A congregation’s constitution is its primary governing document. It provides a framework for its purpose and mission and includes provisions that address important matters such as Council and Committee leadership, membership criteria, the call of a pastor and/or deacon, administration of real estate and property, and the congregation’s relationship with the synod and the larger church.
At the ELCA Churchwide Assembly this summer, amendments to the “ELCA Model Constitution for Congregations” were made. Any constitutions that are currently being reviewed for approval by the synod, as well as all constitutions submitted for review and approval in the future, must now conform to the required provisions (marked with an *) in the new “2022 ELCA Model Constitution for Congregations.”
The link to the model as well as other helpful resources from the synod is on our administrative resources page.
SOME congregations have asked what the consequences are for a congregation whose constitution does not conform to the required provisions in the ELCA Model Constitution.
That question was asked of the ELCA’s general counsel, who advises:
“9.22 of the ELCA Constitution provides that all congregations are bound by certain provisions of the ELCA Constitution, including Chapter 9 (which includes disaffiliation in 9.62), 7.46 & 7.75 (processes for terminating congregational calls), and 20.41 (discipline of members of congregations). Some version of 9.22 (originally numbered 8.22) has been part of the ELCA Constitution since its inception. Because all congregations are bound by these provisions, these provisions take precedence over any contrary provisions in congregational constitutions. Thus, when dealing with terminating a congregational call, disaffiliation, member discipline, and other issues covered by these provisions, the synod bishop is required to follow the ELCA constitution, not non-conforming provisions in the congregation’s constitution.
Given this, having provisions in congregational constitutions that do not conform to the required provisions in the Model (which track the parallel provisions in the ELCA constitution) is a recipe for confusion and conflict. For example, if a congregation has a non-conforming or out-of-date [Section] C6.05 (relating to disaffiliation) or [Section] C15.01 (relating to member discipline), those provisions will not be followed when it comes time for disaffiliation or member discipline . . . Similarly, non-conforming provisions can create a basis for litigation as different factions argue over which provisions will control.”
SO, for both the good order of the church and to prevent unnecessary confusion or disputes, we strongly recommend revising or updating congregational constitutions as needed to bring them into conformity with the required provisions in the Model Constitution.
If you have questions regarding the process, please contact Jessie Goeke at exec.asst@mpls-synod.org or 612-230-3317.