Constitution and By-Laws
St. John Evangelical Lutheran Church
Townsend, Wisconsin
Revised October 13,2003
Preamble
Whereas, according to the will of God, it is the duty of Christians:
A. To fellowship with those who confess the true faith (Acts 2:42-47, Hebrews 10:24-25, 1 John 2:19, 1 Corinthians 1:10-11);
B. To endeavor to keep the unity of the Spirit in the bond of peace (Ephesians 4:3-6);
C. To administer the Office of the Keys as a body (Matthew 18:17, John 20:22-23);
D. To conduct all the internal and external affairs of such body "decently and in order" (1 Corinthians 14:40);
Therefore we, in agreement with the principles outlined above, declare ourselves united as a congregation and herewith accept and subscribe to the following Constitution and By-Laws, in accordance with which all spiritual and material affairs of our congregation shall be governed.
Article I-Name
The name of this congregation shall be Saint John Evangelical Lutheran Church, located at Townsend, Wisconsin
Article II-Affiliation
This congregation shall be affiliated with the Lutheran Church-Missouri Synod.
Article Ill-Purpose
The purpose of this congregation shall be to serve its members and to spread the kingdom of God by preaching the Word of God, by the administration of the Sacraments, and by the religious instruction of youth and adults, according to the confessional standard of the Lutheran Church (Article IV), and to foster Christian fellowship and charity.
Article IV-Confession
This congregation acknowledges and accepts:
A. All the canonical books of the Old and New Testaments as the revealed Word of God, inspired by the Holy Spirit, and as the only rule of faith and life; and.
B. The Confessional Writings of the Lutheran Church contained in the Book of Concord of the year 1580, as the true and genuine eposition of the doctrines of the Bible. These Confessional Writings are the Apostle's, Nicene. and Athanasian Creeds, the Unaltered Augsburg Confession, the Smalcald Articles, Luther's Large and Small Catechisms, and the Formula of Concord.
Article V-Membership
The membership of this congregation consists of the following:
A. Baptized Membership
The baptized membership includes all adult members who have been baptized; also baptized children who have not publicly affirmed their baptismal vows.r
B. Communicant Membership
The communicant membership consists of those:
1. Who are baptized;
2. Who accept all cononical books of the Old and New Testaments of the Holy Bible as the only divine rule and standard of faith and
3. Who have been instructed in the Biblical teaching of the Lord's Supper as included in Luther's Small-Catechism and have declared their acceptance of it;
4. Who permit themselves to be admonished and corrected when they have erred in accordance with Scripture, and who submit to the rules and regulations adopted by this Congregation, provided these are not contrary to God's Word:
5. Who are not members, affiliates, or supporters of societies of other organizations conflicting with the Word of God.
C. Voting Membership
The voting membership consists of all confirmed members who are at least 18 years of age, have read and signed the Constitution and By-Laws.
Article VI-Responsibility of Members
It shall be the priviledge and responsibility of all members of this congregation:
A. To make faithful and dilligcnt use of ihe "Word of God and the Sacrament:
1. By attendance at divine services;
2. By partaking ofthc Lord's Supper, if a communicant;
3. By Bible study;
4. By the use of the educational opportunities provided by the congregation.
B. To lead a Christian life, and not to live in manifest works of the flesh (Galatians 5:19-\par 21).
C- To contribute regularly }{\i\f2\fs12 find }{\fs12 faithfully, as God has prospered them, toward the building\par of God's kingdom.
D. To devote their time and talents to the extension of the kingdom of God.
E. To attend meetings of the Voters' Assembly.}
Article VII-Powers of the Congregation
A. General
The congregation as a body, through the Voters' Assembly, shall have supreme power to administer and manage all its external and internal affairs. The establishment and conduct of all institutions and organizations within the congregation, such as a parochial school, Sunday School, youth societies, ladies' organizations, choir, etc., shall at all times be subject to the approval and supervisions of the congregation. The congregation, however, shall not be empowered to decide anything contrary to the Word of God and the Confessions of the Lutheran Church (Article IV), and any such decisions shall be null and void.
B. Right of Calling
The right of callilng pastors, teachers, and other servants of the Word shall be vested in the congregation. They shall be called by the congregation in a regular or special meeting of the Voters' Assembly.
C. Decisions
Matters of doctrine and conscience shall be decided by the Word of God; other matters shall be decided by the Voters' Assembly by a majority vote unless otherwise specified by the Constitution and By-Laws.
D. Property Rights
All rights to the property of the congregation are vested in the congregation. Should dissension and strife arise which the congregation cannot bring to a peaceful conclusion, it shall seek, the advice and assistance of the Lutheran Church-Missouri Synod, with which it is affiliated. If even then a separation or division cannot be avoided, the property of the congregation and all the benefits therewith connected shall remain with those members of the congregation who continue to adhere to the Confessions mentioned in Article IV. In the event of a dispute by all parties as to adherance to the Confession mentioned in Article IV, this shall be resolved by submitting the matter to the proper Synodical channels.
Article VIII-Offices of Pastor and Teacher and Other Servants of the Word
The office of Pastor in this congregation and that of a called teacher or other servants of the Word shall be conferred only upon such ministers, teachers, and candidates who profess and adhere to the confessional standard set forth in Article IV of this Constitution, and have been declared eligible by Synod. Pastors, teachers, and other servants fo the Word shall, the call extended to and accepted by them, be pledged to this confessional standard.
Article IX-Officers
A. General
The officers of this congregation shall be such officers, boards or committees as the By- Laws of this congregation may prescribe.
B. Powers of Officers
Congregational officers or committees, whether elected or appointed by the voters, shall have no authority beyond that which has been conferred upon them, and whatever power may have been delegated to them may at any time be altered or revoked by the voters.
C. Removal From Office
Any officer, pastor, teacher, or servant of the Word may be removed from office by the congregation in a Christian and lawful order, for one of the following reasons; persistent adherence to false doctrine, scandalous life, willful neglect of his duties, or inability to perform them.
Article X-Doctrinal Literature
Only such hymns, prayers, and liturgies shall be used in the service of the congregation and in all ministerial acts that conform to the confessional standards of Article IV. Likewise, in all classes for instruction in Christian doctrine, only such books shall be used that conform to this standard.
Article XI-Amendments
Amendments to this Constitutions and By-Laws, and any changes in the Articles of" Incorporation may he adopted at a regular or special meeting of the Voters' Assemble, provided:
A. That they do not conflict with the provisions laid down in Article IV. or with any\par section of any other article that pertains to scriptural doctrine and practice; and,
B. That the proposed amendment has been submitted in writing at a previous meeting of\par the Voters' Assembly; and,\par
C. The affirmative of a two-thirds majority of the voting members present at the meeting\par of the Voters' Assembly shall be required for the adoption of an amendment; and,\par
D. That the proposed amendment be publicly announced at two previous services prior to\par the "Voters' Meeting.\par }
Article XII-By-Laws
This congregation shall adopt such By-Laws as may be required for the accomplishment of its purpose
By-Laws
Article I-Membership
Admission Into Membership
A. Baptized Membership
1. By Baptism
Persons received by the sacrament of Baptism in this congregation become baptized members, except for children of parents who belong to another congregation.
2. By Transfer
Baptized persons coming with a letter of transfer from a congregation in church fellowship may be received into baptized membership by the Pastor.
3. By Request
Other baptized persons who have no-church affiliation and who come under the spiritual care of this congregation may be received into baptized membership by the Pastor.
B. Communicant Membership
1. By Instruction
Children (5th grade and above) who have been instructed in the Biblical teaching of the Lord's Supper as included in Luther's Small Catechism and have accepted these teachings, shall become communicant members.
2. By Transfer
Persons coming with a communicant letter of transfer from a congregation in\par church fellowship may be received by the Pastor, whose action is to be approved\par in a subsequent meeting of the Voters' Assembly.
3. By Profession of Faith
Other persons shall submit their application to the Pastor or an elder and, after a course of instruction in the Christian faith taught by the Pastor, shall be received as communicant members. This action is to be submitted for approval in a subsequent meeting of the Voters' Assembly.
C. Voting Membership
1. Reception
The applicants for voting membership shall give notice of their intention to the Pastor or one elder, and shall read a copy of the Constitution and By-Laws of the congregation, which shall be furnished them. At a subsequent regular or special meeting of the Voters' Assembly, the Pastor shall present such applications. Upon unanimous vote of the voting members present, they shall sign the Constitution and By-Laws of the congregation and be declared voting members.
2. Responsibilities
It shall be the responsibility of members to attend the meetings of the Voters' Assembly. They shall accept nomination for office, committee appointments, etc., if possible, and generally participate in the business activities of the Voters' Assembly. By failing to attend a meeting, members waive their right to cast their vote during the meeting.
Termination of Membership
A. Baptized and Communicant Membership
1. Transfer to other Congregations
Members desiring to join a congregation in church fellowship shall present their request for a transfer to the Pastor, to whom authorization is given to consider such request, and to issue a transfer. Such action shall be reported to the Voters' Assembly in a subsequent meeting.
2. Joining Other Churches
In cases where members have joined another congregation outside of our own fellowship, they shall, upon the recommendation of the Pastor, be considered such as have terminated their membership, and their names shall be removed from the membership list by a resolution of the Voters' Assembly.
3. Whereabouts Unknown
If members move away or leave this congregation without applying for a release or transfer, and no contact with them can be established within a year, their names shall be removed from the membership list by the Board of Elders, and forthwith such membership is terminated.
4. Self-Exclusion
Members who have abstained from worship and have not fulfilled their responsibilities as members according to Article VI of the Constitution for a period of one year or more shall have their names removed from the membership\par list by the Board of Elders, if warranted. This action shall be reported in a subsequent Voters' Assembly. Such persons may have their membership\par reinstated when membership responsibilities are resumed.
5. Excommunication
Members who conduct themselves in an un-Christian manner shall be admonished according to Matthew 18:15-20. If, after proper admonition, they refuse to amend their sinful life, they shall be excommunicated. If the members refuse to appear at the Voters' Assembly or to meet with a smaller group acting for the voters to discuss their case, they have thereby excluded themselves. A unanimous vote shall be required for every resolution by the Voters' Assembly for excommunication. Excommunication terminates membership; however, the congregation shall continue to show love and concern for the spiritual welfare for a person thus removed. When such excommunicated persons repent of their sins and seek forgiveness from God and the congregation, they shall be reinstated.
6. Status
Persons whose membership has been terminated have forfeited all rights of a member of this congregation and all claims upon the property of the congregation such as, or upon any part thereof, so long as they are not reinstated into\par membership.
B. Voting Membership
Voting membership is terminated by termination of communicant membership.
Article II-Meetings
A. The Voters' Assembly shall meet for its Annual Meeting during the month of November. At this meeting voters shall adopt a budget for the following year, elect officers and Board members, and approve a program of ministry and activities for the following year. The voters shall also hear reports from the various individuals,'Boards and Committees responsible for carrying out the directives of the congregation.
B. The Annual Meeting of the Voters' Assembly shall be announced in all church services on the preceeding two Sundays. Whenever a meeting has been thus announced, the voting members present constitute a quorum. In all matters not already decided by the Word of God, the majority rules, except in the case of amendments and changes as specified in Article XI of the Constitution.
C. Special meetings of the Voters' Assembly may be called by the Board of Elders or by the Pastor, or by the president of the congregation, as the need arises. Special meetings of the Voters' Assembly and their prupose shall be announced in at least one public service or by a mailing to the membership.
Article Ill-Calling of Pastors, Teachers and Other Servants of the Word
A. In case of a vacancy in the position of the Pastor, teacher, or other servants of the Word, the congregation is urged to immediately notify the president of the district of Synod, and/or Circuit Counselor, that they may assist in filling the vacancy:
1. By giving counsel in regard to the calling of a new Pastor or teacher or servant of the Word;
2. By suggesting names of candidates for consideration.
B. At a meeting of the Voters' Assembly properly convened, names of candidates for the office of Pastor, teacher or other servant of the Word shall be submitted for consideration. Any voter is entitled to make nominations.
C The election of a Pastor, teacher, or other servant of the Word from the list of candidates chosen by the congregation shall be by ballot. The candidate receiving more than half of all votes cast shall be considered elected. The election shall, if possible, be made unanimous by a rising vote, and the call shall be sent to the Pastor, teacher, or other servant of the Word elect.
D. By a majority vote it may be decided to make application through the president of District to our seminaries or teachers' colleges for a candidate to fill the vacancy. Such vote shall be by ballot.
Article IV-Election of Congregational Officers
The president shall appoint a Nominating Committee who shall present a slate of candidates for the various offices. Additional nominations may be made from the floor with the consent of the nominee. Officers shall be elected for terms specified in these By-Laws, and shall hold office until their successors have assumed office. The elected officers shall assume their respective duties on or about January first, following their public installation. The election shall take place at the Annual Meeting of the Voters' Assembly.
Women voting members may hold the offices of Secretary, Treasurer, Financial Secretary, Assistant Financial Secretary, members of the Board'of Trustees, and Sunday School Superintendent.
Article V-Officers
The officers of this congregation shall be: President, Secretary, Treasurer, Financial Secretary, Assistant Financial Secretary, Board of Elders, Board of Trustees, and other such offices and boards as may be necessary to effictively promote and carry out the work of the church. All officers must be at least 18 years of age or older.
Article VI-Board of Administration
The Board of Administration shall be composed of the President of the Congregation, the Secretary, the Treasurer, the Financial Secretary, The Chairman of the Board of Elders, The Chairperson of the Board of Trustees, and the Chairperson of such other Boards as may be chosen in accord with Article V of the By-Laws. The Pastor and Minister of Education, Youth and Music shall be ex-officio members of the Board of Administration.
It shall be the duty of the Board of Administration to meet regularly to consider and discuss all matters pertaining to the spiritual and material welfare of the congregation, to ensure that the programs and directives of the Voters are being carried out, and to discuss plans and ideas for future ministry of the congregation. Such ideas and/or suggestions shall be made to the appropriate Board and/or Committee for its consideration and possible recommendation to the Voters' Assembly at its Annual Meeting. The Board of Administration shall present a proposed congregational budget to the Voters at the Annual Meeting, as well as a slate of candidates for various officers and board or committee members. The Board of Administration shall annually appoint an auditing committee.
Article VII-Terms of the Officers
A. The term of the Office of President, Secretary. Treasurer, and Financial Secretary and\par Assistant Financial Secretary shall be three years.
B. Members of the Board of Elders, Board of Trustees, and other Boards shall be elected for a\par term of three years, approximately one third of the members to be elected each year.
C. Officers may continue to serve for an unlimited time until he/she desires to retire or another\par person is elected.
D. If any office becomes vacant in the course of a term, the Board of Administration is to appoint a successor who is to serve in that capacity until the next annual election.
E. Officers may serve more than one term without a break in service, if so elected by the voters.
Article VIII-Duties of the Officers
A. President and Vice-President
The President shall preside at all meetings of the Voters' Assembly and of the Board of Administration and see to it that all meetings are conducted in an orderly and Christian manner. In the absence of the President, the Vice-President (Chairman of the Board of Elders) shall perform the duties of the President. In the event of a vacancy in the office of the President, the Chairman of the Board of Elders shall succeed to the Office of President for the remainder of the term.
B. Secretary
The Secretary shall keep accurate minutes of the meetings of the Voters' Assembly and of the Board of Administration for the permanent records of the congregation, submit such records for approval, and shall perform other duties in keeping with the office.
C. Treasurer
The Treasurer shall promptly pay all bills and salaries authorized by the congregation, and shall make regular monthly remittances of mission offerings to the District Treasurer. Accurate records of receipts and disbursements of the congregation shall be kept in books which shall be and remain, the property of the congregation. All of these books shall be audited annually, and a report of such report shall be submitted to the congregation. The Treasurer shall submit a report at each Board of Administration and Voters' Assembly meeting.
D. Financial Secretaries
It shall be the duty of the Financial Secretaries to receive, record in books kept for that purpose, and deposit in the congregation's designated depository all congregational moneys, including individual offerings and contributions, special collections, loans, subsidies, bequests, etc. A report of all receipts shall be submitted to the Treasurer at regular weekly intervals. The Financial Secretaries shall prepare a report for each meeting of the Voters' Assembly and Board of Administration. The congregation may elect as many assistants to the Financial Secretaries as necessary. With the Financial Secretaries, they shall constitute the Board of Finance. The books and records of the Financial Secretaries shall be audited annually. The Financial Secretaries shall be bonded.
E. Board of Elders
The Board of Elders shall consist of six members. They shall organize annually and elect a chairman and secretary. They shall:
1. Assist the Pastor in all matters pertaining to the spiritual welfare of the\par congregation.
2. Consider complaints and grievances of members of the congregation if Matthew 18:15-16 has been fully observed, and shall report to the congregation those which cannot be otherwise adjusted, in accordance with Matthew 18:17-18.
3. Make every effort to encourage members who have been negligent in their attendance at services and in the use of the sacraments, to fully exercise\par the rights and privileges of their membership.
4. Be an example of Christian conduct and life.
5. See to it that all services are conducted in good order.
6. Assist the Pastor in arranging for pulpit assistance, special services, and guest speakers.
7. See to it that proper ushering is provided for all services.
8. Annually audit the congregational record books as kept by the Pastor.
9. Arrange for assistance in the distribution of Holy Communion.
F. Board of Trustees
The Board of Trustees shall consist of six members who shall organize annually and elect a chairman and secreatry. The Trustees shall be the legal representatives of the congregation and the custoians of all its property, including all valuable papers such as deeds, documents, insurance policies, certificates of incorporation, etc. They shall keep a careful record of all transactions and submit a report. They shall make loans for the congregation when authorized by the congregation to do so. In short, they are to transact all business of the congregation assigned to them by the Voters' Assembly. The congregation is to be directly responsible with its property for whatever the Trustees do, in conformity with its resolutions and instructions, and in no case permit the Trustees to suffer any personal loss whatsoever. When any individual member or group of members wishes the use of the grounds and/or buildings for a non-church or non/church organizational related function, permission must first be obtained from the Board of Trustees.
G. Other Boards
As the congregation finds need, other Boards shall be elected by the recommendation of\par the Board of Administration. The membership term of office and duties of such Boards shall be decided at such time. Until such time as the need is felt for a separate Board, the Board of Administration shall carry out the functions of such Board(s), i.e., Board of Evangelism, Board of Parish Education., Board of Stewardship, Planning Council, etc.
Article IX-Changes in Regulations
The Voters' Assembly may from time to time adopt, alter, or amend rules and regulations for the guidance of officers and committees in their work.
Article X-Order of Business
The following shall be the order of business for the regular meetings of the Voters' Assembly:
1. Prayer
2. Registration of Voters
3. Reading of Minutes
4. Admission of New Members
5. Transfer and Releases
6. Report of Officers and Boards
7. Unfinished Business
8. New Business
9. Adjournment
10. Prayer