constitution and bylaws for congrgation review …€¦ ·...

Draft for Congregation Review with changes applied January 9, 2019 and January 10, 2019

To the Congregation of Salem Lutheran Church and School –

Notes on reading and review of the proposed new Constitution and Bylaws for our Church.

Past History -‐Salem has made numerous changes to its governing documents over the past 48 years. These have resulted in the producing, according to the records of the Synod and CID, of one official governing Constitution and Bylaws. This was based on the document adopted in 1973 and revised in 1978. CID has advised us that is the only valid Constitution and Bylaws for Salem Church.

The most recent update attempt was in September 2016 to prepare a Constitution and Bylaws reflecting earlier attempts at change and to clarify issues causing problems in our congregation. The Elders and voter’s assembly approved this document in late 2016 and it has been in use since that date.

Along with the foundation Constitution, the Documentation Committee assembled, rewrote, and created other Church and school documents to better serve our Congregation. These were also approved by the Elders in September 2016. They are being used now to guide the church and its employees in accomplishing our goals within well-‐defined boundaries. When followed these documents help to keep us from possible lawsuits. They guide members in new positions in support of the church in fulfilling those duties. The church documentation set is available in the Church Office.

On review of this confused situation and lacking a clear path to show what was done, why it was done, and changes made, the Elders determined that the best course of action would be to start over from a known basepoint and move to create a new Constitution and Bylaws for Salem Church. This new Constitution would then be processed through CID and LCMS with the result being Salem would have a valid and certain governing document to go forward.

We used the LCMS “Guidelines for Constitutions and Bylaws of Lutheran Constitutions” as our baseline. We used all the other documents identified during the Documentation Project as additional input to our work. This


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included the 1978 version through the 2016 version of Constitutions and minutes of Voter and Elder Meetings.

Keeping in mind that this is a new Constitution and Bylaws it should stand on its own. It is, however, also based on the governing Constitutions and Bylaws from the past. “We have not thrown out the baby with the bath water.” An annotated copy of the new documents has been prepared indicating areas of change and type of change made. This document does not represent a line-‐by-‐line change, areas have been rearranged, new material has been added, Past material has been edited to better reflect LCMS doctrinal viewpoints and wording. Confusing or misleading material has been rewritten to make its intention clear to all readers. The documents were reformatted to the standard adopted by Salem Church in 2016.

The new document as well as some reference documents are being introduced at the regular Voter Meeting on November 18 and will be available in the church office for reading on November 19. On December 2, we will meet as voters to go over the document and address any written questions from the Voters. If changes are required, they will be made and then brought to the for approval on December 9.

The Elders request that Voters having detailed questions or comments submit them in writing to the Church office before the December 2 meeting to allow preparation of comprehensive answers or to prepare potential changes for Voter approval.

The positive completion of this project is very important to Salem, the Elders and Deacons appreciate your serious and focused attention to your review and comments.

The review schedule has been lengthened and additional sources for reviewing the proposed documents have been added.


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CONSTITUTION AND BYLAWS

OF

SALEM EVANGELICAL LUTHERAN

CHURCH

JACKSONVILLE, ILLINOIS

DECEMBER XX, 2018

The Word of God requires that a Christian congregation shall conform to this Divine Word in doctrine and practice (Ps. 119:105; Matt. 28:18-‐20; Galatians 1:6-‐8; 2 Timothy 4:1-‐5) and that all things be done decently and in order (1 Corinthians 14:40). Therefore, we, the members of Salem Evangelical Lutheran Church, accept and subscribe to the following Constitution and Bylaws, in accordance with which all spiritual and material affairs of our congregation shall be governed.


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Constitution Biblical References

Psalm 119:105 Your word is a lamp for my feet, a light on my path.

Mathew 28:18-‐20

18 Then Jesus came to them and said, “All authority in heaven and on earth has been given to me. 19 Therefore go and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit, 20 and teaching them to obey everything I have commanded you. And surely, I am with you always, to the very end of the age.”

Galatians 1: 6-‐8 6 I am astonished that you are so quickly deserting the one who called you to live in the grace of Christ and are turning to a different gospel 7 which is really no gospel at all. Evidently some people are throwing you into confusion and are trying to pervert the gospel of Christ. 8 But even if we or an angel from heaven should preach a gospel other than the one we preached to you, let them be under God’s curse!

2nd Timothy 4: 1-‐5

1 In the presence of God and of Christ Jesus, who will judge the living and the dead, and in view of his appearing and his kingdom, I give you this charge:

2 Preach the word; be prepared in season and out of season; correct, rebuke and encourage—with great patience and careful instruction.

3 For the time will come when people will not put up with sound doctrine. Instead, to suit their own desires, they will gather around them a great number of teachers to say what their itching ears want to hear. 4 They will turn their ears away from the truth and turn aside to myths. 5 But you, keep your head in all situations, endure hardship, do the work of an evangelist, discharge all the duties of your ministry.


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1st Corinthians 14:40 But everything should be done in a fitting and orderly way.

Contents Constitution Biblical References .................................................. 3

CONSTITUTION ....................................................................................................................... 7

PREAMBLE ................................................................................................................................................... 7

ARTICLE I NAME AND INCORPORATION ................................................................................................ 7

ARTICLE II PURPOSE .............................................................................................................................. 7

ARTICLE III CONFESSIONAL STANDARD ................................................................................................ 8

ARTICLE IV SYNODICAL MEMBERSHIP .................................................................................................. 8

ARTICLE V MEMBERSHIP ...................................................................................................................... 8

A. Baptized Membership ...................................................................................................................... 8

B. Communicant Membership ............................................................................................................. 8

C. Voting Membership ......................................................................................................................... 9

ARTICLE VI THE OFFICE OF PASTOR AND OF COMMISSIONED MINISTERS .......................................... 9

ARTICLE VII POWERS OF THE CONGREGATION .................................................................................... 10

A. General .......................................................................................................................................... 10

B. Right of Calling ............................................................................................................................... 10

C. Decisions ........................................................................................................................................ 10

D. Powers of Officers ......................................................................................................................... 10

ARTICLE VIII MEETINGS .......................................................................................................................... 10

ARTICLE IX OFFICERS ............................................................................................................................ 11

ARTICLE X PROPERTY RIGHTS ............................................................................................................. 11

A. Acquisition of Property .................................................................................................................. 11

B. Division/Separation ....................................................................................................................... 11

ARTICLE XI DOCTRINAL LITERATURE ................................................................................................... 11

ARTICLE XII BYLAWS ............................................................................................................................. 11

ARTICLE XIII AMENDING THE CONSTITUTION ....................................................................................... 11

BYLAWS .......................................................................................................................................... 13

BYLAW I SALEM CHURCH ORGANIZATION ...................................................................................... 13

A. LCMS and CID .................................................................................................................................... 13

B. Salem Organization ........................................................................................................................... 13


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1. Voters ............................................................................................................................................. 13

2. Senior Pastor .................................................................................................................................. 14

3. Church Council ............................................................................................................................... 14

4. Board of Elders ............................................................................................................................... 14

5. Board of Deacons ........................................................................................................................... 15

6. Standing Committees ..................................................................................................................... 15

7. Lutheran Parochial School .............................................................................................................. 16

BYLAW II MEMBERSHIP ............................................................................................................................. 17

A. Admission into Membership ......................................................................................................... 17

1. Communicant Membership ........................................................................................ 17

2. Voting Membership .................................................................................................... 17

B. Membership Management .............................................................................................................. 18

1. Communicant Membership .................................................................................. 18

2. Discipline, Excommunication and Self-‐Exclusion .................................................. 19

4. Status .................................................................................................................... 20

BYLAW III MEETINGS .......................................................................................................................... 20

A. Annual and Other Regular Meetings .............................................................................................. 20

B. Special Meetings ............................................................................................................................ 20

C. Place of Meeting ............................................................................................................................ 20

D. Notice of Meeting .......................................................................................................................... 20

E. Quorum .......................................................................................................................................... 21

F. Sale Lease, Exchange, Mortgage, Etc. of Assets ............................................................................. 21

BYLAW IV CALLING AND REMOVAL OF PASTORS AND COMMISSIONED MINISTERS ............................. 22

A. Nominations ....................................................................................................................................... 22

B. Elections ............................................................................................................................................. 22

C. Removal ............................................................................................................................................. 22

BYLAW V SELECTION OF CHURCH COUNCIL ............................................................................................. 23

A. Election of Elders ............................................................................................................................... 23

B. Appointment of Deacons ................................................................................................................... 24

BYLAW VI OFFICERS AND STANDING COMMITTEES ................................................................................. 25

BYLAW VII ORDER OF BUSINESS ............................................................................................................... 26

BYLAW VIII CONTRACTS, CHECKS, DEPOSITS AND GIFTS ..................................................................... 26

A. Contracts ............................................................................................................................................ 26


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B. Checks, drafts, etc. ............................................................................................................................ 27

C. Deposits ............................................................................................................................................. 27

D. Gifts ................................................................................................................................................... 27

BYLAW IX BOOKS AND RECORDS ............................................................................................................. 27

BYLAW X FISCAL YEAR ............................................................................................................................... 27

BYLAW XI SEAL .......................................................................................................................................... 27

BYLAW XIl WAIVER OF NOTICE ................................................................................................................. 28

BYLAW XIII AMENDMENTS ....................................................................................................................... 28


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CONSTITUTION Of

SALEM EVENGELICAL CHURCH


December XX, 2018

PREAMBLE The Word of God requires that a Christian congregation shall conform to this Divine Word in doctrine and practice (Ps. 119:105; Matt. 28:18-‐20; Galatians 1:6-‐8; 2 Timothy 4:1-‐5) and that all things be done decently and in order (1 Corinthians 14:40). Therefore, we, the members of Salem Evangelical Lutheran Church, accept and subscribe to the following Constitution and Bylaws, in accordance with which all spiritual and material affairs of our congregation shall be governed.

ARTICLE I NAME AND INCORPORATION A. The name of this congregation shall be Salem Evangelical Lutheran Church of

Jacksonville. B. This congregation shall be incorporated as a religious corporation under the

"General Not for Profit Corporation Act" of the State of Illinois. C. The corporation shall have and continuously maintain in this state a registered

office and a registered agent whose office is identical with such registered office and may have other offices within or without the State of Illinois as the board of directors may from time to time determine.

The Registered Agent is:

The Registered Office is located at: 223 East College Avenue, Jacksonville, Illinois 62650

ARTICLE II PURPOSE The purpose of this congregation shall be to give honor and glory to the Triune God, to carry out His will, to proclaim the Gospel of Jesus Christ to all the world, to nurture the faith of its members, to manifest the unity of our faith in Jesus Christ as God and Savior, to foster Christian fellowship and love, to extend a helping hand to human need, and to achieve its objectives by the preaching of the Word of God, by the administration of the sacraments, and by the religious instruction of all its members according to the confessional standard of the Lutheran Church Missouri Synod(LCMS).


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The purposes of the corporation as stated in its certificate of incorporation are religious, education, charitable, benevolent (not including the payment of sick or death benefits), eleemosynary, civic and patriotic, including without limitation of the above the ownership and operation of a Lutheran Church and Lutheran Parochial School.

The corporation also has such powers as are now or may hereafter be granted by the General Not for Profit Corporation Act of the State of Illinois.

ARTICLE I I I CONFESSIONAL STANDARD This congregation accepts without reservation:

A. The Scriptures of the Old and the New Testament as the inspired and inerrant written Word of God and the only rule and norm of faith and practice.

B. All the Symbolical Books of the Evangelical Lutheran Church as a true and unadulterated statement and exposition of the Word of God, to wit: the three Ecumenical Creeds (the Apostles’ Creed, the Nicene Creed, the Athanasian Creed), the Unaltered Augsburg Confession, the Apology of the Augsburg Confession, the Smalcald Articles, the Large Catechism of Luther, the Small Catechism of Luther, and the Formula of Concord.

ARTICLE IV SYNODICAL MEMBERSHIP This congregation shall be a member of The Lutheran Church Missouri Synod as long as the Synod conforms to the congregation's confessional standards as set forth in this constitution.

ARTICLE V MEMBERSHIP The membership of this congregation includes the following:

A. Baptized Membership Baptized Members are all members who have been baptized, including the children on the membership rolls who have not yet confirmed their baptismal vows B. Communicant Membership

Communicant members are those:

1. Who are baptized in the name of God the Father, Son, and Holy Ghost;

2. Who accept all canonical books of the Old Testaments as the only divine rule and standard of faith and life;

3. Who believe and confess in the doctrine contained in Luther's Small Catechism;

4. Who attend divine services faithfully;


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5. Who lead Christian lives and do not live in manifest works of the flesh (Galatians 5:19-‐21);

6. Who partake of the Lord's Supper frequently after their confirmation; 7. Who contribute regularly and faithfully, as God has prospered them, toward the building of Christ's kingdom in the congregation and throughout the world; 8. Who devote their time and talents to the extension of the Kingdom of God; 9. Who permit themselves to be fraternally admonished and corrected when they have erred; 10. Who are not members, affiliates, or supporters of secret societies or other organizations conflicting with the Word of God.

C. Voting Membership Those communicant members of the congregation having attained voting age as established by Federal law shall be entitled to vote. Male voters are entitled to hold either elective or appointive office. Female voters are entitled to serve as appointed members of committees.

ARTICLE VI THE OFFICE OF PASTOR AND OF COMMISSIONED MINISTERS

The pastoral office of this congregation, as well as that of a commissioned minister (called principal or teacher) in the parochial school, shall be conferred upon such ministers, teachers, and candidates only as profess and adhere to the confessional standard set forth in Article III of this Constitution and are well qualified for their work. Pastors and teachers granted tenure shall, in the call extended to and accepted by them, be pledged to this confessional standard.

Galatians 5:19-‐21 19 The acts of the flesh are obvious: sexual immorality, impurity and debauchery; 20 idolatry and witchcraft; hatred, discord, jealousy, fits of rage, selfish ambition, dissensions, factions 21 and envy; drunkenness, orgies, and the like. I warn you, as I did before, that those who live like this will not inherit the kingdom of God.


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ARTICLE VII POWERS OF THE CONGREGATION A. General The congregation as a body, through the voting members, shall have supreme power to administer and manage all its external and internal affairs. The establishment and conduct of all institutions and societies within the congregation, such as the parochial school, Sunday school, youth societies, ladies' organizations, choir, etc., shall at all times be subject to the approval and supervision 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 III), and any such decision shall be null and void. B. Right of Calling The right of calling pastors and commissioned ministers, which include the called parochial school principal and teachers, shall be vested in the congregation through the voting members and shall never be delegated to a smaller body or to an individual. This does not include contracted teachers. The Voters Assembly shall establish a Call Committee of five Voters to serve for such purposes as needed each year. This will be done at the Annual Meeting with the advice of the Church Council. Additional Voter’s Assembly Call Committee details and procedures are provided in the Bylaws and the Council Manual. The Church Council will call a Special Voters Assembly meeting when required to allow the Voters to establish a Call Committee for purposes needed. The duties and responsibilities of any Voters call committee are defined in the Bylaws and Council, Boards and Committees Manual. C. Decisions Matters of doctrine and conscience shall be decided by the Word of God. Other matters shall be decided by the Voter's Assembly by a majority of votes cast unless otherwise specified by the Constitution or Bylaws. D. Powers of Officers Congregational officers or committees, where 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.

ARTICLE VIII MEETINGS Meetings of the Voters Assembly shall be held as determined in the bylaws.


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ARTICLE IX OFFICERS The officers of this congregation shall be such officers, boards, or committees as the Bylaws of this congregation may prescribe.

ARTICLE X PROPERTY RIGHTS A. Acquisition of Property The corporation may receive, acquire, hold title to, and manage such real estate and other property, including trusts, bequests, and monies, as it may need to accomplish its purposes and may sell or dispose of such real estate and other property or any part thereof as may be legally permitted. B. Division/Separation If at any time a division should take place on account of doctrine, the property of the corporation and all benefits therewith connected shall remain with those voting members who continue to adhere in confession and practice to Article III of this Constitution and retain membership in the Lutheran Church Missouri Synod. In the event the corporation should totally disband (separation) the property and all rights connected therewith shall be transferred to the Central Illinois District of the Lutheran Church Missouri Synod.

ARTICLE XI DOCTRINAL LITERATURE Only such hymns, prayers, and liturgies shall be used in the public services of the congregation, and in all ministerial acts, as conform to the confessional standard of Article III. Likewise, in all classes for instruction in Christian doctrine only such books shall be used as conform to this standard.

ARTICLE XII BYLAWS The Voting Assembly may adopt such Bylaws as may be required for the accomplishment of the work of the congregation.

ARTICLE XII I AMENDING THE CONSTITUTION A. The following articles of this Constitution of sections thereof shall be unaltered and

irrevocable: III, VI, and XI.

B. Amendments to this Constitution may be adopted, provided: 1. That they do not conflict with the provisions laid down in Article III or with

any section or any other article that pertains to Scriptural doctrine and practice;

2. That the proposed amendment has been submitted in writing at a previous Voters' Assembly;


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3. That a committee has been appointed by the Board of Elders to supervise and generally assist in the orderly administration of the voting;

4. That one-‐fourth of the eligible voters cast a ballot; and, 5. That two-‐thirds of the votes are cast in favor of the amendment.


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BYLAWS Of

SALEM EVENGELICAL CHURCH


December xx, 2018

BYLAW I SALEM CHURCH ORGANIZATION To better understand the spiritual and worldly operations of Salem church we begin the Bylaws with a discussion of the organization and basic duties of elements created or affecting our church. More detailed assignments and responsibilities are provided where necessary in the Bylaws, Council, Boards, and Committees Manual or Parochial School Manuals.

A. LCMS and CID Our church is organized under and is a member of the Lutheran Church Missouri Synod (LCMS). We have agreed that we will accept LCMS doctrines in organizing our church. The synod serves in an advisory role to Salem on matters not related to doctrine. The Central Illinois District (CID) represents Salem within the Missouri Synod.

B. Salem Organization Internally the church has organized itself with the following groups:

1. Voters The voting members of Salem Lutheran Church are the highest authority in determining all matters of practice, policy and ministry so long as their decisions are in accordance with the Scriptures and the Lutheran Confessions.

The duties of Voters include, but are not limited to:

a. Calling the Pastor; b. Calling of commissioned ministers; c. Electing Elders; d. Responsible, along with members, to fund the ministry of Salem; e. Ultimate authority for the church on earthly matters; f. Through his call the voters delegate authority for spiritual matters to the Pastor, and in the same way business matters, through their election, to the Board of Elders;


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g. The Voters are always able to hold the Pastor, Elders, and called or contracted persons accountable for their actions.

2. Senior Pastor The Pastor administers the Word of God in its full truth and purity as contained in the Sacred Scriptures of the Old and New Testaments and as set forth in the confessional writings of the Evangelical Lutheran Church as found in the Book of Concord. The Pastor supervises or delegates the supervision of all employees, including called, contracted, and non-‐contracted employees of the Church and School in their work and ministry. He recommends the acquisition and termination of all employees with the advice of the Principal on school employees and to the Elders for approval. The Senior Pastor duties and responsibilities include, but are not limited to:

a. With Elders advises on the business matters of the church and school; b. With Deacons manages the spiritual matters of the church and school; c. Supervising the church office staff of business manager and secretary as well the school principal; d. Has oversight of the overall ministry of the church and school.

3. Church Council Together the Elders and Deacons form the Church Council. They will meet before every regular voter’s assembly to establish the agenda to report on the worldly and spiritual affairs of the church. They will also meet for such other congregational matters as determined by the Bylaws, Voters, Elders, Deacons or Pastor.

4. Board of Elders The Board of Elders is to constitute the Board of Directors of the corporation under the Illinois Not for Profit Act and to be responsible for the worldly operations of the church and school. There will be nine voting members from Salem Church elected as Elders for a three-‐year term of office. Elders may not immediately succeed themselves in office or a position to which they were previously elected. The Board of Elders is advisory to the Board of Deacons on spiritual matters.

The Board of Elders duties and responsibilities include, but are not limited to:

a. The President is Chairman of the Church Council;


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b. Appointing committees for worldly functions of the church and school; c. Supervising the activities of its appointed committees; d. Developing and managing church and school budgets with the Deacons, Pastor, School Principal, committees and the church business manager; e. Authorizing payments of church and school debts; f. Making decisions regarding worldly matters effecting the church and school; g. Maintaining a complete documentation system for the church and school; h. Vetting candidates, with the senior pastor, for Board of Deacons. The Board appoints Deacons and presents them to the Voters for ratification; j. Maintaining Voter Rolls.

5. Board of Deacons The Board of Deacons is to aid the pastor of the congregation in the spiritual care of the members. In their work the deacons are distinguished from the Board of Elders which serves as the Board of Directors of the congregation. The Board of Deacons is advisory to the Board of Elders on worldly matters.

There will be six voting members from Salem Church assigned as Deacons for a three-‐year term of office. Deacons may not immediately succeed themselves in office or a position to which they were previously elected. The Board of Deacons duties and responsibilities under the supervision of the Pastor include, but are not limited to:

a. Appointing committees for spiritual functions of the church; b. Supervising those committees; c. With the Pastor guiding spiritual matters of the church; d. With the Pastor enforcing discipline of members within the church; e. Maintaining membership rolls; f. Vetting candidates, with the senior Pastor, to serve on the Board of Elders and presenting them to the Voters for Election; g. Providing budget inputs to annual work plan.

The Elders and Deacons are accountable to each other but are equals in the church structure.

6. Standing Committees The Church Council has established the following standing committees under the Board of Elders purview for business operations of the church:

a. Finance and Stewardship – business matters b. Property c. Technology


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d. Parochial School – business matters The Church Council has established the following standing committees, under the Board of Deacons purview, for spiritual operations of the church:

a. Finance and Stewardship – spiritual matters b. Christian Education c. Evangelism d. Parochial School – spiritual matters

The Finance and Stewardship Committee and the Parochial School will be represented to both the Elders and Deacons for their assigned responsibilities. 7. Lutheran Parochial School There is one additional major organization in our church, the Lutheran Parochial School, which is briefly described as follows: The Parochial School is responsible for providing a Lutheran faith-‐based education to our students. The school is led by a qualified LCMS member principal (commissioned minister) who reports to the Senior Pastor for all school matters. The principal is to keep the Elders and Deacons advised of important activities and issues of the school through the Standing Committees. School business and spiritual requirements will be identified to the Parochial School Standing Committee by the principal. The Parochial School Committee duties and responsibilities are described in the Boards and Committees Manual. As appropriate the committee and the principal will present needs of the school to the Elders or Deacons for action or resolution.

The Principal of the Parochial School duties and responsibilities include, but are not limited to:

a. Supervising teachers, school staff, and others assigned in support of school activities and teaching; b. Teaching classes as required; c. Supervising pre-‐school, early child development, and K-‐8th grade classes; d. Supervising summer programs; e. Supervising cafeteria service; f. Supervising athletic programs.


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BYLAW II MEMBERSHIP A. Admission into Membership

1. Communicant Membership

a. By Confirmation

Confirmation itself being a reception into church membership, all who are thus received by this sacred act become communicant members.

b. By Transfer

Persons coming with a communicant letter of transfer from a congregation in full altar and pulpit fellowship with LCMS shall present their request for transfer to the pastor. Such transfer of membership shall be approved by the Board of Deacons.

c. By Profession of Faith

Other persons shall submit their application to the pastor and having given satisfactory evidence of qualifications for communicant membership to the pastor, they shall be received as communicant members, to be approved in a subsequent meeting of the Board of Deacons.

d. Membership for children

1. By Baptism All children baptized by the pastor of Salem Lutheran Church will be considered as baptized members of the congregation.

2. By Transfer or Profession of Faith Baptized children of parents who are received into communicant membership by transfer or profession of faith will be considered as baptized members of the congregation.

2. Voting Membership

All communicant members of the congregation who have attained voting age as established by Federal law shall be eligible voters provided, they have registered as a voter and have thereby agreed to serve the congregation as a participating member according to their abilities. Registration is done at the church office.

Eligible voters will have registered 30 days in advance of a meeting to be able to vote.


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Voters who have not voted in a regular or special meeting for a period of one year will have their names removed from the voter’s rolls. They may be returned to voter status by reapplication to register as a voter.

The Elders will manage the Voter Rolls taking particular care that they are accurate and up-‐to-‐date.

B. Membership Management It is important for our church to know accurately its membership. This allows realistic planning for activities, identification of members to support activities and projects, and to provide support to those in need. With accurate membership rolls organizations such as the Deacons and school are better able to effectively and efficiently support active members. Termination of membership allows us to remove the names of persons no longer worshipping at Salem from our membership rolls through an orderly process.

1. Communicant Membership a. Transfer to Other Congregations

Communicant members desiring to join a congregation in full altar and pulpit fellowship with LCMS shall present their request for transfer to the pastor. Such transfer of membership shall be approved by the Board of Deacons. b. Joining Other Churches In cases where communicant members have joined another congregation outside our own fellowship, they shall, upon the recommendation of the pastor, be considered such as to have terminated their membership, and their names shall be removed from the membership list by the Board of Deacons. c. Whereabouts Unknown The names of members whose whereabouts are unknown and cannot be established shall be removed from the membership rolls by the Board of Deacons, and forthwith such membership is terminated.

Removal due to whereabouts unknown does not equate to excommunication from the Kingdom of God.


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2. Discipline, Excommunication and Self-‐Exclusion Any member who conducts themselves in an unchristian manner shall be admonished according to Matthew 18:15-‐20.

At any time during the discipline process the issue may be resolved through repentance and change in action by the individual.

3. Discipline Process

a. On identification to the Pastor or Deacon of a member acting in an unchristian manner, the member must first meet with the Pastor and a Deacon to identify and discuss the issue and to resolve it. The unrepentant member must attend this meeting. Refusal to attend this meeting constitutes self-‐exclusion and the person’s membership is terminated.

b. If after the initial meeting with the Pastor and Deacon the issue is not resolved, the unrepentant member must then meet with the Pastor and 2-‐3 Deacons to further discuss and work towards a satisfactory resolution of the issue.

MATTHEW 18:15-‐20 If Your Brother Sins Against You

15. "If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother.

16. But if he does not listen, take one or two others along with you, that every charge may be established by the evidence of two or three witnesses.

17. If he refuses to listen to them, tell it to the church. And if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector.

18. “Truly, I say to you” whatever you bind on earth shall be bound in heaven, and whatever you loose on earth shall be loosed in heaven.

19. Again I say to you, if two of you agree on earth about anything they ask, it will be done for them by my Father in heaven.

20 For where two or three are gathered in my name, there am I among them."


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c. If unsuccessful in reaching a solution the Deacons and Pastor will present the case to the entire Board of Deacons for a decision.

d. The Deacons, with the member present and given the opportunity to repent, will decide the merits of the issue based on the Word of God. If the issue remains unresolved the Deacons will prepare a resolution of excommunication to be presented to the Voter’s Assembly for a final decision. A two-‐ thirds vote by written ballot for approval of the resolution is required for passage.

e. Excommunication or self-‐exclusion terminates membership.

4. Status A person whose communicant membership has been terminated has forfeited all rights of a member of this congregation and all claims upon the property of the congregation as such, or upon any part thereof, so long as he/she is not reinstated into membership.

BYLAW III MEETINGS A. Annual and Other Regular Meetings Regular meetings of the Voters shall be held on the third Sunday in each of the months of February, July, and November in each year, at the hour of 1:30 P.M., for the transaction of such business as may come before the meeting. The regular meeting in February shall be deemed the annual meeting. If the Board of Elders determines that there is a scheduling conflict or that for some other reason a regular meeting should be rescheduled, then any such regular meeting may be rescheduled by the Board of Elders for another date and time not more than four weeks later.

B. Special Meetings Special meetings of the Voters may be called by the Chairman of the Congregation or the Board of Elders.

C. Place of Meeting Place of meetings of the Voters shall be at Salem Evangelical Lutheran Church, Jacksonville, Illinois.

D. Notice of Meeting A verbal, and printed notice stating the place, day and hour of any meeting of the Voters shall be announced in church by the Pastor and published in the bulletin for two consecutive Sundays. In case of a special meeting or when required by statute or by these by-‐laws, the purpose for which the meeting is called shall be stated in the notice.


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E. Quorum The Voters holding one-‐fifth of the votes which may be cast at any meeting shall constitute a quorum at such meeting. If a quorum is not present at any meeting of the Voters, a majority of the Voters present may or may not adjourn the meeting. A quorum is required for any meeting for the purposes described in paragraph III-‐F.

F. Sale Lease, Exchange, Mortgage, Etc. of Assets Purchase of Real Estate; and Erection of Buildings

A sale, lease, exchange, mortgage, pledge or other disposition of any real estate, or of all or substantially all of the property and assets, of Salem Evangelical Lutheran Church may be made, real estate may be purchased, and buildings may be erected, only upon such terms and conditions and for such consideration, as may be authorized in the following manner:

The Board of Elders, by written ballot, shall adopt a resolution recommending such sale, lease, exchange, mortgage, pledge, or other disposition of such property, or recommending the purchase of real estate, or recommending the erection of a building and directing that the resolution be submitted to a vote at a meeting of the voting members, which may be the annual, or any other regular, or any special meeting. Written or printed notice stating that the purpose, or one of the purposes , of such meeting is to consider the sale, lease, exchange, mortgage, pledge or other disposition of real estate or of all, or substantially all, the property and assets of the Church, or to consider the purchase of real estate, or to consider the erection of a building shall be given to each member entitled to vote at such meeting, within the time and in the manner provided by law and these by-‐laws for the giving of notice of meetings of members. At such meeting the Voters may authorize, by written ballot, such sale, lease, exchange, mortgage, pledge, or other disposition of property, or such purchases of real estate, or the erection of such building and fix, or may authorize the Board of Elders to fix, any or all of the terms and conditions thereof and the consideration to be received or expended by Salem Evangelical Lutheran Church therefor. Such authorization shall require the vote of at least two-‐thirds of the voters present at such meeting. After such authorization by a vote, the Board of Elders nevertheless, in its discretion, may abandon such sale, lease, exchange, mortgage, pledge, or other disposition of assets, or the purchase of real estate, or the erection of the building, subject to the rights of third parties under any contracts relating thereto, without further action or approval by the Voters.


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BYLAW IV CALLING AND REMOVAL OF PASTORS AND COMMISSIONED MINISTERS A. Nominations When required the Voters Assembly shall appoint a call committee or an existing board or committee designated to serve as a screening committee for calling of a pastor or commissioned minister (called principal, teacher, or other called staff). The Elders will provide to the Voters a slate of members recommended for appointment to this Call Committee. In general, the Call Committee shall submit all suggested/identified names for the position to the District President for information and evaluation from the Central Illinois District. The committee shall then present to the congregation by public announcement its proposed list of candidates and their biographical sketches. Every voter is entitled to make additional nominations and provide information about their nomination to the committee or from the floor. More details about the Call process is provided in the Council, Boards, and Committee Manual.

At a voters meeting called for the purpose of calling a new pastor or commissioned minister the proposed list may be amended by a two-‐thirds vote of the assembly. When possible, information regarding additional candidates shall be provided by the district president and/or his representative, or a voter adding the new candidate at the Voters meeting.

B. Elections The election of a pastor or commissioned minister from the list of candidates chosen by the congregation shall be by ballot. The candidate receiving the majority 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 or commissioned minister elect.

Principals and teachers who have not received their degree from a Synodical college or university shall be issued contracts annually by the Board of Elders. Teachers who graduate from a synodical college or university shall be extended a call without tenure by the Voters Assembly. A call without tenure shall be for no more than one (1) year and this call without tenure may be renewed by the Board of Elders.

When recommended by the school principal, tenure may be granted to called teachers by a simple majority vote of the Voters Assembly.

C. Removal The removal of an ordained minister or commissioned minister shall be with the counsel, advice, and consent of the District President. Any procedure agreed upon by the congregation and the District will in no manner violate the sanctity of the call.


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There are only three things for which an ordained minister or commissioned minister may be removed: scandalous life, persistent teaching of false doctrine, or inability or refusal to carry out the duties of their call.

The District President will attend these meetings to ensure that the rights of an ordained minister or commissioned minister are not violated. At all meetings the individual being considered for removal will have the opportunity to rebut adverse statements and defend himself or herself.

An information meeting for congregation members will be held for the specific purpose of discussing removal of an ordained minister or commissioned minister. A second meeting shall be called thirty-‐five days later to decide the matter. Only those congregation members attending the first meeting may participate in the vote at the second meeting. Members who are not voters will have the opportunity to properly register before a vote is taken, if they so desire.

At the second meeting after additional discussion, a vote will be taken. The written ballot will be tabulated by the Board of Elders. A quorum of one-‐ half of the eligible congregation members attending the first meeting must be present at the second meeting. Votes may be cast only by members of the voter’s assembly. Three-‐fourths majority of all votes cast shall be required voting in favor of removal of an official.

BYLAW V SELECTION OF CHURCH COUNCIL The Church Council consists of the Elders and Deacons meeting together.

A. Election of Elders The Board of Elders will consist of nine (9) qualified male voters who are pledged to serve the church in that leadership role.

1. Election Judges: The Church Council will appoint three (3) men who are knowledgeable of the congregation, to serve as election judges. Their duties will be to distribute and collect ballots from qualified voters, and to generally assist in the orderly administration of the elections.

2. Absentee Voting: Any qualified voter who cannot be present during a service on the Sunday designated for the primary or election may request a ballot by notifying the church office. An election judge will mail, or hand deliver a ballot to the voter, and the ballot must be returned to the same election judge prior to the Sunday designated for election.

3. List of Candidates: The Church Council with the assistance of the Deacons will mail or email a list of all qualified eligible males to each voter's home at least ten days prior to the first Sunday in October. This list will be considered as a preliminary ballot for selection of Elders and will be so designated.


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4. Primary Election: At all services on or about the first Sunday in October, each qualified voter will vote on a ballot provided by an election judge for no more than eight of the men listed on the preliminary ballot. These ballots will be tabulated by the election judges, and the eight men who receive the most votes will be contacted by the Board of Deacons prior to the first Sunday in November for their acceptance or rejection of this call to serve. 5. Election: At all services on the first Sunday in November, these eight men, or those who have been contacted and express a willingness to serve, will be voted on by the qualified voters on ballots distributed by the election judges.

The men receiving the most votes to fill the vacant Board of Elders positions will become members of the Board of Elders. A normal term of office for the Board of Elders will be three (3) years. An elder shall not succeed himself as an elected member of the Board of Elders. They shall take office the first of January of the following year. The Church Council may appoint qualified members of the Voters Assembly to fill any vacancies in office. The Board of Elders will elect its own officers. B. Appointment of Deacons The Church Council and Pastor will establish, for appointment, a list of qualified voting members of the church to serve as Deacons. The total number of Deacons is set at six.

The Voters will be asked to confirm the appointments for Deacons who will accept the call to service. after which the Church Council will appoint the new members to the Board of Deacons.

A normal term for a Deacon will be three years. A Deacon shall not succeed himself as an elected member of the Board of Deacons. They shall take office the first of January of the following year. The Church Council may appoint qualified members of the Voters Assembly to fill any vacancies in office.

The Board of Deacons is led by the Pastor; however, it will elect a Head Deacon and Secretary to provide coordination within Deacon activity.


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BYLAW VI OFFICERS AND STANDING COMMITTEES 1. The officers elected by the Board of Elders will be: President, Vice-‐President, Secretary and Treasurer. The Pastor and school principal will serve as non-‐voting advisors to the Board of Elders.

It shall be the duty of the Boards of Elders and Deacons to meet at least once each month to consider and discuss all matters pertaining to the general welfare and spiritual status of the congregation in fulfilling these responsibilities.

The Church Council shall be responsible for seeing that the various officers and committees carry out the duties assigned to them. The specific duties and responsibilities of the committees shall be specified in the Church Council, Boards, and Committees Manual of the congregation.

2. The following standing committees shall be appointed annually for one-‐year terms by the Church Council in April of each year to begin service on May 1st:

The Church Council has established the following standing committees under the Board of Elders purview for worldly/business matters of the church:

a. Finance and Stewardship – business matters b. Property c. Technology d. Parochial School – business matters

The Church Council has established the following standing committees, under the Board of Deacons purview, for spiritual matters of the church:

a. Finance and Stewardship – spiritual matters b. Christian Education c. Evangelism d. Parochial School – spiritual matters

The Finance and Stewardship and Parochial School committees will have representatives from the Elders and Deacons as indicated.

Members of standing committees may serve up to three years on a committee, service may be extended by the Church Council as appropriate.

Members of standing committees must also be members of Salem Church. Employees of Salem may support the committees but cannot be members/voting members.

Elders and Deacons who have family members employed by Salem Church must recuse themselves from discussions and voting when those family members are part of the


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business before the Boards. A same restriction applies when a family member is being disciplined.

3. The Elders shall act in matters committed to it by the Voters Assembly. It shall annually appoint a financial review committee. The Board of Elders shall constitute the Board of Directors of the corporation and shall have all the powers set forth under the General Not for Profit Act of the State of Illinois.

4. The President of the Board of Elders shall also be Chairman of the congregation and will preside at all meetings of the Voters' Assembly. The President and Secretary shall sign all legal instruments for the corporation.

In the absence of the President, the Vice-‐President shall perform the duties of this office. In event of a vacancy in the Office of President, the Vice President shall succeed to the office of President for the remainder of the term.

The Secretary shall keep accurate minutes of the meetings of the Voters Assembly for the permanent records of the congregation and shall perform other duties in keeping with his office.

The Treasurer shall submit a report in person at each meeting of the Board of Elders and the Voters' Assembly. He will have charge of all income and expense accounting for the congregation.

BYLAW VII ORDER OF BUSINESS The following shall be the order of business for the regular Voters' Assembly:

1. Devotion

2. Approval of minutes

3. Reports

4. Unfinished business

5. New business

6. Adjournment

7. Closing Prayer

BYLAW VIII CONTRACTS, CHECKS, DEPOSITS AND GIFTS A. Contracts The Board of Elders may authorize by letter any officer or officers, agent or agents of the Corporation, in addition to the officers so authorized by these Bylaws, to enter into any


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contract or execute and deliver any instrument in the name of and on behalf of the corporation and such authority may be general or confined to specific instances,

B. Checks, drafts, etc. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation shall be signed by the Treasurer. In the absence of the Treasurer, such instruments shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Elders.

C. Deposits All funds of the corporation shall be deposited from time to time to the credit of the corporation in such bank, trust companies, or other depositories as the Board of Elders may select.

D. Gifts The Board of Elders may accept on behalf of the corporation/church any contributions, gifts, bequests or devise for the general purposes of or for any special purpose of the corporation/church. The Congregational Treasurers Manual provides additional information on receiving and managing gifts.

BYLAW IX BOOKS AND RECORDS The corporation/church shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of the board of directors/Elders/Deacons and shall keep at the registered or principal office a record giving the names and addresses of the members entitled to vote. All books and records of the corporation may be inspected by any member, or his agent or attorney for any proper purpose at any reasonable time.

The Church has adopted the Missouri Synod LCMS Employment Resource Manual and the Congregational Treasurers Manual as standards for business and personnel management.

BYLAW X FISCAL YEAR The fiscal year of the corporation shall begin on the first day of August and end on the last day of July in each year.

BYLAW XI SEAL The Board of Elders shall provide a corporate seal which shall be in the form of a circle and shall have inscribed thereon the name of the corporation and the words "Corporate Seal, Illinois."


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BYLAW XIl WAIVER OF NOTICE Whenever any notice whatever is required to be given under the provision of the General Not for Profit Corporation Act of Illinois or under the provisions of the articles of incorporation or by the By-‐laws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

BYLAW XIII AMENDMENTS These By-‐laws may be amended by a majority vote of the eligible voters present at a Voter's Assembly provided that the proposed amendment has been announced to the congregation (by word or in the bulletin) at two (2) consecutive Sundays prior to the meeting.

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