1. Church Matters-Solutions CMS Leadership Series Part II, Church Government, Constitution and Bylaws Other Parts: Part I, Church Government – History Part III, The Call Process Part IV, Financial Management © CMS 20161

2. References 1. Government in the Missouri Synod, Carl S. Mundinger, 1947 2. A Lay Person’s Guide to Good Church Government, Gene White, 2005-2014 http://churchmatterssolutions.org/education/good-church- government/ http://churchmatterssolutions.org/education/good-church- government/ 3. The Form of a Christian Congregation, C.F.W Walther, 1866, translated by J.T. Mueller. 2© CMS 2016

3. References 4. Synod Website at: Guidelines for the Constitution and Bylaws of a Lutheran Congregation Guidelines for the Constitution and Bylaws of a Lutheran Congregation Guidelines for Constitutions and Bylaws of Small and Developing Lutheran Congregations Guidelines for Constitutions and Bylaws of Small and Developing Lutheran Congregations © CMS 20163

4. 4 Your Constitution & Bylaws Provides a legal name and place of operations for the congregation Provides a purpose or mission Defines the relationship of the congregation to the Synod Preamble or Art I Example: This autonomous congregation freely associates with LC-MS only on the basis of our confessional statements © CMS 2016

5. Provides an organizational structure for the congregation Names the titles for officers, boards and permanent committees of the congregation Expresses the time honored duties and responsibilities of the Office of Public Ministry, as defined by Holy Scripture Designed to deal with the “bad and unexpected” times, not the good times 5 Your Constitution & Bylaws © CMS 2016

6. 6 Your Constitution & Bylaws Defines who is the legal representative for the congregation’s assets Expresses the way the Power of the Keys is carried out according to Holy Scripture Defines the Confessional statement Contains so called “unalterable” articles Legally there is no such thing Defines who has the fiduciary responsibility for the congregation, at a minimum President, Secretary, and Treasurer © CMS 2016

7. 7 Your Constitution & Bylaws Provides the highest level of policies for your congregation (See Reference 2.) Make a policy document for the remainder Delegation of authority What the Voters don’t delegate, they retain Provides for bylaws, which are the more detailed and procedural descriptions Some congregations also maintain a third lower level document containing additional procedures of a more fluid nature (See Ref. 2) © CMS 2016

8. 8 Your Constitution & Bylaws Defines the majority needed for updating the documents Describes dissolving/splitting of the organization Where the property and other assets go? 501(c) 3 implications Describes how internal disputes are settled if case not settled it goes to the district © CMS 2016

9. 9 Your Constitution & Bylaws Provides checks and balances Elders and clergy Council/Boards and Voters’ Assembly Who has authority to spend and to maintain a balanced budget The approved budget is not money in the bank Grounds for dismissal of Ministers, Officers, and Board and Committee Chairs Rules for dealing with false Doctrinal teachings (including the Sacraments) Changes after the fact is always too late © CMS 2016

10. Your Constitution & Bylaws Describes who are members in good standing? Baptized Communicant Voters How to become one The reasons for removing one Who can speak at assemblies and who can vote How to deal with extended absences such as military duty, college, and long term lack of attendance 10© CMS 2016

11. 11 Practical Implications Every new member of the congregation should receive a current copy of the Constitution and Bylaws. Why? Voters should sign that they have read and will abide by those documents when they become Voting Members Why? © CMS 2016

12. 12 Practical Implications Congregations are not businesses, they are religious organizations They have special tax exemptions However, many functions use accepted legal and business practices, such as; Financial/bookkeeping Administration, contracts, employee benefits, payroll, etc. Democratic elections Organizational structure Open and democratic meetings, sun-shine laws, etc. © CMS 2016

13. 13 Practical Implications A good analogy might be: A congregation is like an employee owned, not for profit, service oriented, soul seeking, family business Its reasons for being are evangelical, educational and spiritual, i.e. the forgiveness of sins and sacramental, plus spreading the Gospel message Its most important products are proclaiming the Gospel, the proper administration of the Sacraments, and developing mature disciples It must maintain its moral and financial solvency to remain in “business” © CMS 2016

14. 14 Practical Implications If the Voters are the administrative authority in the congregation (and they are), then it follows that: Any diminishing of that role is contrary to your established polity (form of government) When the Voters don’t have their “heads in the game” it can lead to general apathy Which can lead to reduced attendance and giving, lack of contentment, inability to recruit the best talent for offices, leadership abuses, etc. © CMS 2016

15. 15 Practical Implications Called pastors are the spiritual leaders, not the administrators of the congregation Pastors have the highest calling (vocation), the Office of Public Ministry In order for them to do their primary and secondary spiritual duties they must be freed from the administrative details of running the congregation (which is the laity’s responsibility) © CMS 2016

16. 16 Practical Implications What are the principal duties of a pastor? Preach the Gospel, forgive and retain sins, and administer the Sacraments (AC, Article 28) Evangelism is inherent in preaching the Gospel, both internally and externally Secondary duties would be like special ministries, visitations, Chaplin, etc., that would be unique to this Divine Call © CMS 2016

17. 17 Summary An outdated Constitution & Bylaws are documents asking to be ignored and abused How often should they be reviewed? (10 and 5 years respectively) How often should they be updated? (When review shows the need) © CMS 2016

18. 18 Summary Any changes must be submitted to the Synod (District) for review to ensure that your confessional statement is consistent with that of Synod Any changes are not effective until that approval is received Other suggestions by the District may be received and they fall into the category of “Advisory” only (LC-MS Constitution Art. VII) © CMS 2016

19. Summary Synod Website has a model constitution and bylaws as a starting point If doing a major overhaul or starting new then start first with an organization chart Seek approval from Voters for the chart Then write the words to support the chart 19© CMS 2016

20. 20 Worlshop Each table will receive a worksheet with questions to be discussed and the results reported Elect a recorder to report your conclusions to the main body 20 minutes to complete your activity Following this we will reconvene and hear reports from each group and briefly discuss the results. © CMS 2016

21. 21 Q1. What do you think are the two most important reasons for having checks and balances? Q3. What is the most important reason for having designated officers assigned fiduciary responsibilities? Q4. Give at least three reasons for listing the principal and secondary responsibilities for a minister in a call document? Q2. How many check and balance structures are needed? Name some you are familiar with in your church(es). © CMS 2016