By Dr. Franklin R. Dumond, Director of Congregational Ministries
C
hurch by-laws are one of the least glamorous elements of church life. They introduce most church leaders to a world of legal detail and collective oversight that seems inconsistent with worship, service and ministry. Yet in the 21st century this less glamorous element is of primary significance. They are often like those parts of the body that are weaker but indispensable (see I Corinthians 12). Many church leaders have noted common weaknesses in church by-laws and have offered corrections. The content included here attempts to identify, from the author’s perspective, several of these common weaknesses. The advice included here should not be used as a substitute for sound legal advice, although it is drawn from several years of ministry experience as well as dozens of church consultations. Church by-laws are only one of several levels of organizing documents. As such they should be viewed within their legal context to help define their expected content. At the apex of the organizing documents for a local church are the articles of incorporation. These articles, filed with the Secretary of State in the state where the church is located, bring the congregation into legal existence. Through incorporation the church becomes a legal entity with a declared purpose, identified agents or trustees and a formal legal contact through its registered agent. All subsequent documents and actions of the congregation should conform to the language of the articles of incorporation. These articles generally are not changed although periodic reporting required by the state does
26 | General Baptist Messenger Spring 2020
update officers and agents of the corporation. (To receive a copy of “Why Churches Should Incorporate” contact cmofc@generalbaptist.com .) Next comes the constitution. This establishes a local organization with officers, doctrinal stance, affiliation, membership provisions and other elements. Constitutions generally change only with agreement by a super-majority and prior notice. At a third level bylaws provide guidelines for operation. A budget process, membership on the church board or church council, provisions for the call or dismissal of the pastor, conflict resolution among members, nature and times for business meetings and other elements will comprise the bulk of these by-laws. Generally a simple majority may change by-laws when prior notice is given. Policy and Procedures provide a fourth level of organizing documents. These include such items as building use, work schedules for employees, employment practices, job descriptions for volunteer leaders and other elements like reporting procedures that guide day-to-day operations of the church. Many churches do not have a policy manual yet much of the same content can be developed by establishing job descriptions and time expectations when folks are nominated or recruited to serve and by identifying in the business meeting minutes those preferences agreed to by the congregation. Policies and procedures typically may be adjusted rather easily by the church staff, the church board or leaders of the program ministries of the church.
