MODEL BYLAWS APPROPRIATE FOR CHURCHES OF
BETWEEN 100 AND 400 MEMBERS
Instructions for Using the Model
Article I Name
The
name of this church shall be [_____________________] Metropolitan Community
Church, also known as [______________________] MCC.
Article II Affiliation
This church is a
member congregation of the Universal Fellowship of Metropolitan Community
Churches (UFMCC); ascribes to the government, doctrine, vision, mission, and
values of UMCC; and agrees to abide by the UFMCC Bylaws and decisions made by
General Conference.
A. Successor Corporation - The Universal
Fellowship of Metropolitan Community Churches is the not-for-profit
organization designated to receive the churchs property in the event of
dissolution or abandonment of the church or disaffiliation from the UFMCC, in
accordance with UFMCC Bylaws.
B. Disaffiliation A decision to disaffiliate
from the UFMCC shall require a two-thirds (2/3) vote of the Members present at
a Congregational Meeting called for the purpose of disaffiliating and shall be
decided in accordance with UFMCC Bylaws.
Article III Purpose
The purpose of
this church is Christian fellowship, worship, witness, and service, borne in the
cooperation, program development, and implementation of UFMCC and local church
Bylaws, Standard Operating Procedures, and Policies.
Article IV Members and
Friends
A. Criteria for Membership Any baptized Christian who has completed a
membership class may become a Member by participating in the Rite of
Membership. A Member in good standing
is a Member who registers his/her attendance, provides identifiable
financial support, makes a definite service contribution, and demonstrates
interest and loyalty.
[OPTION
1 MEMBERSHIP LIST]
[OPTION
2 MEMBERSHIP LIST]
a.
A Member who does not have registered attendance, identified financial
support, definite service contribution, and demonstrated interest and loyalty
within the preceding period of six (6) months to one (1) year may be removed
from the list of Members in good standing and placed on a list of inactive
Members.
b.
The Board of Directors shall notify this Member in writing that the
Member has been placed on a list of inactive Members and is not eligible to
vote at any business meeting of the church.
c.
If the inactive Member has not attended, provided identifiable financial
support, and demonstrated further interest or loyalty for a period of two (2)
months immediately following notification, the Board of Directors shall have
the authority, at its discretion, to drop any such Member from the local church
membership roll.
d.
The inactive Member may be restored to the list of Members in good
standing by a vote of the Board of Directors without a public reception into
membership.
e.
The inactive Member who is not restored during the period of two (2)
months immediately following notification shall be considered a former
Member.
f.
A former Member may be restored to the list of Members in good standing
after completing a membership class and participating in the Rite of Membership.
[OPTION
1 RIGHT TO APPEAL]
a.
Appeal
process. The request for an appeal
shall be submitted to the Clerk of the Board of Directors within thirty (30)
days following the date when the inactive Member was dropped from the local
church membership roll.
b.
The
Board of Directors may consider the appeal and reverse its earlier decision
without taking the matter to the Congregational Meeting.
c.
Should
the Board of Directors sustain its earlier decision and the inactive Member
wish the appeal to continue, the request shall be included as an agenda item
for the next regular Congregational Meeting or a Special Congregational Meeting
called for the purpose of considering the appeal.
[OPTION 2 RIGHT TO APPEAL]
3. Right to Appeal. A decision by the Board of Directors to drop an inactive Member
from the local church membership roll is not subject to appeal.
B. Friends of the Church A person who, for
one reason or another, feels unable to become a Member but who supports the
goals of the church and wants to be a part of the work of the church may be
designated as a Friend of the Church.
[OPTION 1
LIST OF FRIENDS OF THE CHURCH]
[OPTION 2
LIST OF FRIENDS OF THE CHURCH]
1. List
of Friends of the Church The list of Friends of the Church shall be
maintained by church staff.
[OPTION 3
LIST OF FRIENDS OF THE CHURCH]
1.
The
church shall not maintain a list of Friends of the Church.
C. Discipline of Members and Friends The
church cannot condone disloyalty or unbecoming conduct on the part of any
Member or Friend. The Board of
Directors is empowered to remove by majority vote any Member or Friend or take
other appropriate disciplinary action.
a.
Appeal Process - The
request for an appeal shall be submitted to the Clerk of the Board of Directors
within thirty (30) days following the date when the inactive Member was dropped
from the local church membership roll.
b.
The Board
of Directors may consider the appeal and reverse its earlier decision without
taking the matter to the Congregational Meeting.
c.
Should the
Board of Directors sustain its earlier decision and the inactive Member wishes
the appeal to continue, the request shall be included as an agenda item for the
next regular Congregational Meeting or a Special Congregational Meeting called
for the purpose of considering the appeal.
Article V Congregational
Meetings
Government
of the church is vested in its Congregational Meeting, which exerts the right
to control of its affairs, subject to the provisions of the UFMCC Articles of
Incorporation, Bylaws, or documents of legal organization, and the General
Conference.
A. Time and Place An annual Congregational
Meeting shall be held each year in the month of [____________]. The time and place of the annual
Congregational Meeting shall be determined by the Board of Directors.
B. Notification The Board of Directors
shall notify Members in writing at least [two (2) weeks or one (1)
month] in advance.
C. Voting Rights Each Member in good standing
has the right to vote. Proxy or any
other form of absentee voting shall not be allowed.
D. Votes Required for Approval Decisions,
including elections, requires approval by a vote of more than fifty percent
(50%) of those Members present and voting, unless otherwise required by UFMCC
Bylaws or otherwise stated in these local church Bylaws
E. Quorum In order to transact business,
no less than [fifteen percent (15%) or twenty percent (20%)] of
the Members in good standing must be present.
F. Agenda The agenda for Congregational
Meetings shall be determined by the Board of Directors.
1. Content The agenda shall include, but not be limited to,
election of members to the Board, election of Lay Delegates in the appropriate
year, presentation of financial report, approval of budget, and receiving
reports from the Board of Directors and the Pastor.
2.
Additions to Agenda Members may request the Board to of Directors to
add agenda items by submitting additional agenda items to the Clerk no later
than one (1) week prior to the meeting.
G. Elections All votes for positions shall be
taken by secret ballot. Votes of
affirmation from the floor are not permitted.
H. Special Congregational Meetings In
addition to the annual Congregational Meeting, special Congregational Meetings
may also be held. Special
Congregational Meetings are governed by the same rules as those pertaining to
the Annual Congregational Meeting.
Article VI Local Church
Administrative Body
A. Name The local church administrative body
shall be the Board of Directors, which is authorized to provide
administrative leadership for [______________] MCC, subject to approval of the
Congregational Meeting.
[OPTION
1 RESPONSIBILITIES]
B. Responsibilities The Board of Directors
shall be responsible for providing the church with a set of Bylaws, which are subject
to approval by Congregational Meeting and the Elder serving the Region and for
submitting the approved Bylaws to the Elder serving the Region. The Board of Directors shall also have
charge of all matters pertaining to the documents of legal organization and
[incorporation or registration], church property, risk management, and physical
and financial affairs of the church.
The Board of Directors shall also be responsible for collecting and
disbursing funds, keeping adequate church records, and making timely reports to
the Congregation and UFMCC.
[OPTION
2 RESPONSIBLITIES If this option is selected, then the model Article for
the Board of Trustees (optional Article VII) must be used]
B. Responsibilities The Board of Directors
shall be responsible for providing the church with a set of Bylaws, which are
subject to approval by Congregational Meeting and the Elder serving the Region
and for submitting the approved Bylaws to the Elder serving the Region. The Board of Directors shall also have
charge of all matters pertaining to the documents of legal organization and
[incorporation or registration], risk management, and physical and financial
affairs of the church. The Board of
Directors shall also be responsible for collecting and disbursing funds,
keeping adequate church records, and making timely reports to the Congregation
and UFMCC. The Board of Directors shall appoint a separate Board of Trustees to
be responsible for all matters pertaining to the acquisition, maintenance, [usage,]
and disposal of church property, subject to approval of the Congregational
Meeting.
[OPTION
1 QUALIFICATIONS]
C. Qualifications Members of the Board of
Directors must be Members in good standing of [________________] MCC.
[OPTION
2 QUALIFICATIONS]
C. Qualifications Members of the Board of
Directors must be Members in good standing of [________________] MCC for at
least six (6) months and have experience in the areas of financial planning,
administration, and policy development.
D. Composition There shall be nine (9)
members, including the Pastor who shall serve as Moderator.
E. Term of Office The term of office for
members of the Board of Directors, except the Pastor, shall be two-year
staggered terms, with half being elected at each annual Congregational Meeting.
F. Meetings The Board of Directors shall meet
at least once a month no fewer than ten (10) times a year. Except for executive sessions, meetings
shall be open to the congregation and to the public to attend as Observers
without voice or vote.
[OPTION
1 QUORUM]
G. Quorum No less than a majority of the
members of the Board of Directors, including the Moderator, must be present in
order to transact business. If the
Moderator is unable to attend, a meeting of the Board of Directors may be
conducted with the consent of the Moderator; in such instance, no less than a
majority of the members of the Board of Directors must be present. If the Moderator is incapacitated or
otherwise unable to consider granting consent, no less than a majority of the
members of the Board of Directors, including the Vice-Moderator, must be
present.
[OPTION
2 QUORUM]
G. Quorum No less than a majority of the
members of the Board of Directors must be present in order to transact
business.
H. Official Officers The official officers
of the church are Moderator, Vice-Moderator, Clerk, and Treasurer.
[OPTION 1 - ELECTION OF OFFICERS]
[OPTION 2 ELECTION OF OFFICERS]
1
Election of Officers During the first meeting following elections
to the Board, the Board of Directors shall elect from among its members persons
to fill the positions of Vice-Moderator, Clerk, and Treasurer. The term of office for officers, except for
Moderator, shall be two (2) years.
a. Moderator The Pastor shall serve as Moderator
of the Board of Directors.
b. Vice-Moderator The
Vice-Moderator shall serve as Moderator of the Board in the absence or upon the
request of the Pastor.
c. Clerk The Clerk shall be
responsible for ensuring the maintenance of official correspondence and church
records, and for ensuring that accurate records are kept of all meetings of the
Board of Directors and of the Congregation.
The Clerk is the officer authorized to receive petitions submitted to
the Board of Directors.
d. Treasurer The Treasurer
shall be responsible for ensuring the preparation and maintenance of all
financial records. This shall include a
monthly financial report to the Board and an annual financial report to the
Congregation. The monthly and annual
financial reports shall reflect receipts, disbursements, and outstanding
financial obligations.
I. Vacancies In the event of a vacancy on
the Board of Directors, the Board may appoint a qualified Member to fill the
vacancy until the next Congregational Meeting, when an election shall be held
to fill the unexpired term.
J. Discipline The church cannot condone
disloyalty, unbecoming conduct, or dereliction of duty on the part of any
member of the Board of Directors.
Therefore, the Board of Directors may remove by a majority vote of the
full Board of Directors any of its members guilty of the above, with the
exception of the Pastor who must be disciplined in accordance with the UFMCC
Bylaws. A petition submitted to the
Clerk and signed by [twenty percent (20%) or twenty-five percent (25%)]
of the Members in good standing of the congregation may also initiate such a
procedure.
[OPTION
1 RIGHT TO APPEAL]
1.
Right to appeal A disciplined member of the Board of Directors may
appeal the action to the congregation at its next regular Congregational
Meeting or at a Special Congregational Meeting which may be called for this
purpose. The decision of the
Congregational Meeting is final. Until
the Congregational Meeting to consider the appeal, the position held by the
disciplined member of the Board of Directors shall be considered vacant.
[OPTION
2 RIGHT TO APPEAL]
1.
Right to appeal The decision of the Board of Directors is not subject
to appeal.
K. Limitation of Liability No director or
officer of the church shall be liable for any act or failure to act by any
other director or officer of the Church or by any employee of the Church. No director or officer of the Church shall
be liable for any loss arising from any fault in the title to any property
acquired by the Church. No director or
officer of the Church shall be liable for any loss arising from any fault in
any security in which the Church might invest, or from bankruptcy, insolvency,
or wrongful act by any person to whom the Church might entrust any of its
property. No director or officer of the
church shall be liable for any loss due to error of judgment or oversight on
his/her part, or for any other loss whatsoever occurring in the carrying out of
the duties of his/her office, unless this loss arises from the directors or
officers own willful neglect or fraudulent or criminal actions.
L. Indemnity The church shall protect every
director and officer of the church against all costs arising in relation to
his/her relations with the Church, unless they are occasioned by his/her own
willful neglect or fraudulent or criminal actions.
[OPTIONAL Article VI Board
of Trustees]
A. Responsibilities The Board of Trustees is responsible
for all matters pertaining to the acquisition, maintenance, [usage,] and
disposal of church property, subject to approval of the Congregational Meeting. The Board of Trustees shall keep adequate
records and make timely reports to the Congregation and UFMCC.
B. Qualifications Members of the Board of Trustees
must be Members in good standing of [________________] MCC for at least six (6)
month and have experience in the areas of property management, administration,
and policy development.
C. Composition There shall be five (5)
members of the Board of Trustees appointed by the Board of Directors.
D. Term of Office The term of office for
members of the Board of Trustees shall be two-year staggered terms, with
half being elected at each annual Congregational Meeting.
E. Meetings The Board of Trustees shall meet
at least four (4) times a year.
Except for executive sessions, meetings shall be open to the congregation
and to the public to attend as Observers without voice or vote.
F. Quorum No less than a majority of the
members of the Board of Trustees must be present in order to transact business.
G. Officers The official officers of the Board
of Trustees are Chairperson, Vice-Chairperson, and Secretary/Treasurer and
shall be designated by the Board of Directors.
3.
Secretary/Treasurer The Secretary/Treasurer
shall be responsible for ensuring the maintenance of official correspondence, church records, and financial records related
to church property, and for ensuring that accurate records are kept of all
meetings of the Board of Trustees. This shall include a quarterly report to the Board and an annual report to
the Congregation. The quarterly and
annual reports shall reflect receipts, disbursements, and outstanding financial
obligations.
I. Vacancies In the event of a vacancy on
the Board of Trustees, the Board may appoint a qualified Member to fill the
unexpired term.
J. Discipline The church cannot condone disloyalty,
unbecoming conduct, or dereliction of duty on the part of any member of the
Board of Trustees. Therefore, the Board
of Trustees may recommend by a majority vote of the full Board of Trustees that
the Board of Directors remove any member of the Board of Trustees. Action by the Board of Directors or a
petition submitted to the Clerk and signed by [twenty percent (20%) or
twenty-five percent (25%)] of the Members in good standing of the congregation
may also initiate such a procedure.
[OPTION
1 RIGHT TO APPEAL]
1.
Right to appeal A disciplined member of the Board of Trustees may
appeal the action to the congregation at its next regular Congregational
Meeting or at a Special Congregational Meeting which may be called for this
purpose. The decision of the
Congregational Meeting is final. Until
the Congregational Meeting to consider the appeal, the position held by the
disciplined member of the Board of Trustees shall be considered vacant.
[OPTION
2 RIGHT TO APPEAL]
1.
Right to appeal The decision of the Board of Directors is not subject
to appeal.
K. Limitation of Liability No member of
the Board of Trustees shall be liable for any act or failure to act by any
director, officer of the Church, other member of the Board of Trustees, or any
employee of the Church. No member of
the Board of Trustees shall be liable for any loss arising from any fault in
the title to any property acquired by the Church. No member of the Board of Trustees shall be liable for any loss
arising from any fault in any security in which the Church might invest, or
from bankruptcy, insolvency, or wrongful act by any person to whom the Church
might entrust any of its property. No member
of the Board of Trustees shall be liable for any loss due to error of judgment
or oversight on his/her part, or for any other loss whatsoever occurring in the
carrying out of the duties of his/her office, unless this loss arises from the members
own willful neglect or fraudulent or criminal actions.
L. Indemnity The church shall protect every member
of the Board of Trustees against all costs arising in relation to his/her
relations with the Church, unless they are occasioned by his/her own willful
neglect or fraudulent or criminal actions.
Article VII or VIII Pastor
A. Role The Pastor is the UFMCC clergy person
with a license to practice who has been called by God and elected by the church
to be responsible for the duties of teacher, preacher, and spiritual leader
until such time that the relationship is terminated. The Pastor shall also fulfill such other roles and
responsibilities as are stated in the UFMCC Bylaws and the policies of the
church.
B. Responsibilities The Pastor shall have
authority for ordering all worship services of the church; determining when
other worship services will be held, subject to approval of the Board of
Directors; appointing compensated and uncompensated church staff, subject to
the approval of the Board of Directors; and determining compensation, vacation
periods, and titles of office of the church staff, subject to approval of the
Board of Directors. The Pastor shall
serve as a voting member of the Board of Directors, Moderator of the Board
of Directors and of Congregational Meetings, personnel director, and as
the primary spokesperson of the church to the community. The Pastor may delegate such duties as seem
wise, including but not
limited to the duty of serving as Moderator of the Board of Directors and of
Congregational Meetings.
C. Pastoral Covenant The Board of Directors
and Pastor shall develop a covenant between the Pastor and the church. The covenant shall include a job description
and address such matters as compensation that is consistent with equitable
local standards, benefits, allowances, and leave. All provisions of the covenant shall be subordinate to the Bylaws
of the UFMCC.
1. Conference
Expenses To the best of its ability, the congregation shall fund the Pastors
transportation, registration, and per diem at General and Regional Conferences.
D. Pastoral Vacancy In the event of a vacancy
in the position of Pastor, a Pastoral Search Committee shall be responsible
for presenting a qualified candidate for election at a Congregational
Meeting. The Pastoral Search Committee
shall develop and implement the pastoral search process, in consultation with
the Regional Elder.
[OPTION
1 COMPOSITION OF PASTORAL SEARCH COMMITTEE]
[OPTION 2 COMPOSITION OF
PASTORAL SEARCH COMMITTEE]
E. Termination of Relationship The Pastor and congregation may
choose at any time to terminate their relationship through mutual
agreement. Unilateral failure to renew
the Pastors contract shall not constitute removal of the Pastor from office. No petition for removal of the Pastor based
on irreconcilable differences is valid unless preceded by the process of
conflict resolution, as referred to in Article VII.
Article VIII or IX Conflict
Resolution
When
there are conflicts or difficulty within the church that cannot be resolved,
including conflicts between the Pastor and congregation, the Board of
Directors, the Pastor, any Lay Delegate, or a petition signed by a
minimum of thirty-three percent (33%) of the Members in good standing may
invite intervention by the Regional Elder to resolve the conflict, in
accordance with UFMCC Bylaws.
A.
Removing the Pastor from Office The church shall follow the process as
outlined in the UFMCC Bylaws for removing the Pastor from office for disloyalty,
unbecoming conduct, dereliction of duty, or when irreconcilable differences
arise that cannot be resolved through mutual agreement.
Article IX or X Lay Delegate
The
church shall elect one (1) lay person for every one
hundred (100) Members in good standing, or part thereof, to serve as Lay
Delegate. The Lay Delegate shall be a
Member in good standing of this church.
A. Election The Lay Delegate shall be elected
at the next regular Congregational Meeting following each General
Conference. A majority of the votes
cast shall be required to elect.
B. Term of Office - The term of office of Lay
Delegate shall be two (2) years.
C. Duties The duties of the Lay Delegate shall
be to represent the congregation at General and Regional Conferences, to
communicate with the congregation regarding UFMCC concerns and policies, [and
to __________________ ].
D. Funding - To the best of its ability, the
congregation shall fund the Lay Delegates transportation, registration, and
per diem at General and Regional Conferences.
[OPTION
1 ALTERNATE LAY DELEGATE]
E. Alternate Lay Delegate - The church shall
elect one (1) Alternate Lay Delegate for each Lay Delegate elected. The election, term of office, and funding
shall be the same as for Lay Delegate.
[OPTION
2 ALTERNATE LAY DELEGATE]
E. Alternate Lay Delegate The church shall
elect two (2) Alternate Lay Delegates.
The election, term of office, and funding shall be the same as for Lay
Delegates.
1. Notification to
Alternate Lay Delegate When a Lay Delegate is unable or unwilling to perform
the duties of Lay Delegate, the Lay Delegate shall immediately inform he Clerk
of the Board of Directors. The Board of
Directors shall select which of the Alternate Lay Delegates shall serve in the
absence of the Lay Delegate. If the an Alternate
Lay Delegate is unable to serve, the Board of Directors shall appoint another
person to serve in the absence of the Lay Delegate.
[OPTION
1 DISCIPLINE]
F. Discipline The church cannot condone
disloyalty, unbecoming conduct, or dereliction of duty on the part of any Lay
Delegate or Alternate Lay Delegate.
Therefore, the Board of Directors may remove by a majority vote of the
full Board of Directors any Lay Delegate or Alternate Lay Delegate guilty of
the above. A petition presented to the
Board of Directors and signed by twenty-five percent (25%) of the Members in
good standing of the congregation may also initiate such a procedure.
[OPTION
2 DISCIPLINE]
F. Discipline The church cannot condone
disloyalty, unbecoming conduct, or dereliction of duty on the part of any Lay
Delegate or Alternate Lay Delegate.
Therefore, the congregation may remove any Lay Delegate or Alternate Lay
Delegate by a majority vote at a regular or special Congregational Meeting
called for that purpose. A petition
presented to the Board of Directors and signed by twenty-five percent (25%) of
the Members in good standing of the congregation may also initiate such a
procedure.
[OPTION
1 APPEAL OF DISCIPLINE]
[OPTION
2 APPEAL OF DISCIPLINE]
Article X or XI Church
Finances
A. Authorized Signatures Any church bank or
other financial accounts shall require two signatures for withdrawals, one
of which shall be that of a church officer; all members of the Board of
Directors and designated staff members shall have signature authority, as
determined by the Board of Directors.
B. Limit on Expenditures The Pastor shall
have the authority to commit church funds within the approved budget in any
amount not to exceed five percent (5%) of the annual budget; any expenditure that
is greater than that amount requires the approval of the Board of Directors.
The
Board of Directors shall have the authority to commit church funds within the
approved budget in any amount not to exceed ten percent (10%) of the annual
budget; any expenditure greater than that amount requires congregational
approval.
C. Fiscal Year For the purpose of reporting
to UFMCC, the fiscal year of the church shall be the calendar year.
D. Church Budget The Board of Directors shall be responsible for presenting
to the Congregational Meeting for approval an annual operating budget that reflects
anticipated receipts and disbursements. The approved budget may be amended, as needed, by a two-thirds
(2/3) vote of the Board of Directors, which shall immediately notify the
Members of the Church that such amendment has been made.
1. Budget Year The annual budget
of the church shall cover the period from _____ through _____ [for
example January through December, June through July, or April through March].
E. Assessments The Board of Directors shall
report quarterly to the UFMCC the number of members in good standing for each
month within the quarter and shall remit the Board of Pensions assessments as
set by General Conference. The report
and remittance are due to the Board of Pensions on or before the tenth (10th)
day of the month following the quarter reported. (REQUIRED FOR US CHURCHES ONLY)
F. Tithes The Board of Directors shall report
all church receipts each month to the UFMCC, and with that report shall remit a
percentage of the funds reported. The
percentage of funds to be remitted shall be determined by General Conference.
Article XI or XII Adoption
and Amendments
A. Adoption These Bylaws shall become
effective immediately upon adoption by the Congregational Meeting and approval
by the Regional Elder.
B. Amendments These Bylaws may be amended or
repealed at any duly convened Congregational Meeting. Proposed amendments or repeals shall be submitted in writing
to the Board of Directors no later than thirty (30) days prior to the
Congregational Meeting the proposal is to be considered. Adoption of the amendment or the repeal
shall require approval by a two-thirds (2/3) affirmative vote and is
subject to approval by the Regional Elder.
Amendments that are necessitated by amendments made to the UFMCC
Bylaws shall not require approval by the congregation.