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Constitution for Congregations
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2007
Amendments to the Model Constitution for Congregations
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2007
Amendments to the Model Constitution for Congregations
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INTRODUCTION
The Model Constitution for
Congregations of the Evangelical Lutheran Church in America originally was adopted by the Constituting Convention of this
church in Columbus, Ohio, on April 30, 1987. This was done as
required by the Constitutions, Bylaws, and Continuing
Resolutions of the Evangelical Lutheran Church in America.
This current edition of the
Model Constitution for Congregations of the Evangelical Lutheran
Church in America contains changes adopted by the 1989, 1991,
1993, 1995, 1997, 1999, 2001, 2003, and 2005 Churchwide
Assemblies.
The model is consistent with the
requirements of the constitutional governing documents of the
ELCA’s churchwide organization and synods.
> Required
provisions: Sections of this constitution marked by an
asterisk [*] are required when a congregation amends its governing
documents. These sections must be used without alteration or
amendment of the text in any manner (neither additions nor
deletions). This is in keeping with provision 9.52. in the
Constitution, Bylaws, and Continuing Resolutions of the
Evangelical Lutheran Church in America. This provision
stipulates that when a congregation of this church “wishes to
amend any provision of its governing documents, the governing
documents of that congregation shall be so amended to conform to
9.25.b.” in the churchwide constitution. The provisions herein
marked by an asterisk are those that are indicated as required in
ELCA constitutional provision 9.25.b.
> Review by synod: In keeping with provisions that
apply to all congregations of this church, each congregation is to
provide a copy of its governing documents to the synod. As
specified by ELCA bylaw 9.53.03. (numbering as listed in the 1991
and subsequent editions):
All proposed changes in the
constitution or incorporation documents of a congregation shall be
referred to the synod with which the congregation is affiliated.
The synod shall approve or disapprove the proposed changes within
120 days of receipt thereof, and shall notify the congregation of
its decision; in the absence of a decision, the changes shall go
into effect.
> Codification explanation: A numerical codification
indicates (a) general subject, (b) constitutional provisions, (c)
bylaws, and (d) continuing resolutions.
a. Major sectors are designated
as chapters. The chapter designation becomes the first number in
the codification sequence and is followed by a period. Thus,
provisions in “Chapter 8. Membership” are preceded by “8.”
b. Constitutional provisions are
codified with two sets of numbers: the chapter number and a
two-digit number preceding the second period in the codification.
Thus, one constitutional provision related to “Membership” is
codified *C8.02.
c. Bylaw provisions are codified
with three sets of numbers: the chapter number, the related
constitutional provision number, and a two-digit number. Thus,
one bylaw provision related to “Membership” would be codified
C8.02.01. Because bylaws and continuing resolutions normally are
so specifically related to details of each congregation’s
organization, operation, and life, no model set of bylaws or
continuing resolutions is provided. Each congregation may develop
its own bylaws and continuing resolutions, but no such bylaws or
continuing resolutions may conflict with this constitution, the
constitution and bylaws of the Evangelical Lutheran Church in
America, and the constitution of the synod, as indicated in
*C6.03.e.
d. The Congregation Council may
adopt “continuing resolutions,” which may provide descriptions of
operational patterns or of the ongoing responsibilities of
committees or other units within the organizational structure of
the congregation. Within the governing documents of a
congregation, continuing resolutions are the provisions most
easily amended. Unlike constitutional provisions and bylaws,
continuing resolutions may be updated regularly by the
Congregation Council without the necessity of calling a regular or
special Congregation Meeting. Continuing resolutions also are
codified with three sets of numbers except that the third set is
preceded by a capital letter. Thus, a continuing resolution might
be numbered C13. to designate the chapter; C13.07. to designate
the subject matter within the chapter; and the third set might be
numbered A05. in the codification C13.07.A05. to indicate by the
“A” that it is the first continuing resolution regarding that
subject and to indicate by the “05” that it was adopted in 2005.
> Ease of use: The provisions of your congregation’s
constitution, the bylaws, and the continuing resolutions that
pertain to the same matter should be placed together for clarity
and ease in use.
If chapter numbers are
considered the major sequence number, constitution numbers as a
fraction of the chapter number, and bylaw numbers as a fraction of
the constitution number, then the codification can be said to
provide a progressive sequence. Thus, *C5.01. will precede
C5.03.10., and C9.11.16. will precede *C9.13.
All provisions in the
Model
Constitution for Congregations are prefaced with “C” to
distinguish these provisions from comparable ones in the synodical
and churchwide constitutions.
> Missing numbers: As you work with the Model
Constitution for Congregations, you may notice that certain
numbers seem to be missing from the numbering sequence in some
chapters. That is intentional. In the style followed here, the
number “.10.” and multiples thereof have been reserved for
possible use as section headings in future editions. Therefore,
in the sequence, for example, of Chapters 1, 9, and 12, these
“.10.” numbers do not appear.
> Selection of options: Alternatives are provided in
certain places within the model. Those are noted by square
brackets. For example, *C9.01. offers the alternative of election
of a call committee by the congregation or by the Congregation
Council. One alternative should be chosen in each instance where
square brackets appear in the text.
Optional texts are provided in
separate paragraphs in Chapters 11 and 12 regarding the
Congregation Council and its membership. Each congregation will
need to select one of those options for council membership or a
variation thereof, subject to approval through the synod’s
constitutional review process.
> References to church: In the governing documents,
“Church” with a capital letter is used in references to the one,
holy, catholic, and apostolic Church. In references to the
Evangelical Lutheran Church in America, the words “church” and
“this church” in lower case letters are employed, although, for
clarity in this constitution, the full name or “ELCA” normally is
used.
The specific congregation may be
identified, as provided in C1.02., as “this congregation.”
> Guidelines:
A list of guidelines for a congregation
engaging in review and amendment of its constitution is available
through each synod office and on the ELCA Web site.
The task of amending a
constitution is not easy. It is, however, an important endeavor
that merits thoughtful work. In your constitutional
responsibilities, God grant you wisdom, mutual love, clear
understanding of good order, and commitment to the unity of this
church in faithful witness to our Lord and Savior, Jesus Christ.
The Rev. Lowell G. Almen
Secretary
Evangelical Lutheran Church in America
August 19, 2005
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*PREAMBLE
We, baptized members of the Church of
Christ, responding in faith to the call of the Holy Spirit through
the Gospel, desiring to unite together to preach the Word,
administer the sacraments, and carry out God’s mission, do hereby
adopt this constitution and solemnly pledge ourselves to be
governed by its provisions. In the name of the Father and of the
Son and of the Holy Spirit.
Chapter
1.
NAME AND INCORPORATION
C1.01.The name of this
congregation shall be ______________________________________ .
C1.02.For
the purpose of this constitution and the accompanying bylaws, the
congregation of (Insert
full legal name) is hereinafter designated as “this
congregation.”
C1.11.This congregation shall be incorporated under the
laws of the State of _____________________.
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^
Chapter
2.
CONFESSION OF FAITH
*C2.01.This congregation
confesses the Triune God, Father, Son, and Holy Spirit.
*C2.02.This congregation
confesses Jesus Christ as Lord and Savior and the Gospel as the
power of God for the salvation of all who believe.
a .Jesus Christ is
the Word of God incarnate, through whom everything was made and through
whose life, death, and resurrection God fashions a new creation.
b. The proclamation
of God’s message to us as both Law and Gospel is the Word of God,
revealing judgment and mercy through word and deed, beginning with the
Word in creation, continuing in the history of Israel, and centering in
all its fullness in the person and work of Jesus Christ.
c. The canonical
Scriptures of the Old and New Testaments are the written Word of God.
Inspired by God’s Spirit speaking through their authors, they record and
announce God’s revelation centering in Jesus Christ. Through them God’s
Spirit speaks to us to create and sustain Christian faith and fellowship
for service in the world.
*C2.03.This congregation
accepts the canonical Scriptures of the Old and New Testaments as the
inspired Word of God and the authoritative source and norm of its
proclamation, faith, and life.
*C2.04.This congregation
accepts the Apostles’, Nicene, and Athanasian Creeds as true
declarations of the faith of this congregation.
*C2.05.This congregation
accepts the Unaltered Augsburg Confession as a true witness to the
Gospel, acknowledging as one with it in faith and doctrine all
churches that likewise accept the teachings of the Unaltered Augsburg
Confession.
*C2.06.This congregation
accepts the other confessional writings in the Book of Concord,
namely, the Apology of the Augsburg Confession, the Smalcald Articles
and the Treatise, the Small Catechism, the Large Catechism, and the
Formula of Concord, asfurther valid interpretations of the faith of
the Church.
*C2.07.This congregation
confesses the Gospel, recorded in the Holy Scripture and confessed in
the ecumenical creeds and Lutheran confessional writings, as the power
of God to create and sustain the Church for God’s mission in the
world.
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Chapter 3.
NATURE OF THE CHURCH
*C3.01. All power in the
Church belongs to our Lord Jesus Christ, its head. All actions of this
congregation are to be carried out under his rule and authority.
*C3.02.The Church exists both
as an inclusive fellowship and as local congregations gathered for
worship and Christian service. Congregations find their fulfillment
in the universal community of the Church, and the universal Church
exists in and through congregations. The Evangelical Lutheran Church
in America, therefore, derives its character and powers both from the
sanction and representation of its congregations and from its inherent
nature as an expression of the broader fellowship of the faithful. In
length, it acknowledges itself to be in the historic continuity of the
communion of saints; in breadth, it expresses the fellowship of
believers and congregations in our day.
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^
Chapter 4.
STATEMENT OF PURPOSE
*C4.01. The Church is a people
created by God in Christ, empowered by the Holy Spirit, called and
sent to bear witness to God’s creative, redeeming, and sanctifying
activity in the world.
*C4.02. To participate in
God’s mission, this congregation as a part of the Church shall:
a. Worship God in
proclamation of the Word and administration of the sacraments and
through lives of prayer, praise, thanksgiving, witness, and service.
b. Proclaim
God’s saving Gospel of justification by grace for Christ’s sake
through faith alone, according to the apostolic witness in the Holy
Scripture, preserving and transmitting the Gospel faithfully to future
generations.
c. Carry out Christ’s
Great Commission by reaching out to all people to bring them to faith
in Christ and by doing all ministry with a global awareness consistent
with the understanding of God as Creator, Redeemer, and Sanctifier of
all.
d. Serve in response
to God’s love to meet human needs, caring for the sick and the aged,
advocating dignity and justice for all people, working for peace and
reconciliation among the nations, and standing with the poor and
powerless, and committing itself to their needs.
e. Nurture its
members in the Word of God so as to grow in faith and hope and love,
to see daily life as the primary setting for the exercise of their
Christian calling, and to use the gifts of the Spirit for their life
together and for their calling in the world.
f. Manifest the
unity given to the people of God by living together in the love of
Christ and by joining with other Christians in prayer and action to
express and preserve the unity which the Spirit gives.
*C4.03. To fulfill these
purposes, this congregation shall:
a. Provide services
of worship at which the Word of God is preached and the sacraments are
administered.
b. Provide pastoral
care and assist all members to participate in this ministry.
c. Challenge, equip,
and support all members in carrying out their calling in their daily
lives and in their congregation.
d. Teach the Word of
God.
e. Witness to the
reconciling Word of God in Christ, reaching out to all people.
f. Respond to human
need, work for justice and peace, care for the sick and the suffering,
and participate responsibly in society.
g. Motivate its
members to provide financial support for the congregation’s ministry
and the ministry of other parts of the Evangelical Lutheran Church in
America.
h. Foster and
participate in interdependent relationships with other congregations,
the synod, and the churchwide organization of the Evangelical Lutheran
Church in America.
i. Foster and
participate in ecumenical relationships consistent with churchwide
policy.
*C4.04.This congregation shall
develop an organizational structure to be described in the bylaws. The
Congregation Council shall prepare descriptions of the
responsibilities of each committee, task force, or other
organizational group and shall review their actions. [Such
descriptions shall be contained in continuing resolutions in the
section on the Congregation Council.]
*C4.05.This congregation shall, from time to time, adopt a mission
statement which will provide specific direction for its programs.
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Chapter 5.
POWERS OF THE CONGREGATION
*C5.01.The powers of this
congregation are those necessary to fulfill its purpose.
*C5.02.The powers of this
congregation are vested in the Congregation Meeting called and
conducted as provided in this constitution and bylaws.
*C5.03. Only such authority as
is delegated to the Congregation Council or other organizational units
in this congregation’s governing documents is recognized. All
remaining authority is retained by the congregation. The congregation
is authorized to:
a. call a pastor as
provided in Chapter 9;
b. terminate the call
of a pastor as provided in Chapter 9;
c. call or terminate
the call of associates in ministry, deaconesses, and diaconal
ministers in conformity with the applicable policy of the Evangelical
Lutheran Church in America;
d. adopt amendments
to the constitution, as provided in Chapter 17, and amendments to the
bylaws, as specified in Chapter 16.
e. approve the annual
budget;
f. acquire real and
personal property by gift, devise, purchase, or other lawful means;
g. hold title to and
use its property for any and all activities consistent with its
purpose;
h. sell, mortgage,
lease, transfer, or otherwise dispose of its property by any lawful
means;
i. elect its
[officers][,] [and] Congregation Council, [boards, and committees,]
and require [them] [the members of the council] to carry out their
duties in accordance with the constitution[,] [and] bylaws[,] [and
continuing resolutions]; and
j. terminate its
relationship with the Evangelical Lutheran Church in America as
provided in Chapter 6.
*C5.04.This congregation shall
choose from among its voting members laypersons to serve as voting
members of the Synod Assembly as well as persons to represent it at
meetings of any conference, cluster, coalition, or other area
subdivision of which it is a member. The number of persons to be
elected by the congregation and other qualifications shall be as
prescribed in guidelines established by the (insert name of
synod) of the Evangelical Lutheran Church in America.
C5.05.This congregation shall
have a mission endowment fund that will operate as specified in this
congregation’s [bylaws] [continuing resolutions]. The purpose of the
mission endowment fund is to provide for mission work beyond the
operational budget of this congregation.
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^
Chapter 6.
CHURCH AFFILIATION
*C6.01.This congregation shall
be an interdependent part of the Evangelical Lutheran Church in
America or its successor, and of the (insert name of synod) Synod of the Evangelical Lutheran Church in America. This
congregation is subject to the discipline of the Evangelical Lutheran
Church in America.
*C6.02.This congregation
accepts the Confession of Faith and agrees to the Purposes of the
Evangelical Lutheran Church in America and shall act in accordance
with them.
*C6.03.This congregation
acknowledges its relationship with the Evangelical Lutheran Church in
America in which:
a. This congregation
agrees to be responsible for its life as a Christian community.
b. This congregation
pledges its financial support and participation in the life and
mission of the Evangelical Lutheran Church in America.
c. This congregation
agrees to call pastoral leadership from the clergy roster of the
Evangelical Lutheran Church in America in accordance with its call
procedures except in special circumstances and with the approval of
the bishop of the synod.
d. This congregation
agrees to consider associates in ministry, deaconesses, and diaconal
ministers for call to other staff positions in the congregation
according to the procedures of the Evangelical Lutheran Church in
America.
This congregation
agrees to file this constitution and any subsequent changes to this
constitution with the synod for review to ascertain that all of its
provisions are in agreement with the constitution and bylaws of the
Evangelical Lutheran Church in America and with the constitution of
the synod.
*C6.04. Affiliation with the
Evangelical Lutheran Church in America may be terminated as follows:
a. This congregation
takes action to dissolve.
b. This congregation
ceases to exist.
c. This congregation
is removed from membership in the Evangelical Lutheran Church in
America according to the procedures for discipline of the Evangelical
Lutheran Church in America.
d. This congregation
follows the procedures outlined in *C6.05.
*C6.05.This congregation may
terminate its relationship with the Evangelical Lutheran Church in
America by the following procedure:
a. A resolution
indicating the desire of this congregation to terminate its
relationship must be adopted at a legally called and conducted special
meeting of this congregation by a two-thirds majority of the voting
members present.
b. The secretary of
this congregation shall submit a copy of the resolution to the
synodical bishop and shall mail a copy of the resolution to voting
members of this congregation. This notice shall be submitted within 10
days after the resolution has been adopted.
c. The bishop of the
synod shall consult with this congregation during a period of at least
90 days.
d. If this
congregation, after consultation, still desires to terminate its
relationship, such action may be taken at a legally called and
conducted special meeting by a two-thirds majority of the voting
members present, at which meeting the bishop of the synod or an
authorized representative shall be present. Notice of the meeting
shall be mailed to all voting members at least 10 days in advance of
the meeting.
e. A certified
copy of the resolution to terminate its relationship shall be sent to
the synodical bishop, at which time the relationship between this
congregation and the Evangelical Lutheran Church in America shall be
terminated.
f. Notice of
termination shall be forwarded by the synodical bishop to the
secretary of this church and published in the periodical of this
church.
g. 1 Since this
congregation was a member of the Lutheran Church in America, it
shall be required, in addition to the foregoing provisions in
*C6.05., to receive synodical approval before terminating its
membership in the Evangelical Lutheran Church in America.
h. 2
Since this
congregation was established by the Evangelical Lutheran Church in
America, it shall be required, in addition to the foregoing
provisions in *C6.05., to receive synodical approval before
terminating its membership in the Evangelical Lutheran Church in
America.
*C6.06.If this congregation
considers relocation, it shall confer with the bishop of the synod in
which it is territorially located before any steps are taken leading
to such action. The approval of the Synod Council shall be received
before any such action is effected.
1 This provision
is to be used in the constitutions of all congregations that
formerly were a part of the Lutheran Church in America, in accord
with provision 9.62.h. in the Constitution, Bylaws, and
Continuing Resolutions of the Evangelical Lutheran Church in
America.
2 This provision
is to be used in the constitutions of all congregations that have
been established by the Evangelical Lutheran Church in America, in
accord with provision 9.62.h. in the Constitution, Bylaws, and
Continuing Resolutions of the Evangelical Lutheran Church in
America.
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Chapter 7.
PROPERTY OWNERSHIP
*C7.01.If this congregation
ceases to exist, title to undisposed property shall pass to the (insert
name of synod) Synod of the Evangelical Lutheran Church in
America.
*C7.02.If this congregation is
removed from membership in the Evangelical Lutheran Church in America
according to its procedure for discipline, title to property shall
continue to reside in this congregation.
*C7.03.If a two-thirds
majority of the voting members of this congregation present at a
legally called and conducted special meeting of this congregation vote
to transfer to another Lutheran church body, title to property shall
continue to reside in this congregation. Before this congregation
takes action to transfer to another Lutheran church body, it shall
consult with representatives of the (insert name of synod) Synod.
*C7.04.If a two-thirds
majority of the voting members of this congregation present at a
legally called and conducted special meeting of this congregation vote
to become independent or relate to a non-Lutheran church body, title
to property of this congregation shall continue to reside in this
congregation only with the consent of the Synod Council. The Synod
Council, after consultation with this congregation by the established synodical process, may give approval to the request to become
independent or to relate to a non-Lutheran church body, in which case
title shall remain with the majority of this congregation. If the
Synod Council fails to give such approval, title shall remain with
those members who desire to continue as a congregation of the
Evangelical Lutheran Church in America.
C7.05.Notwithstanding the
provisions of *C7.02. and *C.7.03. above, where this congregation has
received property from the synod pursuant to a deed or other
instrument containing restrictions under provision 9.71.a. of the
Constitution, Bylaws, and Continuing Resolutions of the Evangelical
Lutheran Church in America, this congregation accepts such
restrictions and:
a. Shall not transfer, encumber, mortgage,
or in any way burden or impair any right, title, or interest in the
property without prior approval of the Synod Council.
b. Shall—upon
written demand by the Synod Council, pursuant to †S13.23. of
the constitution of the (insert name of synod) —reconvey
and transfer all right, title, and interest in the property to the
synod.
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Chapter 8.
MEMBERSHIP
*C8.01. Members of this
congregation shall be those baptized persons on the roll of this
congregation at the time that this constitution is adopted and those
who are admitted thereafter and who have declared and maintain their
membership in accordance with the provisions of this constitution and
its bylaws.
*C8.02. Members shall be
classified as follows:
a.
Baptized
members are those persons who have been received by the Sacrament of
Holy Baptism in this congregation, or, having been previously baptized
in the name of the Triune God, have been received by certificate of
transfer from other Lutheran congregations or by affirmation of faith.
b. Confirmed
members are baptized persons who have been confirmed in this
congregation, those who have been received by adult baptism or by
transfer as confirmed members from other Lutheran congregations, or
baptized persons received by affirmation of faith.
c. Voting
members are confirmed members. Such confirmed members, during the
current or preceding calendar year, shall have communed in this
congregation and shall have made a contribution of record to this
congregation. Members of this congregation who have satisfied these
basic standards shall have the privilege of voice and vote at every
regular and special meeting of the congregation.
d. Associate
members are persons holding membership in other [Lutheran]
[Christian] congregations who wish to retain such membership but
desire to participate in the life and mission of this congregation, or
persons who wish to retain a relationship with this congregation while
being members of other congregations. They have all the privileges and
duties of membership except voting rights and eligibility for elected offices or membership on the
Congregation Council of this congregation.
*C8.03. All applications for
confirmed membership shall be submitted to and shall require the
approval of the Congregation Council.
*C8.04. It shall be the
privilege and duty of members of this congregation to:
a. make regular use
of the means of grace, both Word and sacraments;
b. live a Christian
life in accordance with the Word of God and the teachings of the
Lutheran church; and
c. support the work
of this congregation, the synod, and the churchwide organization of
the Evangelical Lutheran Church in America through contributions of
their time, abilities, and financial support as biblical stewards.
*C8.05. Membership in this
congregation shall be terminated by any of the following:
a. death;
b. resignation;
c. transfer or
release;
d. disciplinary
action by the Congregation Council; or
e. removal from the
roll due to inactivity as defined in the bylaws.
Such persons who have been removed from
the roll of members shall remain persons for whom the Church has a
continuing pastoral concern.
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Chapter 9.
THE PASTOR
*C9.01.Authority
to call a pastor shall be in this congregation by at least a
two-thirds majority ballot vote of members present and voting
at a meeting legally called for that purpose. Before a call is issued,
the officers, or a committee elected by [this congregation] [the
Congregation Council] to recommend the call, shall seek the advice and
help of the bishop of the synod.
*C9.02.Only a member of the
clergy roster of the Evangelical Lutheran Church in America or a
candidate for the roster of ordained ministers who has been
recommended for the congregation by the synodical bishop may be called
as a pastor of this congregation.
*C9.03.Consistent with the
faith and practice of the Evangelical Lutheran Church in America,
a. Every ordained
minister shall:
1)preach the
Word;
2) administer
the sacraments;
3)conduct
public worship;
4) provide
pastoral care; and
5) speak publicly to the world in
solidarity with the poor and oppressed, calling for justice and
proclaiming God’s love for the world.
b. Each ordained
minister with a congregational call shall, within the congregation:
1)offer
instruction, confirm, marry, visit the sick and distressed, and bury
the dead;
2)supervise
all schools and organizations of this congregation;
3) install
regularly elected members of the Congregation Council; and
4)with the
council, administer discipline.
c. Every pastor
shall:
1)strive to
extend the Kingdom of God in the community, in the nation, and abroad;
2)seek out
and encourage qualified persons to prepare for the ministry of the
Gospel;
3)impart
knowledge of this church and its wider ministry through distribution
of its periodicals and other publications; and
4)endeavor
to increase the support given by the congregation to the work of the
churchwide organization of the Evangelical Lutheran Church in America
(ELCA) and of the (insert name of synod) Synod of
the ELCA.
*C9.04.The specific duties of
the pastor, compensation, and other matters pertaining to the service
of the pastor shall be included in a letter of call, which shall be
attested by the bishop of the synod.
*C9.05.
a. The call of a
congregation, when accepted by a pastor, shall constitute a continuing
mutual relationship and commitment, which, except in the case of the
death of the pastor, shall be terminated only following consultation
with the synodical bishop and for the following reasons:
1)mutual
agreement to terminate the call or the completion of a call for a
specific term;
2)resignation of the pastor, which shall become effective, unless
otherwise agreed, 30 days after the date on which it was submitted;
3)inability
to conduct the pastoral office effectively in the congregation
in view of local conditions, without reflection on the competence or
the moral and spiritual character of the pastor;
4)the
physical or mental incapacity of the pastor;
5)disqualification of the pastor through discipline on grounds of
doctrine, morality, or continued neglect of duty;
6) the
dissolution of the congregation; or
7)suspension
of the congregation as a result of discipline proceedings.
b. When allegations
of physical or mental incapacity of the pastor or ineffective conduct
of the pastoral office have come to the attention of the bishop of the
synod, the bishop in his or her sole discretion may, or when such
allegations have been brought to the synod’s attention by an official recital of allegations
by the Congregation Council or by a petition signed by at least
one-third of the voting members of the congregation, the bishop shall,
investigate such conditions personally in company with a committee of
two ordained ministers and one layperson.
c. In case of alleged
physical or mental incapacity, competent medical testimony shall be
obtained. When such disability is evident, the bishop of the synod with the advice of
the committee shall declare the pastorate vacant. Upon the
restoration of a disabled pastor to health, the bishop of the synod
shall take steps to enable the pastor to resume the ministry, either
in the congregation last served or in another field of labor.
d. In the case of
alleged local difficulties that imperil the effective functioning of
the congregation, all concerned persons shall be heard, after which
the bishop of the synod together with the committee described in
*C9.05.b. shall decide on the course of action to be recommended to
the pastor and the congregation. If they agree to carry out such
recommendations, no further action shall be taken by the synod. If
either party fails to assent, the congregation may dismiss the pastor
at a legally called meeting after consultation with the bishop, either
(a) by a two-thirds majority vote of the voting members present and
voting where the bishop and the committee did not recommend
termination of the call, or (b) by a simple majority vote of the
voting members present and voting where the bishop and the committee
recommended termination of the call.
e. If, in the course
of proceedings described in *C9.05.d., the committee concludes that there may be
grounds for disciplinary action, the committee shall make
recommendations concerning disciplinary action to the synodical
bishop, who may bring charges in accordance with the provisions of the
constitution and bylaws of the Evangelical Lutheran Church in America
and the constitution of this synod.
f. If, following the
appointment of the committee described in *C9.05.b. or d., it should
become apparent that the pastoral office cannot be conducted
effectively in the congregation(s) being served by the ordained
minister due to local conditions, the bishop of the synod may
temporarily suspend the pastor from service in the congregation(s)
without prejudice and with pay provided through a joint synodical and
churchwide fund and with housing provided by the congregation(s).
*C9.06. At a time of pastoral
vacancy, an interim pastor shall be appointed by the bishop of the
synod with the consent of this congregation or the Congregation
Council.
*C9.07.During the period of
service, an interim pastor shall have the rights and duties in the
congregation of a regularly called pastor and may delegate the same in
part to a supply pastor with the consent of the bishop of the synod
and this congregation or Congregation Council. The interim pastor and
any ordained pastor providing assistance shall refrain from exerting
influence in the selection of a pastor.
*C9.08.This congregation shall
make satisfactory settlement of all financial obligations to a former
pastor before calling a successor. A pastor shall make satisfactory
settlement of all financial obligations to this congregation before
beginning service in a call to another congregation or employment in
another ministry setting related to the Evangelical Lutheran Church in
America.
*C9.09.When a pastor is called
to serve in company with another pastor or pastors, the privileges and
responsibilities of each pastor shall be specified in documents to
accompany the call and to be drafted in consultation involving the
pastors, the Congregation Council, and the bishop of the synod. As
occasion requires, the documents may be revised through a similar
consultation.
*C9.11. With the approval of
the bishop of the synod, the congregation may depart from *C9.05.a.
and call a pastor for a specific term. Details of such calls shall be
in writing setting forth the purpose and conditions involved. Prior to
the completion of a term, the bishop or a designated representative of
the bishop shall meet with the pastor and representatives of the
congregation for a review of the call. Such a call may also be
terminated before its expiration in accordance with the provisions of
*C9.05.a.
*C9.12.The pastor of this
congregation:
a. shall keep
accurate parochial records of all baptisms, confirmations, marriages, burials, communicants,
members received, members dismissed, or members excluded from
the congregation;
b. shall submit a
summary of such statistics annually to the synod; and
c. shall
become a member of this congregation upon receipt and acceptance
of the letter of call. In a parish of multiple congregations, the
pastor shall hold membership in one of the congregations.
*C9.13.The pastor(s) shall
submit a report of his or her ministry to the bishop of the synod at
least 90 days prior to each regular meeting of the Synod Assembly.
*C9.14.The parochial records
of this congregation shall be maintained by the pastor and shall
remain the property of the congregation. The secretary of this
congregation shall attest in writing to the bishop of this synod that
such records have been placed in his or her hands in good order by a
departing pastor before the installation of that pastor in another
field of labor or the granting by the synod of retired status to the
pastor.
C9.20. Ecumenical pastoral
ministry
C9.21.Under special
circumstances, subject to the approval of the synodical bishop and the
concurrence of this congregation, an ordained minister of a church
body with which the Evangelical Lutheran Church in America officially
has established a relationship of full communion may serve temporarily
as pastor of this congregation under a contract between the
congregation and the ordained minister in a form proposed by the
synodical bishop and approved by the congregation.
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Chapter 10.
CONGREGATION MEETING
C10.01.The [annual][semi-annual][quarterly]
meeting of this congregation shall be held at a time specified in the
bylaws.
C10.02.A special Congregation
Meeting may be called by the pastor, the Congregation Council, or the
president of this congregation, and shall be called by the president
of the congregation upon the written request of _______ [number][percent]
of the voting members. The call for each special meeting shall specify
the purpose for which it is to be held and no other business shall be
transacted.
C10.03.Notice of all meetings
of this congregation shall be given at the services of worship on the
preceding two consecutive Sundays and by mail to all [voting] members
at least 10 days in advance of the date of the meeting. The posting of
such notice in the regular mail, with the regular postage affixed or
paid, sent to the last known address of such members shall be
sufficient.
C10.04._________
voting members shall constitute a quorum.
C10.05.Voting by proxy or by
absentee ballot shall not be permitted.
C10.06.All actions approved by
the congregation shall be by majority vote of those voting members
present and voting, except as otherwise provided in this constitution
or by state law.
C10.07.Robert’s Rules of
Order, latest edition, shall govern parliamentary procedure of
all meetings of this congregation.
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Chapter
11.
OFFICERS
C11.01.The officers of this
congregation shall be a president, vice president, secretary, and
treasurer.
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 shall be voting members of the Congregation Council.
d. If the
Congregation Council elects its officers, the president, vice
president, and secretary shall be selected from the elected
membership of the Congregation Council. [If the treasurer is not
selected from the elected membership of the Congregation Council, the
treasurer shall have voice but not vote at the meetings of the
Congregation Council.]
C11.02.The [congregation][Congregation
Council] shall elect its officers and they shall be the officers of
the congregation. The officers shall be elected by written ballot and
shall serve for one year or until their successors are elected. Their
terms shall begin at the close of the annual meeting at which they are
elected.
or
The pastor shall be ex officio
president of the congregation and the Congregation Council. The [congregation][Congregation
Council] shall elect by written ballot the other officers of the
congregation who shall serve for one year or until their successors
are elected. Their terms shall begin at the close of the annual
meeting at which they are elected.
or
The pastor shall be ex officio
president of the congregation and the Congregation Council. The [congregation][Congregation
Council] shall elect by written ballot the other officers of the
congregation who shall serve for one year or until their successors
are elected. Their terms shall begin on __________ (month and
day) and end on _____________ (month and day).
or
The officers shall be elected by the
[congregation] [Congregation Council] by written ballot and shall
serve for one year. The term shall begin on__________ (month
and day) and end on __________ (month and day).
C11.03. No officer shall hold
more than one office at a time. No elected officer shall be eligible
to serve more than two consecutive terms in the same office.
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Chapter
12.
CONGREGATION COUNCIL
C12.01.The voting membership of
the Congregation Council shall consist of the pastor(s)[, the officers
of the congregation,] and [ ________ members] [not more
than__________ nor fewer than________ 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 four
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 __________ years or until their
successors are elected. Such members shall be eligible to serve no
more than two full terms consecutively. Their terms shall begin at the
close of the annual meeting at which they are elected.
or
The members of the Congregation Council
except the pastor(s) shall be elected at a legally called meeting of
the congregation during the month of __________. Their term
of office shall be for_________
years, with the term of office beginning on _________
(month and day) and ending on __________ (month and day).
Newly elected Congregation Council members shall be installed at
worship the Sunday prior to the date they assume office.
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.
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 [trustees] [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
________________ , 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 $_________
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 of more
than $__________ in excess 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.
C12.09.The Congregation Council
shall submit a comprehensive report to this congregation at the annual
meeting.
C12.11.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.
C12.12. 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.
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Chapter
13.
CONGREGATION COMMITTEES
C13.01.The officers of this
congregation and the pastor shall constitute the Executive
Committee.
C13.02.A Nominating
Committee of six voting members of this congregation, two of
whom, if possible, shall be outgoing members of the Congregation
Council, shall be elected at the annual meeting for a term of one
year. Members of the Nominating Committee are not eligible for
consecutive reelection.
C13.03.An Audit
Committee of three voting members shall be elected by the
Congregation Council. Audit Committee members shall not be members of
the Congregation Council. Term of office shall be three years, with
one member elected each year. Members shall be eligible for
reelection.
C13.04.A Mutual Ministry Committee (in the absence of a mutual
ministry committee, the duties shall be fulfilled by the executive
committee) shall be appointed jointly by the president [vice president 3 ]
and the pastor. Term of office shall be two years, with three members
to be appointed each successive year.
C13.05.When a pastoral vacancy
occurs, a Call Committee of six voting members shall be
elected by [this congregation] [the Congregation Council]. Term of
office will terminate upon installation of the newly called pastor.
C13.06.Other committees of this
congregation may be formed, as the need arises, by decision of the
Congregation Council.
C13.07.Duties of committees of
this congregation shall be specified in the [bylaws][continuing
resolutions].
C13.08.The [senior] pastor of
this congregation shall be ex officio a member of all
committees and boards of the congregation. [The president of this
congregation shall be ex officio a member of all committees and
boards of the congregation, except the Nominating Committee.]
[3] For use if the pastor is president of the congregation under
two of the options in C11.02.
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Chapter
14.
ORGANIZATIONS WITHIN THE CONGREGATION
C14.01.All organizations within
this congregation shall exist to aid it in ministering to the members
of this congregation and to all persons who can be reached with the
Gospel of Christ. As outgrowths and expressions of this congregation’s
life, the organizations are subject to its oversight and direction.
This congregation at its meeting shall determine their policies, guide
their activities, and receive reports concerning their membership,
work, and finances.
C14.02.Special interest groups,
other than those of the official organizations of the Evangelical
Lutheran Church in America, may be organized only after authorization
has been given by the Congregation Council [and specified in a
continuing resolution].
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Chapter 15.
DISCIPLINE OF MEMBERS AND ADJUDICATION
*C15.01.Denial of the Christian
faith as described in this constitution, conduct grossly unbecoming a
member of the Church of Christ, or persistent trouble-making in this
congregation are sufficient cause for discipline of a member. Prior to
disciplinary action, reconciliation will be attempted following
Matthew 18:15-17, proceeding through these successive steps: a)
private admonition by the pastor, b) admonition by the pastor in the
presence of two or three witnesses, and c) citation to appear before
the Congregation Council. If, for any reason, the pastor is unable to
administer the admonitions required by a. and b. hereof, the president
(if not the pastor) or vice president shall administer such
admonitions.
*C15.02.The process for
discipline of a member of the congregation shall be governed as
prescribed by the chapter on discipline in the Constitution,
Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church
in America. If discipline against a member proceeds beyond
counseling and admonition by the pastor, charges against the accused member(s) that are specific and in writing shall be prepared by
member(s) of the congregation who shall sign the charges as the
accuser(s). The written charges shall be filed with the pastor, who
shall advise the Congregation Council of the need to issue a written
citation to the accused and the accusers that specifies the time and
place of the hearing before the Congregation Council. The written
charges shall accompany the written citation to the accused. A member
charged with the offense shall appear before the Congregation Council
after having received a written citation, at least ten days prior to
the meeting. If the member charged with the offense fails to appear
at the scheduled hearing, the Congregation Council may proceed with
the hearing and may pass judgment in the member’s absence.
*C15.03.Members of the
Congregation Council who participate in the preparation of the written
charges or who present evidence or testimony in the hearing before the
Congregation Council are disqualified from voting upon the question of
the guilt of the accused member. Should the allegations be sustained by a two-thirds
majority vote of the members of the Congregation Council who
are not disqualified but who are present and voting, and renewed
admonition prove ineffectual, the council shall impose one of the
following disciplinary actions:
a. censure before the
council or congregation;
b. suspension from
membership for a definite period of time; or
c. exclusion from
membership in this congregation.
Disciplinary actions b. and c. shall be delivered to the member in
writing.
*C15.04.The member against whom
disciplinary action has been taken by the Congregation Council shall
have the right to appeal the decision to the Synod Council. Such right
may not be abridged and the decision of the Synod Council shall be
final.
*C15.05.Disciplinary actions may
be reconsidered and revoked by the Congregation Council upon receipt
of a) evidence that injustice has been done or b) evidence of
repentance and amendment.
*C15.06.For
disciplinary actions in this congregation, “due process” shall be
observed as specified in 20.41.04. in the Constitution,
Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church
in America.
*C15.07.No member of a
congregation shall be subject to discipline for offenses that the
Congregation Council has previously heard and decided, unless so
ordered by the Synod Council after an appeal.
*C15.10. Adjudication
*C15.11.When there is
disagreement among factions within this congregation on a substantive
issue that cannot be resolved by the parties, members of this
congregation shall have access to the synodical bishop for
consultation after informing the chair of the Congregation Council of
their intent. If the consultation fails to resolve the issue(s), the
Consultation Committee of the synod shall consider the matter. If the
Consultation Committee of the synod shall fail to resolve the issue(s),
the matter shall be referred to the Synod Council, whose decision
shall be final.
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Chapter 16
BYLAWS
*C16.01.This congregation may
adopt bylaws. No bylaw may conflict with this constitution.
*C16.02.Bylaws may be adopted or
amended at any legally called meeting of this congregation with a
quorum present by a majority vote of those voting members present and
voting.
*C16.03.Changes to the bylaws
may be proposed by any voting member provided, however, that such
additions or amendments be submitted in writing to the Congregation
Council at least 60 days before a regular or special Congregation
Meeting called for that purpose and that the Congregation Council
notify the congregation’s members by mail of the proposal with the
council’s recommendations at least 30 days in advance of the
Congregation Meeting.
*C16.04.Approved changes to the
bylaws shall be sent by the secretary of this congregation to the
synod.
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Chapter
17.
AMENDMENTS
*C17.01.Unless provision *C17.04 is applicable, those sections of this
constitution that are not required, in accord with the Model
Constitution for Congregations of the Evangelical Lutheran Church in
America, may be amended in the following manner. Amendments may
be proposed by at least__________ voting members or by the
Congregation Council. Proposals must be filed in writing with the
Congregation Council 60 days before formal consideration by this
congregation at a regular or special Congregation Meeting called for
that purpose. The Congregation Council shall notify the congregation’s
members by mail of the proposal together with the council’s
recommendations at least 30 days in advance of the meeting.
*C17.02. An amendment to this
constitution, proposed under *C17.01., shall:
a. be approved at a legally called
Congregation Meeting according to this constitution by a majority
vote of those present and voting;
b. be ratified without change at
the next annual meeting by a two-thirds majority vote of those
present and voting; and
c. have the effective date included
in the resolution 4
and noted in the constitution.
*C17.03.Any amendments to this
constitution that result from the processes provided in *C17.01. and
*C17.02. shall be sent by the secretary of this congregation to the
synod. The amendment shall become effective within 120 days from the
date of the receipt of the notice by the synod unless the synod
informs this congregation that the amendment is in conflict with the
constitution and bylaws of the Evangelical Lutheran Church in America
or the constitution of the (insert name of synod) Synod of the ELCA.
*C17.04.This constitution may be amended to bring any section
into conformity with a section or sections, either required or not
required, of the Model Constitution for Congregations of the
Evangelical Lutheran Church in America—as
most recently amended by the Churchwide Assembly—by a simple majority vote of those voting members present
and voting at any legally called meeting of the congregation without
presentation at a prior meeting of the congregation, provided that the
Congregation Council has submitted by mail notice to the congregation
of such an amendment or amendments, together with the council’s
recommendations, at least 30 days prior to the meeting. Upon the
request of___voting members of the
congregation, the Congregation Council shall submit such notice. Following the
adoption of an amendment, the secretary of the congregation shall
submit a copy thereof to the synod. Such provisions shall become
effective immediately following a vote of approval.
4 Such an effective date must be stated in relation to
the requirements of *C17.03. to allow time for synodical review of
the amendment.
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Chapter
18.
CONTINUING RESOLUTIONS
*C18.01.The congregation in a legally called meeting or the Congregation Council
may enact continuing resolutions. Such continuing resolutions may not
conflict with the constitution or bylaws of this congregation.
*C18.02.Continuing resolutions
shall be enacted or amended by a majority vote of a meeting of the
congregation or a two-thirds vote of all voting members
of the Congregation Council.
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Chapter
19.
INDEMNIFICATION
*C19.01. Consistent with the
provisions of the laws under which this congregation is incorporated,
this congregation may adopt provisions providing indemnification for
each person who, by reason of the fact that such person is or was a
Congregation Council member, officer, employee, agent, or other member
of any committee of this congregation, was or is threatened to be made
a party to any threatened, pending, or completed civil, criminal,
administrative, arbitration, or investigative proceeding.
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Chapter
20.
PARISH AUTHORIZATION
[* Required provisions when
congregation is part of a parish]
*C20.01.This congregation may
unite in partnership with one or more other congregations recognized
by the synod named in *C6.01. to form a parish. Except as provided in *C20.02.
and
*C20.03., a written agreement, developed in consultation
with the synod and approved by the voting members of each congregation
participating in the parish, shall specify the powers and
responsibilities that have been delegated to a Parish Council.
*C20.02.Whenever a letter of
call is being recommended for extension to an ordained minister of the
Evangelical Lutheran Church in America or a candidate for the roster
of ordained ministers who has been recommended to the congregation by
the synodical bishop to serve the congregations of a parish, such
letter of call shall be first approved by a two-thirds vote at
congregational meetings of each of the congregations forming the
parish. If any congregation of the parish should fail to approve
extending this call, the other congregation(s) in the same parish
shall have the right to terminate the parish arrangement.
*C20.03.Any one of the
congregations of a parish may terminate the call of a pastor as
provided in †S14.13.d. of the synodical constitution of the synod
named in *C6.01. In such case, the other congregation(s) in the same
parish shall have the right to terminate the parish arrangement.
* Required Provision
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