7 minute read
Permanent Marker or Washable Ink
By Dr. Franklin R. Dumond, Director of Congregational Ministries
Church 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).
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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 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.
6 COMMON SHORTCOMINGS OF CHURCH BYLAWS. 1. By-laws are too complex and become both unwieldy and sometimes even contradictory.
Sometimes complexity comes from the accumulation of changes over time. An issues arises. The by-laws are amended but elements are never removed. Complex, unwieldy by-laws allow power brokers to master the details and manipulate them to their own advantage rather than allowing them to be used for the overall advantage of the congregation. For example, in one church setting the by-laws named a long list of auxiliaries that were granted the right to elect members to the church council. One such auxiliary dwindled to only three members yet the chair of the group continued to appoint herself as the voting representative to the church council. Had the by-laws specified that auxiliaries should communicate with, rather than represent on, the church council, church governance in that setting would have been much less divisive. 2. By-laws are reactionary.
A problem arises so a by-law is written and approved to address the problem. For example, in one set of by-laws the pastor was prevented from taking vacation or being absent on Palm Sunday or Easter.
When problems are reacted to in the by-laws over time the by-laws become complex, unwieldly and even contradictory. 3. By-laws are dated.
In the church council illustration referenced earlier the by-laws were constructed to reflect the program ministries in place at that time. The assumption was that these programs would always be in place. Yet anyone with ministry experience learns that program ministries change over time.
The rise of the Me-Too Movement, new definitions of sexual harassment, zoning and building codes, security and safety concerns are all arenas of concern that were not present a few years ago and may require adjustments in by-laws. 4. By-laws are stop signs rather than guidelines.
The legal world and its influence on the church shows up here. Parliamentary process introduces an adversarial system that describes what cannot happen or that establishes pre-conditions before something can happen. Sometimes by-laws use more space to prevent rather than to guide activity. 5. By-laws haves no process for regular review.
By-laws should be reviewed every three to five years. The lack of regular review may result in overly complex, reactionary and dated by-laws. 6. By-laws contain reversion clauses that are general and vague.
These clauses are generally required by states for incorporation and by the Internal Revenue Service to insure that should the church be dissolved its assets will be properly conveyed. When these clauses are general and vague they meet only the minimal legal requirements but do not safeguard the ministries and objectives of the congregation.
More than once the assets of General Baptist churches that closed have been used to pay manufactured salaries of church employees who claimed back-pay or have been given to non-General Baptist causes because the reversion clauses were absent or incomplete.
For our churches General Baptist Congregational Ministries has produced a resource packet to provide models and templates for local church organization. For additional information or to secure a digital copy of The Organizational Planning Packet contact cmofc@generalbaptist.com
We hear time and again from pastors about their need to feel connected to other folks in ministry. The vast majority of General Baptist pastors work in a solo ministry where they are the sum total of ministerial staff in their congregations. Also the majority of General Baptist pastors serve as bi-vocational pastors who must balance work and career with home and church.
For more than a generation now General Baptist Ministries has helped meet these needs for connection through the General Baptist Minister’s Conference. This year’s conference will once again meet at Kentucky Dam Village State Park near Paducah, Kentucky on May 26-28, 2020.
The General Baptist Minister’s Conference provides healthy networking among, and mutual support for, those pastors and staff ministers who are in the trenches. Unfortunately, many General Baptist pastors never take advantage of this conference designed to meet their
personal needs. Thus they unnecessarily face isolation, burn-out and discouragement rather than taking time to refresh and refocus to gain 2020 Vision.
Following through on a strategy designed by younger participants the conference will convene at Kentucky Dam Village State Park near Gilbertsville, Kentucky. Many bi-vocational pastors will find this location and the schedule will minimize time away from the job. The conference center is within a 2-hour drive of a large number of our churches. With a start time late in the day on Tuesday and an easy commute back following the Thursday evening session, time away from work and home is minimized.
The conference will begin on Tuesday evening, May 26 with a picnic reception at the lakeside pavilion. The sessions on Wednesday and Thursday will feature presentations from several of our own General Baptist pastors who will help us gain 2020 Vision.
JONAH CARPENTER Pastor, Norris City, IL & Student at OCU
DAVID MITCHELL Pastor, Strong Towers Church Westmoreland, TN
DR. RON DEMPSEY President, Oakland City University
TYLER FELLER Pastor, McLeansboro, IL
STEWART ALLEN CLARK Pastor, Malden, MO 2021 G.A. Moderator
Wednesday and Thursday afternoons are unscheduled to allow recreation, personal time or networking. See www.GBMinCon.org or www.generalbaptist.com for additional information and on-line registration. Registration may be done on-line, by mail, or by phone. Of course if you have questions, please call General Baptist Ministries at 573-785-7746 or e-mail cmofc@generalbaptist.com By organizing this event and by working through the Barnabas project to establish personal connections we are taking intentional steps from the denomination to meet the needs of pastors.
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