Congregational Constitution Amendment Checklist
West Virginia-Western Maryland Synod

Required Provisions (*)

Whenever any change is made to a congregational constitution, all required (asterisked, *) provisions in the Model Constitution for Congregations of the Evangelical Lutheran Church in America must be included in the congregation's constitution exactly as the appear in the Model Constitution, including codification (provision numbering), punctuation, and capitalization. If you have not reviewed the Model Constitution, do so; the Model Constitution may be downloaded in MS-Word (click here to download). There are two exceptions to this rule: brackets and blanks (see below).

Recommended Provisions

Your congregation is free to modify provisions appearing in the Model Constitution that do not include an asterisk (*) so long as such modification does not violate a required provision. When a recommended provision deviates from the wording as it appears in the Model Constitution, it becomes a local provision. Filling blanks or selecting brackets does not constitute a substantive change in a recommended provision.

Local Provisions

Local provisions (a term employed in WV-WMD) are provision that do not appear in the Model Constitution (or do not appear as worded in the Model Constitution). In the introduction to the Model Constitution for Congregations, the term employed is other provisions.

Codification

The numbers of the provisions are not random. Required provisions must be numbered exactly as they are in the Model Constitution. Required provisions retain their asterisk (*) in your congregational constitution.

Those provisions in your congregational constitution that are coordinate with recommended provisions in the Model Constitution (even if slightly modified) should retain numbering consistent with the Model Constitution.

There are gaps in the numbering of provisions in the Model Constitution. This is intentional. Gaps variously represent places where provisions have been removed or places where provisions might be added. Your congregation may insert local provisions where there are gaps, but required and recommended provisions should never be renumbered to fill gaps. Several provisions in the Model Constitution reference other provisions; renumbering provisions to close the gaps can through off these cross references.

Observing these codification guidelines will make your life easier the next time you amend your congregational constitution.

When Bylaws and Continuing Resolutions Are (and Are Not) Incorporated in One Document

The Introduction to the Model Constitution for Congregations assumes that your congregation's bylaws and continuing resolutions be incorporated into one document with your congregation's constitution. There are strengths to this approach, mainly the keeping together of all governing provisions related to the same topic. If there is any weakness, it is in the necessity to reprint the document any time a bylaw or continuing resolution is adopted, amended, or struck.

If one opts for the incorporation, pay close attention to the codification (enumeration) system described in the Introduction to the Model Constitution for Congregations.
If a congregation maintains separate documents, it may be wise (though it is not required) to codify (enumerate) bylaws and continuing resolutions in such a way that they coordinate with the constitution to facilitate cross referencing. For example, bylaws related to the congregational meetings (e.g., when the annual meeting is, voting procedures, limitations on when a meeting may be held, etc.) could be in a chapter 10 of the bylaws. As mentioned above, there can be gaps in numbering. It is also important to keep all governing documents together in one binder so as not to misplace the bylaws and/or continuing resolutions.

Blanks (____)

Wherever a blank appears in a required or recommended provision in the Model Constitution, it is to be appropriately filled in. Though not required, it is recommended that the underscoring be removed after filling.

Brackets ([...])

Wherever brackets appear, a choice is being indicated.

Sometimes the brackets indicate that the material inside the bracket is optional, i.e., it may be include or not as the congregation sees fit.
Sometimes the brackets indicate a choice among alternatives. Look out! Sometimes one must choose between two or more alternatives, sometimes they may all be selected, and sometimes none have to be selected. Context should provide clues as to which is which.

Review your selections for both grammatical and polity sense. Remove the brackets themselves after selection has been made.

Footnotes

In the Model Constitution there are some footnotes. These can be removed. While, footnotes are not, properly speaking, part of the congregational constitution, they can serve as a useful tool for explanatory material and/or the tracking of amendments. Therefore, you are free to insert your own footnotes.

Checklist

Feel free to print this page, using the last column to mark off each provision that is successfully completed.

Provision	Review Standard	✔
Title	Your congregational constitution should bear your congregation's name and location (e.g., "Constitution of St. Paul Lutheran Church, Morgantown, West Virginia")
Preamble	Is the preamble rendered exactly as they appear in the Model Constitution?
C1.01	Is the blank filled in?
C1.02	Is the blank filled in? N.B., the legal name of the congregation might not be the same as the commonly used name. If incorporated or licensed in your state/commonwealth, the legal name is the one filed with the state/commonwealth.
C1.11	If this provision is used, fill the blank with the name of the appropriate civil jurisdiction. The congregation has the option of not having this provision as it appears, but if it does not seek incorporation, it is recommended that it should be rendered something like: “This congregation shall seek appropriate legal recognition by the State of __________.”
Chapter 2	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution?
Chapter 3	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution?
Chapter 4	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of the selection of bracketed material in *C4.04?
*C4.04.	The bracketed material is optional. If not used, the bracketed material is not included in the text of your congregational constitution. If used, the brackets themselves must be removed.
Chapter 5	Are the required provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of the selection of bracketed material in C5.03(j) and the filling of the blank in C5.04.
*C5.03(j)	The brackets indicate alternatives and options. With respect to the election of officers, this provision should agree with C11.02. With respect to boards and committees, this provision should agree with Chapter 12. With respect to continuing resolutions, continuing resolutions should be included if the congregation enumerates any duties for any officer or entity named previously in the provision. Whatever selections are made, the provision should make grammatical sense and be consistent provisions cross referenced. Have the brackets themselves been removed?
*C5.04	Is the blank filled in with “West Virginia-Western Maryland Synod”?
C5.05	If the provision is used, choice among the bracketed materials needs to be made. The provision can state, for example, "bylaws" or "continuing resolutions." Have the brackets themselves been removed?
Chapter 6	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of filling of blanks in C6.01 and C6.04(d)?
*C6.01	Is the blank filled in with “West Virginia-Western Maryland Synod"? Has the underscoring been removed?
*C6.04(d)	Is the blank filled in with “West Virginia-Western Maryland Synod"? Has the underscoring been removed?
Chapter 7	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of filling of blanks in provisions C7.01, C7.03, and *C7.05(b)?
*C7.01	Is the blank filled in with “West Virginia-Western Maryland Synod"?
*C7.03	Is the blank filled in with “West Virginia-Western Maryland Synod"?
*C7.05(b)	Is the blank filled in with “West Virginia-Western Maryland Synod"?
Chapter 8	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of selecting among the bracketed alternatives in *C8.02(d)?
*C8.02(d)	Of the bracketed material, one and only one must be selected. Have the brackets themselves been removed?
Chapter 9	Are the required provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of selecting among the bracketed alternatives in both C9.01 and C9.21 and the filling of the blank in *C9.03(b)(5)?
*C9.01	Of the bracketed, material one and only one must be selected. Have the brackets themselves been removed?
*C9.03(b)(5)	Is the blank filled in with “West Virginia-Western Maryland Synod"?
*C9.21	Of the bracketed, material one and only one must be selected. Have the brackets themselves been removed?
C10.01	If this provision is used, the blank must be filled in with the name of the civil jurisdiction (state or commonwealth) in which the congregation is physically located unless the congregation is incorporated elsewhere.
C10.02	If this provision is used, whether the bracketed "senior" is used should be determined. The employment of "senior," when there is only one pastor, is unnecessary. When there are more than one pastor under call, not including "senior" empowers any pastor serving the congregation under call to call a special congregation meeting. In congregations where the pastor is the president of the congregation, "president" should be changed to "vice president." In either case, remove the footnote. With respect to "____[number][percent]," several options are available. A nominal number may be used (e.g., "…written request of 35 voting members…"). A percentage of voting members may be used (e.g., "…written request of 20 percent of the voting members…"). Have the brackets themselves been removed?
C10.03	If this provision is used, it must be determined whether the bracketed material is included. Have the brackets themselves been removed?
C10.04	If this provision is used, the blank must be filled in. Has the underscoring been removed?
C11.01(d)	If this provision is used, it must be determined whether the bracketed material is included. Have the brackets themselves been removed?
C11.02	The recommended provision includes four major alternatives, and within each, there are options provided in bracketed material and sometimes blanks to be filled. If this provision is used, only one of the paragraphs may be selected. Select then among the bracketed material and fill in the blanks. Have the brackets themselves been removed?
C12.01	If this provision is used, whether to include "the deacon(s)" must be decided. "… the officers of the this congregation" is not an option—the orphaned closing bracket is a typographical error. "… and [ __ members][not more than ___ nor fewer than ___ members] of …" represents a choice between the two. Do not use both sets of bracketed material together. Either render as "… and ___ members of …" or render as "… and not more than ___ nor fewer than ___ members of …" The blanks must be filled. Have the brackets themselves been removed?
C12.02	If this provision is used, there is a choice between two major alternatives. In both, a decision as to whether to include "the deacon(s)" must be made. The blanks must be filled. Have the brackets themselves been removed?
C12.05(a)	If this provision is used, either "trustees" or "directors" must be selected. The blank must be filled with the name of the appropriate civil jurisdiction (i.e., state/commonwealth in which the congregation is physically located unless incorporated elsewhere).
C12.05(c)	If this provision is used, the blank must be filled.
C12.05(d)	If this provision is used, the blank must be filled.
C12.06	If this provision is used, the brackets allow for the inclusion of the continuing resolutions. Whatever selections are made, the provision should make grammatical sense and be consistent provisions cross referenced. Have the brackets themselves been removed?
C12.12	If this provision is used, whether the bracketed "senior" is used should be determined. The employment of "senior," when there is only one pastor, is unnecessary but does no harm. When there is more than one pastor under call, it must be determined whether the senior pastor's presence is the primary concern or whether any pastor's presence is sufficient. If the former, include "senior." If the later, the provision will require major rewriting; consult with the synod parliamentarian. Have the brackets themselves been removed?
C13.04	If this provision is used in a congregations where the pastor is the president of the congregation, "president" should be replaced with "vice president." In either case, remove the footnote. Have the brackets themselves been removed?
C13.05	If this provision is used, of the bracketed material one and only one must be selected. The selection must be consistent with *C9.01. Have the brackets themselves been removed?
C13.07	If this provision is used, of the bracketed material make an appropriate selection. Selecting both (i.e., "… specified in the bylaws and continuing resolutions …" is permissible and will not be considered a substantive change that would through this provision from recommended to local. Have the brackets themselves been removed?
C13.08	If this provision is used, whether the bracketed "senior" is used should be determined. The employment of "senior," when there is only one pastor, is unnecessary but does no harm. When there are more than one pastor under call, it must be determined whether only the senior or all pastors under call shall be ex officio members of said committees. If the pastor is the president of the congregation, "president" should be replaced with "vice president." In either case, remove the footnote. Have the brackets themselves been removed?
C14.02	If this provision is used, whether codification of such authorization should be specified by continuing resolution needs to be determined. Have the brackets themselves been removed?
Chapter 15	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of the bracketed alternative in *C15.11?
*C15.11	If the pastor is the president of the congregation, "president" should be replaced with "vice president." Have the brackets themselves been removed?
Chapter 16	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution with the exception of the to be filled in *C16.01?
*C16.01	Has the blank been filled?
Chapter 17	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution?
Chapter 18	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution?
Chapter 19	Are the provisions in this chapter rendered exactly as they appear in the Model Constitution?
Chapter 20	If the congregation is in a parish, this provision must be included in the congregational constitution. If so, are the provisions in this chapter rendered exactly as they appear in the Model Constitution?

Assistance

Should those working on constitutional revision in your congregation need assistance, do not hesitate to contact the bishop or the synod parliamentarian.

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West Virginia-Western Maryland Synod,
℅ St. Paul Lutheran Church, 309 Baldwin Street, Morgantown, WV 26505
304-363-4030 + Porter@WV-WMD.org