The name of this congregation shall be EVANGELICAL LUTHERAN TRINITY CHURCH of EL PASO DE ROBLES. This congregation is also known as TRINITY LUTHERAN CHURCH, PASO ROBLES, CALIFORNIA.

2.1 Following our Savior's command, recorded in Matthew 28:19, the mission of God's people at Trinity is: To witness Christ to our community through worship, education, and fellowship.

2.2 The purpose of this congregation is to give honor and glory to God, to carry out His will, to assist in preaching the Gospel of Jesus Christ to all the world, to manifest the unity of our faith in Jesus Christ as God and Savior, to foster Christian fellowship and love, to extend a helping hand in human need, and to achieve our objectives 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.

The confessional standard of Trinity Lutheran Church is hereby declared to be as follows:

3.1 This Christian congregation acknowledges and accepts all the canonical books of the Old and New Testaments as the revealed Word of God, verbally inspired, and acknowledges and accepts all of the Symbolical Books of the Evangelical Lutheran Church, as contained in the Book of Concord 1580, to be a true and genuine exposition of the doctrines and Gospel truths of the Bible. The Symbolical Books are the three Ecumenical Creeds (The Apostolic, the Nicene, and the Athanasian), the unaltered Augsburg Confession, the Apology of the same, the Smalcald Articles, Luther's Large and Small Catechisms, the Formula of Concord (both the Epitome and the Thorough Declaration).

4.1 Membership. The membership of this congregation includes the following:

4.1.1 Baptized members are all who have been baptized with water in the name of the Triune God and who are under the spiritual care of the Pastor of this congregation, including the children who have not yet been confirmed.

4.1.2 Communicant members are those baptized members who have been confirmed in the Lutheran Church, accept the confessional standards of ARTICLE 3 of this constitution, and are not members of affiliates, or supporters of secret societies or any other organizations, whose principles and conduct conflict with the word of God (2 Cor. 6:14-18) and Lutheran Confessions.

4.1.3 Voting members are communicant members of this congregation who have reached the age of 18 years.

4.2 Reception
Baptized and communicant members are received through the Sacrament of Holy Baptism, through the consent of one or both parents in the case of children who have been baptized in another Christian congregation, through the rite of confirmation, through transfer from a sister congregation, through the profession of faith, or through reaffirmation of faith.

4.3 Duties
Members of the congregation will conform their entire lives to the rule of God's Word, and to that end make diligent use of the means of grace; impart and accept fraternal admonition as the needs of such admonition become apparent, be readily available for service in the kingdom of Christ within and beyond the congregation, and exercise faithful stewardship of God's many gifts of time, treasure, and talents.

4.4 Termination
4.4.1 Membership will be terminated by transfer to a sister congregation, by death, by joining a congregation outside the fellowship of this congregation, by excommunication (see ARTICLE 7.0 of the BYLAWS), by self-exclusion, or termination by the BOARD OF ELDERS for failure to reactivate his/her membership despite repeated encouragement.

4.4.2 Communicant members who conduct themselves in an unchristian way shall be admonished according to Matthew 18:15-20. If they remain impenitent after proper admonition, they shall be excommunicated. Each case shall be presented individually to the Voters Assembly for a decision. If such members deliberately absent themselves from the meeting(s) at which their case is to be discussed, they shall be regarded as having excluded themselves from membership of the congregation.

5.1 The Pastoral office in this congregation will be conferred only on such a Pastor or candidate who professes and adheres to the confessional standard set forth in ARTICLE 3 of this Constitution, who is qualified for his work, who has been endorsed by The Lutheran Church -- Missouri Synod (LCMS), and is a member of the LCMS. The same shall apply to Lay Ministers, called teachers or principals in the Christian day school, preschool directors, and directors of Christian education (DCE).

5.2 The congregation may request the resignation of any Pastor, Lay Minister, called teacher, principal, preschool director, DCE, or officer from office in the congregation only in the case of prolonged incapacity or general incompetence.

5.3 Any Pastor, Lay Minister, called teacher, principal, preschool director, DCE, or officer may be removed from office by a two-thirds majority ballot vote of the Voters Assembly in Christian and lawful order for one of the following reasons: persistent adherence to false doctrine, scandalous life, willful neglect, or inability to complete the duties of the office.

6.1 The Church Council shall be empowered to carry out the day-to-day business of the congregation as delineated in the Bylaws.

6.2 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 auxiliaries within the congregation or related directly to it shall be subject to the approval and supervision of the Voters Assembly.

6.3 The Voters Assembly shall exercise its power by direct action and not delegate its power in the following matters:

6.3.1 Calling and removing the Pastor, the Lay Ministers, the called teachers or principals, the preschool directors, the DCE'S, or other called positions.

6.3.2 Electing officers of the congregation and members of other program boards.

6.3.3 Buying or selling property or the erection or removal of buildings.

6.3.4 Establishing an annual budget and contingencies.

6.3.5 Adopting changes or additions to the Constitution or Bylaws.

6.3.6 The termination of any membership by excommunication.

6.3.7 Authorize the Boards (within budget restrictions) to contract or recommend the calling of additional staff to assist the pastoral ministry of the congregation.

6.4 All matters covered in section 6.3 above, except elections and budgets, shall be decided by a two-thirds majority vote of the Voters Assembly unless otherwise specified by the Constitution or Bylaws, including matters of doctrine and conscience, which shall be decided only on the basis of the Word of God.

This congregation shall have the following officers, boards, and committees besides any of which the Voters Assembly or Church Council may authorize. All officers and the chairmen of boards and committees shall provide a written report of monthly activities to the Church Council. Copies of reports are included in Church Council minutes available to all members of the Voters Assembly.

7.1 THE CORPORATE OFFICERS OF THE CONGREGATION.
The CHAIRMAN and VICE-CHAIRMAN shall be male voting members of the congregation. The SECRETARY and the TREASURER shall be the other two officers and shall be voting members of the congregation. All may serve consecutive terms, shall serve on the Church Council, and serve as Corporate Officers. The CHAIRMAN and the SECRETARY shall represent the congregation before the Law, signing all legal documents. The positions and duties of Corporate Officers are described in ARTICLE 4.O of the BYLAWS.

7.2 ELECTED PROGRAM BOARDS
It will be the function of the Program BOARDS to carry out the purpose of the congregation as stated in Article 2.0 of the MISSION statement at the beginning of the Constitution. The Program Boards are as follows:

7.2.1 THE BOARD OF ELDERS

7.2.2 THE BOARD OF TRUSTEES

7.2.3 THE BOARD OF EDUCATION

7.2.4 THE BOARD OF PARISH CHRISTIAN EDUCATION

7.2.5 THE BOARD OF FINANCE

7.2.6 THE BOARD OF CHRISTIAN OUTREACH DEVELOPMENT

7.2.7 THE BOARD OF FELLOWSHIP

7.2.8 THE ENDOWMENT FUND COMMITTEE

7.2.9 THE BOARD OF WOMEN’S MINISTRTY

7.3 Other elected and Appointed Committees or Positions

7.3.1 A worship committee

7.3.2 The Finance committee

7.3.3 A Financial Secretary

7.3.4 A Director of Music

7.4 The descriptions and responsibilities of all Boards and Committees are shown in ARTICLE 4.0 of the BYLAWS.

This congregation will be a member of The Lutheran Church -- Missouri Synod and in its California-Nevada-Hawaii District, or the successors thereto, as long as these bodies conform to the congregation's confessional standards set forth in ARTICLE 3 of this Constitution.

9.1 If at any time a division should take place because of doctrine, the property of the congregation and all benefits connected with it shall remain with those communicant members who continue to adhere in confession and practice to ARTICLE 3 of this Constitution, even if they shall be in the minority, as decided by the adjudication procedures, officials and committees of the District and of The Lutheran Church -- Missouri Synod or the successors thereto.

9.2 If division takes place for any other reason, the property shall remain with the largest group of the communicant members who continue to adhere in confession and practice to ARTICLE 3 of this constitution, as decided by the adjudication procedures, officials and committees of the District and of The Lutheran Church -- Missouri Synod.

9.3 In the event the congregation should dissolve, the property and all rights connected with it shall be transferred to the California-Nevada-Hawaii District of The Lutheran Church -- Missouri Synod or its legal successor.

The quarterly Voters Assembly will be held as determined in the Bylaws. Announcement of the meeting will be made in the services of the two previous Sundays. Special meetings require a public announcement in services of the two previous Sundays or notification by mail and announcement in the services of one previous Sunday. Such special meetings may be called at the request of the Pastor and CHAIRMAN together or by the Church Council. Special meetings may treat only material for which the meeting is called.

A quorum at a validly called meeting of the Voters Assembly shall be at least fifty eligible voting members for any business to be conducted.

Women who have reached the age of 18 may hold voting membership in the congregation and serve as officers and as members of boards and committees as long as these positions are not directly involved in the specific functions of the pastoral office (preaching, the public administration of the sacraments, and church discipline) and as long as this service does not violate the order of creation (usurping authority over men). Accordingly, they shall not serve as the Pastor, as the Lay Minister, as a member of the Board of Elders, or as CHAIRMAN or VICE-CHAIRMAN of the congregation.

Amendments to the Constitution shall meet the following requirements:

13.1 Amendments to provisions of this Constitution may be adopted at a regular or special Voters Assembly provided:

13.1.1 That the proposed amendment has been submitted to the Church Council in writing and published by posting in a conspicuous place for a minimum of two weeks in the facilities or by mail a minimum of two weeks before the Voters Assembly, at which the proposed amendment will be acted upon;

13.1.2 That an affirmative vote of a two-thirds majority of the voters present is secured.

13.2 In addition to the above requirements, proposals to amend ARTICLE 3 and paragraphs 4.1.2, and 5.1 shall require:

13.2.1 That the proposed amendment shall be mailed to all eligible voters informing them that the amendment will be discussed at two consecutive constitutional meetings of the Voters Assembly. The scheduled dates and times of the constitutional meetings of the Voters Assembly at which such amendment will be discussed is also to be announced in two consecutive Sunday worship services.

13.2.2 That a quorum of eligible voters be present at each meeting at which this material is presented for discussion. Prior to adjournment of the second Constitutional meeting the fact that the proposed amendment is to receive action by ballot vote of the Voters Assembly on a given date shall be announced. An affirmative vote of 75% of all eligible voters present is required to amend these paragraphs.

13.2.3 Any changes in these sections shall not destroy the essential meaning of the same. Whether or not this has occurred shall be decided, if challenged, by a decision of the Commission on Adjudication of the synodical District in which the congregation holds its synodical membership.

1.1 When a Pastor, a LAY MINISTER, a DCE, a teacher, a principal, or a preschool director is called, every member of the congregation will have the privilege of making one or more nominations. The congregation shall also ask the President of the synodical District for recommendations. In a pastoral, LAY MINISTER, or a DCE call, the BOARD OF ELDERS shall serve as the screening committee. In the calling of a teacher, a principal, or a preschool director, the BOARD OF EDUCATION will serve as the screening committee.

1.2 In the screening process, the responsible BOARD shall submit all names to the District President for information and evaluation. After receiving information and recommendations from the District President, the responsible BOARD shall present to the congregation by means of a public announcement at least two preferred candidates with a published biographical sketch of each.

1.3 At the Voters Assembly meeting convened for the purpose of calling a new Pastor, LAY MINISTER, DCE, teacher, principal, or preschool director, the preferred list will be accepted by means of a two-thirds vote of those present. By this action the Voters Assembly agrees to be satisfied with whatever selection is finally made by the congregation.

1.4 Balloting shall proceed by means of a secret ballot vote. A majority is needed to decide the disposition of the call. Upon selection of a specific candidate, the CHAIRMAN shall ask for a unanimous vote to call that individual.

1.5 All calls shall be signed by the CHAIRMAN and SECRETARY of the congregation and the Chairman of the BOARD OF ELDERS.

2.1 Membership

2.1 The Church Council shall consist of the CHAIRMAN, the VICE- CHAIRMAN, the SECRETARY, the TREASURER of the congregation, and the Chairman of each of the program BOARDS, each with a vote. The Pastor, Lay Minister, DCE, Christian day school principal and preschool director shall be Ex-officio (non-voting) members of the Church Council.

2.2 Church Council Meetings
The Church Council shall meet in regular sessions at least monthly. Special meetings may be called by the CHAIRMAN and Pastor together or by any three members of the Church Council by announcing the meeting time to the Church Council members in the services the preceding Sunday or notice by mail which shall be delivered to the home of each member at least 24 hours in advance. Notice of special meetings shall include the purpose for which the meeting is convened. Special meetings may treat only material for which the meeting is convened. All communicant members may attend Church Council meetings and express opinions. A majority of the voting members of the Church Council shall constitute a quorum.

2.3 Duties
It shall be the principle duty of the Church Council to coordinate the program and activities of the church, school, and preschool of the congregation. It shall have power to appoint: the Sunday school superintendent, the youth counselor(s), members of the BOARDS of worship, outreach, stewardship, fellowship, finance, budget, audit, and the nominating committee; and to act in the behalf of the congregation between meetings of the Voters Assembly. In addition, the Church Council shall have the following duties. It shall:

 

1. See that all resolutions and policies of the Voters Assembly are carried out through the appropriate program boards.

2. Administer the approved budget of the Voters Assembly and is authorized to modify the existing budget (plus or minus) up to two percent without the approval of the Voters Assembly.

3. Be responsible for future planning and coordinating action in improving and extending the building of the Kingdom of God. They are to implement and coordinate the total program, including the budget, to avoid inaction, duplication, or omission or any part.

3.1 All officers and BOARDS shall be elected or reelected by the voters at the May Meeting of the Voters Assembly.

3.2 A nominating committee, chosen by the VICE-CHAIRMAN shall publish and make available a slate of candidates for all elective offices to be published in the bulletin the Sunday prior to the voters assembly. The slate shall normally consist of two names for each office. Additional nominations may be made from the floor by voting members during a duly called Voters Assembly. No person shall be nominated without his/her consent. Nominations for the BOARD OF ELDERS must be approved by the Pastor and the BOARD OF ELDERS prior to the publication of the proposed slate of candidates (no floor nominations permitted for Elders).

3.3 All officers shall be elected by a majority ballot vote of the Voters Assembly. Voting shall continue until a majority is established by succeeding ballot(s).

3.4 The CHAIRMAN, VICE-CHAIRMAN, TREASURER and SECRETARY shall hold office for two years and are limited to two one-year extensions. All elected members of BOARDS, committees, or those who have been appointed shall serve for three years from the time of their election or appointment, and each shall be limited to one one-year extension. The four church officers, individually, are eligible for reelection into the same position after a lapse of two years. All other elected individuals are eligible for reelection into the same position after a lapse of one year. There is no limitation on any individual to be elected into a different position after their existing position has expired.

3.5 The BOARD OF PARISH CHRISTIAN EDUCATION, BOARD OF CHRISTIAN OUTREACH DEVELOPMENT, BOARD OF STEWARDSHIP, and BOARD OF FELLOWSHIP shall each consist of three members with a term of office of three years and a maximum of one one-year extension. There shall be one member of each committee newly appointed or reappointed in May of each year.

3.6 OTHER COMMITTEES The worship committee shall consist of six appointed members with a term of three years and a maximum of one one-year extension. There shall be two members newly appointed or reappointed in May of each year. All committee members are eligible for reappointment after a lapse of one year.

3.7 Officers and BOARD members shall be inducted into office in a public service of the congregation.

3.8 In case of a vacancy in an elective office, the Church Council shall appoint a successor to fill the unexpired term. All appointments shall be ratified at the next May Voters Assembly following the appointment.

Officers and members of BOARDS and committees shall perform the duties as prescribed in ARTICLE 4 of the BYLAWS.. The Voters Assembly or Church Council shall have the privilege of detailing and modifying these responsibilities by majority vote. They may also appoint other BOARDS and committees into being as needed.

4.1 RESPONSIBILITIES OF CORPORATE OFFICERS

4.1.1 The CHAIRMAN shall preside at the meetings of the Voters Assembly and Church Council. He shall, as directed by resolution or Bylaws, make appointments in consultation with the Pastor, officers, or board chairmen on the basis of members’ talents, interests and willingness to serve. The chairman shall serve as Circuit Representative for the congregation.

4.1.2 The VICE-CHAIRMAN shall perform the duties of the CHAIRMAN in his absence or assume them if the CHAIRMAN can no longer hold office. He shall serve as Chairman of the Constitution and ByLaws committee and nominating committee. The VICE-CHAIRMAN will initiate annual reviews of all financial records of the church, school and preschool. The reviews will be conducted by an internal audit each year with the exception that every third year the audit will be performed by an independant outside auditing agency. Its purpose is to review all financial records of the congregation at the close of each fiscal year. A report of findings will be presented to the Church Council for review and action no later than 180 days after close of the fiscal year.

4.1.3 The SECRETARY, serving the Church Council and the Voters Assembly, shall faithfully record and be responsible for the safe keeping of the minutes of their meetings. The SECRETARY shall conduct their official correspondence, keep an accurate record of attendance at their meetings, and perform all other functions in the general keeping of the office.

4.1.4 The TREASURER shall be the Chairman of the Board of finance. The TREASURER shall, together with the Financial Secretary of the BOARD OF FINANCE, expedite the safe deposit and keeping of all congregational funds. The TREASURER shall disburse the funds within the constraints of the budget of the congregation and the meeting of its obligations. The TREASURER shall present a written, duplicated financial report to the Church Council and the Voters Assembly at their regular meetings.

4.2 RESPONSIBILITIES OF ELECTED PROGRAM BOARDS

4.2.1 THE BOARD OF ELDERS is comprised of six (6) elected members who are the lay spiritual leaders of the congregation. As such it shall work with the Pastor and be directly concerned with his physical, spiritual and professional life. It will work closely with him in the spiritual care of all members, the conduct of the worship services, the instruction of adults and youth for confirmation, benevolence and all other aspects which affect the spiritual health of the congregation. It shall arrange for Pastoral services when a vacancy occurs, and shall work with the circuit pastoral counselor in the calling of a new Pastor. Membership of the Board of Elders shall be limited to male communicant members of the congregation.

4.2.2 THE BOARD OF TRUSTEES, consisting of six (6) elected members, shall be responsible for the physical property of this congregation. It shall be responsible for the maintenance of all property and equipment of the congregation and for all insurance for congregational property and equipment.

4.2.3 THE BOARD OF EDUCATION consisting of five (5) elected members plus the Principal of the Christian day school and the Director of the preschool, is to be responsible for the organization, supervision and execution of all Christian day school and preschool programs and activities. Activities include but are not limited to the PTA, Boosters Auxiliary, selection and hiring of teachers once budget approval is received, and termination of teachers. The BOARD also acts as the screening committee for the calling of a principal. The BOARD OF EDUCATION will provide recommendations for nominations to the Church Council nominating committee.

4.2.4 THE BOARD OF PARISH CHRISTIAN EDUCATION shall be responsible for the educational growth and nurture of the entire congregation. It shall direct the educational programs, appoint all committees needed to supervise the same. A Chairman shall be elected by the Voters Assembly, and three members (the Sunday School Superintendent, a youth counselor and one member at large) shall be appointed by the committee Chairman.

4.2.5 THE BOARD OF FINANCE is responsible for the receiving, accounting , banking, and reporting of all funds gathered by this congregation. The chairman of the board shall be the TREASURER of the congregation. From its membership shall come the Financial Secretary and any other positions deemed necessary for the proper accounting and recording of church funds. This BOARD shall be responsible for developing systems and personnel to carry on the accounting of the church’s monies in a business-like manner.

4.2.6 THE BOARD OF CHRISTIAN OUTREACH DEVELOPMENT, consisting of one elected member and up to three appointed members, which is to concern itself with the work of child, youth and adult evangelism, promoting the work of winning souls for Jesus Christ and the congregation. The committee shall lead the congregation in both individual and corporate evangelism training programs. It shall emphasize the command of our Lord that we teach and baptize all nations. It must evaluate the outreach of the parish, encouraging the congregation to bring souls to Christ.

4.2.7 THE BOARD OF STEWARDSHIP, consisting of one elected member and up to three appointed members, shall educate the congregation in Biblical truths regarding the use of time, talent and treasure. They are to conduct regular appeals for the funds needed to support the budget of the congregation and the Synod, analyze the giving patterns of the congregation and report the same to the Church Council, and study Synod’s stewardship suggestions and make recommendations as appropriate.

4.2.8 THE BOARD OF FELLOWSHIP, consisting of one elected member and up to three members or representatives from congregation organizations and other interested persons who serve as planner/coordinators shall seek to foster the parish inreach programs for Christian fellowship. They are to seek to provide programs which unite our families together as brothers and sisters in Christ and foster a healthy Christian community life with the parish.

4.2.9 The ENDOWMENT FUND COMMITTEE, consisting of five elected members shall administer and manage the Congregational Endowment Fund in accordance with ARTICLE 8.0 of the Bylaws.

4.2.10 The BOARD OF WOMEN’S MINISTRY (Lutheran Women In Mission, aka LWIM). This Board shall represent the women’s mission ministry in the congregation. It will elect it’s Chairman who shall represent this BOARD at the Church Council meetings.

4.2.11 All BOARDS will annually elect their own officers.

4.3 Other elected and Appointed Committees or Positions

4.3.1 A worship committee (a subcommittee of the BOARD of ELDERS), consisting of six appointed members and two elders who shall be responsible, working in concert with the Pastor, for all worship services.

4.3.2 The Finance committee, consisting of the Finance committee Chairman, (the TREASURER), and a member from each BOARD and committee, will be appointed by the CHAIRMAN three months before the May Voters Assembly. Its purpose will be to present a proposed budget to the Church Council for review and recommendation to the May Voters Assembly for adoption.

4.3.3 A Financial Secretary shall be elected by the congregation. The Financial Secretary will appoint individuals who will count the offerings, make deposits, and report contribution categories to the Financial secretary. The Financial secretary will keep an accurate record of offerings, report deposits to the TREASURER, and prepare the quarterly offering statement for distribution to the members.

4.3.4 A Director of Music, hired by the congregation, will be directly accountable to the Pastor and Board of Elders. The duties are as outlined in the job description developed for this position.

4.4 All of the above committees shall, as needed, annually elect a chairperson.

4.5 The Pastor and Lay Minister of the congregation are ex-officio (non-voting) advisory members of all BOARDS and committees.

The Voters Assembly shall meet quarterly in February, May, August and November. The election of officers and passage of the next fiscal year budget is the primary business of the May Voters Assembly. The exact day of the Voters Assemblies are to be determined and announced by the CHAIRMAN of the congregation. The scheduled date and time of the quarterly Voters Assembly will be announced in two consecutive Sunday worship services prior to the Voters Assembly. The voting membership as set forth in paragraph 4.1.3 of the Constitution shall have the right to vote at the quarterly Voters Assembly or any special Voters Assembly meeting. All communicant members are encouraged to attend Voter Assembly meetings and express opinions.

All meetings shall be conducted in Christian love according to Scripture and according to the latest edition of Robert's Rules of Order .

Amendments to the Bylaws may be proposed at a quarterly Voters Assembly provided there was ample notification. Such notification is to be at least a published announcement in the bulletin of the two preceding Sunday worship services before the voters meeting. The Bylaws may be amended by a simple majority vote of voting members present.

I. SUBJECT
A. Trinity Lutheran Church shall have a Congregational Endowment Fund (hereinafter called the "Fund"). It shall be one of the funds of this Congregation. The Fund committee shall be named the Trinity Lutheran Congregational Endowment Fund Committee (hereinafter called the "Committee").

II. PURPOSE
A. General.

The Fund’s purpose shall be to receive and administer gifts and bequests and to apply such funds and assets in accordance with the terms of these Bylaws. All funds and other assets received by and for the Fund shall be segregated from other funds and assets of Trinity Lutheran Church and shall not be used for normal operating expenses or general budgetary items of the congregation or church. The income from this Fund may be used for any of the following areas within the congregation or local area. The use of principal is allowed in category seven only. Subject to the terms of Section II.B., below, in general, the Fund shall be applied for the mission and ministry of Trinity Lutheran Church and/or The Lutheran Church -- Missouri synod, including, but not be limited to:

 

1. EDUCATION Special projects to support the local Christian education programs. (Example: VBS, Sunday School, Mid-week, Confirmation, Adult classes).

2. SCHOLARSHIPS scholarships to students going into full-time church work as Pastors, Teachers, DCE’s. Priority will be given in the following order:1) Home, 2) Circuit, 3) District, 4) Synod.

3. BUILDING AND GROUNDS IMPROVEMENT Special projects locally to improve and repair church facilities. (Example: painting, remodeling, new furnaces, landscaping).

4. LUTHERAN DAY SCHOOL AND/OR PRESCHOOL Special projects to support our congregation’s day school and/or preschool. (Example: computers, new desks, scholarships, teacher continuing education).

5. FAMILY COUNSELING Special gifts to aid families in our congregation with the cost of Christian counseling. (Example: Lutheran Family Service, marriage, drug and alcohol dependency, family).

6. YOUTH PROGRAMS Special projects to support our congregation’s youth ministry programs. (Examples: youth retreats, counselor training, youth gathering scholarships, summer camp scholarships).

7. BUILDING FUND Income and /or principal used for new building projects or property acquisition. The Church Council may recommend that the principal be used on some type of a matching basis with the members of the congregation. This may help the congregation to have a feeling of ownership of the project.

8. CHURCH MUSIC Special gifts to support the congregation’s music program. (Example: choir robes, purchase music, repair organ, special music programs).

9. EVANGELISM Special projects for programs to reach the unchurched in our community. (Example: radio, TV, newspaper, training for evangelism).

10. TECHNOLOGY Special projects of electronic or other technological opportunities as they become available. (Example: additions to sound system, audio-visual equipment, office machines, computers, etc.).

B. Specific.

1. Designated Gifts. In the event that a donor of a gift or bequest to the Fund, designated (A "Designation") in writing, special terms, conditions, limitations or directions as to the investment or application of the substance of the gift, the intent of the donor to allow the spending of principal or interest, or the use or accumulation of the income thereon, the Committee shall review said designation under the terms set forth in Section III.H., below.

 

a) In the event the Committee determines that such designation is not appropriate to the purpose, administration and use of the Fund, the Committee shall so notify the donor, in writing. If, within 30 days after such notification (the "Notification Period"), the donor does not provide the Committee, in writing, with a new Designation or a statement (a "Nondesignation Statement") that the gift or bequest is not subject to any specific Designation, such gift or bequest shall not be received or accepted into the Fund, and shall be returned promptly, to the donor. If the donor specifies a new Designation, in writing, within the Notification Period, the same procedure shall be followed with respect to the new Designation. If the donor provides a Nondesignation Statement within the Notification Period, such gift or bequest shall be accepted and received in the Fund as a Nondesignated Gift (as that term is defined in Section II.B.2., below.

b) In the event the Committee determines that such a Designation is appropriate to the purpose, administration and use of the fund, then such gift or bequest shall be accepted and received in the Fund as a Designated Gift.

c) Each Designated Gift shall be administered and applied by the Committee consistent with the terms of the Designation.

2. Nondesignated Gifts. All gifts accepted and received into the Fund that are not Designated Gifts, shall be considered Nondesignated Gifts.

3. Both the principal and income from Nondesignated Gifts are to be administered as determined by the Committee and shall be applied to the uses, projects and programs recommended by the Committee and approved by a simple majority of the Church council, provided that said uses, projects and programs shall be consistent with the general purpose for which the Fund has been established. The list of approved uses, projects and programs shall be appended to these Bylaws and shall be distributed to the members of the congregation.

4. Subject to the other terms of these Bylaws, the Committee shall make, at least annually, recommendations to the Voters Assembly for distribution of the income and/or principal of the portion of the fund attributable to Nondesignated Gifts.

 

III. THE COMMITTEE
A. Under the direction of the Church Council, the Committee shall promote and manage the Fund. Any agreement entered into for the management of the fund, or any portion thereof, shall be valid only if approved by a simple majority of the Church Council. The Committee shall meet at least four times a year at a time fixed by resolution thereof. The Committee, when it deems it unnecessary, shall by resolution cancel a meeting. Special meetings of the Committee may be called on 24 - hour notice to members of the Committee by the Chairman or any two of its members.

B. The Committee shall consist of five members. The members shall be elected at the regular election meeting of the Voters Assembly, with the election of two (2) members per year. The term of office shall be for three (3) years. Replacement of members who are unable to serve a full term shall be by appointment of the Church Council. Committee members may serve in another elected position of the congregation. The Committee shall elect from its membership a Chairman, who shall be a member of the Church Council, and a Secretary who will keep accurate minutes of the meetings and an itemized record of all gifts which provides details on all Designated gifts and their disposition. Members of the Committee shall not receive monetary compensation for their services, but shall be reimbursed for any actual or necessary out-of-pocket expenses incurred in the administration of the Fund, upon presentation and acceptance of appropriate receipts or other proof.

C. A quorum shall consist of three (3) members. The affirmative vote of a majority present and voting shall carry any motion or resolution.

D. The Committee shall establish such written rules and regulations as may be necessary for the conduct of its business and which are consistent with the terms of these Bylaws. It shall adopt standards and goals to guide in the expenditures of the income from the Fund, and which are consistent with the terms of the Bylaws.

E. The church shall maintain accounts with such financial institutions as it may by resolution authorize and determine and which are consistent with the terms of these Bylaws. The checks and other documents transferring or expending any funds or assets in the Fund shall be executed by the TREASURER of the congregation with the approval of the Church Council and the Chairman of the Committee.

F. The Committee may employ, at the expense of the Fund income, such professional counseling on investments and legal matters as it deems to be in the best interest of the Fund, and which are consistent with the terms of these Bylaws.

G. No member of the Committee shall engage in any self-dealing or transactions with the Fund in which the member of the Committee has direct or indirect financial interest and shall at all times refrain from any conduct in which his/her personal interests would conflict with the interest of the Fund.

H. The Committee shall review any Designation from a donor placing restrictions, conditions, limitations or directions as to the investment or application of the substance of a gift or bequest or on the use or accumulation of the income thereon. After said review, the Committee shall make a determination as to whether such Designation is, or is not, appropriate to the purpose, administration and use of the Fund. In the event that such determination is negative, the Committee shall reject the gift or bequest and return the same to the donor. In the event that said determination is positive, the Committee shall accept such gift or bequest subject to the terms of the Designation.

IV. FISCAL YEAR
A. For tax, accounting, distribution, or other purposes, the fiscal year of Trinity Lutheran Church shall be the fiscal year of the Fund.

B. Within two months after the close of each of the Fund’s fiscal years, and at such other times as is deemed convenient, an itemized written statement accurately reflecting the position of the Fund’s income and corpus accounts as of a date reasonably close to the date the statement is submitted, and the receipts, disbursements and changes therein since the Fund’s inception or the previous account, as the case may be shall be submitted to the Church Council.

C. An independent audit should be conducted not more than two months after the close of the fiscal year and shall be completed in no less than thirty (30) days.

 

V. DUTIES
A. The Church TREASURER, at the direction of the Committee, shall manage and invest the funds received by and into the fund, collect and deposit income therefrom, make distributions in accordance with the terms of these Bylaws, and pay expenses which are necessary and related to such administration.

B. The Committee shall, at least annually render a full and complete account of the administration of the Fund during the preceding year to the Voters Assembly.

C. Subject to the terms of Section II.B., above, gifts and contributions from any individual, firm or corporation, in money, in securities, or in any other form of property, including, by way of explanation and not in limitation, direct gifts for the purpose of the Fund, gifts in memory of any deceased person or in appreciation or recognition of any living person, gifts in the form or a devise or bequest under will or trust instrument, and gifts or proceeds or portions of proceeds or insurance, annuity, or endowment policies or contracts, may be received by the Fund at any time.

D. Means for acknowledging the receipt of each gift and contribution shall be established and maintained, including, whenever feasible, a designation of the value ascribed to each gift.

E. Separate identification and recording shall be made of all transactions with respect to any designated Gift.

F. All funds and property of the Fund shall be kept and maintained separate, distinct and independent from the funds and property otherwise belonging to the church.

G. The Committee is to inform the members of the congregation of the purpose of the fund, and may periodically arrange for members of the congregation to meet with professional counselors in the areas of charitable giving, wills, bequests, insurance, etc.

H. All new members of the Committee shall be provided with a copy of the Fund Bylaws to become acquainted with the function and purpose of the Fund.

 

VI. POWERS
A. The manager of the Fund, the Church Council, shall have the following powers and authority:

B. The property constituting the corpus of the Fund shall be invested and reinvested in any kind of property (whether real or personal, tangible or intangible, and/or accounts or certificates of banks or other lending institutions), and each investment shall be managed and protected in accordance with the principles here established. In exercising the authority granted in this section, the decisions with respect to investment shall be guided by the concept of a prudent investor whose investment purpose includes both income and capital appreciation and shall not other wise be restricted by any law, rule or custom (1) requiring safety or a corpus as a primary consideration (2) regarding investment in income producing property, or (3) requiring diversification of investments. It is further understood that any part or all of the Fund may be invested in obligations of the Lutheran Church Extension Fund -- Missouri Synod, St. Louis, Mo. (or the District’s Church Extension Fund). In amplification, but limitation, of the foregoing, authority is granted:

 

1. to acquire interests in property by purchase, lease, rental or other method, to sell, option, exchange, redeem or convert any property interests, and to rent or lease property of the Fund;

2. to exercise all rights and privileges accruing to a holder of securities, including all voting, conversion, subscription and pre-emptive rights, to deposit any securities with, delegate discretionary power to, and participate, cooperate and contract with, as a member or otherwise, any protective committee of security holders, and to effectuate any merger, consolidation, dissolution, reorganization or financial adjustment of the issuer of any securities and/or any transfer, demise, or encumbrance of any of its properties;

3. to manage and/or develop any real property owned, leased or otherwise held by the Fund; to erect, repair, remodel reconstruct, demolish or remove buildings or other improvements on it; to partition or subdivide it; to dedicate all or any part of it to semipublic use, and to grant easement or other charges with respect to it;

4. to abandon any property interest deemed worthless or of insignificant value;

5. to borrow money from any source, to encumber property of the Fund and to repay any loan due by the Fund;

6. to foreclose any mortgage, lien, or other encumbrance, and to purchase the encumbered property, whether through foreclosure or private arrangements;

7. to establish and maintain, out of income, depreciation, depletion and/or amortization reserves;

8. to maintain a portion of all of the property constituting the Fund in liquid or nearly liquid form, even though little or no income is earned thereon;

9. to use income or corpus funds (irrespective of their derivation) for any purpose of the Fund and with respect to any property of the Fund (irrespective of the income, if any, it produces) even if such funds are derived from the sale of or income from other property of the Fund or from a loan (from income or an outside source) using such other property as security.

C. Subject to the terms of Section II.3 and subject to the specific terms of Designations for Designated Gifts, without limiting the authority otherwise conferred, the additional authority is hereby granted to be exercised as is believed to be in the best interest of the Fund:

 

1. to accept and receipt for an inter vivos, testamentary or other transfer of property to the Fund;

2. to hold property, and to negotiate and execute documents on behalf of the Fund, in the name of the fund or in the name of a nominee(s) without disclosing any fiduciary relationship to anyone;

3. to allocate between income and corpus in equitable proportions, any money or other property received, and any loss or expenditure incurred;

4. to vote, or refrain from voting, securities having voting privileges, and to give any type of proxy to vote the same;

5. to make division and distribution of property held in the Fund either in kind or in cash, or partly in kind and partly in cash and for such purpose to set values upon any property of the Fund;

6. to protect the Fund and its property by insurance against damage, loss or liability;

7. to establish checking accounts in which may be deposited income and/or corpus cash; and

8. to employ, at the expense of the Fund, attorneys, investment counsel, brokers, custodians of assets and other agents and employees.

VII. DURATION
A. The Fund shall continue in existence and be used as hereinabove provided, unless earlier revoked, so long as Trinity Lutheran Church shall continue to exist. In the event that the Fund is dissolved, or in the event that Trinity Lutheran Church is closed, disbanded, dissolved or otherwise terminated, the remaining assets shall be distributed to the Lutheran Church -- Missouri Synod Foundation (except that any and all properties held by the Fund upon special condition, restrictions or limitation shall continue to be subject to the conditions, restrictions or limitations upon which such properties are held).

VIII. AMENDMENTS
A. Any amendment to this Bylaw which will change, alter or amend the general purpose for which the Fund is established shall be adopted only if approved by a two-thirds (2/3) majority vote of the voting members present at a duly called and constituted meeting of the Voters Assembly.