Bylaws
Fri, Mar 26, 2004; by Dinah.
The following bylaws were presented, amended, and approved at the congregational meeting on April 25, 2004.
You may print these bylaws at your computer’s printer, (Use the "Print This Page" icon at the bottom of this page) and paper copies are available in the church office.
Adopted 4/25/04
Bylaws
First Congregational Church of Bakersfield,
United Church of Christ
ARTICLE 1
NAME
1. This church shall be called First Congregational Church of Bakersfield, United Church of Christ.
ARTICLE 2
COVENANT
2.1 This church is united by the following Covenant:
2.2 We, the members of First Congregational Church, Bakersfield, as a congregation of the United Church of Christ, covenant together to acknowledge Jesus Christ, Son of God and Savior, as the sole Head of the church. We recognize as kindred in Christ all who share in this confession. Our church looks to the Word of God in the Scriptures, and to the presence and power of the Holy Spirit, to prosper our creative and redemptive work in the world. We claim as our own the faith of the historic Church expressed in the ancient creeds and reclaimed in the basic insights of the Protestant reformers. We affirm the responsibility of the Church in each generation to make this faith its own in reality of worship, in honesty of thought and expression, and in purity of heart before God.
2.3 In accordance with the teaching of our Lord and the practice prevailing among congregations of the United Church of Christ, we recognize two sacraments: Baptism and Communion.
ARTICLE 3
MEMBERSHIP
3.1 Active membership in the church shall consist of persons, without regard to race, sex, national origin, gender or sexual orientation, who sincerely intend to lead a Christian life, and who assent to the Covenant of the church. Active members shall, to the best of their ability, attend worship regularly, endeavor to grow spiritually through study and mission opportunities, participate in its activities, and support it financially.
3.2 Active members shall be received at a service of public worship, by confession of faith, reaffirmation of faith, confirmation, or transfer from another church. Members shall be dismissed by transfer, by their own request, or by recommendation of the Pastor to the Administrative Council.
3.3 Members who have not attended worship or contributed to the support of the church for a period of one year may be transferred to inactive status upon recommendation of the Pastor and vote of the Administrative Council. Such persons shall no longer be counted as active members. Exceptions may be made for absent students, members of the Armed Forces, the sick and others in special circumstances. Transfer to inactive status shall be reported to the Administrative Council, and, in writing, to the affected members at their last known address. Inactive members may not vote in church meetings, hold office or serve on the Council of Ministries or Administrative Council. Persons in inactive status may be restored to active status by the recommendation of the pastor, and such action reported to the Administrative Council.
ARTICLE 4
POLITY AND ORGANIZATION
4.1 The authority of the church rests in the congregation, composed of all its active members.
4.2 This church is a part of the United Church of Christ, participating in its activities at association, conference and national levels, and supporting its mission. It may participate with other churches in ecumenical and interfaith activities as approved by the Pastor and/or the Councils.
4.3 All active members are entitled to speak and vote in meetings of the congregation, and may hold any office and may serve on any council or committee.
4.4 The work of the congregation shall be carried out by the Council of Ministries, the Administrative Council, and the various committees and sub-committees established to carry out the church’s mission. The Councils shall act and make decisions on behalf of the congregation within the scope of their authority, as hereinafter defined, subject to these Bylaws and subject to policies established by the congregation. Decisions of any Council or committee may be changed by vote of the congregation. Any church officer or council/committee member may be removed by vote of the combined Councils or congregation.
4.5 Any member may attend meetings of the councils or committees.
4.6 No member may hold more than one elective office or council position at a time.
4.7 The church shall maintain an Officers and Directors Insurance policy to cover all staff and financial officers of the church.
ARTICLE 5
CONGREGATIONAL MEETINGS
5.1 There shall be an Annual Meeting of the congregation in May at a time to be determined by the Administrative Council. At that meeting, annual reports shall be presented, officers and Council members shall be elected to take office beginning July 1, and an annual budget shall be adopted. Other business may not be transacted unless notice of such agenda has been properly communicated to the membership of the congregation, as per 5.3 of these Bylaws.
5.2 Additional meetings of the congregation shall be held as necessary. Congregational meetings may be called as needed by the Moderator, the Administrative Council, the Council of Ministries, the Senior Pastor or upon petition of five percent of the active membership.
5.3 All meetings of the congregation shall be announced at all worship services at least twenty days in advance, and in one church newsletter prior to the meeting. The subject of the meeting shall be clearly stated. Only in an emergency situation will these notification requirements be suspended. In such a case, concerted effort will be made to notify all active members by phone or electronic mail of the emergency meeting.
5.4 A quorum of the congregation shall consist of ten percent of the active members.
5.5 Voting shall be by secret ballot whenever requested by 5% of those present at a meeting.
5.6 Meetings shall be conducted in accordance with Roberts’ Rules of Order.
ARTICLE 6
OFFICERS
6.1 Moderator
6.1.1 The Moderator shall be elected for a term of one year. He/she shall normally have served one (1) year as Assistant Moderator. If this is not possible, he/she shall be elected by the membership. The Moderator shall be diligent to see that all requirements of the Articles of Incorporation, these bylaws, job descriptions and other official instructions are followed. The Moderator shall report violations not otherwise corrected to the appropriate Council for action.
6.1.2 The Moderator shall plan and preside at all congregational meetings and whenever the Administrative Council and Council of Ministries meet together. In the absence of the Moderator, the Assistant Moderator shall preside, and if both are absent, the Senior Pastor shall preside at said meeting.
6.1.3 The Moderator shall actively participate in the life and mission of the church. The Moderator shall have general oversight of the congregation, Councils, committees and all church activities. The Moderator in cooperation with the Senior Pastor and the Councils shall have the responsibility of advocating a sense of direction for the congregation. The Moderator shall insure that conflicts within the church are resolved.
6.1.4 The Moderator shall represent the church or ensure representation at Association and Conference meetings, ordinations, installations, and other ecclesiastical activities.
6.2 Assistant Moderator
6.2.1 The Assistant Moderator shall be elected for a term of one year. He/she shall then be nominated to be Moderator at the end of the term.
6.2.2 The Assistant Moderator shall chair the Nominating Committee, and shall preside at meetings in the absence of the Moderator.
6.2.3 Should a vacancy occur during the Moderator’s term of office, the Assistant Moderator shall fill the remainder of said term. The two Councils, meeting jointly, may fill the position of Assistant Moderator for the balance of the term.
6.3 Council Chairpersons
The Congregation shall elect chairpersons of the Council of Ministries and the Administrative Council, to guide the ministry and work of the church. They shall be elected for a term of one year, and may not serve more than two consecutive terms.
6.4 Clerk
6.4.1 The Church Clerk shall be elected for a term of one year and may be reelected.
6.4.2 The Clerk shall keep the minutes of the Administrative Council meetings, and all Congregational meetings. The Clerk shall establish quorums at these meetings, know the bylaws, and ensure that the meetings are conducted in accordance with said bylaws.
6.4.3 The Clerk shall be responsible for ensuring accurate records of church membership are maintained.
6.4.4 The Clerk shall be responsible for ensuring the safekeeping of all church deeds, insurance policies, and all other legal documents.
6.5 Assistant Clerk
An Assistant Clerk shall be elected for a term of one year and may be reelected. The Assistant Clerk shall take minutes of the Council of Ministries and shall act in the absence of the Clerk.
6.6 Treasurer
6.6.1 The Treasurer shall be elected for a term of one year and may be reelected. The Treasurer shall be a voting member of the Administrative Council.
6.6.2 The Treasurer shall supervise the Bookkeeper in all financial and fiscal matters.
6.6.3 The Treasurer shall be responsible for ensuring the safekeeping of the church’s bonds, stocks, and all other financial documents of the church.
6.6.4 The Treasurer shall be responsible for maintaining and accounting for all church funds, under the direction of the Administrative Council.
6.6.5 The Treasurer shall be responsible for paying the financial obligations of the church, out of church funds, as authorized by the budgets, or in the case of unbudgeted emergency expenditures, as authorized by the Administrative Council.
6.6.6 The Treasurer shall present monthly financial reports to the Administrative Council.
6.7 Assistant Treasurer
An Assistant Treasurer shall be elected for a term of one year and may be reelected.
6.8 Legal Counsel
6.8.1 The Church Legal Counsel shall be appointed by the Administrative Council for a term of two years. He/she shall be used as a consultant in the legal matters of the church, and shall make a determination as to when outside legal counsel shall be required to provide legal advice for church matters.
6.8.2 The Counsel shall work with the Administrative Council, providing guidance relating to contracts, personnel law and other legal matters.
6.8.3 The Counsel shall work with the Council of Ministries to ensure all necessary steps are taken to maintain the church as a safe environment for all persons. This shall include the oversight and implementation of procedures for screening all persons applying to volunteer with children’s and youth programming.
ARTICLE 7
COUNCILS
7.1.1 Members of each Council shall be elected for terms of two years, unless otherwise specified. One-half of the members of each Council shall be elected annually. No one may serve more than two consecutive terms as a member of the same Council. Each Council shall be responsible to the congregation.
7.1.2 Each Council shall meet monthly, unless it provides otherwise. Special meetings may be called by the chairperson or by half the voting members of the Council.
7.1.3 The Pastor(s), the Moderator and the Assistant Moderator shall be ex officio members of each Council, without vote. Church staff may attend all Council meetings as ex officio members without vote. Each Council may add other ex officio and/or honorary members without vote, as it sees fit.
7.1.4 A quorum shall consist of one-half of the elected members of the Council.
7.1.5 Each Council may, at its discretion, dismiss any member who has missed two consecutive meetings without cause.
7.1.6 Councils have the power to fill vacancies in their number, until the next election.
7.1.7 The Councils of the church may appoint committees and individuals as needed.
7.2 Council of Ministries
7.2.1 The Council of Ministries shall be composed of the Chairperson and the Assistant Clerk, plus no fewer than nine (9) and no more than twelve (12) members elected for two-year terms, with half being elected each year.
7.2.2 The Council of Ministries shall be responsible for policies, planning, decisions and oversight of all of the congregation’s ministries, including spiritual growth, parish life, and mission to the community and world. This shall include, specifically, responsibility for the supervision and implementation of youth ministry activities, consistent with the provisions of the Youth Ministry Handbook. The Council shall appoint persons as needed to carry out the tasks which it oversees.
7.2.3 The Council of Ministries shall appoint a Church School Superintendent and Assistant Church School Superintendent. They will be responsible, in coordination with appropriate staff and members of the Council for implementing the Christian Education program. The Superintendent shall report periodically to the Council.
7.2.4 The Council of Ministries shall propose a Mission Budget to the congregation at the Annual meeting.
7.2.5 The Council of Ministries shall appoint a Mission Treasurer, who shall distribute funds according to the Mission Budget and under the supervision of the Council of Ministries. The Mission Treasurer shall report quarterly to the Council of Ministries and to the Church Treasurer.
7.3 The Administrative Council
7.3.1 The Administrative Council shall be composed of the Chairperson and the Clerk, plus no fewer than nine (9) and no more than twelve (12) members elected for two-year terms, with half being elected each year. The Treasurer shall be an ex officio member of the Administrative Council, with vote.
7.3.2 The Administrative Council shall be responsible for the proper governance of the church, including financial, property, personnel, legal, insurance, endowment, stewardship and administrative matters. The Administrative Council shall be responsible for oversight of each of the church’s budgets.
7.3.3 The Administrative Council shall propose annual budgets for the church and for Child Haven to the congregation, to be presented for the congregation’s review at least two weeks prior to the Annual Meeting in May.
7.3.4 The Administrative Council shall create a Personnel Committee to address matters relating to personnel issues and policies, including job descriptions, hiring, termination, evaluation, compensation and benefits for both Child Haven and church staff, maintaining confidentiality whenever appropriate. The committee shall work in concert with the church’s Legal Counsel in such matters. This committee will follow established procedures in the development and negotiation of any necessary contracts. The Personnel Committee shall report periodically to the Administrative Council.
7.3.5 The Administrative Council shall hire the Director of Child Haven, which is a non-profit child-care program of the church. The Director of Child Haven shall be responsible for the hiring, supervision and termination of Child Haven staff. The Director shall report monthly to the Administrative Council.
7.3.6 The Administrative Council shall make all policies concerning personnel, fees, property, rules, regulations and scholarships for Child Haven, in consultation with the Director. Such policies, rules and regulations shall be consistent with the relevant laws, codes and regulations of the State of California and the federal government.
7.3.7 The Administrative Council shall ensure that Child Haven carries a separate Accident and Disability Insurance and Liability Insurance policy.
7.3.8 The Administrative Council may create a Staff-Parish Relations Committee, the purpose of which would be to facilitate a positive, creative relationship between the pastor(s), staff, and people in the congregation, addressing any issues that may arise that would impact the effectiveness of their ministry. The Committee shall maintain confidentiality whenever appropriate.
7.3.9 The Administrative Council may not buy, sell, mortgage, lease or transfer any real property of the church, and may not dispose of any assets of the church whose value is in excess of $1000, without specific authorization of the congregation.
7.3.10 The Administrative Council shall employ such staff necessary to implement the ministries, programs and administration of the church, upon the recommendation of the Personnel Committee and/or the Council of Ministries and/or the congregation, providing to all staff adequate compensation and appropriate benefits, as set out in the current Employee Handbook of First Congregational Church.
7.3.11 The Administrative Council shall appoint an Endowment Committee to receive and administer gifts from members and others to disperse them for purposes not otherwise covered by the regular church budget. The Endowment Committee shall report quarterly to the Council and the Church Treasurer.
7.3.12 The Chair, subject to the approval of the Administrative Council, shall appoint a minimum of four offering stewards who shall be responsible for receiving and recording all offerings and other receipts, and for transferring all funds to the bank.
ARTICLE 8
NOMINATING COMMITTEE
8.1 There shall be a Nominating committee chaired by the Assistant Moderator, and including the immediate past Moderator and at least 3 members at large, elected at the annual meeting. The Nominating Committee shall present a slate of officers and Council members to be considered at the subsequent Annual Meeting. Copies of the Nominating Committee’s recommendations shall be available at least two (2) weeks prior to the meeting.
8.2 Other nominations for any position may be made by any member, provided the nominee assents.
8.3 The Nominating Committee shall present names, as requested, to fill vacancies in Councils or committees that may occur throughout the year.
ARTICLE 9
PASTOR(S)
9.1 When a pastoral vacancy exists for the Senior Pastor and other pastors, as determined by the congregation, a Pastoral Search Committee shall be appointed by the two Councils, meeting jointly. A pastor shall be called in accordance with the policies and procedures of the current Manual on Ministry of the United Church of Christ, by a two-thirds vote of those members present at a special meeting of the congregation, upon the recommendation of the Search Committee and the two Councils, meeting jointly. The Pastor(s) then shall be accountable to the Councils.
9.2 While all employees of the church are “at-will” employees as defined by law, the congregation would request a 90-day notification of a pastor’s intent to resign. Any pastor may be terminated by a majority vote of the whole congregation, with 90-days notice given if circumstances permit.
9.3 The Pastor(s) shall be responsible for leading worship, preaching and administering the sacraments. Salaries, benefits and other duties shall be specified by the letter of call as negotiated, and are subject to renegotiation and revision at intervals as mutually agreed upon by both the pastor and the two Councils. The process of negotiation and revision shall be developed by the Personnel Committee and approved by the Administrative Council.
ARTICLE 10
ORGANIZATIONS
10 Members of the congregation may form auxiliary organizations, fellowship groups, or clubs as they desire, under the general supervision of the Council of Ministries.
ARTICLE 11
AMENDMENTS
11.1 These bylaws may be amended by vote of three-fourths of the members present and voting at a congregational meeting.
11.2 Proposed amendments shall be available for study at the church office at least twenty days prior to the meeting.
5 Real Road (corner of Stockdale & Real)
Bakersfield, CA 93309
Phone: 661-327-1609
FAX: 661-327-4443
Sunday Services & Church School: 10 AM
(Services last about an hour, dress is casual)
Nursery care available
E-mail: firstcong(at)postoffice.igalaxy.net
Webpage editor: dinah.campbell(at)gmail.com)
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