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INTRODUCTION
Placement together of those constitutional
provisions, bylaws, and continuing resolutions that pertain to the same
matter is recommended.
Each is separately codified, but all are preceded
by the letter, "S," denoting that they are part of the synodical
constitution.
a. Constitutional provisions are codified by two sets of
numbers, as in S9.08. or S10.01.
b. A bylaw related to S9.08. would be
codified as S9.08.01., and to S10.01. as S10.01.01. A bylaw under a
required provision would not carry the dagger, "†", that designates a
required constitutional provision.
c. Continuing resolutions also are
codified by three sets of numbers, except that the third set is preceded
by a capital letter. Thus, a continuing resolution might be numbered
S10. to designate the chapter; S10.07. to designate the subject matter
within the chapter; and the third set might be numbered A03. in the
codification S10.07.A03. to indicate by the "A" that it is the first
continuing resolution regarding that subject and by the "03" that it was
adopted in 2003.
Types of constitutional provisions
Three types of
constitutional provisions are found within each synod’s constitution.
a.
Required provisions are designated by a dagger, "†". Such required
provisions:
(1) may only be adopted or amended by the Churchwide
Assembly;
(2) may not be altered or amended by the Synod Assembly; and
(3) are to be introduced "at once" into the synod’s constitution upon
notification of the amendment or adoption of the provision. (†S18.11.).
b. Recommended provisions are provided in this Constitution for Synods,
as approved by the Churchwide Assembly. Such recommended provisions may
be adopted by majority vote at one meeting of the Synod Assembly
(†S18.12.).
c. Other provisions may be initiated in and adopted by each
respective synod (†S18.13.), but such provisions may not conflict with
required constitutional provisions or with churchwide constitutional
provisions and bylaws. Synodical constitutional amendments become
effective upon ratification by the Church Council or Churchwide
Assembly.
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CONSTITUTION FOR SYNODS
Chapter 1.
NAME AND INCORPORATION
†S1.01. The name of this synod shall be
(name of synod) of the Evangelical Lutheran Church in America.
†S1.02. For the purposes of this constitution
and the accompanying bylaws, the (name of synod) of the Evangelical
Lutheran Church in America is hereafter designated as “this synod” or
“the synod.”
†S1.11. This synod shall be incorporated.
Amendments to the articles of incorporation of this synod shall be
submitted to the Church Council for ratification before filing.
†S1.21. The seal of this synod is
(describe).
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Chapter 2.
STATUS
†S2.01. This synod possesses the powers
conferred upon it, and accepts the duties and responsibilities assigned
to it, in the Constitution, Bylaws, and Continuing Resolutions of the
Evangelical Lutheran Church in America (ELCA or “this church”), which
are recognized as having governing force in the life of this synod.
†S2.02. No provision of this constitution
shall be inconsistent with the constitution and bylaws of this church.
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Chapter 3.
TERRITORY
†S3.01. The
territory of this synod, as determined by the Churchwide Assembly, shall
be: ______________________________________________________________________
†S3.02. “Determined by the Churchwide Assembly,” as stipulated by †S3.01., is understood to include
the reported changes in synod relationship made by any congregation in a
border area agreed under ELCA bylaws 10.01.11. and 10.02.02.
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Chapter 4.
CONFESSION OF FAITH
†S4.01. This synod confesses the Triune God,
Father, Son, and Holy Spirit.
†S4.02. This synod 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.
†S4.03. This synod 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.
†S4.04. This synod accepts the Apostles’,
Nicene, and Athanasian Creeds as true declarations of the faith of this
synod.
†S4.05. This synod 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.
†S4.06. This synod 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, as further
valid interpretations of the faith of the Church.
†S4.07. This synod 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 5.
NATURE OF THE CHURCH
†S5.01. All
power in the Church belongs to our Lord Jesus Christ, its head. All
actions of this synod are to be carried out under his rule and
authority.
†S5.02. 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. This church, 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 6.
STATEMENT OF PURPOSE
†S6.01. 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.
†S6.02. To participate in God’s mission, this
synod as a part of the Church shall:
a. 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
b. 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.
c. 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.
d. Worship God in proclamation of the Word and
administration of the sacraments and through lives of prayer, praise,
thanksgiving, witness, and service.
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.
†S6.03. To fulfill these purposes, this synod,
in partnership with the churchwide organization, shall bear primary
responsibility for the oversight of the life and mission of this church
in the territory of this synod. In fulfillment of this role, this synod
shall:
a. Provide for the pastoral care of
congregations, ordained ministers, associates in ministry, deaconesses,
and diaconal ministers of this church in this synod, including:
1) approving candidates for the ordained
ministry in cooperation with the appropriate seminaries of this church,
which may be done through multi-synodical committees;
2) authorizing
ordinations and ordaining on behalf of this church;
3) approving
associates in ministry, deaconesses, and diaconal ministers of this
church, which may be done through multi- synodical committees;
4)
authorizing the commissioning of associates in ministry, the
consecration of deaconesses, and the consecration of diaconal ministers
of this church; and
5) consulting in the calling process for ordained
ministers, associates in ministry, deaconesses, and diaconal ministers.
b. Provide for leadership recruitment,
preparation, and support in accordance with churchwide standards and
policies, including:
1) nurturing and supporting congregations and
lay leaders;
2) seeking and recruiting qualified candidates for the rostered ministries of this church;
3) making provision for pastoral
care, call or appointment review, and guidance;
4) encouraging and
supporting persons on the rosters of this church in stewardship of their
abilities, care of self, and pursuit of continuing education to undergird their effectiveness of service; and
5) supporting recruitment
of leaders for this church’s colleges, universities, seminaries, and
social ministry organizations.
c. Provide for
discipline of congregations, ordained ministers, and persons on the
official lay rosters; as well as for termination of call, appointment,
adjudication, and appeals consistent with the procedures established by
this church in Chapter 20 of the ELCA constitution and bylaws.
d. Foster organizations for youth, women, and
men, and organizations for language or ethnic communities.
e. Plan for the mission of this church in this
synod, initiating and developing policy and implementing programs,
consistent with churchwide policy, including:
1) ecumenical guidance and encouragement;
2)
development of new ministries, redevelopment of existing ministries, and
support and assistance in the conclusion, if necessary, of a particular
ministry;
3) leadership and encouragement of congregations in their
evangelism efforts;
4) development of relationships to and participation
in planning for the mission of social ministry organizations and
ministries;
5) encouragement of financial support for the work of this
church by individuals and congregations;
6) provision for resources for
congregational life;
7) assistance to the members of its congregations
in carrying out their ministries in the world; and
8) interpretation of
social statements in a manner consistent with the interpretation given
by the churchwide unit which assisted in the development of the
statement, and suggestion of social study issues through (a) Synod
Assembly memorials to the Churchwide Assembly or (b) resolutions for
referral from the Synod Assembly through the Synod Council to the Church
Council and (c) Synod Council resolutions addressed to the Church
Council or for referral to a unit of the churchwide organization through
the Church Council’s Executive Committee.
f. Promote interdependent
relationships among congregations, synods, and the churchwide
organization, and enter into partnership with other synods in the
region.
g. Participate in churchwide programs and
develop support for the ministry of the churchwide organization.
h. Foster the grouping of congregations in
conferences, clusters, coalitions, or other area subdivisions for
mission purposes.
i. Support
relationships with and provide partnership funding on behalf of
colleges, universities, and campus ministries.
j. Foster relationships with and provide
partnership funding on behalf of social ministry organizations.
k. Maintain relationships with and provide
partnership funding on behalf of seminaries and continuing education
centers.
l. Foster supporting relationships with camps
and other outdoor ministries.
m. Foster supporting relationships with
preschools, elementary schools, and secondary schools operated by
congregations of this synod.
n. Interpret the work of this church to
congregations and to the public.
o. Respond to human need, work for justice and
peace, care for the sick and the suffering, and participate responsibly
in society.
p. Provide for archives in conjunction with
other synods.
q. Cooperate with other synods and the
churchwide organization in creating, using, and supporting regions to
carry out those functions of this synod which can best be done
cooperatively with other synods and the churchwide organization.
r. Elect members of the Churchwide Assembly in
accordance with bylaw 12.41.11. of the constitution and bylaws of the
Evangelical Lutheran Church in America and according to procedures
specified in the bylaws of this constitution.
†S6.04. Except as otherwise provided in this
constitution and bylaws, the Synod Council shall establish processes
that will ensure that at least 60 percent of the members of the synod
assemblies, councils, committees, boards, and other organizational units
shall be laypersons; and that, as nearly as possible, 50 percent of the
lay members of assemblies, councils, committees, boards, or other
organizational units shall be female and 50 percent shall be male; and
that, where possible, the representation of ordained ministers shall be
both male and female. This synod shall establish processes that will
enable it to reach a minimum goal that 10 percent of its assemblies,
councils, committees, boards, or other organizational units be persons
of color and/or persons whose primary language is other than English.
†S6.04.A01. It is the goal of this synod
that 10 percent of the membership of synod assemblies, councils,
committees, boards and/or other organizational units be persons of color
and/or persons whose primary language is other than English.
†S6.05. Each assembly, council, committee,
board, commission, task force, or other body of this synod or any synodical units shall be conclusively presumed to have been properly
constituted, and neither the method of selection nor the composition of
any such assembly, council, committee, board, commission, task force, or
other body may be challenged in a court of law by any person or be used
as the basis of a challenge in a court of law to the validity or effect
of any action taken or authorized by any such assembly, council,
committee, board, commission, task force, or other body.
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Chapter 7.
SYNOD ASSEMBLY
†S7.01.
This synod shall have a Synod Assembly, which shall be its highest
legislative authority. The powers of the Synod Assembly are limited only
by the provisions in the Articles of Incorporation, this constitution
and bylaws, the assembly’s own resolutions, and the constitutions and
bylaws of the Evangelical Lutheran Church in America.
†S7.11. A regular meeting of the Synod
Assembly shall be held at least biennially.
S7.12. Special meetings of the Synod Assembly
may be called by the bishop with the consent of the Synod Council, and
shall be called by the bishop at the request of one-fifth of the voting
members of the Synod Assembly.
a. The notice of each special meeting shall
define the purpose for which it is to be held. The scope of actions to
be taken at such a special meeting shall be limited to the subject
matter(s) described in the notice.
b. If the special meeting of the Synod
Assembly is required for the purpose of electing a successor bishop
because of death, resignation, or inability to serve, the special
meeting shall be called by the presiding bishop of the Evangelical
Lutheran Church in America in cooperation with the Synod Council.
S7.13. Notice of the time and place of all
meetings of the Synod Assembly shall be given by the secretary of this
synod.
S7.14. One-half of the members of the Synod
Assembly shall constitute a quorum.
†S7.21. The membership of the Synod Assembly,
of which at least 60 percent of the voting membership shall be composed
of laypersons, shall be constituted as follows:
a. All ordained ministers under call on the
roster of this synod in attendance at this Synod Assembly shall be
voting members.
b. All associates in ministry, deaconesses of
the Evangelical Lutheran Church in America, and diaconal ministers,
under call, on the official lay rosters of this synod shall have both
voice and vote as lay voting members in the Synod Assembly, in addition
to the voting membership of lay members of congregations provided in
item †S7.21.c.
c. A minimum of one lay member elected by each
congregation with fewer than 175 baptized members and a minimum of two
lay members elected by each congregation with 175 or more baptized
members related to this synod, normally one of whom shall be male and
one of whom shall be female, shall be voting members. The Synod Council
shall establish a formula to provide additional lay representation from
congregations on the basis of the number of baptized members in the
congregation. The Synod Council shall seek to ensure that, as nearly as
possible, 50 percent of the lay members of the assembly shall be female
and 50 percent shall be male. Additional members from each congregation
normally shall be equally divided between male and female.
d. Voting membership shall include the
officers of this synod.
S7.22. The synod may establish processes that
permit retired ordained ministers, retired associates in ministry,
retired deaconesses, and retired diaconal ministers on the roster of
this synod to serve as voting members of the Synod Assembly, consistent
with †S7.21.c. above.
S7.23. All retired ordained ministers, all
ordained ministers on leave from call, all associates in ministry on
leave from call or retired, all deaconesses of the Evangelical Lutheran
Church in America on leave from call or retired, and all diaconal
ministers of this church on leave from call or retired, all of whose
names appear on the rosters of this synod, shall have the privilege of
voice but not vote at all meetings of the Synod Assembly. The presiding
bishop of the Evangelical Lutheran Church in America and such other
official representatives of this church as may be designated from time
to time by the Church Council shall also have voice but not vote in the
meetings of the Synod Assembly. Like privileges shall be accorded to
those additional persons whom the Synod Assembly or the Synod Council
shall from time to time designate.
S7.24. Ordained ministers under call on the
roster of this synod shall remain as members of the Synod Assembly so
long as they remain under call and so long as their names appear on the
roster of ordained ministers of this synod. Associates in ministry,
deaconesses of the Evangelical Lutheran Church in America, and diaconal
ministers of this church serving under call on the roster of this synod
shall remain as members of the Synod Assembly so long as they remain
under call and so long as their names appear on the official lay roster
of this synod. Lay members of the Synod Assembly representing
congregations shall continue as such until replaced by the election of
new members or until they have been disqualified by termination of
membership. Normally, congregations will hold elections prior to each
regular meeting of the Synod Assembly.
†S7.25. Except as otherwise provided in this
constitution or in the Constitution, Bylaws, and Continuing Resolutions
of the Evangelical Lutheran Church in America, each voting member of the
Synod Assembly shall be a voting member of a congregation of this synod.
S7.26. This synod may establish processes
through the Synod Council that permit representatives of mission
settings formed with the intent of becoming chartered congregations and
authorized worshiping communities of the synod, which have been
authorized under ELCA bylaw 10.02.03., to serve as voting members of the
Synod Assembly, consistent with †S7.21. Authorized worshiping
communities, acknowledged under criteria, policies, and procedures
approved by the Church Council of the Evangelical Lutheran Church in
America, shall accept and adhere to the Confession of Faith and
Statement of Purpose of this church, shall be served by leadership under
the criteria of this church, and shall be subject to the discipline of
this church.
S7.27. This synod may establish processes
through the Synod Council to grant an ordained minister from a church
body with which a relationship of full communion has been declared and
established by the Churchwide Assembly of the Evangelical Lutheran
Church in America the privilege of both voice and vote in the Synod
Assembly during the period of that ordained minister’s service in a
congregation of this church.
S7.28. Duly elected voting members of the
Synod Council who are not otherwise voting members of the Synod Assembly
under †S7.21. shall be granted the privilege of both voice and vote as
members of the Synod Assembly.
†S7.31. Proxy and absentee voting shall not be
permitted in the transaction of any business of this synod.
S7.32. Robert’s Rules of Order, latest
edition, shall govern parliamentary procedure of the Synod Assembly,
unless otherwise ordered by the assembly.
S7.33. “Ex officio” as used herein means membership with full rights
of voice and vote unless otherwise expressly limited.
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Chapter 8.
OFFICERS
†S8.01. The
officers of this synod shall be a bishop, a vice president, a secretary,
and a treasurer.
S8.10. Bishop
†S8.11. The bishop shall be elected by the
Synod Assembly. The bishop shall be a pastor who is an ordained minister
of the Evangelical Lutheran Church in America.
†S8.12. As this synod’s pastor, the bishop
shall be an ordained minister of Word and Sacrament who shall:
a. Preach, teach, and administer the
sacraments in accord with the Confession of Faith of this church.
b. Have primary responsibility for the
ministry of Word and Sacrament in this synod and its congregations,
providing pastoral care and leadership for this synod, its
congregations, its ordained ministers, and its other rostered leaders.
c. Exercise solely this church’s power to
ordain (or provide for the ordination by another synodical bishop of)
approved candidates who have received and accepted a properly issued,
duly attested letter of call for the office of ordained ministry (and as
provided in the bylaws of the Evangelical Lutheran Church in America).
d. Commission (or provide for the
commissioning of) approved candidates who have received and accepted a
properly issued, duly attested letter of call for service as associates
in ministry; consecrate (or provide for the consecration of) approved
candidates who have received and accepted a properly issued, duly
attested letter of call for service as deaconesses; and consecrate (or
provide for the consecration of) approved candidates who have received
and accepted a properly issued, duly attested letter of call for service
as diaconal ministers of this church.
e. Attest letters of call for persons called
to serve congregations in the synod, letters of call for persons called
by the Synod Council, and letters of call for persons on the rosters of
this synod called by the Church Council.
f. Install (or provide for the installation
of):
1) the pastors of all congregations of this
synod;
2) ordained ministers called to extraparish service within this
church; and
3) persons serving in the other rostered ministries within
this synod.
g. Exercise leadership in the mission of this church and in
so doing:
1) Interpret and advocate the mission and
theology of the whole church;
2) Lead in fostering support for and
commitment to the mission of this church within this synod;
3)
Coordinate the use of the resources available to this synod as it seeks
to promote the health of this church’s life and witness in the areas
served by this synod;
4) Submit a report to each regular meeting of the
Synod Assembly concerning the synod’s life and work; and
5) Advise and
counsel this synod’s related institutions and organizations.
h. Practice
leadership in strengthening the unity of the Church and in so doing:
1) Exercise oversight of the preaching,
teaching, and administration of the sacraments within this synod in
accord with the Confession of Faith of this church;
2) Be responsible
for administering the constitutionally established processes for the
resolution of controversies and for the discipline of ordained
ministers, other rostered leaders, and congregations of this synod;
3)
Be the chief ecumenical officer of this synod;
4) Consult regularly with
other synodical bishops and the Conference of Bishops;
5) Foster
awareness of other churches throughout the Lutheran world communion and,
where appropriate, engage in contact with leaders of those churches;
6)
Cultivate communion in faith and mission with appropriate Christian
judicatory leaders functioning within the territory of this synod; and
7) Be ex officio a member of the Churchwide Assembly.
i. Oversee and
administer the work of this synod and in so doing:
1) Serve as the president of the synod
corporation and be the chief executive and administrative officer of
this synod, who is authorized and empowered, in the name of this synod,
to sign deeds or other instruments and to affix the seal of this synod;
2) Preside at all meetings of the Synod Assembly and provide for the
preparation of the agenda for the Synod Assembly, Synod Council, and the
council’s Executive Committee;
3) Ensure that the constitution and
bylaws of the synod and of the churchwide organization are duly observed
within this synod, and that the actions of the synod in conformity
therewith are carried into effect;
4) Exercise supervision over the work
of the other officers;
5) Coordinate the work of all synodical staff
members;
6) Appoint all committees for which provision is not otherwise
made;
7) Be a member of all committees and any other organizational
units of the synod, except as otherwise provided in this constitution;
8) Provide for preparation and maintenance of synodical rosters
containing:
a) the names and addresses of all ordained ministers of this
synod and a record of the calls under which they are serving or the date
on which they become retired or disabled; and
b) the names and addresses
of all other rostered persons of this synod and a record of the
positions to which they have been called or the date on which they
become retired or disabled;
9) Annually bring to the attention of the
Synod Council the names of all rostered persons on leave from call or
engaged in approved graduate study in conformity with the constitution
and bylaws of this church and pursuant to prior action of this synod
through the Synod Council;
10) Provide for prompt reporting to the
secretary of this church of:
a) additions to and subtractions from the
rosters of this synod and the register of congregations;
b) the
issuance of certificates of transfer for rostered persons in good
standing who have received and accepted a properly issued, duly
attested, regular letter of call under the jurisdiction of another
synod; and
c) the entrance of the names of such persons for whom proper
certificates of transfer have been received;
11) Provide for preparation
and maintenance of a register of the congregations of this synod and the
names of the laypersons who have been elected to represent them; and
12)
Appoint a statistician of the synod, who shall secure the parochial
reports of the congregations and make the reports available to the
secretary of this church for collation, analysis, and distribution of
the statistical summaries to this synod and the other synods of this
church.
S8.14. The synodical bishop may have such assistants as this
synod shall from time to time authorize.
†S8.15. The presiding bishop of this church,
or the appointee of the presiding bishop, shall install into office, in
accord with the policy and approved rite of this church, each newly
elected synodical bishop.
S8.20.
Vice President
†S8.21. The vice president shall be elected by
the Synod Assembly. The vice president shall be a layperson. The vice
president shall be a voting member of a congregation of this synod. The
vice president shall not receive a salary for the performance of the
duties of the office.
S8.22. The vice president shall chair the
Synod Council.
S8.23. In the event of the death, resignation,
or disability of the bishop, the vice president shall convene the Synod
Council to arrange for the conduct of the duties of the bishop until a
new bishop shall be elected or, in the case of temporary disability,
until the bishop resumes full performance of the duties of the office.
S8.30. Secretary
†S8.31. The secretary shall be elected by the
Synod Assembly. The secretary shall be a voting member of a congregation
of this synod. The secretary may be either a layperson or an ordained
minister.
†S8.32. The secretary shall:
a. Keep the minutes of all meetings of the
Synod Assembly and Synod Council, be responsible for the printing and
distribution of such minutes, and perform such other duties as this
synod may from time to time direct.
b. Be authorized and empowered, in the name of
this synod, to attest all instruments which require the same, and which
are signed and sealed by the bishop.
c. In consultation with the bishop, classify
and arrange all important papers and documents and deposit them in the
archives of this synod.
d. Submit to the secretary of this church at
least nine months before each regular Churchwide Assembly a certified
list of the voting members elected by the Synod Assembly.
S8.40. Treasurer
†S8.41. The treasurer shall be elected by the
Synod Assembly. The treasurer shall be a voting member of a congregation
of this synod. The treasurer may be either a layperson or an ordained
minister.
S8.42. The treasurer shall provide and be
accountable for:
a. Management of the monies and accounts of
this synod, its deeds, mortgages, contracts, evidences of claims and
revenues, and trust funds, holding the same at all times subject to the
order of this synod.
b. Investment of funds upon the authorization
of the Synod Council.
c. Receipt and acknowledgment of offerings,
contributions, and bequests made to this synod, collecting interest and
income from its invested funds, and paying regular appropriations and
orders on the several accounts as approved and directed by the Synod
Council. The treasurer shall transmit each month to the treasurer of the
Evangelical Lutheran Church in America the funds received by this synod
for the general work of this church.
d. Maintenance of a regular account with each
congregation of this synod and informing the congregation, at least
quarterly, of the status of this account.
e. Rendering at each regular meeting of the
Synod Assembly a full, detailed, and duly audited report of receipts and
disbursements in the several accounts of this synod for the preceding
fiscal year, together with the tabulation, for record and publication in
the minutes, of the contributions from the congregations.
f. Giving of corporate surety in the amount
determined by the Synod Council, which shall be in the custody of the
secretary, and the premium therefore shall be paid by this synod.
Fidelity coverage provided by the Evangelical Lutheran Church in America
shall be deemed a fulfillment of this requirement.
S8.50. General Provisions
†S8.51. The terms of office of the officers of
this synod shall be:
a. The bishop of this synod shall be elected
to a term of six years and may be reelected.
b. The vice president, secretary, and
treasurer of this synod shall be elected to a term of ______ years and
may be reelected.
S8.52. The terms of the officers shall begin
on the first day of the ______ month following election.
†S8.53. Each officer shall be a voting member
in a congregation of this synod, except that the bishop need not be a
member of a congregation of this synod at the time of election.
†S8.54. Should the bishop die, resign, or be
unable to serve, the vice president shall convene the Synod Council to
arrange for the appropriate care of the responsibilities of the bishop
until an election of a new bishop can be held or, in the case of
temporary disability, until the bishop is able to serve again. Such
arrangements may include the appointment by the Synod Council of an
interim bishop, who during the vacancy or period of disability shall
possess all of the powers and authority of a regularly elected bishop.
The term of the successor bishop, elected by the next Synod Assembly or
a special meeting of the Synod Assembly called for the purpose of
election, shall be six years with the subsequent election to take place
at the Synod Assembly closest to the expiration of such a term and with
the starting date of a successor term to be governed by constitutional
provision S8.52.
S8.55. Should the vice president, secretary,
or treasurer die, resign, or be unable to serve, the bishop, with the
approval of the Executive Committee of the Synod Council, shall arrange
for the appropriate care of the responsibilities of the officer until an
election of a new officer can be held or, in the case of temporary
disability, until the officer is able to serve again. The term of the
successor officer, elected by the next Synod Assembly, shall be _____
years.
†S8.56. The Executive Committee of the Synod
Council shall determine whether an officer is unable to serve; the
officer may appeal the decision of the Executive Committee by requesting
a hearing before the Synod Council. A meeting to determine the ability
of an officer to serve shall be called upon the request of at least
three members of the Executive Committee and prior written notice of the
meeting shall be given to the officer in question at least ten calendar
days prior to the meeting.
†S8.57. The recall or dismissal of an officer
may be effected in accordance with the procedure established by the
Committee on Appeals of the Evangelical Lutheran Church in America.
†S8.58. If the bishop is to be temporarily
absent from the synod for an extended period, the bishop, with the
consent of the Synod Council, may appoint as acting bishop for such
period an ordained minister of this church. Except as limited by action
of the Synod Council, an acting bishop shall possess all of the powers
and authority of a regularly elected bishop other than authority to
ordain or to authorize the ordination of properly approved candidates
for ordination.
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Chapter 9.
NOMINATIONS
AND ELECTIONS
†S9.01. The Synod Assembly shall elect such officers of
this synod and such other persons as the constitution and bylaws may
require, according to procedures set forth in the bylaws.
†S9.02. In all elections by the Synod
Assembly, other than for the bishop, a majority of the legal votes cast
shall be necessary for election.
S9.03. There shall be a Nominating Committee
consisting of ____ members who shall be appointed by the Synod Council
to serve for each regular meeting of the Synod Assembly. Additional
nominations may be made from the floor for all elections for which
nominations are made by the Nominating Committee.
S9.04. The bishop shall be elected by the
Synod Assembly by ecclesiastical ballot. Three-fourths of the legal
votes cast shall be necessary for election on the first ballot. If no
one is elected, the first ballot shall be considered the nominating
ballot. Three-fourths of the legal votes cast on the second ballot shall
be necessary for election. The third ballot shall be limited to the
seven persons (plus ties) who received the greatest number of legal
votes on the second ballot, and two-thirds of the legal votes cast shall
be necessary for election. The fourth ballot shall be limited to the
three persons (plus ties) who receive the greatest number of legal votes
on the third ballot, and 60 percent of the legal votes cast shall be
necessary for election. On subsequent ballots a majority of the legal
votes cast shall be necessary for election. These ballots shall be
limited to the two persons (plus ties) who receive the greatest number
of legal votes on the previous ballot.
S9.05. The Nominating Committee shall nominate
at least two persons for vice president; additional nominations may be
made from the floor.
S9.06. The Synod Council shall nominate two
persons for secretary; additional nominations may be made from the
floor.
S9.07. The Synod Council shall nominate two
persons for treasurer; additional nominations may be made from the
floor.
S9.08. In all elections, except for the
bishop, the names of the persons receiving the highest number of legal
votes, but not elected by a majority of the legal votes cast on a
preceding ballot, shall be entered on the next ballot to the number of
two for each vacancy unfilled. On any ballot when only two names appear,
a majority of the legal votes cast shall be necessary for election.
S9.09. The result of each ballot in every
election shall be announced in detail to the assembly.
S9.11. The Synod Council shall elect or
appoint representatives to the steering committee of its region.
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Chapter 10.
SYNOD COUNCIL
†S10.01.
The Synod Council consisting of the four officers of the synod, 10 to 24
other members, and at least one youth shall be elected by the Synod
Assembly.
a. Each person elected to the Synod Council
shall be a voting member of a congregation of this synod, with the
exception of ordained ministers on the roster of this synod who reside
outside the territory of this synod. The process for election and the
term of office when not otherwise provided shall be specified in the
bylaws. A member of the Church Council of the Evangelical Lutheran
Church in America, unless otherwise elected as a voting
member of the Synod Council, may serve as an advisory member of the
Synod Council with voice but not vote.
b. The term of office of members of the Synod
Council, with the exception of the officers and the youth member, shall
be years.
†S10.02. The Synod Council shall be the board
of directors of this synod and shall serve as its interim legislative
authority between meetings of the Synod Assembly. It may make decisions
which are not in conflict with actions taken by the Synod Assembly or
which are not precluded by provisions of this constitution or the
constitution and bylaws of the Evangelical Lutheran Church in America.
S10.03. The functions of the Synod Council
shall be to:
a. Exercise trusteeship responsibilities on
behalf of this synod.
b. Recommend program goals and budgets to the
regular meetings of the Synod Assembly.
c. Carry out the resolutions of the Synod
Assembly.
d. Provide for an annual review of the roster
of ordained ministers and of other official rosters, receive and act
upon appropriate recommendations regarding those persons whose status is
subject to reconsideration and action under the constitution and bylaws
of the Evangelical Lutheran Church in America, and make a report to the
Synod Assembly of the Synod Council’s actions in this regard.
e. Issue letters of call to ordained
ministers and letters of call to associates in ministry, deaconesses,
and diaconal ministers as authorized by Chapter 7 of the constitution
and bylaws of the Evangelical Lutheran Church in America.
f. Fill vacancies until the next regular
meeting of the Synod Assembly except as may otherwise be provided in the
constitution or bylaws of this synod, and determine the fact of the
incapacity of an officer of this synod.
g. Report its actions to the regular meeting
of the Synod Assembly.
h. Perform such other functions as are set
forth in the bylaws of this synod, or as may be delegated to it by the
Synod Assembly.
S10.04. Any proposal to appropriate
funds, whether by amendment to the budget or otherwise, which is
presented to a meeting of the Synod Assembly without the approval of the
Synod Council, shall require a two-thirds vote for adoption.
S10.05. No elected member of the
Synod Council shall receive compensation for such service.
S10.06. If a member of the Synod
Council ceases to be a member in good standing on a roster of this
synod, if an ordained minister, or to be a voting member of a
congregation of this synod, if a layperson, the office filled by such
member shall at once become vacant.
S10.07. The composition of the Synod
Council, the number of its members, and the manner of their selection,
as well as the organization of the Synod Council, its additional duties
and responsibilities, and the number of meetings to be held each year
shall be as set forth in the bylaws.
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Chapter 11.
COMMITTEES
(names of
other organizational units)
†S11.01. There shall be an Executive
Committee, a Consultation Committee, a Committee on Discipline, a Mutual
Ministry Committee, and such other committees as this synod may from
time to time determine. The duties and functions of such committees, or
any other organizational units created by this synod, and the
composition and organizational structure of such units, shall be as set
forth in this constitution or in the bylaws or continuing resolutions,
and shall be subject to any applicable provisions or requirements of the
constitution and bylaws of the Evangelical Lutheran Church in America.
†S11.02. The Consultation Committee of
this synod shall consist of at least six persons and not more than 12
persons, of whom half shall be ordained ministers and half shall be
laypersons, who shall each be elected by the Synod Assembly for a term
of six years without consecutive reelection. The functions of the
Consultation Committee are set forth in Chapter 20 of the Constitution,
Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in
America and in Chapter 17 of this constitution. The size of the
Consultation Committee, in accord with this provision, shall be defined
in this synod’s bylaws.
†S11.03. The Committee on Discipline
of this synod shall consist of 12 persons of whom six shall be ordained
ministers and six shall be laypersons, who shall each be elected by the
Synod Assembly for a term of six years without consecutive reelection.
a. The functions of the Committee on
Discipline of this synod are set forth in Chapter 20 of the
Constitution, Bylaws, and Continuing Resolutions of the Evangelical
Lutheran Church in America.
b. The terms of committee members shall be
staggered so that the terms of four committee members (two clergy and
two lay) expire every two years.
c. The Synod Council shall fill vacancies on
the Committee on Discipline for any unexpired term.
†S11.04. The Mutual Ministry Committee
shall be appointed by the Executive Committee of the Synod Council to
provide support and counsel to the bishop.
S11.10. General Provisions
S11.11. This synod shall in its
bylaws or by continuing resolution establish a process to ensure that
the members of its committees and other organizational units will be
persons possessing the necessary knowledge and competence to be
effective members of such units, and to meet the requirements of †S6.04.
With the exception of ordained ministers on the roster of this synod who
reside outside the territory of this synod, each member of a committee
of this synod, or any other organizational unit created by this synod,
shall be a voting member of a congregation of this synod.
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Chapter 12.
CONFERENCES, CLUSTERS,
COALITIONS, OR OTHER AREA SUBDIVISIONS
†S12.01. This synod shall
establish conferences, clusters, coalitions, or other area subdivisions
within its territory as specified in the bylaws. The purpose of such
groupings shall be to foster interdependent relationships among
congregations, institutions, and synodical and churchwide units for
mission purposes.
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Chapter 13.
CONGREGATIONS
S13.01. Each congregation, except those
certified as congregations of the Evangelical Lutheran Church in America
by the uniting churches, prior to being listed in the register of
congregations of this synod, shall adopt the Model Constitution for
Congregations or one acceptable to this synod, which is not in
contradiction to the constitution and bylaws of the Evangelical Lutheran
Church in America.
a. New congregations. A congregation newly
formed by this church and any congregation seeking recognition and
reception by this church shall:
1) Accept the criteria for recognition and
reception as a congregation of this church, fulfill the functions of the
congregation, and accept the governance provisions as provided in
Chapter 9 of the ELCA constitution and bylaws.
2) Adopt governing
documents that include fully and without alterations the Preamble,
Chapter 1, where applicable, and all required provisions of Chapters 2,
3, 4, 5, 6, 7, 8, 9, 15, 16, 17, 18, and 19 in the Model Constitution
for Congregations consistent with requirements of this constitution and
the constitution of this church. Bylaws and continuing resolutions,
appropriate for inclusion in these chapters and not in conflict with
these required provisions in the Model Constitution for Congregations,
the constitution of this synod, or the Constitution, Bylaws, and
Continuing Resolutions of the Evangelical Lutheran Church in America,
may be adopted as described in Chapters 16 and 18 of the Model
Constitution for Congregations.
3) Accept the commitments expected of
all congregations of the ELCA as stated in *C6.01., *C6.02., and *C6.03.
of the Model Constitution for Congregations.
b. Congregations from
another church body. If a congregation is a member of another church
body, the leaders of the congregation first should consult with the
appropriate authorities of that church body before taking action to
leave its current church body. After such consultation, leaders of the
congregation should make contact with the ELCA synod bishop or staff
where the congregation is located.
c. Recognition and reception. Recognition and
reception into this church of transferring or independent congregations
by the Evangelical Lutheran Church in America is based on the judgment
of the synod and action by the synod through the Synod Council and Synod
Assembly. The synod bishop shall provide for prompt reporting of such
additions to the secretary of this church for addition to the register
of congregations.
†S13.02. It shall be the responsibility of
each congregation of this synod annually to choose from among its voting
members laypersons to serve as 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 each congregation and other qualifications
shall be as prescribed in guidelines established by this synod.
S13.11. When a pastor or when an
associate in ministry, deaconess, or diaconal minister resigns, the
Congregation Council shall receive the letter of resignation, report it
to the congregation, and at once notify the bishop of this synod.
S13.12. A congregation under
financial obligation to its former pastor or associate in ministry,
deaconess, or diaconal minister shall make satisfactory settlement of
the obligation before calling a successor.
S13.21. The alignment of
congregations in pastoral charges, and all alterations in any alignment,
shall be subject to approval by the Synod Assembly or by the Synod
Council.
†S13.22. Each congregation of the Evangelical
Lutheran Church in America within the territory of this synod, except
those which are in partnership with the Slovak Zion Synod, shall
establish and maintain a relationship with this synod.
†S13.23. Provision 9.71. of the ELCA
constitution shall govern the relationship of this synod and a
congregation of this synod regarding the property of the congregation.
This synod may transfer or convey property to a congregation of the
synod, subject to restrictions accepted by the congregation, including
provision that if the Synod Council, in its sole and exclusive
discretion, determines (1) that the property is not being used to serve
the mission and ministry needs of this church, or (2) that the
congregation has transferred, encumbered, mortgaged, or in any way
burdened or impaired any right, title, or interest in the property
without the prior approval of the Synod Council, then title to the
property shall revert to the synod, and the congregation, upon written
demand, shall reconvey the property to the synod.
S13.24. If any congregation of this synod has
disbanded, or if the members of a congregation agree that it is no
longer possible for it to function as such, or if it is the opinion of
the Synod Council that the membership of a congregation has become so
scattered or so diminished in numbers as to make it impractical for such
a congregation to fulfill the purposes for which it was organized or
that it is necessary for this synod to protect the congregation’s
property from waste and deterioration, the Synod Council, itself or
through trustees appointed by it, may take charge and control of the
property of the congregation to hold, manage, and convey the same on
behalf of this synod. The congregation shall have the right to appeal
the decision to the Synod Assembly.
S13.25. This synod may temporarily assume
administration of a congregation upon its request or with its
concurrence.
S13.30. Discipline
†S13.31. Congregations and members of
congregations are subject to discipline in accordance with the
provisions of Chapter 20 of the ELCA constitution and bylaws.
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Chapter 14.
ORDAINED MINISTERS AND
LAY ROSTERED MINISTERS
†S14.01. The time and place of the
ordination of those persons properly called to congregations or extra parish service of this synod shall be authorized by the bishop of
this synod.
†S14.02. 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 the 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 ELCA churchwide
organization and of this ELCA synod.
S14.03. The pastor (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 this synod, and (c) shall become a member of
the 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.
S14.04. Whenever members of a
congregation move to such a distance that regular attendance at its
services becomes impractical, it shall be the duty of the pastor to
commend them, upon their consent, to the pastoral care of a Lutheran
congregation nearer to their place of residence.
S14.05. Each ordained minister on the roster
of this synod 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.
†S14.11. When a congregation of this
church desires to call a pastor or a candidate for the pastoral office
in the ordained ministry of this church:
a. Each congregation of this synod shall
consult the bishop of this synod before taking any steps leading to the
extending of a call to a prospective pastor.
b. For issuance of a letter of call to a
pastor or pastoral candidate by a congregation of this synod in accord
with ELCA constitutional provision 7.41., a two-thirds majority ballot
vote shall be required of members of the congregation present and voting
at a meeting regularly called for the purpose of issuing such a call.
c. When the congregation has voted to issue a
call to a prospective pastor, the letter of call shall be submitted to
the bishop of this synod for the bishop’s signature.
S14.12. No ordained minister shall accept a
call without first conferring with the bishop of this synod. An ordained
minister shall respond with an answer of acceptance or declination to a
letter of call within 30 days of receipt of such call. In exceptional
circumstances with the approval of the bishop of this synod and the
chair of the Congregation Council of the congregation issuing the call,
an additional 15 days may be granted to respond to a letter of call.
†S14.13. 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 that 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 this synod, the
bishop in his or her sole discretion may, or when such allegations have
been brought to this 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 this synod with the advice of the
committee shall declare the pastorate vacant. Upon the restoration of a
disabled pastor to health, the bishop of this 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 this synod
together with the committee described in †S14.13.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 this 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 †S14.13.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 †S14.13.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 this 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).
† S14.14. Ordained ministers shall
respect the integrity of the ministry of congregations which they do not
serve and shall not exercise ministerial functions therein unless
invited to do so by the pastor, or if there is no duly called pastor,
then by the interim pastor in consultation with the Congregation
Council.
† S14.15. The parochial records of
each congregation shall be kept in a separate book which shall remain
its property. The secretary of the congregation shall attest 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:
a. installation in another field of labor, or
b. the issuance of a certificate of dismissal
or transfer.
† S14.16. The pastor shall make
satisfactory settlement of all financial obligations to a former
congregation before:
a. installation in another field of labor, or
b. the issuance of a certificate of dismissal
or transfer.
† S14.17. During service to a
congregation, an interim pastor shall have the rights and duties in the
congregation of a regularly called pastor. The interim pastor may
delegate the same in part to an interim supply pastor with the consent
of the bishop of this synod. The interim pastor and any ordained
ministers who may assist shall refrain from exerting influence in the
selection of a pastor. Upon completion of service, the interim pastor
shall certify to the bishop of this synod that the parochial records,
for the period for which the interim pastor was responsible, are in
order.
† S14.18. With the approval of the synodical bishop expressed in writing, which sets forth a clear
statement of the purpose to be served by such a departure from the
normal rule of permanency of the call as expressed in †S14.13., a
congregation may 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 of this synod or
a representative of the bishop shall meet with the pastor and
representatives of the congregation for a review of the call. Such call
may also be terminated before its expiration in accordance with the
provisions of †S14.13.
S14.21. All ordained ministers under
a call shall attend meetings of the Synod Assembly, and the pastors of
congregations shall also attend the meetings of the conference, cluster,
coalition, or other area subdivision to which the congregation belongs.
S14.30. Official Rosters of
Laypersons
†S14.31. The provisions in the churchwide documents and such provisions as may be developed by the
Division for Ministry governing associates in ministry, deaconesses, and
diaconal ministers of this church shall apply in this synod.
a. When a congregation of this synod desires
to call an associate in ministry, deaconess, or diaconal minister or a
candidate for these official rosters of laypersons of this church:
1) Such a congregation of this synod shall
consult the synodical bishop before taking any steps leading to
extending such a call.
2) Issuance of such a letter of call shall be in
accord with criteria, policies, and procedures developed by the Division
for Ministry, reviewed by the Conference of Bishops, and adopted by the
Church Council of the Evangelical Lutheran Church in America.
3) When
the congregation has voted to issue a call to an associate in ministry,
deaconess, or diaconal minister, the letter of call shall be submitted
to the bishop of this synod for the bishop’s signature.
b. An associate
in ministry, deaconess, or diaconal minister shall confer with the
bishop of this synod before accepting a call within this synod.
c. The call of a congregation, when accepted
by an associate in ministry, deaconess, or diaconal minister, shall
constitute a continuing mutual relationship and commitment which, except
in the case of the death of the individual, shall be terminated only
following consultation with the synodical bishop in accordance with
policy developed by the Division for Ministry, reviewed by the
Conference of Bishops, and adopted by the Church Council of the
Evangelical Lutheran Church in America.
d. Associates in ministry, deaconesses, and
diaconal ministers on the roster of this synod who are serving under
call shall attend meetings of the Synod Assembly.
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Chapter 15.
FINANCIAL MATTERS
†S15.01. The fiscal year of this synod shall
be February 1 through January 31.
†S15.11. Since the congregations,
synods, and churchwide organization are interdependent units that share
responsibly in God’s mission, all share in the responsibility to
develop, implement, and strengthen the financial support program of the
whole church. The gifts and offerings of the members of the Evangelical
Lutheran Church in America are given to support all parts of this church
and thus partnership in this church should be evidenced in determining
each part’s share of the gifts and offerings. Therefore:
a. The mission of this church beyond the
congregation is to be supported by such a proportionate share of each
congregation’s annual budget as each congregation determines. This synod
shall develop guidelines for determining “proportionate share,” and
shall consult with congregational leaders to assist each congregation in
making its determination.
b. This synod shall receive the proportionate
share of the mission support from its congregations, and shall transmit
that percentage of each congregation’s mission support as determined by
the Churchwide Assembly to the treasurer of the Evangelical Lutheran
Church in America.
†S15.12. The annual budget of this
synod shall reflect the entire range of its own activities and its
commitment to partnership funding with other synods and the churchwide
organization. Unless an exception is granted upon the request of this
synod by the Church Council, each budget shall include the percentage of
congregational mission support assigned to it by the Churchwide
Assembly.
S15.13. On the basis of estimated
income, the Synod Council shall authorize expenditures within the budget
for the fiscal year. Expenditure authorizations shall be subject to
revision, in light of changing conditions, by the Synod Council.
S15.14. Except when such procedure
would jeopardize current operations, a reserve amounting to no more than
16 percent of the sum of the amounts scheduled in the next year’s budget
for regular distribution to synodical causes shall be carried forward
annually for disbursement in the following year in the interest of
making possible a more even flow of income to such causes. The exact
number of dollars to be held in reserve shall be determined by the Synod
Council.
S15.21. No appeal to congregations
of this or any other synod of the Evangelical Lutheran Church in America
for the raising of funds shall be conducted by congregations or
organizations related to or affiliated with this synod without the
consent of the Synod Assembly or the Synod Council.
†S15.31. This synod shall arrange to
have an annual audit of its financial records conducted by a certified
public accountant firm selected by the Synod Council. The audited annual
financial report shall be submitted by this synod to the churchwide
Office of the Treasurer and to the congregations of this synod. The
financial reports shall be in the format approved from time to time by
the churchwide Office of the Treasurer.
†S15.32. This synod shall maintain
adequate, continuous insurance coverage in accordance with standards
recommended by the churchwide organization. Insurance programs offered
or endorsed by the churchwide organization shall be deemed to fulfill
this obligation.
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Chapter 16.
INDEMNIFICATION
†S16.01. Except as otherwise provided
in this constitution, indemnification of any person who is or was made
or threatened to be made a party to any proceeding is prohibited. For
purposes of this chapter, the term, “proceeding,” means a threatened,
pending, or completed civil, criminal, administrative, arbitration, or
investigative proceeding, including a proceeding in the right of this
synod or any other organization. Except as otherwise required by law,
(a) the term, “proceeding,” does not include a proceeding by this synod
and (b) indemnification for expenses incurred in a disciplinary hearing
or other proceeding described in Chapter 20 of the Constitution, Bylaws,
and Continuing Resolutions of the Evangelical Lutheran Church in America
shall be permitted only as provided in †S16.05. For purposes of this
chapter, the term, “indemnification,” includes advances of expenses.
†S16.02. To the full extent permitted
from time to time by law, each person who is or was made or threatened
to be made a party to any proceeding by reason of the present or former
capacity of that person as a Synod Council member, officer, employee, or
committee member of this synod shall be indemnified against judgments,
penalties, fines, settlements, excise taxes, and reasonable attorney’s
fees and disbursements incurred by that person in connection with the
proceeding. Indemnification of any person by reason of that person’s
capacity as a director, officer, employee, or committee member of any
other organization, regardless of its form or relationship to this
synod, is subject to the provisions of section †S16.03.
†S16.03. Whenever a person who, while
a Synod Council member, officer, committee member, or employee of this
synod, is or was serving at the request of this synod as (or whose
duties in that position involve or involved service in the capacity of)
a director, officer, partner, trustee, employee, or agent of another
organization, is or was made or threatened to be made a party to a
proceeding by reason of such capacity, then such person shall not be
entitled to indemnification unless (a) the Synod Council has established
a process for determining whether a person serving in the capacity
described in this section shall be entitled to indemnification in any
specific case, and (b) that process has been applied in making a
specific determination that such person is entitled to indemnification.
†S16.04. This synod may purchase and
maintain insurance on behalf of itself or any person entitled to
indemnification pursuant to this chapter against any liability asserted
against and incurred by this synod or by such other person in or arising
from a capacity described in section †S16.02. or section †S16.03.
†S16.05. When in proceedings under
Chapter 20 of the Constitution, Bylaws, and Continuing Resolutions of
the Evangelical Lutheran Church in America written charges against an
ordained minister or a layperson on an official roster of this church
are made by the synodical bishop or written charges against a
congregation are made by the Synod Council or the synodical bishop, and
the discipline hearing committee determines that no discipline shall be
imposed, and such determination is not reversed or set aside if an
appeal is taken, then indemnification shall be made by the synod to the
accused for reasonable attorney’s fees and other reasonable expenses
related to the defense of the charges. The determination of the
reasonableness of such fees and expenses shall be decided by the Synod
Council.
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Chapter 17.
ADJUDICATION
†S17.01. The synodical bishop and the
Executive Committee of the Synod Council shall be available to give
counsel when disputes arise within this synod.
†S17.02. The synodical bishop and the
Executive Committee of the Synod Council shall receive expressions of
concern from ordained ministers, associates in ministry, or other
persons on the official lay rosters of this church, congregations, and
organizations within this synod; provide a forum in which the parties
concerned can seek to work out matters causing distress or conflict; and
make appropriate recommendations for their resolution. When the matter
at issue cannot be resolved in this manner, the prescribed procedures
for investigation, decision, appeal, and adjudication shall be followed.
Allegations or charges that could lead to the discipline of an ordained
minister or a person on the official lay rosters of this church shall
not be addressed by the Executive Committee but shall be resolved
through the disciplinary process set forth in the Constitution, Bylaws,
and Continuing Resolutions of the Evangelical Lutheran Church in
America.
†S17.03. When there is disagreement
among units of this synod on a substantive issue that cannot be resolved
by the parties, the aggrieved party or parties may appeal to the synodical bishop and the Executive Committee of the Synod Council for a
consultation. If this consultation fails to resolve the issue, a
petition may be addressed by the parties to the Synod Council requesting
it to arbitrate the issue. The decision of the Synod Council shall be
final.
†S17.04. When a component or
beneficiary of a synod has a disagreement on a substantive issue that it
cannot resolve, it may address an appeal to the synodical bishop and the
Executive Committee of the Synod Council. In this case the decision of
the Executive Committee shall prevail, except that upon the motion of a
member of the Synod Council, the decision shall be referred to the Synod
Council for final action.
S17.10. Adjudication in a
Congregation
†S17.11. When there is disagreement
among factions within a congregation on a substantive issue that cannot
be resolved by the parties, members of a 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 this synod shall
consider the matter. If the Consultation Committee of this 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 18.
AMENDMENTS, BYLAWS, AND CONTINUING RESOLUTIONS
†S18.10. Amendments to Constitution
†S18.11. Certain sections of this constitution
incorporate and record therein required provisions of the constitution
and bylaws of this church. If such provisions are amended by this
church, corresponding amendments shall be introduced at once into this
constitution by the secretary of this synod upon receipt of formal
certification thereof from the secretary of the Evangelical Lutheran
Church in America.
†S18.12. Whenever the secretary of the
Evangelical Lutheran Church in America officially informs this synod
that the Churchwide Assembly has amended the Constitution for Synods,
this constitution may be amended to reflect any such amendment by a
simple majority vote at any subsequent meeting of the Synod Assembly
without presentation at a prior Synod Assembly. An amendment that is
identical to a provision of the Constitution for Synods shall be deemed
to have been ratified upon its adoption by this synod. The Church
Council, through the secretary of this church, shall be given prompt
notification of its adoption.
Other amendments to this constitution
may be adopted by this synod through either of the following procedures:
a. An amendment may be adopted by a
two-thirds vote at a regular meeting of the Synod Assembly after having
been presented in writing at the previous regular meeting of the Synod
Assembly over the signatures of at least _____ members and having been
approved by a two-thirds vote of the voting members present and voting
at such a regular meeting of the Synod Assembly.
b. The Synod Council may propose an
amendment, with notice to be sent to the congregations of this synod at
least six months prior to the next regular meeting of the Synod
Assembly. Such an amendment shall require for adoption a two-thirds vote
of the voting members present and voting at such a regular meeting of
the Synod Assembly.
All such amendments shall become effective
upon ratification by the Churchwide Assembly or by the Church Council.
†S18.20. Amendments to Bylaws
†S18.21. This synod may adopt bylaws not
in conflict with this constitution nor with the constitution and bylaws
of this church. This synod may amend its bylaws at any meeting of the
Synod Assembly by a two-thirds vote of voting members of the assembly
present and voting. Newly adopted bylaws and amendments to existing
bylaws shall be reported to the secretary of this church.
†S18.30. Amendments to Continuing
Resolutions
†S18.31. This synod may adopt continuing
resolutions not in conflict with this constitution or its bylaws or the
constitution and bylaws of this church. Such continuing resolutions may
be adopted or amended by a majority vote of the Synod Assembly or by a
two-thirds vote of Synod Council. Newly adopted continuing resolutions
and amendments to existing continuing resolutions shall be reported to
the secretary of this church.
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