Proposed amendments to Our Congregation's Constitution

This page provides an example of how proposed updates for alignment to the updated ELCA model constitution approved at the August, 2009 Churchwide Assembly might be handled, based on what was used at Christ the Good Shepherd Lutheran Church of San José. Note that this assumes that your constitution is reasonably up-to-date. Note also that your next for C12.01. will need to be customized to reflect your congregation's situation.

At the ELCA Churchwide Assembly in Minneapolis, several updates to the ELCA Model Constitution for Congregations were approved. Our church council has reviwed these updates, and recommends that we update our own constitution accordingly. The timeline for these updates would be:

• Proposal submitted in writing to a meeting of congregational council.
• This summary and council recommendations mailed to all members. To reduce postage and printing costs, this could happen in our monthly newsletter.
• Vote at Congregational meeting. If approved, all items for alignment with the ELCA model constitution would take effect immediately. (Actual date should be given.)
• Ratification at Annual meeting of the amendment to C12.01, which differs slightly from the ELCA model constitution to reflect our congregation's circumstances.
• Six months later (actual date should be given): Changes to C12.01 would take effect, if ratified.

The items listed below could be voted separately or en bloc. It's probably simplest to consider everything except C12.01 in a single vote, and then vote on the update to C12.01, since these would take effect at different times. In the text below, additions are identified with underlining, and deletions are identified with strikethrough. These materials are also available from the church office or on the website.

1. Items which are simply for alignment with the ELCA model constitution for congregations. Our Congregation Council recommends approval of each of these amendments. If approved, these would go into effect immediately.
   1. To amend *C6.06 to make the process for relocation parallel to the process for establishment of additional sites for worship:

      *C6.06. If this congregation considers relocation, it shall confer with the bishop of the synod in which it is territorially located and the appropriate program unit of the churchwide organization before any steps are taken leading to such action. The approval of the Synod Council shall be received before any such action is effected.

   2. To add *C6.07 to provide an interdependent process for the establishment of additional sites for worship:

      *C6.07. If this congregation considers developing an additional site to be used regularly for worship, it shall confer with the bishop of the synod in which it is territorially located and the appropriate program unit of the churchwide organization before any steps are taken leading to such action.

   3. To amend *C9.05 to provide for the termination of a call when a parish arrangement terminates. This is a rather lengthy section, so portions remaining unchanged have been marked with ellipses.

      *C9.05.

      a. The call of a congregation, when accepted by a pastor, shall constitute a continuing mutual relationship and commitment, which, except in the case of the death of the pastor, shall be terminated only following consultation with the synodical bishop and for the following reasons:

      ...

      6) the dissolution of the congregation or the termination of a parish arrangement; or

      ...

   4. To amend C12.03 to make it consistent with C12.02:

      C12.03. 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. Individuals who have served less than one-half of a regular term shall be eligible for nomination and possible election to a full term.

   5. To amend *C15.02. to reflect the reality that a member cannot be compelled to appear:

      *C15.02. The process for discipline of a member of the congregation shall be governed as prescribed by the chapter on discipline in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America. If discipline against a member proceeds beyond counseling and admonition by the pastor, charges against the accused member(s) that are specific and in writing shall be prepared by member(s) of the congregation who shall sign the charges as the accuser(s). The written charges shall be filed with the pastor, who shall advise the Congregation Council of the need to issue a written citation to the accused and the accusers that specifies the time and place of the hearing before the Congregation Council. The written charges shall accompany the written citation to the accused. A member charged with the offense shall appear before the Congregation Council after having received a written citation, at least ten days prior to the meeting. The written citation that specifies the time and place of the hearing before the Congregation Council and requests the presence of a member charged with the offense shall be sent at least ten days prior to the meeting. If the member charged with the offense fails to appear at the scheduled hearing, the Congregation Council may proceed with the hearing and may pass judgment in the member's absence.

   6. To add *C20.04 to make explicit what happens to a call when a parish dissolves:

      *C20.04. Whenever a parish arrangement is terminated, the call of any rostered person serving that parish is terminated. Should any congregation that formerly was part of the parish arrangement desire to issue a new call to that rostered person, it may do so in accordance with the call process of this church.

2. This item differs slightly from the ELCA model text, although the change follows the spirit of the changes to the ELCA model. Our council recommends a vote of "yes". If approved, and ratified without change at our annual meeting, and not rejected by during synod review, this would go into effect six months after the annual meeting. The proposal is to ammend C12.01 to allow for expanded roles for youth and young adults in the governance of all expressions of this church:

   C12.01. The voting membership of the Congregation Council shall consist of the pastor(s), the officers of the congregation, and not more than 20 nor fewer than 9 members of the congregation. at least one of whom should be a youth and at least one of whom should be a young adult. The actual size shall be determined by the Council as stated in the Continuing Resolutions. Any voting member of the congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office. 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, the congregation may adopt procedures for the removal of a member of the Congregation Council in other circumstances.