules of order or standing rules (RONR, 11th edition, pg. 15-18)?
• Are meetings of the Congregation Council public sessions (RONR, 11th edition, pg. 96-97) or otherwise open to members of the congregation to attend freely (the permission to attend does not constitute the permission to speak or vote)?
• Are council members compensated for their service?