Constitution and By-Laws

SHEPHERD OF THE HILLS
LUTHERAN CHURCH
LCMS

Rathdrum, Idaho

CONSTITUTION

AND

BYLAWS

Last revision
April 2012
Updated
April 2012

 

SHEPHERD OF THE HILLS LUTHERAN CHURCH
CONSTITUTION & BYLAWS

PREAMBLE

 

We, the members of Shepherd of the Hills Lutheran Church, Kootenai County, Rathdrum, Idaho, in order to carry out the purposes of a Christian congregation, establish these articles to be our Constitution:

ARTICLE I

The name of this Congregation shall be Shepherd of the Hills Lutheran Church, Rathdrum, Idaho.

ARTICLE II

PURPOSE:  

The purpose of this Congregation shall be to seek the honor and glory of God, to carry out His will throughout the world, to manifest the unity of our faith in Jesus Christ as God and Savior, to spread the kingdom of God and to foster Christian fellowship and love, by the preaching of the Word of God, by the administration of the Sacraments and by the religious instruction of all its members, according to the confessional standard of the Evangelical Lutheran Church (Article III).

ARTICLE III

CONFESSIONS: 

  1. This Congregation acknowledges and accepts all the canonical books of the Old Testament and the New Testament as the revealed and inerrant Word of God, verbally inspired, and submits to them as the only infallible authority in all matters of faith and life. 
  2. This Congregation acknowledges and accepts all the confessional writings of the Evangelical Lutheran Church, contained in the Book of Concord of the year 1580, as true and genuine expositions of the doctrines of the Bible.  These confessional writings are the three Ecumenical Creeds (Apostles’, Nicene and Athanasian), the Unaltered Augsburg Confession, the Apology of the Augsburg Confession, the Smalcald Articles, Luther’s Large and Small Catechisms and the Formula of Concord.

ARTICLE IV

MEMBERSHIP: 

Section 1.  We welcome in membership in Shepherd of the Hills Lutheran Church all those who accept and acknowledge Article III. 

Section 2.  There shall be three classes of membership as follows:       (a) Baptized members,
                                                                                                                                                    (b) Communicant members, 
                                                                                                                                                    (c) Voting members.

 ARTICLE V

SYNODICAL AFFILIATION:

This Congregation shall hold membership in the Lutheran Church-Missouri Synod. It shall send its pastor and a lay delegate to the District Convention of Synod.

ARTICLE VI

PASTORS: 

Section 1.   Qualifications.  Only he can be a Pastor of the Congregation who: (a) Subscribes to the doctrinal basis of the Congregation as set forth in Article III of this Constitution.  (b) Is acceptable to the Synod of which this Congregation is a member. 

Section 2.  Powers and Duties.  In addition to the powers and duties incident to this office, the Pastor shall have such powers and duties as may be provided for in this Constitution, by the bylaws of the Congregation, or the resolutions of the Voting Body.

ARTICLE VII

AUTHORITY OF THE CONGREGATION:

  1. General.  The Voters’ Assembly shall be the governing body of this Congregation and shall be empowered to administer and manage all its affairs.  The establishment and conduct of all organizations and societies within the Congregation shall be subject to the approval and supervision of the Voters’ Assembly.
  2. Right of Calling.  The right of calling Pastors or teachers shall be vested in the Congregation and shall never be delegated to a smaller body or to any individual.
  3. Decisions.  Matters of doctrine and conscience shall be decided by the Word of God; other matters shall be decided by the Voters’ Assembly by a majority vote unless otherwise specified by the Constitution or bylaws.
  4. Powers of Officers.  Congregational officers or committees, whether elected or appointed by the Voters shall have no authority beyond that which as been conferred upon them and whatever power may have been delegated to them may at any time be altered or terminated by the Voters.
  5. Removal from Office.   Any officer, Pastor or teacher may be removed from office by the Congregation by ballot, in Christian and lawful order, for any one of the following causes: persistent adherence to false doctrine, scandalous life and inability to perform his official duties or willful neglect of them.  Action resulting in removal of office shall require a two-thirds majority vote.

ARTICLE VIII

OFFICERS. 

The officers of this Congregation shall be such officers, boards, or committees as the bylaws of this Congregation may prescribe.

ARTICLE IX

PROPERTY RIGHTS:

If at any time a division should take place on account of doctrine, the property of the Congregation and all benefits connected therewith shall remain with those communicant members who continue to adhere in confession and practice to Article III of this Constitution.  If division takes place for any other reason, the property shall remain with the majority of the communicant members.  In the event the Congregation should totally disband, the property and all rights connected therewith shall be transferred to that District of the Lutheran Church-Missouri Synod of which the Congregation has been a member at the time of disbanding.

ARTICLE X

BYLAWS: 

This Congregation may adopt such bylaws as may be required for the accomplishment of its purpose.

ARTICLE XI

CHANGING THE CONSTITUTION - AMENDMENTS:

Amendments to this Constitution and the bylaws may be adopted at a regular Voters’ Assembly, provided:

  1. That they do not conflict with the provisions laid down in Article III or with any section of any other article that pertains to Scriptural doctrine and practice; and
  2. That the proposed amendment has been submitted in writing at a previous Voters’ Assembly. 

The affirmative vote of a two-thirds majority of the voting membership present at the Congregational meeting shall be required for the adoption of an amendment to the Constitution.  An amendment to the bylaws will require a simple majority.

BYLAWS TO THE CONSTITUTION

ARTICLE I - MEMBERSHIP:

  1. All persons baptized in the name of the Triune God under the spiritual care of the Pastor of this Congregation shall be known and enrolled as Baptized Members.   
  2. All baptized and instructed Christians, who, upon recommendation of the Pastor, shall in sincerity subscribe to the Constitution shall be known and enrolled as Communicant Members. 9
  3.  Those who are not members of organizations whose principles and conduct conflict with the Word of God and the conduct of a Christian. (Corinthians 6: 14-18) (Matt 28:19) and (John 5; 23). 9 
  4.  We extend the right of suffrage to all who shall have signed this Constitution and who shall have reached the age of 18.  These persons shall be known and enrolled as Voting Members.  

Membership involving #1, 2, 3 or 4 above will be ratified by the Voters’ Assembly in their regular or special meetings.

ARTICLE II - MEETINGS: 

Regular Voters’ Meetings will be held 1 10 on the second Sunday in the month of April, and November.1 10 Special meetings may be called by the Church Council or, when circumstances make it necessary, by the President of the Congregation in conjunction with the Pastor.

Section 1.  Notice of all Congregational meetings will be announced at church services on the Sunday preceding such meetings and by mail notice at least one week before the scheduled meeting date.

Section 2.  Quorum.  A quorum shall consist of ten (10)-voting members; at least two of whom are officers of the congregation.

Section 3.  The 2 April 2 meeting shall be the ANNUAL MEETING of the Congregation. 10 3 The meeting in November shall be for adoption of the budget and for the election of officers for the next ensuing year.3 10

ARTICLE III - PASTORS: POWERS AND DUTIES:

  1. The Pastor shall be a member of the Church Council and an ex officio member of all committees. 
  2. The Pastor shall hold Communion Services on the first and third Sunday of each month and/or at such other times as he shall determine.

ARTICLE IV - OFFICERS: 

 Section 1.  Officers of this Congregation shall be Voting Members in good standing and of exemplary Christian character.  The officers shall be: President; Vice-president; Secretary; Treasurer; Financial Secretary; Trustees (four six); Elders (one for every 10 25 member - families or major fraction thereof with minimum of three); Director of Education; Director of Evangelism, 5Director of Fellowship5 11and12 Director of Social Ministries11 and Youth Services Coordinator12. Only male candidates 21 years of age or older shall be eligible for membership on the Board of Elders and the office of President and Vice-president of the Congregation.  The Church Council shall consist of: The President and Vice-president; Secretary; Treasurer; Financial Secretary; Chairman of the Board of Trustees; Chairman of the Board of Elders; Director of Education; Director of Evangelism, 6Director of Fellowship6, 11Director of Social Ministries;11 Youth Services Coordinator12, and the Pastor.  11A Representative of the Youth Group (SHY) appointed by the President shall be an ex-officio (non-voting) member of the Church Council.11 The Church Council shall be trustees of the body corporate; however, the President or Vice-president shall have power to execute all properly authorized legal documents.

Section 2.  The elected officers of 4 financial secretary, treasurer, 4 trustees and elders shall serve a term of two years. The rest of the elected officers shall serve a one-year term. Two trustees and one-half the number of elders shall be elected each year.  An officer may be elect­ed for a second term, but shall not thereafter hold the same office until at least a year shall have elapsed.  11In the event that an elected officer (other than President or Vice President) cannot complete a term in office for whatever reason, the President shall appoint a successor to be confirmed by the Church Council. The appointee shall serve the remainder of the unexpired term and may run for one additional consecutive term.11

Section 3.  A nominating committee, to be appointed by the President of the Congregation, shall present a slate of candidates for all offices of the Congregation at the 4 10 November 4 10 meeting of the Voters, at which time the elections shall be held.   Additional nominations may be made from the floor.  Voting shall be by separate ballot for each office, in the order listed.  A plurality of votes cast shall be required for all elections.  Newly elected officers will take office on January 1st following the date of election.

ARTICLE V - DUTIES OF OFFICERS:

 

  1. The President of the Congregation shall preside at all meetings of the Congregation and the Church Council and see that all resolutions of the Congregation are carried out.  He shall perform all other duties ordinarily associated with the office of President.
  2. The Vice-president of the Congregation shall assist the President, particularly in special undertakings and projects.  He shall assume the duties of the President in the case of the former’s inability to fill his office.  In the event of the Vice-president permanently assumes the office of President 11or is otherwise unable to complete a term of office11, a special election shall be held to fill the then vacant office of Vice-president.
  3. The Secretary shall keep an accurate record of all proceedings of the Congregational meetings. He shall also serve as secretary of the Church Council, and keep accurate record of all proceedings of the Council.  He shall keep an accurate copy of the Constitution and Bylaws together with all signatures thereto.
  4. The Treasurer shall receive from the Financial Secretary a report of all moneys received through worship services, special offerings, or any other source and duly record same.  He shall keep an accurate record of all deposits.  He shall pay all bills approved by the Church Council and keep an accurate record of all such disbursements.  He shall submit monthly reports to the Church Council and semi-annual reports to the Congregation.
  5. The Financial Secretary (or his designee) shall receive, record, and deposit all Congregational moneys.  These shall be deposited as soon a possible, no later than 48 hours after being received.  A deposit slip, receipted by the bank, shall be sent to the Treasurer for all deposits.  He shall prepare an individual report to each member quarterly itemizing offerings received by envelope during the past three months.
  6. An Auditing Committee shall be appointed by the President of the Congregation to audit the books of the Treasurer and Financial Secretary prior to the annual meeting of the Voting Body.  Such auditing committee shall not include the Treasurer or the Financial Secretary.
  7. Trustees shall administer all property belonging to the Congregation in accordance with the directives of the Church Council.
  8. Elders shall assist the Pastor in all matters pertaining to the spiritual welfare of the Congregation.
  9. Director of Christian Education shall assist the Pastor in all matters pertaining to the religious education in the Congregation.
  10. Director of Evangelism shall assist the Pastor in all matters pertaining to evangelism in the Congregation.
  11. 7 Director of Fellowship shall assist the Pastor in all matters pertaining to fellowship in the Congregation.7
  12. 11The Director of Social Ministries shall assist the pastor in all matters pertaining to Social Ministries in the Congregation.11
  13. The Youth Services Coordinator shall provide leadership to the SHY youth group with the guidance of the Pastor.12

 

ARTICLE VI - STANDING BOARDS AND COMMITTEES:

  1. The Board of Elders shall consist of the elected elders of the Congregation.  They shall designate one of their number as chairman.  They shall meet when necessary to carry out their duties.  
  2. The Board of Trustees shall consist of the elected trustees of the Congregation.  They shall designate one of their number as chairman.  They shall meet when necessary to carry out their duties.
  3. The Board of Education shall consist of the elected Director of Education (who shall be chairman of the board) and two voting members of the congregation appointed by the Church Council.  They shall meet when necessary to carry out their responsibilities.
  4. The Evangelism Committee shall consist of the elected Director of Evangelism (who shall be chairman of the Committee) and two voting members of the Congregation appointed by the Church Council.  They shall meet when necessary to carry out their responsibilities. 
  5. The Stewardship-Finance Committee shall consist of the elected Vice-president of the Congregation (who shall be chairman of the committee) and the elected Treasurer and Financial Secretary.  They shall meet when necessary to carry out their responsibilities.  They shall draw up a proposed budget each year and present it to the Church Council and the Congregation.
  6. 8The Fellowship Committee shall consist of 11the Director of Fellowship (who shall be the chairman of the Committee) and other11 voting members of the Congregation appointed by the 11Director of Fellowship and confirmed by the11 Church Council.8
  7. 11The Social Minsistries Committee shall consist of the Director of Social Ministries (who shall be the chairman of the Committee), the Pastor, and at least one other voting member appointed by the Director of Social Ministries and confirmed by the Church Council.11
  8. The Youth Services Committee shall consist of the Youth Service Coordinator (who shall be chair of the Committee), the Pastor, and at least one other voting member appointed by the Youth Services Coordinator and confirmed by the Church Council. 12
 

ADOPTED APRIL 5, 1981

SHEPHERD OF THE HILLS LUTHERAN CHURCH

 

REVISED:     September 10, 1984
REVISED:     April 5, 1987
REVISED:     April   , 1992
REVISED:     December 10, 1995
REVISED:     September 15 1996
REVISED:     December 9, 2001
REVISED:     April 9, 2006
REVISED:     April 15, 2012

NOTE:  Standing rule regarding Proxies (approved voters’ meeting September 30, 1984): In order to vote by proxy, a voting member needs to have been present at two (2) of four (4) last meetings and submit a written signed letter to an officer naming who is to vote their proxy on any and all matters.

1 amended April, 1992 added to Article II Meetings
2 amended April, 1992 added to Article II Meetings
3 amended April, 1992  added to Article II Meetings
4 amendment December 10 1994 added to SECTION 2 OFFICERS
5 amended December 10, 1995 adding DIRECTOR OF FELLOWSHIP
6 amended December 10, 1995 adding DIRECTOR OF FELLOWSHIP
7 amended December 10, 1995 to add to DUTIES OF OFFICERS
8 amended December 10, 1995 to add to STANDING BOARDS AND COMMITTEES
9 amended September 15, 1996 added to ARTICLE I MEMBERSHIP
10 amended December 9, 2001 change of meeting months
11 amended April 9, 2006 adding DIRECTOR OF SOCIAL MINISTRIES and clarifying appointment for Vacancies
12amended April 15, 2012 to add Youth Services Coordinator and changed number of Trustees and number of families for each Elder.

 

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