Church Constitutions
A church constitution is useful for two things:
1. To resolve disputes over authority (if everybody agrees, it doesn’t matter what the constitution is— so design the constitution for when there is bitter disagreement). Don’t design a constitution for when the church is going well- design it for when people are behaving badly.
2. To mandate certain flows of information. It says who can get access to information, and when it is automatically issued.
The big questions are:
1. Who hires and fires salaried staff?
2. Who controls the money and property?
3. Who admits new members?
4. Which people are elected and which are appointed, and by whom?
5. Who composes the board of directors for the church as a legal nonprofit entity?
6. Who can bring up proposals for discussions and votes?
Answer these questions. Don’t, for example, be squeamish and let it be ambiguous about what happens if the pastor wants to fire the secretary for incompetence but the elders are unanimously in her favor and the congregation is split 60-40.
Some principles:
1. The legal board of directors should match where the power in the church ought to be. Thus, if the board of elders is supposed to be the authority, the nonprofit by-laws ought to make them the legal authority. They can still be subject to all kinds of restrictiosn on authority (e.g., the by-laws could say that the directors cannot sell property without a vote of members). Design the governance scheme you want first, though, and only then put in how this maps to the legal roles.
2. Positions should be elected only if the position has authority and if we want it to be near-impossible to fire whoever is in it.
3. Friction and conflict is not bad– it is often good, a sign of checks and balances.
4. Ambiguity is bad– it should be clear whose authority is needed for what.
5. In designing a constitution, think about the next church split and the next leadership scandal. The constitution will matter a lot then. Writing a constitution should not be a way to demonstrate how we love and trust each other and are willing to expose our vulnerabilities and show that we’re sure nobody will ever succumb to temptation.
6. It’s useful to have an outside authority to judge disputes. For an episcopal church, that’s the bishop. For an independent church, that’s the secular courts, in effect. Think about whether there is any other option for ECC.
Some suggestions:
1. The elders should appoint every other position except the pastors, including deacons. If there is a property committee, it should be appointed by the elders. The constitution should say that the elders can fire any appointed person (including salaried positions, though those people may be able to sue for breach of contract).
2. Pastors and associate pastors hsould require approval by the congregation AND the elders both. Failure in either should kill the appointment. Firing should require the same two votes– if just one votes to fire, it shoujld not happen.
3. The minutes of elders meetings ought to be made public, redacted to delete sensitive people matters (with the word REDACTED) there. Even if the elders have the authority, the congregation should have input.
4. There should be a procedure for members to call and publicize a congregational meeting even if the elders are opposed. Even if the elders have the authority, the congregation should have input.
5. The congregation should have to approve the budget and be allowed to make amendments.
6. Congregational meetings should not have cloture. If people want to keep talking, they should be able to talk all night. Even if the elders have the authority, the congregation should have input.
7. The books should e completely open, including salaries, which accounts are where, investments, and so forth.