Chapter 12. CONGREGATION COUNCIL

Reorganized

For many congregations, the Model Constitution will meet their needs as is. But for other congregations, the current layout may feel cumbersome and restrictive. Offered here is a layout that potentially organizes the chapter better.

The main purpose of this reorganization is to group the resolutions so that it is easier to find provisions. It was partially inspired by the ELCA Constitution, Chapter 14. Church Council.

Basic Option

C12.10.
PURPOSE AND RESPONSIBILITIES
C12.11.
The Congregation Council shall be the board of [trustees] [directors] of this congregation. It shall have the powers and be subject to the obligations that pertain to such boards under the laws of the State of ______, except as otherwise provided herein.
C12.12.
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:
a.
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.
b.
To seek to involve all members of this congregation in worship, learning, witness, service, and support.
c.
To oversee and provide for the administration of this congregation to enable it to fulfill its functions and perform its mission.
d.
To maintain supportive relationships with the rostered minister(s) and staff and help them annually to evaluate the fulfillment of their calling or employment.
e.
To be examples individually and corporately of the style of life and ministry expected of all baptized persons.
f.
To promote a congregational climate of peace and goodwill and, as differences and conflicts arise, to endeavor to foster mutual understanding.
g.
To arrange for pastoral service during the sickness or absence of the pastor.
h.
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.
i.
To recommend and encourage the use of program resources produced or approved by the Evangelical Lutheran Church in America.
j.
To seek out and encourage qualified persons to prepare for the ministry of the Gospel.
C12.13.
The Congregation Council shall be responsible for the financial and property matters of this congregation.
a.
The Congregation Council shall be responsible for maintaining and protecting this congregation's property and managing this congregation's business and fiscal affairs.
b.
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.
c.
The Congregation Council may enter into contracts of up to $______ for items not included in the budget.
d.
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 $______ in excess of the anticipated receipts only after approval by a Congregation Meeting. The budget shall include this congregation’s full indicated share in support of the wider ministry being carried on in collaboration with the synod and churchwide organization.
e.
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.
f.
The Congregation Council shall be responsible for this congregation’s investments and its total insurance program.
C12.14.
The Congregation Council shall see that the provisions of this constitution[,] [and] its bylaws[,][and the continuing resolutions] are carried out.
C12.15.
The Congregation Council shall provide for an annual review of the membership roster.
C12.16.
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.
C12.17.
The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting.
C12.20.
COMPOSITION
C12.21.
The voting membership of the Congregation Council shall consist of the pastor(s)[, the deacon(s),][the officers of this congregation,] and [______ members] [not more than ______ nor fewer than ______ members] of this congregation, at least one of whom shall be a youth and at least one of whom shall be a young adult. Any voting member of this congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office.
C12.22.
The members of the Congregation Council except the pastor(s) [and deacon(s)] shall be elected by written ballot to serve for ______ 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.
OR
The members of the Congregation Council except the pastor(s) [and deacon(s)] shall be elected at a legally called meeting of this congregation during the month of ______. Their term of office shall be for ______ years, with the term of office beginning on ______ (month and day) and ending on ______ (month and day). Newly elected Congregation Council members shall be installed at worship at a time appointed by the Congregation Council.
C12.23.
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.
C12.24.
Should a member’s place on the Congregation Council be declared vacant, the Congregation Council shall elect, by majority vote, a successor until the next annual meeting.
C12.30.
MEETINGS
C12.31.
The Congregation Council shall normally meet once a month. Special meetings may be called by the pastor or the president, 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.
C12.32.
A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council, including the [senior] pastor or interim pastor, except when the [senior] pastor 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 [senior] pastor 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.
C12.33.
The Congregation Council and its committees 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.

Reorganization Map

Proposed Model
C12.10. Does not exist
C12.11. C12.05.a. (parts)
C12.12. C12.04.
C12.13. C12.05. (part a. trimmed and modified)
C12.14. C12.06.
C12.15. C12.07.
C12.16. C12.08.
C12.17. C12.09.
C12.20. Does not exist
C12.21. C12.01. (first half)
C12.22. C12.02.
C12.23. C12.01. (second half)
C12.24. C12.03.
C12.30. Does not exist
C12.31. C12.11.
C12.32. C12.12.
C12.33. C12.13.

Duties as Bylaws

C12.10.
PURPOSE AND RESPONSIBILITIES
C12.11.
The Congregation Council shall be the board of [trustees] [directors] of this congregation. It shall have the powers and be subject to the obligations that pertain to such boards under the laws of the State of ______, except as otherwise provided herein.
C12.12.
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 be specified in the bylaws [and continuing resolutions].
C12.12.01.
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.
C12.12.02.
Seek to involve all members of this congregation in worship, learning, witness, service, and support.
C12.12.03.
Oversee and provide for the administration of this congregation to enable it to fulfill its functions and perform its mission.
C12.12.04.
Maintain supportive relationships with the rostered minister(s) and staff and help them annually to evaluate the fulfillment of their calling or employment.
C12.12.05.
Be examples individually and corporately of the style of life and ministry expected of all baptized persons.
C12.12.06.
Promote a congregational climate of peace and goodwill and, as differences and conflicts arise, to endeavor to foster mutual understanding.
C12.12.07.
Arrange for pastoral service during the sickness or absence of the pastor.
C12.12.08.
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.
C12.12.09.
Recommend and encourage the use of program resources produced or approved by the Evangelical Lutheran Church in America.
C12.12.11.
Seek out and encourage qualified persons to prepare for the ministry of the Gospel.
C12.13.
The Congregation Council shall be responsible for the financial and property matters of this congregation, as specified in the bylaws [and continuing resolutions].
C12.13.01.
The Congregation Council shall be responsible for maintaining and protecting this congregation's property and managing this congregation's business and fiscal affairs.
C12.13.02.
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.
C12.13.03.
The Congregation Council may enter into contracts of up to $______ for items not included in the budget.
C12.13.04.
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 $______ in excess of the anticipated receipts only after approval by a Congregation Meeting. The budget shall include this congregation’s full indicated share in support of the wider ministry being carried on in collaboration with the synod and churchwide organization.
C12.13.05.
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 treasurer.
C12.13.06.
The Congregation Council shall be responsible for this congregation’s investments and its total insurance program.
C12.14.
The Congregation Council shall see that the provisions of this constitution[,] [and] its bylaws[,][and the continuing resolutions] are carried out.
C12.15.
The Congregation Council shall provide for an annual review of the membership roster.
C12.16.
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.
C12.17.
The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting.
C12.20.
COMPOSITION
C12.21.
The voting membership of the Congregation Council shall consist of the pastor(s)[, the deacon(s),][the officers of this congregation,] and [______ members] [not more than ______ nor fewer than ______ members] of this congregation, at least one of whom shall be a youth and at least one of whom shall be a young adult. Any voting member of this congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office.
C12.22.
The members of the Congregation Council except the pastor(s) [and deacon(s)] shall be elected by written ballot to serve for ______ 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.
OR
The members of the Congregation Council except the pastor(s) [and deacon(s)] shall be elected at a legally called meeting of this congregation during the month of ______. Their term of office shall be for ______ years, with the term of office beginning on ______ (month and day) and ending on ______ (month and day). Newly elected Congregation Council members shall be installed at worship at a time appointed by the Congregation Council.
C12.23.
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.
C12.24.
Should a member’s place on the Congregation Council be declared vacant, the Congregation Council shall elect, by majority vote, a successor until the next annual meeting.
C12.30.
MEETINGS
C12.31.
The Congregation Council shall normally meet once a month. Special meetings may be called by the pastor or the president, 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.
C12.32.
A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council, including the [senior] pastor or interim pastor, except when the [senior] pastor 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 [senior] pastor 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.
C12.33.
The Congregation Council and its committees 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.