LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 26

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

Example:
“If at any time a division of the congregation should take place for any reason, the following principles will
govern.
10.1 The property of the congregation and all benefits connected therewith shall remain with those
communicant members who continue to adhere in confession and practice to the confessional
standards set forth in this constitution.
10.2 In the event that the congregation dissolves, all property shall be disposed of by the final voters
assembly for the payment of debts and all just claims against the congregation, and any and all
surplus and all rights connected therewith shall be conveyed to and become the property of the
__________ District of The Lutheran Church—Missouri Synod.”
11.0 AMENDMENTS
Constitutions should provide a method for their own amendment. A device called an "unalterable article" has
been used in the past, but legally there are no unalterable articles. There can be, however, articles in
congregations’ constitutions that are more difficult to amend. Congregations may therefore wish to provide for
two separate procedures for amending.
Congregations which revise their constitutions must submit these proposed changes for review by their district’s
constitution committee. Upon favorable action by the district board of directors, the congregation shall be
notified that the changes are acceptable to the Synod, and the congregation may proceed with formal adoption
of the revised constitution and remain a member in good standing of the Synod.
Example:
“This constitution may be amended in the following manner.
11.1 Amendments to the provisions of this constitution not identified in the following paragraph shall be
submitted in writing at a meeting of the voters assembly and announced to the congregation by public
posting and/or mail to all communicant members prior to the meeting at which the proposed
amendment will be acted upon. A two-thirds affirmative vote of the voters present shall be required
for adoption.
11.2 Amendments to Articles __________ shall not destroy their essential meaning. Amendments shall be
submitted in writing at a meeting of the voters assembly and made public to the congregation by
public posting and/or by mail to all communicant members. Notice of the discussion of such
amendments shall be given prior to two regular voters assemblies when the proposed action will be
discussed. Notice that action will be taken on proposed amendments shall be provided to all voting
members prior to the meeting when a vote will be taken. The date of approval shall be referenced in
any amendment adopted.
11.3 The revised constitution shall, as a condition of continued membership in good standing in The
Lutheran Church—Missouri Synod, be submitted to the president of the district for review by the
district’s constitution committee and favorable action by the district’s board of directors before being
adopted by the congregation.
IV. GUIDELINES FOR BYLAWS
The following are subjects that ordinarily can be addressed in a congregation's bylaws. Instructive comments are
provided together with sample paragraphs.
1.0 PROCEDURES FOR CALLING MINISTERS OF RELIGION
Congregations should be specific in setting forth in their bylaws the procedures to be followed when calling
ordained and commissioned ministers.
Example:
“When this congregation calls a minister of religion, ordained or commissioned, the following procedure
shall be followed:

333