Current as of August 2022
The Model Constitution for Congregations, like the other governing documents of this church, reflects the theology and polity of this church as it organizes itself to preach the gospel of Jesus Christ, share the sacraments, reach out to the neighbor with good news, and share the love of God in the world. Each expression of this church—churchwide, synod and congregation—is held together in a relationship of interdependence that encourages each to respond to its context. These documents also demonstrate our commitment to seeing ourselves with others as part of the one, holy, catholic, and apostolic Church. As such, the Model Constitution for Congregations is deeply rooted in Scripture, the Lutheran Confessions, and the history of this church and its predecessors.
The Model Constitution for Congregations originally was adopted by the Constituting Convention of the Evangelical Lutheran Church in America and has been amended by subsequent churchwide assemblies. This edition includes amendments approved by the sixteenth Churchwide Assembly in 2022. It is consistent with the requirements of the governing documents of the ELCA’s churchwide organization, and it provides organizational flexibility to recognize local context.
Required and Recommended Provisions
Sections of this constitution marked by [] are required provisions when a congregation amends its governing documents. These sections must be used without alteration or amendment of the text in any manner (i.e., neither additions nor deletions are permissible). This requirement is based on provision 9.52. in the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America, which requires that when a congregation of this church “wishes to amend any provision of its governing documents, the governing documents of that congregation shall be so amended to conform to 9.25.b.” in the ELCA constitution. Provisions in the Model Constitution for Congregations identified by [] are those required under ELCA constitutional provision 9.25.b.
The other provisions in the Model Constitution for Congregations (those that are not marked by [*]) are recommended provisions. These provisions provide suggested wording that congregations may find useful. They may be included, omitted, or altered at the discretion of the individual congregation.
Review by synod
Each congregation of this church is to provide a copy of its governing documents, and any amendments thereto, to its synod. In accordance with ELCA bylaw 9.53.03. and Chapters 16, 17, and 18 of the Model Constitution for Congregations, certain amendments to a congregation constitution only become effective when approved by the synod, while others need only be reported to the synod. (For a full explanation of the amendment and review process, please see the chapters referenced above in this paragraph.)
For those changes that require synod review, the synod shall notify the congregation of its decision to approve or disapprove the proposed changes; the changes go into effect upon notification that the synod has approved them. No governing document amendment will be approved by a synod if it conflicts with the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America or with any provisions of the Model Constitution for Congregations.
Amendments that bring the congregation’s constitution into conformity with the Model Constitution for Congregations, whether to match required or recommended provisions, go into effect immediately upon approval by the congregation meeting, and are then reported to the synod.
In order to be sure that amendments meet constitutional requirements and avoid potential problems, congregations are strongly urged to submit all proposed amendments to a congregation’s constitutional provisions, bylaws, and continuing resolutions to the synod for review before voting on them.
Codification Explanation
The Model Constitution for Congregations, like the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America and the Constitution for Synods, is organized into chapters by general subject matter and codified as follows:
a. Constitutional provisions in the Model Constitution for Congregations are codified with two sets of numbers, preceded by a “C”: the chapter number followed by a period, and a two-digit sequence number also followed by a period.
Required constitutional provisions, as explained above, are preceded by [*]. For example, *C5.02. is a required constitutional provision in Chapter 5, the chapter on Powers of the Congregation.
Recommended constitutional provisions, as explained above, are not preceded by [*****]. For example, C5.05. is a recommended provision in Chapter 5, the chapter on Powers of the Congregation.
Other constitutional provisions, including modified versions of the recommended provisions, may be proposed and adopted by individual congregations. Such provisions may not conflict with the Constitution, Bylaws, and Continuing Resolutions of the Evangelical Lutheran Church in America and are adopted and become effective in accordance with Chapter 16 of the Model Constitution for Congregations.
b. The Model Constitution for Congregations contains no required or recommended bylaws. If a congregation chooses to adopt bylaws, they should be codified with three sets of numbers, each followed by a period: the chapter number (preceded by a “C”), the related constitutional provision number, and a two-digit bylaw number. For example, a bylaw could be codified as C5.03.01.
Bylaws are adopted and amended in accordance with Chapter 17 of the Model Constitution for Congregations. Congregations may adopt bylaws related to each congregation’s organization, operation, and life. Bylaws should be incorporated following the constitutional provisions to which they apply. They should not be organized in a separate section or document.
c. The Model Constitution for Congregations does not contain any suggested continuing resolutions. If congregations adopt continuing resolutions, those also are codified with three sets of numbers, except that the third set is preceded by a capital letter indicating sequence and a two-digit number indicating the year of its adoption. For example, if a congregation adopted one or more continuing resolutions in 2022 related to the Powers of the Congregation, the first continuing resolution adopted could be numbered “C5.03.A22.”
Continuing resolutions are adopted and amended in accordance with Chapter 18 of the Model Constitution for Congregations. They are intended to provide more detailed descriptions of operational patterns and practices within the congregation. They should be incorporated following the constitutional provisions and/or bylaws to which they apply. They should not be organized in a separate section or document.