Laws Regarding Religious Societies
Every congregation in the ELCA is incorporated, meaning they are legal corporations in their respective state. As corporations, congregations in Wisconsin are governed by Chapter 187: Religious Societies and, by extension in 187.01 (2), Chapter 181: Nonstock Corporations of the Wisconsin Statutes. These statutes include:
In Wisconsin, nonprofit corporations are required to have two things:
For legal purposes, ELCA constitutions serve as bylaws. Whenever Wisconsin law refers to "bylaws", it is describing a congregation's constitution, not their bylaws.
Incorporation documents in Wisconsin are extremely simple. 187.01 (2) outlines the basic language a religious society needs to include.
The following example is a copy of Wisconsin's Articles of Organization language for religious entities.
Know all by these presents: That the undersigned (insert the names of the signers) and those who are or may become associated with them for the purposes herein specified have organized themselves into a religious society of the Evangelical Lutheran Church in America (or its legal successor), located in (name of town, village or city), in the county of (name of county), and state of Wisconsin, for religious, charitable and educational purposes, which society shall be known and incorporated by the name of (here insert the name).
All pastors and some deacons are mandated reporters according to 48.981 (2) (bm). However, there is an exception in 48.981 (2) (bm) 3 protecting confidential communications, such a during individual confession and forgiveness.
As mandated reporters, rostered ministers in Wisconsin should take mandated reporter training. Training Such training should be renewed every few years.
Make sure provisions in this chapter are aligned with Chapter 181. Subchapter VII.
If the congregation has more than one regular meeting per year, 181.0701 (4) states that the annual meeting is when the annual report is presented, including a report on the financial conditions of the congregation, and 181.0804 implies that normally the annual meeting is the meeting at which the voting members of the Congregation Council are elected.
181.0705 specifies how notice of congregational meetings may be made.
If quorum is not specified here, 181.0772 defines quorum as 10 percent of the voting membership.
Unless otherwise specified in the congregation's Constitution, 181.0707 describes how to determine who is entitled to vote at meetings.
Though not recommended by the Model Constitution, 181.0724 specifies how proxy voting may occur.
At best, Wisconsin law is silent on holding member meetings by remote communication, such through a video conferencing platform. At worst, occasional language of "in person" could imply that meetings must be in person. If a congregation desires to hold remote meetings, it is best that it be explicitly stated in their constitution. Many other states require a means of meeting where all entitled to speak can hear everyone else and be heard by everyone. "Simultaneous aural communication". If permitting remote communication, it is important to make sure all can fully participate.
Wisconsin statues do not specify who the presiding officer is. Every congregation should explicitly name the presiding officer (this will likely happen in Chapter 9 or 11, depending on if it is the pastor or the president).
Make sure provisions in this chapter are aligned with Chapter 181. Subchapter VIII.
Congregations are required to have a president, secretary, and treasurer. A person may hold multiple offices. 181.0840
Wisconsin law states that officers are appointed by the board. Because multiple laws make this assumption, congregations should probably adopt the same practice. 181.0840
Make sure provisions in this chapter are aligned with Chapter 181. Subchapter VIII.
Wisconsin's only requirement for a board member is that they be an individual. 181.0802
Though Wisconsin uses the term "board of directors" in Chapter 181, Chapter 187 takes priority, where the board of religious societies are called a "board of trustees". Chapter 187.01 (3)
See the information for *C9.04. above for details concerning mandatory reporters.
Wisconsin statues do not specify who the presiding officer is. Every congregation should explicitly name the presiding officer (this will likely happen in Chapter 9 or 11, depending on if it is the pastor or the president).
Wisconsin sets out clear guidelines on indemnification, but congregations may add additional rights to indemnification or put restrictions on indemnification. 181.0871 and foreward (through 181.0889).
This is also the place to put a limitation of liability clause, if deemed necessary. 187 Subchapter III.
Example: Marquette University includes a chapter on Indemnification and Limitation of Liabilities at the end of its bylaws.