Below is a copy of the proposed revision to the Church Bylaws. It includes comments by the Ad Hoc Bylaws committee regarding the changes. The comments have been inserted into the proposed new bylaws and are shown in italics (orange type). Any questions or comments regarding this document should be addressed to George Dewey, Colette McDonough, or Rev. Jan. Article I. Name and Corporation Identification The name of this organization shall be “First Presbyterian Church (U.S.A.) of Elgin” located in Elgin, Illinois, as specified by its affidavit recorded in Document No. xxxxxxx Book xxxxx Page xxxxx at the Recorder’s Office, Kane County, Illinois; hereinafter referred to as the “Church.” The Church Corporation shall receive, hold, manage and transfer property, and facilitate the management of its corporation; mission and spiritual affairs in such a manner as may be directed by its members from time to time, in conformity with the constitution of The Presbyterian Church (U.S.A). The Constitution of the Presbyterian Church (U.S.A.) consists of The Book of Confessions and the Book of Order. Makes minor changes to the church name and defines the Constitution of the Presbyterian Church (U.S.A.).
Article II. Object, Allegiance and Powers The Church is organized and incorporated for the purpose of conducting the usual ecclesiastical and secular affairs of a local church in accordance with and in obedience to the Book of Order of the Presbyterian Church (U.S.A.). The secular power of the Church, to be exercised by its corporate name, shall be all the powers of a corporation under the statutes entitled, “Religious Corporations of the State of Illinois,” including the right to acquire (by purchase, gifts, bequests or devise) real and personal property subject to approval, where necessary, by Blackhawk Presbytery. (G-8.0000). Minor change to the name of the church and adds reference to Book Of Order. Article III. Meetings of the Congregation Section 1. Meeting Overview All Meetings of the Congregation will be conducted in accordance with the Book of Order (G-7.0300) and Roberts Rules of Order except where the Book of Order provides otherwise. Public notice of all meetings shall be given on two successive Sundays. The meeting may be convened following the notice given on the second Sunday. (See G-14.0502 for notice of meetings to consider calling a pastor.) This section was added as an overview of all Congregational Meetings. The section contains references to Book of Order and states that meetings will be conducted following Roberts Rules of Order. Section 2. Stated Meetings There shall be two (2) stated meetings of the Congregation each calendar year. These meetings shall be held in the building of the Church. Normally, one meeting will be held in the month of January and a second meeting shall be held in the month of June. The Congregation shall be competent, without special provision in the notice, to transact any business of the church, whether corporate or ecclesiastical, properly coming before it. The January meeting will normally include the presentation of the annual budget, the approval of the pastor terms of call, and the reception of the annual report. The June meeting will normally include the election of church officers. Information in this section was originally part of section 1. The Committee added additional information to this section such as what normally occurs at each of the 2 stated congregational meetings. Section 3. Special Meetings Special meetings of the Congregation may be called by the Session at any time the Session determines such a meeting is necessary. It shall always be the duty of the Session to convene a special meeting of the Congregation when petitioned in writing to do so by one-fourth (1/4) or more of the members on the active roll of the Church, or upon request by the Presbytery. No business shall be transacted at a special meeting except the business described in the notice calling the meeting. “Public notice of the meeting shall be ……” This phrase was deleted from this section as it is included in section 1. Section 4. Quorum A quorum of twenty-five (25) or one-tenth (1/10) of the members on the active roll, whichever is greater, shall be required for the transaction of business at all meetings of the Congregation, except that a lesser number of members may adjourn the meeting to a time certain. Deleted the redundant phrase “stated meeting or special meeting”. Section 5. Adjourned Meetings A stated or special meeting of the Congregation may be adjourned, as the circumstances may require, and without further notice, to a time certain, and from time to time. No Change Section 6. Moderator and Clerk of Session Deleted Vice Moderator. The Book of Order does not make provisions for a Vice Moderator. (a) The Pastor shall be the Moderator of all meetings of the Congregation. No change (b) The Pastor shall absent himself or herself from meetings, or portions of meetings, during which the Pastoral relationship is being considered. On such occasions and also when the Pastor is absent due to sickness or any other cause, the moderator shall be a minister of the Blackhawk Presbytery invited to act as such by the Pastor, with the concurrence of the Session. In cases where the Pastor(s) may absent him/her/themselves from the meeting for a brief time for special consideration, the Session with the approval of the Pastor(s) may elect another of its own members to preside. Specifies that a substitute pastor must come from Blackhawk Presbytery. Wording changed to allow for co-pastors. (c) When the Congregation is reviewing the Pastor’s compensation in accordance with the Book of Order (G-7.0302) the Pastor(s) shall be excused from the meeting and the Session shall elect one of its own members to preside for this purpose only. Reference to Book of Order changed. Wording changed to allow for co-pastors. (d) When the pulpit is vacant, the Moderator of Congregational meetings, or portions of meetings, shall be the minister appointed for that purpose by the Blackhawk Presbytery. Removed provision for member of Session to act as Moderator when the pulpit is vacant. (e) The Clerk of Session shall be the Secretary of all meetings of the Congregation for the purpose, except that in case of his or her absence, an acting Secretary shall be elected by the Congregation. Removed term “ex officio”. Section 7 Qualifications for Voting Sub sections (a) and (b) differentiate who may vote on ecclesiastical affairs of the church and who may vote on corporate matters of the church. Sub section (c) is new to comply with the Book of Order. (a) All members who are on the active role and are present at the meeting shall be entitled to vote on all ecclesiastical affairs of the Church. (b) Only members who are on the active role, who are of the age of majority for the State of Illinois, and are present at the meeting shall be entitled to vote corporate affairs of the Church. (c) Neither proxies nor absentee ballots shall be recognized at any congregational meeting. Section 8. Definition Definitions and terms used in these bylaws are consistent with the Book of Order. Truncated “Book of Order, Presbyterian Church in the United States of America” to “Book of Order” for consistency. Section 9. Prayer All meetings of the Congregation shall be opened and closed with prayer. No Change Article IV. Form of Government A. THE SESSION Section 1. Composition of the Session This section was divided into 2 sections. “Section 1 Composition of the Session” and Section 2 General Powers…..” The Pastor and ruling Elders elected by the Congregation shall constitute the Session of the Church. Ruling Elders shall be on the active roll of the church and shall be ordained in accordance with the Book of Order (Reference G-14.0101). There shall be not more than twelve (12) ruling Elders who are elected to a three (3) year term of office. In addition an individual who is under 25 years of age and is a full time student may be elected to the office of ruling Elder for a one (1) year term. Definition of who may be a Ruling Elder was added. Number of session was changed from 15 to 12. Adds provision for a full time student under 25 to hold a 1 year term as a member of Session. This provision does not preclude a person under 25 from holding a full 3 year term on Session. Section 2. General Powers and Responsibilities of Ruling Elders (a) The powers and duties of the Session shall be those enumerated in the Scriptures, and in the Book of Order (Reference G-10.0102). The Session shall have general supervision, management and governance over all affairs of the Church, both ecclesiastical and corporate subject only to the powers retained by the Congregation, except as herein otherwise provided. This subsection is unchanged from what was formerly in Section 1. (b) Ruling Elders are expected to attend all Session meetings unless excused in advance by the Moderator. Added to clarify the expectations of what is required of an Elder. (c) For the continuity of the work of the Session it is desirable that standing committees of the Church have the leadership of a Ruling Elder. It is expected that a ruling elder shall serve on at least 1 standing committee. Added to clarify the expectations of what is required of an Elder. (d) The Session shall have the powers and duties prescribed by the laws of the State of Illinois for trustees (or directors) of a religious corporation of the State of Illinois. Added to clarify the relationship between Session and the laws of the State of Illinois. (e) Newly elected elders will be prepared and trained in accordance with the Book of Order G-14.0205 prior to their installation. Added to help ensure newly elected elders receive proper training.
(a) The officers of the Session shall be the Moderator, and the Clerk of Session and such other officers as the Session may from time to time appoint or elect. (G-9.0201) Deleted Vice Moderator and added reference to Book of Order. (b) The Pastor shall be the Moderator, except in the cases otherwise provided by the Book of Order (G-10.0103) No change (c) The Clerk of Session shall be elected annually by the Session from among its own members. The Clerk of Session shall have all the powers and duties of the secretary of a religious corporation of the State of Illinois. Deleted reference to Vice moderator. Added definition of powers and duties of the Clerk of Session
(a) The Session shall meet by the end of September pursuant to notice each year for the purpose of seating newly elected members and for purposes of organization. A schedule of monthly stated meetings as such times and places as may be agreed upon shall be adopted and such other rules and regulations shall be prescribed as necessary to comply with the Book of Order. Changed date of first Session meeting to “by the end of September” to allow more flexibility. (b) Special Meetings of the Session may be called by the Moderator or upon the request in writing of any two (2) members of the Session and shall be convened pursuant to notice. No change (c) A Quorum of the Session shall be the Moderator and one third (1/3) of the current ruling elders except for the reception and dismission of members, when the quorum shall be the Moderator and two members of the Session. Added phrase regarding quorum for the reception and dismission of members. (d) The Session shall function as a committee as a whole, however, standing or ad hoc committees may be established and members of the Session appointed thereto, as well as members of the Congregation, as may be necessary to carry on the business, program, and oversight of the Church. No change (e) Each year at its first organizational meeting, the Session shall elect a Church Treasurer, who shall have immediate charge of all funds, including collections, deposits, and disbursements, except that the Session may delegate some clerical functions to a financial secretary (See Article VI, Section 4). The Financial Secretary may be a member of the Congregation or an employee serving on the Church staff. The Church Treasurer shall submit the Church financial records for an annual review by a public accountant or a committee of members versed in accounting procedures. (Ref G-10.0400) Added language to create a new position of Financial Secretary. This function is currently being performed by the current Office Manager. At this time no change in job functions is anticipated. As the church grows the function of Financial Secretary could be transferred to another individual. Wording regarding the annual audit was changed to more closely conform to the Book of Order. B. THE BOARD OF DEACONS Title changed from “Diaconate” to “Board of Deacons” Section 1. Supervision and Duties Section 1 was broken into 3 subsections to make this section more readable and 4th subsection was added. (a) The form of government of the Church shall include a Board of Deacons (henceforth referred to as the Deacons) separate from, but under the supervision of, the Session. No change (b) The duties of the Deacons shall be those enjoined upon such offices by the Scriptures and such additional duties as may be assigned by the Session. Generally, the Deacons shall be charged with the care of the sick, the poor and indigent, and it shall, with wise tact and Christian sympathy, give personal ministrations to those in need. No change (c) The Deacons may, with concurrence of the Session, maintain and administer funds for the accomplishment of its duties. These funds shall be kept separate from all other general or benevolent funds of the Church. No change (d) The Deacons shall meet at least quarterly. The Deacons shall hold at least one joint meeting annually with the Session. Wording requiring the Deacons to meet with the Session added. It was formally in Section 5. Section 5 was deleted. (e) Newly elected Deacons will be prepared and trained in accordance with the Book of Order G-14.0205 prior to their installation. Added to help ensure proper training of the Deacons. Section 2. Composition The Deacons shall consist of a minimum of twelve (12) active members of the congregation who shall serve a three (3) year term and shall be ordained in accordance with the Book of Order (Reference G-14.0101). In addition an active member of the congregation who is under 25 years of age and a full time student may serve a one (1) year term as a Deacon. Minimum number on the Board of Deacons changed from 15 to 12. Provisions added for an individual who is under 25 and a full time student to hold a 1 year term Section 3. Officers The Deacons shall organize as a board, of which the pastor(s) shall be an advisory member(s). The Deacons shall elect its own Moderator, Vice Moderator, Secretary, Treasurer and such other officers or committees as it may from time to time deem necessary. The Secretary shall keep a record of the Board proceedings and shall submit it to the Session at least annually and at other times upon the request of the Session. The Treasurer shall submit an annual financial statement to the Session. Added wording to require the Board of Deacons Treasurer to submit an annual financial statement. Section 4. Representation The Deacons may elect or appoint representatives to standing committees of the Session. It shall also be encouraged to send a representative to each Session meeting. Note Section 5 of old bylaws dealt with Joint meeting with the Session. This information was moved to Section 1(d). Section 5 was deleted. Article V. Nominations, Elections and Vacancies Section 1. Terms of Service (a) With the exception of an individual under 25 who is a full time student the term of service for an elder or deacon will be three (3) years. One-third (1/3) of each board will be elected each year. An elder or deacon may be re-elected to a second term or to complete an unexpired term of another person, provided the continuous time served does not exceed six years. Upon the expiration of two full terms of service or six years of service, any elder or deacon shall be ineligible for re-election to the same office until one year shall have elapsed. No elder or deacon shall serve more than six (6) consecutive years on the same board. The entire section was re-written for readability. With the exception of the clause on the full time student there was no intent to make any changes in content. (b) Members of the Session and Deacons who have filled a partial term in office or have been elected to fill a vacancy shall be eligible to run for a concurrent full term of service following that partial term. No changes Section 2. Nominations There shall be a Nominating Committee which shall make nominations for the Board of Deacons and the Session. This Committee shall consist of: · Two (2) active elders designated by the Session. One of these elders shall serve as moderator of this committee; · One (1) deacon designated by Board of Deacons; and · Four (4) members of the Congregation who are not presently serving on a board. Members of the Nominating Committee from the Congregation shall be elected at the annual meeting held each June. This paragraph was broken into bullet statements. The members of the congregation was set at 4 to ensure a majority of the members on the committee were from the congregation at large An individual shall not serve more than three (3) consecutive years on the Nominating Committee. The pastor(s) shall be member(s) but without vote. Wording added to conform with the Book of Order It shall be the duty of the Nominating Committee to:
· To concern itself with those most capable of leadership and experience in the Church, · To confer with the Session concerning all nominations, and · To present to the Stated Meeting of the Congregation the names of nominees for each of the offices to be filled. Changed to a bullet format. No change in content. Nominations may be made from the floor of the Stated Meeting by any congregational member present. An individual nominated from the floor must be present at the meeting to acknowledge his/her consent and understanding of the duties and responsibilities of the office. If the individual nominated is not present at the meeting the person making the nomination must present evidence that the individual being nominated consents to the nomination and understands the duties and responsibilities of the office. Clarified how nominations are to be made from floor. Section 3. Elections A simple majority of the votes cast shall be necessary to elect. All elections in which the nominations are equal to or less than the number of offices to be filled may be by voice vote. All elections in which there are more nominations than the number of offices to be filled shall be by written ballot. Added wording as to when a voice vote may be used and when a written ballot may be used. Section 4. Vacancies Any vacancy occurring in the Session or the Deacons may be filled, for the unexpired term, by special election at a special meeting of the Congregation called for that purpose. In such cases, the nomination will be made by the Nominating Committee. If the vacancy occurs within 90 days of a stated meeting the special election may be deferred to this Stated Meeting. Adds provision for deferring the filling of a vacancy if within 90 days of a Stated Meeting. Article VI. Finances Section 1. Fiscal Year The fiscal year shall be the calendar year. No change Section 2. Budget All fiscal affairs of the Church excluding special trust funds, Deacons funds, and other approved entities shall be governed by a budget adopted by the Session. Copies of the budget shall be distributed to members of the Congregation prior to the annual stated meeting of the Congregation. Adds the Deacon’s funds to those funds not required to be in the annual budget. Section 3 Financial Reports The Interpretation and Stewardship Committee (I&S) shall provide monthly financial reports to the Session. All other entities who maintain funds shall provide an accounting for the Annual Report. New section added stating when financial reports must be submitted. Section 4. Financial Secretary The Financial Secretary shall be responsible for keeping the church financial records and provide input to the I&S committee for the monthly reports to Session and the annual financial report. The Treasurer shall have oversight responsibility of the Financial Secretary. New section added defining broad duties of the newly created position of Financial Secretary. Article VII. Amendments Except such as are required by the Book of Order these bylaws may be amended, altered, revised, or repealed by a two-third (2/3) vote of the qualified voters present at any duly convened meeting of the Congregation, stated or special. The notice of the meeting shall briefly describe the purpose of the amendment. No change Article VIII. Repeal of Former Bylaws Effective with the adoption of these revised Bylaws, all former Bylaws are repealed. No change. Dated at Elgin, Illinois this _______________________ day of _________________________ in the year of our Lord _____________________. |