Preamble

The Preamble adopts the constitution. It is similar to the Preamble in the current constitution.

Chapter 1 states that the congregation is called Salem Lutheran Church and is incorporated under California law.

Chapter 1 is similar to Article 1 of the current constitution.

Chapter 2 states the congregation’s confessional faith. That faith includes the Trinity, Jesus Christ as Lord and Savior, acceptance of the canonical Old and New Testaments as the written Word of God, inspired by God’s spirit, and acceptance of the Apostles,’ Nicene and Athanasian Creeds, the Unaltered Augsburg Confession, and other Lutheran confessional writings.

Article II of the current constitution is similar, except that it refers to the Old and New Testaments as the "inerrant" Word of God and the only "infallible" authority in matters of faith and life. The existing constitution also requires all members to "subscribe" to the three creeds noted above, as well as certain Lutheran writings.

Chapter 3 describes the Church both as an inclusive fellowship and universal community, and as local congregations gathered for worship and Christian service. All power in the Church belongs to Jesus Christ as its head, and the congregation is to act under his rule and authority.

There is no similar provision in the current Constitution.

The congregation’s purposes include worship, proclamation, outreach, and service to others. The congregation will carry out these purposes through a variety of means, including worship services, pastoral care, teaching the Word of God, financial support, and relationships with other congregations and the ELCA.

Article IV of the current constitution simply says that the congregation’s purpose is to proclaim and propagate the Christian faith through the Means of Grace and cooperate in the work and service of the ALC.

Chapter 5 says that the congregation has all power needed to carry out its purposes, such as the power to call pastors, approve annual budgets, acquire and transfer property, elect officers, and terminate its relationship with the ELCA. The congregation retains all authority not delegated to the Church Council or other governing units, and carries out that authority through its annual meeting.

Article IX of the existing constitution is similar, except that it requires a two-thirds vote to buy, transfer, or mortgage real property.

The congregation is an independent part of the ELCA and its Southwest California Synod. It accepts its relationship with the ELCA, which requires it to pledge its financial support to the ELCA, limit pastoral calls to those on the ELCA’s clergy roster, and submit its constitution and all amendments to the bishop for approval. The congregation may terminate its relationship with the ELCA by two-thirds vote, followed by a 90-day period of consultation with the bishop, followed by another two-thirds vote. The congregation may relocate only with approval of the Synod Council.

Article V of the current constitution is similar but it concerns membership in the ALC, not ELCA, and does not require consent for relocation.

Chapter 7 spells out what happens to church property if the congregation ceases to belong to the ELCA for various reasons -- for example, the congregation ceases to exist, is expelled, or votes to transfer to another church body.

There is no similar article in the current constitution, although Article 9 says that church property goes to the ALC (or its successor) if the congregation ceases to exist.

Chapter 8 is similar to Article VI of the current constitution and Part III of the current bylaws, but the current bylaws contain more detail about the admission and status of new members in specific circumstances.

1. Pastoral calls are made by two-thirds vote of the congregation and are limited to the ELCA’s clergy roster, ordained ministers recommended by the bishop, and (with the bishop’s consent), ordained ministers from other church bodies having full communion with the ELCA. Although calls are generally ongoing, the congregation may call a pastor for a specific term with the bishop’s consent. The bishop may also appoint an interim pastor to fill a pastoral vacancy if the congregation agrees.

2. Once accepted, the call cannot be terminated except for certain reasons, such as death, expiration of a fixed term, resignation, incapacity, inability to perform effectively in view of local conditions, or disqualification on moral or doctrinal grounds.

3. The bishop and a committee of two ordained ministers and a layperson must investigate claims of pastoral incapacity or ineffectiveness at the request of the Council or one-third of the congregation. In the case of local difficulties, the bishop and committee must review the situation and make a recommendation. If the congregation wishes to terminate the call after consulting with the bishop, the congregation can do so by a two-thirds vote. During this process, the bishop may discipline the pastor under ELCA procedures. The bishop may also suspend the pastor if there are irreconcilable differences with the congregation.

4. The bishop may also suspend the pastor or declare a vacancy if disability is evident based on medical testimony.

5. Chapter 9 also spells out pastoral duties, such as preaching, administering Sacraments, providing pastoral care, conducting marriages and funerals.

Article VIII of the current constitution and Part V of the current Bylaws are far less detailed than Chapter 9 of the proposed constitution. Although certain point are similar, there are some differences. For example, the current constitution says that a pastor may be asked to resign if "in the judgment of the congregation" he or she is no longer able to serve "satisfactorily." The current constitution does not require a two-thirds vote of the congregation or limit the grounds for termination beyond unsatisfactory performance. It also does not contain the same types of detailed procedures, including the role of the bishop, contained in Chapter 9.

The annual meeting is at the time specified in the bylaws. Special meetings may be called by the pastor, council, president, or 10% of voting members, with advance notice. A quorum is 10% of voting members. Voting must be done in person. Actions are by majority vote except as otherwise stated in the constitution.

Chapter 10 is similar to Article X of the current constitution and Part VI of the current bylaws, except that the current documents say that any ten members may call a special meeting. They also contain more detailed provisions regarding order of business, requirements of written ballot, and so forth.

Officers include the president, vice president, and secretary, all of whom must be voting members. They are elected by the congregation and have the powers stated in the bylaws.. No officer may hold more than one office at one time or serve more than two consecutive terms in the same office.

Article XI of the current constitution and Part VII of the current bylaws are similar but cover some additional topics, such as the election and functions of the twelve ministry stewards and of the elementary school board.

The voting members of the council include the pastors, officers, and congregation members as provided in the bylaws. The Council is responsible for oversight of the congregation’s life and activities and for financial and property matters, and has numerous specific duties within those general responsibilities (such as maintaining relationships with pastors and staff, preparing budgets, and overseeing investments and insurance). The council may not buy, sell, or mortgage real property, or incur obligations of more than $50,000 without the congregation’s approval.

Article XI of the current constitution and Part VII of the current bylaws are similar, but there are some differences. For example, under the current documents, the voting members include the three officers, 12 stewards, and the immediate past president. The pastor is an advisory member, without vote. The council also approves a 5-member call committee when required.

Committees include an executive committee (officers and pastors), nominating committee, audit committee, mutual ministry committee, call committee, and other committees formed by the council as needed. Their duties are stated in the bylaws or continuing resolutions. The council appoints the nominating and audit committees, the congregation appoints any call committees, and the pastors and president appoint the mutual ministry committee with the council’s approval.

There is no similar Article in the current constitution. Parts VII and X of the current bylaws authorize the council to appoint an auditor or audit committee, a call committee, and a nominating committee, and to determine the responsibilities of all ministries and standing committees. Under these documents, however, there is no mention of an executive committee or mutual ministry committee, the nominating committee must consist of three council and two members of the congregation, and each call committee is elected by the council rather than the congregation.

The congregation oversees the activities of organizations within the congregation and receives reports regarding their activities. All special interest groups, other than those affiliated with the ELCA, must be authorized by the congregation.

There is no similar provision in the current constitution. Part VIII of the current bylaws requires ministries, standing committees, and organizations to provide annual reports to the church office. Part II of the bylaws prohibits fellowship with religious organizations that do not accept the Trinity or Jesus as the only savior from sin (and thus teach salvation by works). Such organizations, and lodges, may not hold ceremonies on church premises, and pastors may not participate in their ceremonies on or off church premises.

Members may be disciplined for denial of the Christian faith, conduct grossly unbecoming a member of the Church, or persistent troublemaking, after an attempt at reconciliation under Matthew 18: 15-17. Discipline may include censure, suspension, or exclusion from membership, and may be imposed by a two-thirds vote of independent members of the council after a hearing. The member is entitled to "due process" as specified by the ELCA and may appeal the discipline to the synod.

Disputes between factions within the congregation are resolved by the synod after notice to the council.

Article VII of the current constitution and Part IV of the current bylaws are less detailed but contain generally similar provisions, but with some differences. For example, "persistent troublemaking" is not listed as a ground for discipline, and the disciplined member may appeal the council’s decision to the congregation rather than the synod. The current documents also do not provide for resolution of factional disputes by the synod.

Bylaws may be adopted or changed by majority vote of the congregation after 30 days notice, may not conflict with the constitution, and must be sent to the synod.

Article XII of the current constitution contains similar provisions, except that the vote is after 10 days notice and the bylaws need not be sent to the synod.

Amendments to the constitution may be adopted by majority vote of the congregation after 30 days notice, but must be ratified by a two-thirds vote at the congregation’s next annual meeting and must be sent to the synod. The synod may inform the congregation within 120 days that the amendment violates ELCA’s constitution or bylaws, or the synod’s constitution. The congregation shall also amend the constitution by majority vote to reflect any changes in the ELCA’s model constitution.

Article XIII of the current constitution is similar, except that it does not allow amendments to certain Articles, it requires the amendment to be approved and ratified at two consecutive annual meetings, and it does not require submission to the synod for review.

The council may pass or amend continuing resolutions by two-third vote as long as they don’t conflict with the constitution or bylaws.

There is no similar provision in the current constitution.

The congregation may indemnify past or present council members, employees agents, and committee members with respect to certain legal proceedings in which they are or may be a party.

There is no similar provision in the current constitution.

The congregation may forma parish with other congregations under an agreement approved by the synod and each congregation. All pastoral calls for the parish must be approved by two-thirds vote of each congregation. Any congregation may end the parish arrangement if any other congregation votes against or terminates a call.

There is no similar provision in the current constitution.