How not to have problems amending the constitution
The easiest and best thing you can do when working on governing documents is simply to contact the synod as soon as work begins. The synod's goal is not to cause congregations problems, but to help congregations do ministry. Every synod has someone - a group or an individual - that is able to help congregations create good governing documents.
Not everything requires the approval of the synod (though it is never bad to let the synod take an editorial glance at any proposed amendments).
| Type of Amendment | Requires Synod Approval? | Must Submit Amended Document to the Synod Office? |
|---|---|---|
| Articles of Incorporation | Yes | Yes |
| Conforming to the Model Constitution | No | Yes |
| Constitutional Provisions (nonconforming amendments) | Yes | Yes |
| Bylaws | No | Yes |
| Continuing Resolutions | No | Yes |
Though congregations only need synod approval when amending constitutional provisions, the synod is required to review all governing documents (Articles of Incorporation, Constitution, Bylaws, and Continuing Resolutions) before approving constitutional amendments.
In accordance with ELCA Constitution 9.52. and ELCA Constitution 9.25.b., the synod is primarily looking for two things:
If there are issues with either of these two items, the synod is constitutionally bound not to approve the changes. No synod likes doing that. When congregations include the synod in the process from the beginning, these problems can be avoided.
Synods are also constitutionally bound by ELCA Constitution 9.53.03. to respect the independence of each congregation to structure itself in any way it sees fit. If the issue isn't with either of the above two items, the synod must respect the congregation's desires.
Beyond required provisions not matching the Model, the following tend to be the most common issues blocking synod approval:
If the issue is that the required provisions do not exactly match the Model Constitution, the amendment process for bringing the constitution into conformity is rather simple. One congregation meeting, possibly a brief special meeting called for this purpose, could resolve all the issues.
If the issue is in a bylaw or continuing resolution (when approving constitutional changes, the Synod must also review bylaws and continuing resolutions), these are also relatively easy to resolve.
If the issue is a conflict with ELCA governing documents and in a constitutional provision, the congregation will unfortunately have to start from scratch in the amendment process. For constitutional amendments, this means fixing the issue will take two more votes by the congregation before the synod can approve any of the changes. This is why it is important to include the synod in the process from the very beginning.