St. Paul Lutheran Church’s Constitution
Preamble
Whereas the Holy Scripture, I Corinthians 14:40, admonishes us to do all things decently and in order, therefore we, the undersigned, do hereby adopt this constitution and determine the discipline and the rules according to which the affairs of this congregation shall be conducted and its temporalities administered.
Article 1: Congregation Name
The name of this congregation shall be St. Paul Lutheran Church. It is incorporated as a non-profit corporation under the Corporation Code of the State of New Jersey.
Article 2: Confession
This congregation holds all the canonical books of the Old and New Testaments to be the inspired Word of God and the sole rule of faith and life.
It accepts all the Symbolical Books of the Evangelical Lutheran Church contained in the Book of Concord of the year 1580 viz., the Ecumenical Creeds, the Apostolic, the Nicene and the Athanasian, the Unaltered Augsburg Confession of 1530, the Apology of the Augsburg Confession, the Catechisms of Luther, the Smalcald Articles and the Formula of Concord as a correct and sound exposition of the Christian doctrine taken from and in full accord with the Holy Scriptures.
Accordingly no doctrine which conflicts with or sets aside the foregoing norm of doctrine shall be taught or tolerated in the congregation.
Article 3: Synodical Affiliation
This congregation shall be affiliated with the Lutheran Church-Missouri Synod so long as the confessions and constitution of the said Synod are in accord with the confession and constitution of this congregation, as laid down in Article 2.
Article 4: Membership
Section 1: Communicant Membership
Only such persons shall be communicant members of the congregation who have:
- Been baptized in the name of the Triune God;
- Signified their acceptance of the confessions of this church;
- Been accepted into communicant membership in accordance with the By-Laws of this congregation.
Section 2: Voting Membership
All communicant members, including the Pastor/Pastors, who have attained the age of 18 years, are members of the Voters Assembly.
Article 5: Power Vested in the Congregation
This congregation shall have the supreme power in the control and custody of all its real and personal property, temporalities and revenues and in the administration of its ecclesiastical affairs in accordance with the Word of God and the Symbols of the Lutheran Church.
Article 6: Rights to Property in Case of Schism
If at any time a separation shall take place in this congregation the real and personal property of the congregation, its temporalities and revenues and all rights and benefits therewith connected shall be vested in those members who adhere to Article 2 and Article 3 of this constitution.
Article 7: Pastoral and Teaching Offices
The pastoral office in the congregation shall be conferred only upon such ministers or candidates for the reverend ministry who profess acceptance of, and pledge faithful adherence to, the confession of this congregation as set forth in Article 2. The called teachers of the congregation shall likewise conform with this requirement.
Article 8: The Church Council
The Board of Trustees:
There shall be three (3) Trustees and they shall select one of their own number to act as Chairman of the Board of Trustees.
The Board of Elders:
There shall be three (3) Elders and they shall select one of their own number to act as Chairman of the Board of Elders.
The Board of Deacons:
There shall be three (3) Deacons and they shall select one of their own number to act as Chairman of the Board of Deacons.
There shall be one (1) President, one (1) Vice President, one (1) Treasurer, one (1) Financial Secretary and one (1) Recording Secretary.
All of the aforementioned Board members and Officers shall be elected in accordance with the By-Laws of this congregation.
The Chairmen of the Boards of Evangelism, Stewardship, Christian Education and Social Ministry shall be appointed by the President-elect, subject to the approval of the voters at the Annual Voters Meeting.
The Pastors shall be members of the Church Council by virtue of their office.
The President of the Ladies Guild shall be elected by the Ladies Guild.
Regular meetings of the Church Council shall be held monthly and notice of such meeting shall be given in accordance with the By-Laws.
Special meetings of the voting members may be called and notice thereof must be given pursuant to the provisions of the By-Laws.
Article 10: Amendments
This constitution may be amended by the affirmative vote of two-thirds (2/3) of the voters present in two consecutive meetings, following the meeting in which the amendment is proposed. To each eligible voter written notice shall be given, embodying the proposed amendment, together with the place, dates and time at which the proposed amendment is to be acted upon. In no case, however, shall any amendment abrogating or conflicting with the confessions of this congregation be adopted.
By-Laws
Article 1: Communicant Membership
Section 1: Eligibility
- Any person desiring to be received as a communicant member of this congregation shall first give notice of his intention to the pastor who shall determine whether such applicant has been baptized in the name of the Triune God and whether such applicant is familiar with and acknowledges as his own the doctrinal confessions of the Evangelical Lutheran Church.
- If a candidate for communicant membership has been a communicant of another Evangelical Lutheran Church he shall submit a letter of transfer whenever possible from such other congregation.
- After the applicant has given satisfactory evidence of his eligibility in accordance with subdivisions “a” and “b” of this Article, his admission as a communicant member shall be recommended by the pastor to the Church Council who shall act upon such application.
Section 2: Duties and Privileges
It shall be the duty and privilege of the members of the congregation by faithful use of the Word and Sacraments to grow in faith and Christian life; to provide for the proper Christian training of their children by instruction at home and through the agencies of the church; to contribute toward the maintenance of the congregation and the extension of the Kingdom of God at large according as God has prospered them.
Article 2: Voting Membership
Section 1: Duties and Privileges
It is the responsibility of every voting member to attend Voters Assembly meetings. He should diligently evaluate his responsibility to accept nomination to elected or appointed offices or committees, and should generally participate in the business activities of the Voters Assembly.
Article 3: Meetings of the Voting Members
Section 1: Annual Meeting
The annual Corporate Meeting of the congregation shall be held annually on the fourth Monday in January.
Section 2: Special Meetings
- Special meetings may be called by the Church Council on its own motion.
- Special meetings must be called by the Church Council on the written request of at least (6) voting members, stating the business to be transacted.
Section 3: Notice of Meetings
- The Recording Secretary shall give written notice to all voting members of the time and place of each Voters Meeting.
- Notice of special meetings shall be given by President or the President’s representative at the divine services of the church on the Sunday preceding the meeting. In addition to such notice, written notice will be given whenever time permits.
Section 4: Quorum
A quorum required for purposes other than amendment of the Constitution or the By-Laws shall consist of the Voting members present, with a minimum of 30 people or 5% of the Voters Assembly, whichever is greater. Any action at such meeting shall be decided by a simple majority of such members present.
A quorum at any meeting of the voting members for the purpose of amending the Constitution or By-Laws shall consist of the voting members present, with a minimum of 30 people or 5% of the Voters Assembly, whichever is greater. Any action at such meeting shall be decided by a two-third (2/3) majority of such members present.
Article 4: Calling of a Pastor or Teacher
The election and calling of a pastor or teacher will take place in the following manner:
After consultation by the Church Council with the president or designated representative of the Synodical District, candidates for the pastorate or office of teacher shall be proposed to the voting members at their next regular meeting or at a meeting especially called for that purpose. At such meeting additional candidates may be proposed by the voting members. The voting members shall by ballot adopt a list of candidates and such list shall be publicly announced at two consecutive divine services. Thereafter the voting members, meeting in regular or special session, shall elect one of the proposed candidates by ballot and by simple majority.
Article 5: Election of Officers
At the first corporate meeting of the voting members they shall elect 1 Elder, 1 Deacon and 1 Trustee to hold office for one year; 1 Elder, 1 Deacon and 1 Trustee to hold office for three years. Thereafter, at each annual corporate meeting the voting members shall elect 1 Elder, 1 Deacon and 1 Trustee to hold office for a period of 3 years; and 1 President, 1 Vice President, 1 Treasurer, 1 Financial Secretary and 1 Recording Secretary to hold office for 1 year.
Elected members of the Church Council whose term of office is one year or less shall be permitted to be candidates for re-election.
At the regular quarterly meeting in April, the voters shall elect three members who shall constitute a Nominating Committee. The pastor shall be Chairman of the Nominating Committee.
The Nominating Committee shall nominate by ballot one or more members for each elective office to be filled and shall announce a list of candidates at the divine services two Sundays prior to the October regular quarterly meeting.
The election shall take place at the regular quarterly meeting in October. Nominations shall be permissible from the floor. After such nominations, if any, the election shall begin. This election shall be by secret ballot and shall be determined by simple majority. Three members shall be appointed by the Presiding Officer to act as tellers.
Article 6: The Church Council
Section 1: Authority
- The Church Council while in session shall be empowered with all the authority which might be exercised by the congregation except:
- Questions concerning doctrine.
- The office of Pastor.
- Final action on the purchase or sale of real estate or the construction of church buildings unless such authority shall be delegated by the congregation.
- Final adoption of the church budget until first passed upon by the congregation.
Section 2: Organization
- The President, Vice President, Treasurer, Financial Secretary, Recording Secretary, Trustees, Elders, Deacons and the Chairman of the Boards of Evangelism, Stewardship, Christian Education and Social Ministry and the Ladies Guild together with the Pastor/Pastors shall constitute the Church Council.
- For the express purpose of facilitating the prompt and orderly progress of Council meetings, the Church Council on its own motion may vote to adopt the Short Council form.
- The President, Vice President, Treasurer, Financial Secretary, Recording Secretary, Chairman of the Boards of Trustees, Elders, Deacons, Evangelism, Stewardship, Christian Education, and Social Ministry and the President of the Ladies Guild together with the Pastor/Pastors shall constitute the Short Council, with full powers granted the Church Council.
- The President, Vice President, Treasurer, Financial Secretary, Recording Secretary, Chairmen of the Boards of Evangelism, Stewardship, Christian Education, and Social Ministry and the President of the Ladies Guild together with the Pastor/Pastors shall have one (1) vote each in Short Council meetings. The Chairmen of the Boards of Trustees, Elders, and Deacons shall have three (3) votes each.
- Should the Short Council at any time, for any length of time, wish to return to the Church Council form as outlined in Section 2a, it may vote to do so on its own motion.
Section 3: Meetings
- Special meetings may be called by the President, with the knowledge of the Pastor/Pastors, by giving 24 hours notice thereof, personally or by mail, to the other members of the Church Council.
- Quorum:
- In Church Council form, a quorum shall consist of two-thirds (2/3) of the number of Church Council members.
- In Short Council form, a quorum shall consist of two-thirds (2/3) of the votes of the Short Council.
- Order of Business
- Scripture reading or prayer
- Reading of minutes
- Report of the Pastor/Pastors
- Reports of the Officers
- Reports of the Board Chairmen
- Reports of the Committee
- Unfinished Business
- New Business
- Adjournment with prayer
- Time of Meetings:
The Church Council shall set a time for the beginning of Church Council meetings. All members are required to be present at the stipulated time unless prevented by God’s Will. The President (or Presiding Officer) shall not open the meeting unless a quorum is present. If at any time during the course of a meeting the number of members falls below a quorum, the President shall adjourn the meeting immediately.
Section 4: Vacancies
The Church Council, in cases of death or resignation, shall have the power to fill a vacancy on the Church Council until the annual meeting, when a duly elected successor shall fulfill the unexpired term if necessary. Only members of the voting body may be nominated for and elected to such office.
Section 5: Discipline
Any member of the Church Council who neglects his office may be deposed by a two-thirds (2/3) vote of the Council members present at a regular Council Meeting. In such case, and in cases where an office is made vacant by excommunication, the Presiding Officer shall appoint a successor to serve until the Annual Meeting when a duly elected successor shall take office. In the case of the President being deposed, the Vice President shall become President and shall appoint a successor to fill the office of Vice President subject to Council approval.
Article 7: Duties of the Elders, Trustees and Deacons
Section 1: The Board of Elders
The Board of Elders shall assist the Pastor/Pastors in the spiritual care of the congregation, especially in brotherly admonition and discipline, in the cultivation of harmony and charity among the members, and in the promotion of the general welfare of the congregation and Christ’s Kingdom at home and abroad.
The Charity Fund of the congregation and its proper distribution shall be under their supervision.
They shall also have custody of the sacred vessels, altar furnishings, vestments and supplies, and render assistance necessary at baptisms and communion services.
They shall assist the Pastor/Pastors in obtaining pulpit assistance and in arranging special services.
Section 2: The Board of Trustees
The Board of Trustees shall have custody and control of the real and personal property, temporalities and revenues of the church and shall administer the same in accordance with the rules of the congregation for the support and maintenance of the congregation and of the religious, charitable, benevolent and educational activities conducted by the church and Synod with which this congregation is affiliated.
The Chairman of the Board of Trustees shall furnish the congregation with a surety bond in the amount of at least $1,500.00 to be paid for by the congregation. He shall be empowered to sign checks in the event the Treasurer is unavailable.
In addition to the foregoing powers, the Trustees shall exercise the powers conferred upon them by the laws of the State of New Jersey and by special authority of the congregation.
Section 3: The Board of Deacons
The Board of Deacons, together with the Pastor/Pastors shall have charge of all matters pertaining to the public services and repair and maintenance of the physical properties of the congregation. They shall act as ushers and, if necessary, appoint others to act as ushers with them. The Board of Deacons shall initiate, recommend and supervise necessary maintenance and improvement of the grounds and buildings and the contents thereof.
Article 8: Officers
Section 1: President
The President shall be the Executive Officer of the congregation. He shall preside at all meetings of the voting members and of the Church Council. He shall enforce the Constitution and By-Laws and otherwise perform the duties as pertain to the office. It is recommended that he use “Manual for Church Officers and Boards” Concordia 1961 or equivalent as a guide in determining these duties. He shall furnish the congregation a surety bond in the sum of at least $1,500.00 and such bond shall be procured and the premium paid by the congregation. He shall be empowered to sign checks in the event the Treasurer is unavailable.
Section 2: Vice President
In the absence of the President or in the event of his inability to function, it shall be the duty of the Vice President to act for and in the stead of the President.
Section 3: Treasurer
He shall receive all monies of the congregation from the financial secretary, keep a correct and true account of all transactions, have the custody of all funds and pay all bills and indebtedness of the congregation when properly authorized. All funds are to be deposited in the name of the congregation in a bank duly designated by it.
Such funds shall be subject to withdrawal for congregational and authorized purposes by check signed by the Treasurer or his delegate if unavailable.
He shall furnish the congregation a surety bond in the sum of at least $2,500.00 and such bond shall be procured and the premium paid by the congregation.
Section 4: Recording Secretary
The Recording Secretary shall faithfully keep and sign the minutes of all meetings of the voting members and of the Church Council and enter them in a permanent record. He shall also conduct all authorized correspondence and issue all official notifications. He shall have custody of the seal, books and other documents and papers of the congregation entrusted to him. He shall be present at all elections to establish the eligibility of the voters and certify the results of the elections. In general, he shall discharge all other duties pertaining to his office or delegated to him.
Section 5: Financial Secretary
It shall be the duty of the Financial Secretary to receive all monies of the congregation, keep an itemized account of all transactions, and remit promptly all monies received to the Treasurer against receipt. He shall render a report in the regular meetings of the congregation and the Church Council and an annual report in the annual corporate meeting. He shall be empowered to sign checks in the event the Treasurer is unavailable.
He shall furnish the congregation a surety bond in the sum of at least $1,500.00 and such bond shall be procured and the premium paid by the congregation.
Section 6: Books of the Officers
The books of the Recording Secretary, the Financial Secretary and the Treasurer shall be and remain the property of the congregation. The books of the Financial Secretary and of the Treasurer shall be audited at least once a year by a committee to be elected by the voters.
Article 9: The Boards of Evangelism, Stewardship, Christian Education and Social Ministry and the Ladies Guild
Section 1: Board of Evangelism
The term of office of the called members shall be two (2) years. They shall be permitted to succeed themselves if re-called.
It shall be the duty of the Board of Evangelism to plan, promote and carry out an effective and ongoing evangelism program, in the congregation and in the community.
Section 2: Board of Stewardship
The Board of Stewardship shall consist of a chairman appointed by the president and two (2) or more members called by the Church Council.
The term of office of the chairman shall be one (1) year. He shall be permitted to succeed himself if re-appointed.
The term of office of the called members shall be two (2) years. They shall be permitted to succeed themselves if re-called.
It shall be the duty of the Board of Stewardship to discover the talents of the membership and enlist them in the congregational program; sponsor stewardship talks, discussions, conferences, plays, movies, pageants, etc., in the congregation and its organizations; instruct the people of the congregation in the grace of proportionate giving; and supervise the raising of all funds within the congregation, including the Every Member Canvass.
Section 3: Board of Christian Education
The Board of Christian Education shall consist of a chairman appointed by the President and two (2) or more members called by the Church Council.
The executives, e.g., the Sunday School Superintendent, the Principal of the Christian Day School and other heads of teaching groups within the congregation, may be advisory members of the Board of Christian Education. They shall have no vote at meetings but may recommend action to be taken, subject to Board approval.
The term of office of the chairman shall be one (1) year. He shall be permitted to succeed himself if re-appointed.
The term of office of the called members shall be two (2) years. They shall be permitted to succeed themselves if re-called.
It shall be the duty of the Board of Christian Education to be supervisors of Christian education; and they shall plan, promote and labor for the maintenance and improvement of the Christian training of the congregation; and shall, subject to Council approval, select such executives of its programs as it deems necessary, exclusive of called teachers.
Section 4: Board of Social Ministry
The Board of Social Ministry shall consist of a chairperson(s) appointed by the President and two (2) or more members selected by the chairperson(s) and approved and called by the Church Council.
The term of office of the chairperson(s) shall be one (1) year, renewable if re-appointed.
The term of office of the called members shall be one (1) year, renewable if re-called.
The purpose of the Board of Social Ministry shall be to extend Christian compassion to the ill, the aged, the orphaned, the underprivileged, the imprisoned and, in general to persons of all ages in need of aid in body or soul. It shall strive to enlist in these efforts as many as possible of the individual members and organizations of the congregation and community, local and world, in order to bring the cleansing and healing light of Christian truth and action to bear upon critical problems through thoughtful Christian discussion of facts and issues.
Section 5: The Ladies Guild
The Ladies Guild shall consist of all confirmed women of St. Paul Lutheran Church.
The President, Vice President, Secretary, Corresponding Secretary, and Treasurer shall be elected by the membership of the Ladies Guild.
The term of the officers shall be one (1) year, renewable if re-elected.
The purpose of Ladies Guild shall be to unite all women in harmonious cooperation for missions, congregational service and personal Christian growth.
Article 11: Congregational Discipline
All discipline in this congregation shall be in accordance with the scriptural order of discipline as laid down in Matthew 18:15-20.
When a member of this congregation, after ineffectual application of Matthew 18:15-20, where such order is feasible, be excommunicated, or by evasion of discipline, excludes himself, such member thereby forfeits all rights and prerogatives of church membership. Such forfeiture shall be duly noted in the minutes of the voting members.
The failure of a voting member to attend meetings for a period of one year shall effect the forfeiture of his right to vote and of all other prerogatives of voting membership. Such forfeiture shall be duly noted in the minutes of the voting members. A voting member may be re-instated by a majority of the voting members present.
Sufficient causes for deposing a pastor or teacher shall be persistent adherence to false doctrine, scandalous life, or willful neglect of official duties.
Article 12: Parliamentary Procedure
Wherever feasible, it is recommended that Roberts Rules of Order, Revised, be used as a guide in aiding the various organizations within the congregation, in the orderly and prompt progress of their meetings. But the obedient, loving spirit of Jesus Christ shall be the primary guide and standard in conducting the affairs of His Church.
Article 13: Amendments
By-Laws may be adopted or amended by the affirmative vote of two-thirds (2/3) of the voting members present at any Voters Meeting, after written notice embodying such By-Laws or Amendments has been openly given at a previous meeting and also in the notices of the meeting at which the proposed By-Laws or Amendments are to be acted upon.