Getting Started

What to do when planning to amend the constitution

Note: A simple checklist and timeline have been created to help congregations walk through this process.

Work Together

Whether it's called a team, a committee, a task force, or something else, organize a group to do this work. When shaping the governing documents of the congregation, it is always better when multiple voices are part of the work.

Most amendments to the governing documents require the approval or recommendation of the Congregation Council. If those seeking to amend the constitution are not part of the Congregation Council, it is best to bring the Congregation Council onboard as early as possible.

Note: One of the ideals of the ELCA is fair and equitable representation in all groups in this Church, particularly of those who have been historically underrepresented, such as women, people of color, and youth. Make sure this group is representative of the congregation or finds ways to include diverse voices.

Contact the Synod

No matter what is being amended, it is best to include the Synod in the process as early as possible. Contact the synod office, and they will put you in contact with the constitution review committee.

The synod's constitution review committee can best help you if you provide them the following information:

The name and location of the congregation.
The name and contact information of the person chairing the amendment process.
A copy of all current governing documents:
1. Articles of Incorporation or Charter,
2. Constitution,
3. Bylaws, and
4. Continuing Resolutions.
The type(s) of amendments being planned:
1. Amend Articles of Incorporation,
2. Amend Constitution to conform to the Model Constitution for Congregations,
3. Amend Constitutional Provisions,
4. Amend Bylaws, and/or
5. Amend Continuing Resolutions.
The planned date of the meeting(s) when the amendments will be voted upon.

Note: Synods are here to help congregations, but they also have certain requirements before they can approve amendments. Check out the section on getting synod approval to learn more.

Get the Latest Model Constitution

Whenever any changes are being made to constitutional provisions, the congregation is required to bring the whole constitution into conformity with the latest Model Constitution for Congregations. Even if the plan is to amend only bylaws or continuing resolutions, it is always a good idea to update the constitution to the latest Model while at it. Go to the ELCA Office of the Secretary to get the latest revision.

Note: The Model Constitution is revised every Churchwide Assembly. Churchwide Assemblies happen every three years. If the constitution hasn't been updated in the past three years, then it definitely needs to be updated.

Review the Articles of Incorporation

The congregation's Articles of Incorporation or Charter is, legally, the most important governing document, over and above the Constitution. Every time the Constitution is updated, the Articles of Incorporation should be reviewed at the same time. It is important that your Articles of Incorporation accurately describe your congregation.

Warning: The failure of congregations to maintain their incorporation documents can and has led to legal issues.

Note: Please remember that ELCA bylaw 9.53.03. requires the approval of the Synod before submitting amendments to the State.

Review State Laws

Each state has different laws applicable to nonprofit corporations. If the resources aren't available on this site, find your state's nonprofit corporation laws and have them readily available.

Break the Work into Smaller Tasks

Congregations don't have to cover every issue at the same time. It is always better to get one section or topic done well and completed than to try to do everything at once.

Note: The section on priorities can be a great help in determining where to focus first.

Review the Amendment Process

Read chapters 16-18 of your Constitution. Note the different requirements for amendment between each type of provision, including the different requirement for conforming to the Model Constitution versus other constitutional changes, and the deadlines for submitting amendments.

Plan Your Completion Date

Most amendments require a meeting of the congregation. Work with the Congregation Council to set a target meeting date so goals can be set and the work progresses according to the required timeline for amendment. One of the most annoying moments comes when a congregation wants to address something at the upcoming meeting, only to realize that the time for proposing such amendments has already passed.

Note: The timelines on this site can help congregations plan their way through the amendment process.