Are you advocating your congregation to separate from the ELCIC?

The biggest problem with the 3 sets of bylaws is that almost no one can understand them. For example the following clause relates to Bylaws and Amendments:

"If in the judgment of the Synod Council an amendment to the constitution or bylaws of the ELCIC, to the Approved Constitution for Synods or to the Approved Constitution for Congregations ought to entail related amendments of this constitution [and bylaws], receipt of an official communication to that effect from the secretary of the synod enclosing a draft of the amendment recommended by the Synod Council shall constitute proper proposal and notice thereof. Adoption of such an amendment shall then be in order at the next following meeting of the congregation."

On their website at http://elcic.ca/docs/ModelCons... on page 2 being the index page they label the model constitution as "Approved Model Constitution for Congregations." Notice that the clause above refers only to an "Approved Constitution for Congregations." Despite the confusion about inconsistency of how the documents are titled, I read it as meaning we have to go along with anything ELCiC or its Synods amend in any of its bylaws, including their ‘Approved Model' .... without any conversation.

A motion will be heard at the Convention to add the following section to the Administrative Bylaws of the Evangelical Lutheran Church in Canada.

"Part II Section 7. Except for the provisions of Article VI, Section 9 of the Constitution of this church, this church, including any Synod of this church, cannot take any action that transfers, encumbers or establishes any control over any asset (including real property) owned by a Congregation, except by the provisions of the Congregation's Constitution."

We should not take any reassurance at all from this clause. Our bylaws already have clauses in it, see above and below, that gives the Synod sweeping powers over property and possessions and acceptance of this clause just cements this agreement.

Assuming that we are all using a near identical version of the "Approved Model Constitution for Congregations," if your church were to dissolve, or should your membership fall to a feebly low level, (Article V, Authority Section 5) the synod has the right to move in and take over all your possessions. Note: the Synod will decide when it is time for you to fold.

"Should this congregation cease to exist or should its membership so diminish in numbers as to render it impossible or impractical for the congregation to function according to its constitution and bylaws, the synod shall after consultation with any remaining members deem the congregation to be defunct. ......"

At present there is a clause in the bylaws allowing your congregation the right to sever from ELCiC - Part 4: Relationship to the ELCiC Section 5(25) and all you would need is a 2/3 majority of voting members. Of course, this freedom could be taken away at any time.

My personal opinion is that congregations need to have considerable autonomy restored. Secondly the bylaws need to be amended to be shortened and simplified. Thirdly, congregations should not be subservient to the Synod. It is advisable for every congregant/congregation under ELCiC and its Synods to have some understanding of the depth and scope of its bylaws and make his or her own decisions.