SECTION X.C
MODEL CONSTITUTION FOR A PARISH
OF THE LCA VIC/TAS DISTRICT
April 2011
CONSTITUTION
------LUTHERAN PARISH
OF THE LUTHERANCHURCH OF AUSTRALIA VICTORIAN DISTRICT
Interpretation
In this Constitution and the By-laws made thereunder, unless the context or subject matter otherwise requires:
(a)‘the Church’ means: LutheranChurch of Australia Incorporated;
(b)‘the District’ means: Lutheran Church of Australia Victorian District (including Tasmania);
(c)‘the Parish’ means: …………………………………. (insert official name of parish, or delete if not applicable)
(d)‘pastor’ means any person ordained to the Holy Ministry according to the rites and practice of the EvangelicalLutheranChurch who has been received into the Ministry of the Church according to Article V Clause 1 of the Constitution of the Church;
(e)‘auditor’ means a person having appropriate qualifications to examine and verify financial accounts and records.
I. NAME
The name of this Parish shall be ...... LUTHERAN PARISH.
II. CONFESSION
The Parish consisting of congregations which are members of the Church holds the Confession of the Church and therefore
(a)accepts without reservation the Holy Scriptures of the Old and New Testaments, as a whole and in all their parts, as the divinely inspired, written and inerrant Word of God, and as the only infallible source and norm for all matters of faith, doctrine and life; and
(b)acknowledges and accepts as true expositions of the Word of God and as its own confession all the Symbolical Books of the Evangelical Lutheran Church contained in the Book of Concord of 1580, namely, the three Ecumenical Creeds: the Apostles’ Creed, the Nicene Creed, and the Athanasian Creed; the Unaltered Augsburg Confession; the Apology of the Augsburg Confession; the Smalcald Articles; the Small Catechism of Luther; the Large Catechism of Luther; and the Formula of Concord.
III. OBJECTS
The Parish, consisting of congregations which are members of the Church, has as its objects to
(a)assist its member-congregations in promoting their objects and to this end
(1)to call a pastor or pastors or appoint a church worker or church workers for the benefit of the Parish and the Church, and to determine the terms under which they shall serve with the Parish;
(2)to hold, purchase or take on lease real and personal property, and to sell, exchange, mortgage, borrow, lease or build, and otherwise deal with all property as may from time to time be determined upon by the members of the Parish in accordance with the rules of the Parish; and
(3)to appoint such office-bearers and representatives as the Parish may desire from time to time;
(b)promote the objects of the Church within its sphere.
IV. MEMBERSHIP
1.The Parish shall consist of the following congregations and others admitted as hereinafter provided for in para 2:
- (Insert name of congregation)
-(Insert name of congregation)
2.Any other congregation which is a member of both the Church and the District may apply for membership in the Parish and shall require a two thirds majority of those voting members present at a duly constituted meeting of the Parish provided that at least one calendar month's notice of application for such membership shall have been given to all member-congregations of the Parish.
3.In the event of a projected withdrawal of a member-congregation from the Parish, a peaceful dismissal may be given only after the following steps have been taken:
(1)The advice and guidance of the District President and/or District Church Council have been sought.
(2)The position of the Pastor has been clarified and resolved.
(3)All mutual obligations and any claim of the withdrawing congregation in respect of any property of whatsoever nature have been given due consideration, and agreement on such obligations and/or claim has been sought according to the principles of Christian love, and as determined at a duly constituted meeting of the Parish. If no satisfactory agreement is reached, the matter shall be referred for final decision according to the judicial system of the Church.
Unless otherwise determined the withdrawal shall take effect three months after the peaceful dismissal has been granted.
4.If the Parish or a congregation of the Parish proposes to withdraw from membership in the Church, the procedure set out in the By-laws of the Church shall be followed.
V. THE MINISTRY
1.The Parish shall exercise the right of calling a pastor
(a)in consultation with the President of the District or thePresident's deputy, and with regard to the regulations of the Church and of the District; and
(b)only at a meeting duly convened for this purpose and conducted according to the rules of the Church concerning calls and transfers.
2.All calls shall be in writing, signed by at least two representatives duly appointed by each member-congregation of the Parish, and attested by the President of the District. Notification of the call and the forwarding of the Letter of Call are the responsibility of the President of the District.
3.The Pastor shall have the pastoral oversight of all activities of any committee or organisation within the Parish.
VI. AUTHORITY AND POWERS
1.The Parish shall have power to do all such things as shall be incidental or conducive to the advancement or furtherance of its Objects.
2.Nothing herein contained shall affect the present ownership by individual member-congregations of any property.
3.The Parish shall not have any power over any purely internal administration or any worship or serving of our Lord in individual member-congregations, but shall endeavour to assist any member-congregation whose members are evidently failing to carry out any program approved of by the Parish or by the Church.
4.Any pastor, church worker, or officer may be removed from office by the Parish in Christian and lawful order in accordance with the rules of the Church for one of the following causes: persistent adherence to false doctrine, scandalous life, or wilful and persistent neglect of their official duties. In any such procedure voting shall be by ballot.
5.The establishment and conduct of all Parish institutions and societies shall at all times be subject to the approval and supervision of the Parish.
6.In all its conduct, the Parish shall abide by any relevant legislation and in so doing shall comply with all relevant policies and procedures established by the Church at District and National levels in order to ensure compliance with such legislation
VII. MEETINGS
1.An annual meeting of the parish, for the election of officers and committees and the management of its affairs, shall generally be held within (2) months after the end of the financial year.
2.Special meetings may be called by
(a)the Pastor or any one of them when a parish is served by more than one pastor;
(b)the Parish Council;
(c)a member-congregation upon a resolution passed at a duly convened meeting of that congregation; or
(d)the written request of any twelve members eligible to vote.
3.Notice of meetings shall be given at any duly convened parish meeting, or by announcement, in each congregation, at ... (2) divine services preceding the meeting, the first announcement being at least ... (2) weeks before the date of the meeting.
4.The chief business to come before the meeting shall be announced at the same time that notice of such meeting is given.
5.In addition to the specific provisions concerning a quorum laid down in the Constitution, viz. Article X and Article XII Clause 3, the following provisions shall apply:
(1)For the transaction of ordinary business a quorum shall consist of ... (one seventh) of all voting members of the parish.
(2)For the calling of a pastor, for the appointing of a salaried church worker, for the removal from office of a pastor or any church worker, for the buying or selling of property, or for the undertaking of a large financial commitment by the Parish, a quorum shall consist of ...... (one quarter) of all voting members of the parish.
6.Unless otherwise stipulated a majority of those members voting shall decide the motion, and in the event of an equality of votes the Chairperson shall in addition to a deliberative vote have a casting vote, or may refer the motion for further discussion.
7.Unless otherwise stipulated, the Chairperson shall ordinarily decide the manner of voting, whether by show of hands or by ballot, but the meeting may itself decide by special resolution the manner of voting to be adopted.
8.Points may be placed on the Agenda by
(a)member-congregations;
(b)the Parish Council;
(c)the Chairperson;
(d)the Pastor(s); or
(e)any organisation of the Parish.
9.It shall be the duty of every member entitled to vote to attend the meetings of the Parish, unless unable to do so. There shall be no voting by proxy.
10.All resolutions carried at a duly convened meeting of the Parish shall be binding upon all who belong to the congregations of the Parish, provided always that the required quorum was present.
11. The conduct of the meetings shall, where applicable, be in accordance with the rules for transacting business adopted by the Church.
VIII. OFFICERS AND ADMINISTRATION
[Note to Parish Drafting Committees:
(1)It is left to each Parish to lay down in its By-laws the proportion of representation or the number of representatives from each congregation on the Parish Council. Optional clauses 1, 2 and 3 are provided. Delete the clauses that are not required.
(2)In a multi-pastor parish, reference to ‘the Pastor’ should be amended to ‘the Pastors’.
- The Parish shall elect annually a Chairperson, a Vice-Chairperson, a Secretary, a Treasurer, and such other officers as it may from time to time determine.
OR
1.The Parish shall have a committee (hereinafter called ‘the Parish Council’) comprising the Pastor, and one or more representatives elected annually by each member-congregation from the member-congregations in accordance with the By-laws.
The Parish shall have a committee (hereinafter called ‘the Parish Council’) comprising the Pastor, the Chairperson (if the Pastor be not elected as the Chairperson), the Vice-Chairperson, the Secretary, the Treasurer and at least one representative from each member-congregation elected annually by the respective congregation. The Parish Council shall generally meet once every (…3) months to consider the general welfare of the Parish and its program of activities.
OR
2. A Chairperson, a Vice-Chairperson, a Secretary, and a Treasurer shall be elected annually from the membership of the Parish Council. The Parish Council shall generally meet once every (…3) months to consider the general welfare of the Parish and its program of activities.
- The Parish shall appoint annually as many committees as it deems desirable to carry out its objects. Each committee shall submit a report as well as any financial statement to the annual meeting of the Parish.
OR
- The Parish may elect annually such other officers as it may from time to time
determine.
- The Parish shall annually elect an Auditor who shall examine thoroughly the books of the Treasurer and vouch for their correctness, or otherwise, and advise on aspects of the finances of the Parish.
- The Parish Council shall fill casual vacancies in an office or committee of the Parish until the next annual meeting.
IX. NOT FOR PROFIT
The assets and income of the parish shall be applied solely in furtherance of the Objects set out in the Constitution and no portion shall be distributed directly or indirectly to members or members of the Ministry except as bona fide compensation for services rendered or expenses incurred on behalf of the parish.
X. DISSOLUTION
1.Any decision for dissolution shall be made according to the following procedure:
(1)Notice of a proposal to dissolve the Parish shall be given to the members of the Parish.
(2)The decision shall be made only after the President of the District has been consulted.
(3)At least 30 days written notice of a meeting, specifying the intention to dissolve as a special resolution, shall be given to all voting members of the Parish.
(4)The resolution must be passed, at a duly constituted meeting, by a majority of not less than three quarters of the voting members of the Parish.
(5)The decision shall not become operative until the sanction of the Church Council of the District has been obtained.
2.In the event of such dissolution, the Parish shall determine the use or disposal of its assets. In any case any surplus assets must not be distributed to parish members but will be given or transferred to one or more institutions having objects similar to the Objects of the parish and which prohibit the distribution of income and property among its members to an extent at least as great as is imposed on the parish by Article IX.
XI. BY-LAWS
1.The parish shall have power by majority of those members voting to make, amend, alter, add to or repeal By-laws not inconsistent with this Constitution for the regulation of the proceedings and management of the business and affairs of the Parish and for giving effect thereto. Notice of any such change shall either be given at a prior duly called meeting of the Parish or be published with the notice of meeting.
2.The quorum required for such a meeting is as prescribed for ordinary business.
XII. ALTERATIONS TO THE CONSTITUTION
1.The Parish shall have power to amend, alter, add to, or repeal these rules, except as hereinafter provided in Article XII.4 at a duly convened meeting and the motion shall require a two-thirds majority of those voting members present.
2.Notice of the proposed amendment, alteration, addition or repeal shall be presented in writing and shall be read to each member-congregation at least fourteen days before such meeting or be read to the Parish at a previous meeting.
3.The quorum for such meeting shall be ... (one quarter) of the voting members of the parish.
4.Article II and Article XII Clause 4 of this Constitution shall be considered fundamental and shall not be amended, altered, added to, or repealed so as to alter their intent and meaning.
5.Any alterations to the Constitution and By-laws shall have no effect until they have been approved by the District Church Council which shall consider alterations on the advice of the District Constitutions Committee,
*******************************
Adopted by the Parish at a meeting held on ......
Signed: ………………...... ………………………......
Chairperson
..…………………...... ………………………......
Secretary
Approved by the Church Council of the Victorian District of the LutheranChurch of Australia
on ……………………………..
Signed: .……………………………......
President
…………………………………......
Council Member
[Note: Two copies of the Constitution and two copies of the By-laws as separate documents shall be forwarded to the District Office for approval. One copy of each is to be retained at the District Office, and one copy of each is to be returned to the Parish.
Any subsequent changes to either the Constitution or By-laws shall require a similar submission of which ever set of documents has been changed.]
MODEL BY-LAWS for a PARISH
By-laws
for the
……………….. Lutheran Parish
I. MEETINGS
1.The following members of the congregations forming the Parish shall be entitled to vote at meetings of the Parish: (Details to be determined according to local circumstances).
(Note: The voting age for delegates to District convention is 16 years and over.)
II. DUTIES OF OFFICERS
1.The Chairperson shall
(a)preside at meetings of the Parish Council and the Parish;
(b)ensure that all elected and appointed officers and committees effectively carry out their assigned duties and generally encourage and cooperate with all office bearers;
(c)ensure that an agenda is prepared for the meetings of the Parish Council and the Parish; and
(d)submit an accurate and concise report to the Annual General Meeting of the Parish.
2.The Vice-Chairperson shall
(a)serve as Chairperson in the absence or inability of the Chairperson to act, or at the request of the Chairperson; and
(b)assume the office of Chairperson, when a vacancy occurs.
3.The Secretary shall
(a)keep an accurate record of all proceedings of the Parish Council and the Parish, and attend to all correspondence unless it be delegated to another person;
(b)receive all items and motions for the Agenda from the member-congregations of the Parish at least two weeks before the ordinary meetings of the Parish;
(c)together with the Pastor/s and Chairperson draw up the agenda for the meeting and supply duplicates of same to the secretaries of the member-congregations;
(d)prepare notices signifying the purpose of any special meeting for distribution at the said meeting; and
(e)transmit to committees any resolutions which affect their functions.
4.The Treasurer shall
(a)receive and record any offerings, donations, and any other moneys due to the Parish, and pay them regularly into the bank account of the Parish;
(b)disburse funds as directed by the Parish or the Parish Council;
(c)keep an account of income and expenditure; and
(d)present an audited financial statement to the annual meeting of the Parish.
5.All minute books, records, and correspondence of the Parish, its officers and committees, shall remain the property of the Parish.
III. THE PARISH COUNCIL
1.(By-law on composition of Parish Council)
2.The Parish Council shall
(a)give effect to the resolutions of the Parish;
(b)assist and advise the Pastor/s and the member-congregations in the coordination of the spiritual and educational program of the Parish;
(c)make every endeavour to realise and correlate the Objects of the Parish to the member-congregations;
(d)make recommendations on general and financial matters affecting the Parish;
(e)supervise the work of the Standing Committees, Auxiliaries, and organisations of the Parish, and examine the rules and by-laws submitted by such committees, auxiliaries, and organisations of the Parish; and
(f)act in any matter between meetings of the Parish according to the authority laid down from time to time at meetings of the Parish.
(Here should be added additional clauses according to the needs of each particular parish.)
Adopted by the Parish at a meeting held on ……………………………………
Signed: …………………………………………………………..
Chairperson