Congregational Council Articles and Bylaws

Holy Cross Lutheran Church Constitution

Chapter 12.

CONGREGATION COUNCIL

C12.01.  The voting membership of the Congregation Council shall consist of the pastor(s), the lay president and vice-president of the congregation, and not more than 8 nor fewer than 5 members of the congregation. 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 three 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.

C12.02.  The members of the Congregation Council except the pastor(s) shall be elected by written ballot to serve for three years or until their successors are elected. Such members shall be eligible to serve no more than one full term consecutively. After one year off the council a member can be nominated to serve another term. Elected members terms shall begin at the close of the worship service at which they are installed.

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.

C12.04.  The Congregation Council shall have general oversight of the life and activities of this congregation, and in particular its worship life, to the end that everything be done in accordance with the Word of God and the faith and practice of the Evangelical Lutheran Church in America. The duties of the Congregation Council shall include the following:

               a.  To lead this congregation in stating its mission, to do long-range planning, to set goals and priorities, and to evaluate its activities in light of its mission and goals.

               b.  To seek to involve all members of this congregation in worship, learning, witness, service, and support.

                                                                                               (Ratified December 11, 2005)

               c.  To oversee and provide for the administration of this congregation to enable it to fulfill its functions and perform its mission.

               d. To maintain supportive relationships with the pastor(s) and staff and help them annually to evaluate the fulfillment of their calling or employment.

               e.  To be examples individually and corporately of the style of life and ministry expected of all baptized persons.

               f.  To promote a congregational climate of peace and goodwill, and, as differences and conflicts arise, to endeavor to foster mutual understanding.

               g.  To arrange for pastoral service during the sickness or absence of the pastor.

               h.  To emphasize partnership with the synod and churchwide organization of the Evangelical Lutheran Church in America as well as cooperation with other congregations, both Lutheran and non-Lutheran, subject to established policies of the synod and the Evangelical Lutheran Church in America.

               i.   To recommend and encourage the use of program resources produced or approved by the Evangelical Lutheran Church in America.

               j.   To seek out and encourage qualified persons to prepare for the ministry of the Gospel. 

C12.05.  The Congregation Council shall be responsible for the financial and property matters of this congregation.

               a.  The Congregation Council shall be the board of directors of this congregation, and as such shall be responsible for maintaining and protecting its property and the management of its business and fiscal affairs. It shall have the powers and be subject to the obligations that pertain to such boards under the laws of the State of  Georgia except as otherwise provided herein.

               b.  The Congregation Council shall not have the authority to buy, sell, or encumber real property unless specifically authorized to do so by a meeting of the congregation.

               c.  The Congregation Council may enter into contracts of up to $3000 for items not included in the budget.

               d. The Congregation Council shall prepare an annual budget for adoption by this congregation, shall supervise the expenditure of funds in accordance therewith following its adoption, and may incur obligations in excess of 2.5% of the anticipated receipts only after approval by a Congregation Meeting. The budget shall include this congregation's full indicated share in support of the wider ministry being carried on in partnership with the synod and churchwide organization.

               e.  The Congregation Council shall ascertain that the financial affairs of this congregation are being conducted efficiently, giving particular attention to the prompt payment of all obligations and to the regular forwarding of benevolence monies to the synodical treasurer.

               f.  The Congregation Council shall be responsible for this congregation's investments and its total insurance program.     

C12.06.  The Congregation Council shall see that the provisions of this constitution, and its bylaws, and the continuing resolutions are carried out.

C12.07.  The Congregation Council shall provide for an annual review of the membership roster.

C12.08.  The Congregation Council shall be responsible for the employment and supervision of the salaried lay workers of this congregation.

                                                                                               (Ratified December 11, 2005)

C12.09.  The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting.

C12.10.  The Congregation Council shall normally meet once a month. Special meetings may be called by the pastor or the president, and shall be called by the president at the request of at least one-half of its members. Notice of each special meeting shall be given to all who are entitled to be present.

C12.11.  The Congregation Council shall elect voting members of this congregation as delegates to the permitted numbers to the convention of the synod and the meetings of the conference to which this congregation belongs. With the exception for travel to conventions of the synod, the expenses incurred by such delegates in connection with their attendance shall be paid by the congregation.  

C12.12.  A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council, including the pastor or interim pastor, except when the pastor or interim pastor requests or consents to be absent and has given prior approval to the agenda for a particular regular or special meeting, which shall be the only business considered at that meeting. Chronic or repeated absence of the pastor or interim pastor who has refused approval of the agenda of a subsequent regular or special meeting shall not preclude action by the Congregation Council, following consultation with the synodical bishop.

Holy Cross Lutheran Church Bylaws

B2.      Committees and Boards

B2.01  Committees have the responsibility of carrying out specific tasks or management responsibilities as assigned to them by the constitution, bylaws, and/or the Congregational Council.  Standing committees are Finance, Long Range Planning, Mutual Ministry, Memorials and Nominations.

B2.03  All board, committee and task force members are subject to Congregational Council approval.

B2.04  The Pastor and Lay President are ex-officio members of all boards and committees unless otherwise stated.

B2.05  Specific committee tasks will be established annually by the Congregational Council via continuing resolution(s).

B2.06. Ministry Boards. The ministry of the congregation is divided into a minimum of five areas as follows:

1.                  Stewardship, Finance and Long Range Planning

2.                  Learning and Youth

3.                  Property

4.                  Worship & Music and Spiritual Formation

5.                  Outreach

6.                  Member Care and Fellowship

The activities of the ministry boards are coordinated through a chairperson of each area, and each individual council member (but not the ones comprising the Executive Committee) is assigned to be the liaison to council for one of the above groups.  The ministry board is to act as a planning group, maintaining current programs and implementing new ones as needed.  The Council will decide by continuing resolution whether the five groups above are sub-divided into their component  groups (for example if Stewardship, Finance and Long-Range Planning are separate entities or are administered as a single committee chaired by one person).   The specific duties of the boards in the five areas are to be decided by continuing resolution by the Council.

The specific committee members comprising the above ministry boards are to be nominated by the Council annually and each committee then meets to elect its own chairperson.  This committee chair may, but is not required to, attend Council meetings.  The Council member will communicate with the committee chair, to jointly decide if reporting to Council is needed.  The Council members’ role with the committee is to communicate to Council, not to manage the committee.  A written report will be provided by each committee chair at the end of the year.

B2.07  Standing Committees (not covered above)

a.                   Memorials Committee

This Committee is responsible for monitoring policy whereby memorials are acknowledged to those who gave them, informing the congregation and other individuals of the availability of memorials, planning appropriate memorial services and maintaining the memorials book.

b.                  Mutual Ministry Committee

This committee is responsible to keep the Pastor and staff advised about conditions within the congregation and to interpret to the congregation the ministry of the professional leaders.  Further, this committee will annually appraise the function and/or needs of the Pastor and lay professional of the congregation.  With this appraisal they shall review the details of compensation, housing, pension and other benefits provided for the Pastor and all employees of the congregation, reporting its recommendations to the Congregational Council and Finance Committee.  The Pastor and Lay President are voting members of this committee.

c.                   Nominations Committee for Congregational Council

This committee is to recommend to the Council at least one person for each regular vacancy and at least one person for each vacancy created by the early loss of a Council member.  This committee shall be composed of the Pastor, the Lay President, one retiring member of Council, and two voting members of the congregation (other than council members).  All members of this committee may vote.

B2.08.             The Congregational Council may establish and appoint other boards, committees and/or task forces it deems advisable to facilitate conduct of the affairs of the church.  The size of each board, committee and task force is determined by the Congregational Council.

B3.      The Planning Team for Ministry

The Planning Team for Ministry consists of the chairpersons and council member-liaison for each ministry board (see B2.06) and the Pastor.  The Planning Team is not empowered to take direct action in the congregation.  The major functions of the Team are:

B3.01  The coordination and integration of the total ministry of the congregation.

B3.02     The maintenance of appropriate linkages between the Congregational Council, implementing task groups and the congregation.

The Team for Ministry shall meet normally on a quarterly basis, or as special needs arise.

B4.      Officers

B4.01  President

The Pastor shall be ex-officio president of the congregation and Congregational Council.

     The officers of this congregation shall be the pastor, lay president, vice president, secretary, treasurer, and financial secretary.

               a.  Duties of the officers shall be specified in the bylaws.

               b.  The officers shall be voting members of the congregation.

               c.  Officers of this congregation shall serve similar offices of the Congregation Council and may, but are not required to be, members of the Congregation Council.

d.   The president and vice president shall be selected from the elected membership of the Congregation Council. The other officers shall be elected by the Council annually, and may serve additional terms. 

B4.02.  Executive Committee. The officers of this congregation and the pastor shall constitute the Executive Committee.  Three members of this committee (Pastor(s), Lay President, and Vice-President) are voting members of the Council and shall meet as specified in the bylaws.

B4.03  Lay President and Vice President

The Lay President’s duties are to meet regularly with the Pastor to discuss matters affecting the

congregation;  also, to preside over meetings of the Congregational Council, the regular meetings

of the congregation and any called special meetings of the congregation.  Together with the

Pastor and the Vice President, it is the Lay President’s duty to see that all actions of the

Congregational Council and the congregation are carried out.  The Lay President shall:

a.                   recommend members and serve on the Mutual Ministry Committee.

b.                  recommend members and serve on the Nominations Committee for members of the Congregational Council.

c.                   recommend members for the Memorials Committee.

The President (Pastor), the Lay President and the Vice President shall comprise the voting members of the Executive Committee.  They are also voting members of the Congregational Council.  This committee will meet as needed to set the Council meeting agenda and approve maintenance and administrative items.  It will inform the Council of all actions taken and it has spending authority only upon approval of the Council.  The VP will be the President-elect, so the Council only elects a VP (not a President) annually; the VP is elected from the members of the Council, normally at the Council retreat.  Council terms are 3 years (see Constitution), so the VP and Lay President serve (in each officer capacity) for one full year of their 3 year Council term.

B4.04 Secretary

The Secretary shall keep accurate minutes of all meetings of the congregation and the Congregational Council, which shall be preserved in the archives of the congregation.

B4.05  Treasurer

The Treasurer shall keep the books of accounts of the congregation and:

a.                   disburse all funds on proper orders.

b.                  make monthly remittance of benevolence to Synod.

c.                   make payroll for staff members.

d.                  remit all taxes quarterly to state and federal governments.

e.                   issue W-2 Forms and 1099 Forms and file all tax forms to state and federal governments as required by law.

f.                   make monthly and annual reports to Congregational Council and an annual report to the congregation of all financial transactions

B4.06  Financial Secretary

The Financial Secretary shall receive all financial commitment cards from the membership of the congregation and:

a.                   keep a record of all contributions made by members, non-members and other sources

b.                  provide to member and non-member donors quarterly and annual statements of contributions.

c.                   Provide reports to the Council and an annual report to the congregation of all giving.

B5.      Meetings of the Congregation

The Annual Meeting shall take place in January.  This meeting is primarily for the purpose of accepting and approving annual reports.  A second meeting shall be held late in the calendar year, normally on the second Sunday in December.  The date of these meetings is to be established by the Congregational Council.  The meeting held in December is primarily for budget approval and council member elections; however, other items may be discussed if they were part of a proposed agenda distributed two weeks prior to the meeting.

At the Annual Meeting in January, the pastor, the secretary, the financial secretary, the treasurer, each committee and board, each task force, each organization and each school within the congregation shall submit a written report.  A proposed agenda shall be distributed two weeks prior to the Annual Meeting; however, at the meeting the congregation may adopt an agenda of its choosing (not bound by the distributed agenda) and members of the congregation shall be provided an opportunity to make additional motions from the floor (not limited by specific items on the agenda).