CONSTITUTION, BYLAWS, AND CONTINUING RESOLUTIONS
of the
EVANGELICAL LUTHERAN CHURCH IN AMERICA®
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Chapter 1.
NAME, INCORPORATION, SEAL, AND LOCATION
- 1.11.
- The churchwide organization shall be incorporated.
- 1.11.01.
- The seal of the churchwide organization is a cross with three united flames
emanating from the base of the cross and three entwined circles beside the
cross. The year of the constituting convention of this church is included
at the base of the cross. The name of this church forms the circular outer
edge of the seal.
- 1.11.02.
- The principal office of the churchwide organization shall be located in
Chicago, Illinois.
- 1.11.03.
- The churchwide organization may maintain offices in such other locations
as the Churchwide Assembly or the Church Council shall determine.
Chapter 5.
PRINCIPLES OF ORGANIZATION
- 5.01.
- The Evangelical Lutheran Church in America shall be one church.
This church recognizes that all power and authority in the Church
belongs to the Lord Jesus Christ, its head. Therefore, all actions of
this church by congregations, synods, and the churchwide
organization shall be carried out under his rule and authority in
accordance with the following principles:
- f.
- Except as otherwise provided in this constitution and bylaws, synods, through synod councils,
shall establish processes that will ensure that at least 60 percent of the members of their
assemblies, councils, committees, boards, and other organizational units shall be laypersons;
that, as nearly as possible, at least 45 percent of the lay members of their assemblies,
councils, committees, boards, or other organizational units shall be women and, as nearly as
possible, at least 45 percent shall be men, and that the representation of rostered ministers
shall include both women and men. Each synod shall establish processes that will enable it to
reach a minimum goal that 10 percent of the membership of its assemblies, councils, committees,
boards, or other organizational units be persons of color and/or persons whose primary language
is other than English.
Chapter 6.
MEMBERSHIP
- 6.02.
- The voting members of the churchwide organization shall be those
persons elected to serve as members of the Churchwide Assembly.
Membership in a congregation does not, in itself, confer voting rights
in this corporation.
- 6.02.A09.
- It is the goal of this church that at least 10 percent of the voting members
of the Churchwide Assembly, Church Council, and churchwide boards
and committees be youth and young adults. The Church Council shall
establish a plan for implementing this goal. For purposes of the
Constitution, Bylaws, and Continuing Resolutions of the ELCA,
the term
“youth” means a voting member of a congregation who has not reached
the age of 18 at the time of election or appointment for service. The term
“young adult” means a voting member of a congregation between the
ages of 18 and 30 at the time of election or appointment for service.
Chapter 7.
MINISTRY
- 7.30.
- STANDARDS FOR MINISTERS OF WORD AND SACRAMENT
- 7.31.02.
- Responsibilities. Consistent with the faith and practice of the Evangelical Lutheran Church in
America,
- a.
- Every minister of Word and Sacrament shall:
- b.
- Each pastor with a congregational call shall, within the congregation:
- 7.40.
- CALLS FOR MINISTERS OF WORD AND SACRAMENT
- 7.44.A16.
- Sources of Calls for Ministers of Word and Sacrament
- b.
- Table of Sources of Calls for Ministers of Word and Sacrament
Setting |
Calling Body
|
1.0 Congregational ministry |
1.1 Single congregation |
Congregation meeting |
1.11 Pastor
1.12 Senior Pastor
1.13 Associate/assistant pastor
1.14 Co-pastor
1.15 Shared-time pastor |
|
Chapter 9.
CONGREGATIONS
- 9.20.
- CRITERIA FOR RECOGNITION AND RECEPTION
- 9.21.
- This church shall recognize, receive, and maintain on the roster those
congregations which by their practice as well as their governing
documents:
- a.
- preach the Word, administer the sacraments, and carry out
God’s mission;
- b.
- accept this church’s Confession of Faith;
- c.
- agree to the Statement of Purpose of this church;
- 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 synodical bishop;
- e.
- agree to be responsible for their life as a Christian community;
and
- f.
- agree to support the life and work of this church.
- 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.
- 9.50.
- GOVERNANCE
- 9.51.
- Each congregation shall structure itself in such a way as to involve
its
members in fulfilling the definition, purpose, and functions of a
congregation.
- 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.
- 9.52.A93.
- The Church Council, in cooperation with the synods, shall provide an
ongoing process for congregations whose governing documents have
been accepted into this church under 9.52. to review those documents and
compare them with the required elements of the Model
Constitution for
Congregations listed in 9.25.b., applicable to the extent provided in 9.52.
to congregations recognized and received by this church as of January 1,
1988. Congregations are encouraged to resolve significant conflicts
between their governing documents and the Model Constitution
for
Congregations.
- 9.53.
- Each congregation shall have governing documents, no terms of
which shall conflict with provision 9.21. Subject to the provisions of
9.52., these documents shall contain the elements listed in the bylaws.
- 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.
- 9.53.04.
- Each congregation shall take the necessary steps to protect its members
and this church from liability.
- 9.53.05.
- Congregations shall normally maintain a fiscal year of January 1 through
December 31.
Chapter 11.
CHURCHWIDE ORGANIZATION—DEFINITION AND PURPOSES
- 11.30.
- DESCRIPTION OF THE CHURCHWIDE ORGANIZATION
- 11.31.
- The legislative function of the churchwide organization shall be
fulfilled by the Churchwide Assembly as described in Chapter 12 of
this constitution.
- 11.32.
- The Church Council shall exercise interim legislative authority and
shall serve as the board of directors of the corporation.
- 11.33.
- Leadership of this church shall be vested in the churchwide officers,
the Churchwide Assembly, the Church Council, the Conference of
Bishops, and executive directors of churchwide units. The full-time
officers shall be the presiding bishop, secretary, and treasurer. The
vice president shall be non-salaried and shall serve as chair of the
Church Council.
- 11.34.
- The churchwide organization shall carry out its duties through units
and offices. Units and offices shall be responsible to the Churchwide
Assembly and to the Church Council in the interim between regular
meetings of the assembly.
Chapter 12.
CHURCHWIDE ASSEMBLY
- 12.40.
- MEMBERS OF THE CHURCHWIDE ASSEMBLY
- 12.41.10.
- Voting Members
- 12.41.C04.
- Congregation Observers. Each congregation of the Evangelical Lutheran
Church in America may register with the secretary of this church one
congregation observer for the Churchwide Assembly prior to May 31 in
the year of a Churchwide Assembly.
- a.
- Provision shall be made for such an individual to have reserved
seating in the observers section of the plenary hall. Such
congregation observers will receive a copy of the report of
recommendations for assembly action and also materials distributed
on the plenary floor to voting members, advisory members, and
non-voting members during the assembly. Such observers shall have
neither voice nor vote in plenary sessions of the assembly.
- b.
- A registration fee shall be established by the secretary of this church
for registration and related costs, including enabling observers to
receive the same meals as are provided for voting members.
- c.
- Transportation costs, housing, other meals, and related expenses
shall be the responsibility of the registered observer or sending
congregation.
- 12.50.
- COMMITTEES OF THE CHURCHWIDE ASSEMBLY
- 12.51.
- The Churchwide Assembly shall have a Reference and Counsel Committee, a
Memorials Committee, a Nominating Committee, and an Elections Committee. The description of these
committees shall be in the bylaws. The Churchwide Assembly may authorize such other committees as it
deems necessary
- 12.51.01.
- Reference and Counsel Committee. A Reference and Counsel
Committee, appointed by the Church Council, shall review all proposed
changes or additions to the constitution and bylaws and other items
submitted that are not germane to items contained in the stated agenda of
the assembly.
- 12.51.02.
- Memorials Committee. A Memorials Committee, appointed by the
Church Council, shall review memorials from synodical assemblies and
make appropriate recommendations for assembly action.
- 12.51.03.
- Nominating Committee. A Nominating Committee, elected by the
Churchwide Assembly, shall nominate at least one person for each
position for which an election will be held by the Churchwide Assembly
in accordance with Chapter 19 of this constitution.
- 12.51.04.
- Elections Committee. An Elections Committee, appointed by the Church Council, shall be
responsible for the conduct and supervision of elections.
Chapter 13.
OFFICERS
- 13.10.
- OFFICERS
- 13.11.
- The officers shall be the presiding bishop, vice president, secretary,
and treasurer. Each officer shall be a voting member of a
congregation of this church.
- 13.20.
- PRESIDING BISHOP
- 13.21.
- The presiding bishop shall be a minister of Word and Sacrament of
this church who, as its pastor, shall be a teacher of the faith of this
church and shall provide leadership for the life and witness of this
church. The presiding bishop shall:
- a.
- Be the president and chief executive officer of the corporation,
overseeing the work of the churchwide organization.
- c.
- Preside at the Churchwide Assembly.
- k.
- Serve as an advisory member, with voice but not vote, on all
committees of this church and all boards or committees of
churchwide units, or designate a person to serve as the presiding
bishop’s representative.
- 13.30.
- VICE PRESIDENT
- 13.31.
- The vice president shall be a layperson who shall serve as chair of the
Church Council and, in the event the presiding bishop is unable to do
so, as chair of the Churchwide Assembly. The vice president shall
serve under the presiding bishop of this church, providing leadership
as specified in provision 11.33. of this constitution.
- 13.40.
- SECRETARY
- 13.50.
- TREASURER
- 13.60.
- DEATH, RESIGNATION, OR DISABILITY OF AN OFFICER
- 13.61.
- Should the presiding bishop die, resign, or be unable to serve, the vice
president shall convene the Church Council to arrange for the
appropriate care of the responsibilities of the presiding bishop until
an election of a new presiding bishop can be held or until the
presiding bishop is able to serve again. The term of the successor
presiding bishop, elected by the next Churchwide Assembly, or a
special meeting of the Churchwide Assembly called for the purpose
of election, shall be six years, with the subsequent election to take
place at the assembly closest to the expiration of such a term.
- 13.62.
- Should the vice president, secretary, or treasurer die, resign, or be
unable to serve, the presiding bishop, with the approval of the
Executive Committee of the Church Council, shall arrange for the
appropriate care of the responsibilities of the officer until an election
of a new officer can be held or until the officer is able to serve again.
The term of the successor vice president or secretary, elected by the
next Churchwide Assembly, shall be six years. The Church Council
shall elect the successor treasurer for a term of six years.
- 13.63.
- The Executive Committee of the Church Council shall determine
whether an officer is unable to serve; the officer may appeal the
decision of the Executive Committee by requesting a hearing before
the Church Council. A meeting to determine the ability of an officer
to serve shall be called upon the request of at least three members of
the Executive Committee and prior notice of the meeting shall be
given to the officer in question.
Chapter 14.
CHURCH COUNCIL
- 14.10.
- PURPOSE AND MEETINGS
- 14.11.
- The Church Council shall be the board of directors and shall serve as
the interim legislative authority between meetings of the Churchwide
Assembly.
- 14.15.
- The Church Council of the Evangelical Lutheran Church in America may remove for
cause a voting member of the Church Council, other than an officer or the chair of the Conference of
Bishops, at a duly held regular meeting by the affirmative vote of two-thirds of the voting members of
the Church Council, provided that at least 30 days written notice shall be given to each voting member
of the Church Council that removal of a specific member of the Church Council will be on the agenda for
such a meeting. The Church Council may remove an advisory member for cause, provided notice has been
given as specified in this provision, by a majority vote of the voting members of the council.
- 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.
- 14.30.
- COMPOSITION OF THE CHURCH COUNCIL
- 14.40.
- CHURCH COUNCIL COMMITTEES
- 14.41.
- The Church Council shall establish committees and nominate or elect
such persons as necessary to carry out the functions assigned to it.
The description of such committees shall be set forth in the bylaws
and continuing resolutions.
- 14.41.01.
- Executive Committee. The Church Council shall have an Executive
Committee composed of the churchwide officers, the chair of the
Conference of Bishops, and eight members of the Church Council elected
by the council. The vice president of this church shall chair this
committee. The Executive Committee shall...
- 14.41.A15.
- Budget and Finance Committee
- 14.41.B15.
- Legal and Constitutional Review Committee
- 14.41.C11.
- Planning and Evaluation Committee
- 14.41.D99.
- Program and Services Committee
- 14.41.E15.
- Audit Committee
- 14.41.F13.
- Board Development Committee