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C10.01. The annual meeting of this congregation shall be held at a time specified in the bylaws.
C10.02. A special Congregation Meeting may be called by the pastor(s), the Congregation Council, or the president of this congregation, and shall be called by the president of the congregation upon the written request of 25 percent of the voting members.
The call for each special meeting shall specify the purpose for which it is to be held and no other business shall be transacted.
C10.03. Notice of all meetings of this congregation shall be given at the services of worship on the preceding two consecutive Sundays and by mail to all members at least 10 days in advance of the date of the meeting.
The posting of such notice in the regular mail, with the regular postage affixed or paid, sent to the last known address of such members shall be sufficient.
C10.04. Ten (10) percent voting members shall constitute a quorum.
C10.05. Voting by proxy or by absentee ballot shall not be permitted.
C10.06. All actions approved by the congregation shall be by majority vote of those voting members present and voting, except as otherwise provided in this constitution or by state law.
C10.07. Robert’s Rules of Order, latest edition, shall govern parliamentary procedure of all meetings of this congregation.
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C11.01. The officers of this congregation shall be a president, vice president, secretary, and treasurer.
a. Duties of the officers shall be specified in the bylaws.
b. The officers shall be voting members of the congregation.
c. Officers of this congregation shall serve similar offices of the Congregation Council and shall be voting members of the Congregation Council.
C11.02. The congregation shall elect its officers and they shall be the officers of the congregation.
The officers shall be elected by written ballot and shall serve for two years or until their successors are elected. Their terms shall commence at the beginning of the next fiscal year after they are elected.
C11.03. No officer shall hold more than one office at a time. No elected officer shall be eligible to serve more than two consecutive terms in the same office.
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C12.01. The voting membership of the Congregation Council shall consist of the pastor(s), the officers of the congregation, and not more than 12 nor fewer than 4 members of the congregation.
Any voting member of the congregation may be elected, subject only to the limitation on the length of continuous service permitted in that office.
A member’s place on the Congregation Council shall be declared vacant if the member a) ceases to be a voting member of this congregation or b) is absent from four successive regular meetings of the Congregation Council without cause.
Consistent with the laws of the state in which this congregation is incorporated, the congregation may adopt procedures for the removal of a member of the Congregation Council in other circumstances.
C12.02. The members of the Congregation Council except the pastor(s) shall be elected by written ballot to serve for 3 years or until their successors are elected. Such members shall be eligible to serve no more than two full terms consecutively.
Their terms shall commence at the beginning of the fiscal year immediately after they were elected. Newly elected Congregation Council members shall be installed at worship the Sunday prior to the date they assume office.
C12.03. Should a member’s place on the Congregation Council be declared vacant, the Congregation Council shall elect, by majority vote, a successor until the next annual meeting. Individuals who have served less than one-half of a regular term shall be eligible for nomination and possible election to a full term.
C12.04. The Congregation Council shall have general oversight of the life and activities of this congregation, and in particular its worship life, to the end that everything be done in accordance with the Word of God and the faith and practice of the Evangelical Lutheran Church in America.
The duties of the Congregation Council shall include the following:
a. To lead this congregation in stating its mission, to do long-range planning, to set goals and priorities, and to evaluate its activities in light of its mission and goals.
b. To seek to involve all members of this congregation in worship, learning, witness, service, and support.
c. To oversee and provide for the administration of this congregation to enable it to fulfill its functions and perform its mission.
d. To maintain supportive relationships with the pastor(s) and staff and help them annually to evaluate the fulfillment of their calling or employment.
e. To be examples individually and corporately of the style of life and ministry expected of all baptized persons.
f. To promote a congregational climate of peace and goodwill, and, as differences and conflicts arise, to endeavor to foster mutual understanding.
g. To arrange for pastoral service during the sickness or absence of the pastor.
h. To emphasize partnership with the synod and churchwide organization of the Evangelical Lutheran Church in America as well as cooperation with other congregations, both Lutheran and non-Lutheran, subject to established policies of the synod and the Evangelical Lutheran Church in America.
i. To recommend and encourage the use of program resources produced or approved by the Evangelical Lutheran Church in America.
j. To seek out and encourage qualified persons to prepare for the ministry of the Gospel.
C12.05. The Congregation Council shall be responsible for the financial and property matters of this congregation.
a. The Congregation Council shall be the board of directors of this congregation, and as such shall be responsible for maintaining and protecting its property and the management of its business and fiscal affairs.
It shall have the powers and be subject to the obligations that pertain to such boards under the laws of the State of California, except as otherwise provided herein.
b. The Congregation Council shall not have the authority to buy, sell, or encumber real property unless specifically authorized to do so by a meeting of the congregation.
c. The Congregation Council may enter into contracts of up to $25,000 for items not included in the budget.
d. The Congregation Council shall prepare an annual budget for adoption by this congregation, shall supervise the expenditure of funds in accordance therewith following its adoption, and may incur obligations of more than $25,000 in excess of the anticipated receipts only after approval by a Congregation Meeting.
The budget shall include this congregation’s full indicated share in support of the wider ministry being carried on in partnership with the synod and churchwide organization.
e. The Congregation Council shall ascertain that the financial affairs of this congregation are being conducted efficiently, giving particular attention to the prompt payment of all obligations and to the regular forwarding of benevolence monies to the synodical treasurer.
C12.06. The Congregation Council shall see that the provisions of this constitution, its bylaws and the continuing resolutions are carried out.
C12.07. The Congregation Council shall provide for an annual review of the membership roster.
C12.08. The Congregation Council shall be responsible for the employment and supervision of the salaried lay workers of this congregation.
C12.09. The Congregation Council shall submit a comprehensive report to this congregation at the annual meeting.
C12.11. The Congregation Council shall normally meet once a month.
Special meetings may be called by the pastor or the president, and shall be called by the president at the request of at least one-half of its members. Notice of each special meeting shall be given to all who are entitled to be present.
C12.12. A quorum for the transaction of business shall consist of a majority of the members of the Congregation Council, including the pastor or interim pastor, except when the pastor or interim pastor requests or consents to be absent and has given prior approval to the agenda for a particular regular or special meeting, which shall be the only business considered at that meeting.
Chronic or repeated absence of the pastor or interim pastor who has refused approval of the agenda of a subsequent regular or special meeting shall not preclude action by the Congregation Council, following consultation with the synodical bishop.
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C13.01. The officers of this congregation and the pastor shall constitute the Executive Committee.
C13.02. A Nominating Committee of six voting members of this congregation, two of whom, if possible, shall be outgoing members of the Congregation Council, shall be elected at the annual meeting for a term of one year.
C13.03. An Audit Committee of three voting members shall be elected by the Congregation Council.
Audit Committee members shall not be members of the Congregation Council.
Term of office shall be three years, with one member elected each year. Members shall be eligible for reelection.
C13.04. A Mutual Ministry Committee (in the absence of a mutual ministry committee, the duties shall be fulfilled by the executive committee) shall be appointed jointly by the president and the pastor.
Term of office shall be two years, with three members to be appointed each successive year.
C13.05. When a pastoral vacancy occurs, a Call Committee of six voting members shall be elected by this congregation.
Term of office will terminate upon installation of the newly called pastor.
C13.06. Other committees of this congregation may be formed, as the need arises, by decision of the Congregation Council.
C13.07. Duties of committees of this congregation shall be specified in the bylaws.
C13.08. The senior pastor(s) of this congregation shall be ex officio member(s) of all committees and boards of the congregation.
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C14.01. All organizations within this congregation shall exist to aid it in ministering to the members of this congregation and to all persons who can be reached with the Gospel of Christ.
As outgrowths and expressions of this congregation’s life, the organizations are subject to its oversight and direction.
This congregation at its meeting shall determine their policies, guide their activities, and receive reports concerning their membership, work, and finances.
C14.02. Special interest groups, other than those of the official organizations of the Evangelical Lutheran Church in America, may be organized only after authorization has been given by the Congregation.
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*C15.01. Denial of the Christian faith as described in this constitution, conduct grossly unbecoming a member of the Church of Christ, or persistent trouble-making in this congregation are sufficient cause for discipline of a member.
Prior to disciplinary action, reconciliation will be attempted following Matthew 18:15-17, proceeding through these successive steps:
a) private admonition by the pastor,
b) admonition by the pastor in the presence of two or three witnesses, and
c) citation to appear before the Congregation Council.
If, for any reason, the pastor is unable to administer the admonitions required by a. and b. hereof, the president (if not the pastor) or vice president shall administer such admonitions.
*C15.02. The process for discipline of a member of the congregation shall be governed as prescribed by the chapter on discipline in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America.
If discipline against a member proceeds beyond counseling and admonition by the pastor, charges against the accused member(s) that are specific and in writing shall be prepared by member(s) of the congregation who shall sign the charges as the accuser(s).
The written charges shall be filed with the pastor, who shall advise the Congregation Council of the need to issue a written citation to the accused and the accusers that specifies the time and place of the hearing before the Congregation Council.
The written charges shall accompany the written citation to the accused.
A member charged with the offense shall appear before the Congregation Council after having received a written citation, at least ten days prior to the meeting.
If the member charged with the offense fails to appear at the scheduled hearing, the Congregation Council may proceed with the hearing and may pass judgment in the member’s absence.
*C15.03. Members of the Congregation Council who participate in the preparation of the written charges or who present evidence or testimony in the hearing before the Congregation Council are disqualified from voting upon the question of the guilt of the accused member.
Should the allegations be sustained by a two-thirds majority vote of the members of the Congregation Council who are not disqualified but who are present and voting, and renewed admonition prove ineffectual, the council shall impose one of the following disciplinary actions:
a. censure before the council or congregation;
b. suspension from membership for a definite period of time; or
c. exclusion from membership in this congregation.
Disciplinary actions b. and c. shall be delivered to the member in writing.
*C15.04. The member against whom disciplinary action has been taken by the Congregation Council shall have the right to appeal the decision to the Synod Council. Such right may not be abridged and the decision of the Synod Council shall be final.
*C15.05. Disciplinary actions may be reconsidered and revoked by the Congregation Council upon receipt of a) evidence that injustice has been done or b) evidence of repentance and amendment.
*C15.06. For disciplinary actions in this congregation, “due process” shall be observed as specified in 20.41.04. in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America.
*C15.07. No member of a congregation shall be subject to discipline for offenses that the Congregation Council has previously heard and decided, unless so ordered by the Synod Council after an appeal.
*C15.10. Adjudication
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*C16.01. This congregation may adopt bylaws. No bylaw may conflict with this constitution.
*C16.02. Bylaws may be adopted or amended at any legally called meeting of this congregation with a quorum present by a majority vote of those voting members present and voting.
*C16.03. Changes to the bylaws may be proposed by any voting member provided, however, that such additions or amendments be submitted in writing to the Congregation Council at least 60 days before a regular or special Congregation Meeting called for that purpose and that the Congregation Council notify the congregation’s members by mail of the proposal with the council’s recommendations at least 30 days in advance of the Congregation Meeting.
*C16.04. Approved changes to the bylaws shall be sent by the secretary of this congregation to the synod.
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*C17.01. Unless provision *C17.04. is applicable, those sections of this constitution that are not required, in accord with the Model Constitution for Congregations of the Evangelical Lutheran Church in America, may be amended in the following manner.
Amendments may be proposed by at least 25 percent of the voting members or by the Congregation Council.
Proposals must be filed in writing with the Congregation Council 60 days before formal consideration by this congregation at a regular or special Congregation Meeting called for that purpose.
The Congregation Council shall notify the congregation’s members by mail of the proposal together with the council’s recommendations at least 30 days in advance of the meeting.
*C17.02. An amendment to this constitution, proposed under *C17.01., shall:
a. be approved at a legally called Congregation Meeting according to this constitution by a majority vote of those present and voting;
b. be ratified without change at the next annual meeting by a two-thirds majority vote of those present and voting; and
c. have the effective date included in the resolution and noted in the constitution.
*C17.03. Any amendments to this constitution that result from the processes provided in *C17.01. and *C17.02. shall be sent by the secretary of this congregation to the synod. The amendment shall become effective within 120 days from the date of the receipt of the notice by the synod unless the synod informs this congregation that the amendment is in conflict with the constitution and bylaws of the Evangelical Lutheran Church in America or the constitution of the Sierra Pacific Synod of the ELCA.
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*C18.01. The congregation in a legally called meeting or the Congregation Council may enact continuing resolutions. Such continuing resolutions may not conflict with the constitution or bylaws of this congregation.
*C18.02. Continuing resolutions shall be enacted or amended by a majority vote of a meeting of the congregation or a two-thirds vote of all voting members of the Congregation Council.
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*C19.01. Consistent with the provisions of the laws under which this congregation is incorporated, this congregation may adopt provisions providing indemnification for each person who, by reason of the fact that such person is or was a Congregation Council member, officer, employee, agent, or other member of any committee of this congregation, was or is threatened to be made a party to any threatened, pending, or completed civil, criminal, administrative, arbitration, or investigative proceeding.
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August 15, 2011