Loe
Eesti keeles.
(These
Statutes were enacted as a law 1935 in Independent Estonia.
They have since, 1967 and 1974, been amended in due legal course
in exile.)
Constitution
of the
ESTONIAN
EVANGELICAL
LUTHERAN
CHURCH
(E.E.L.C.)
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Part
1. THE CHURCH
Chapter
1: Nature, Objectives, Tasks and Doctrines of the Church
Article
1.
The
Estonian
Evangelical
Lutheran
Church
is a free church of the people and is administered by its own autonomous
governing body All members of the congregations of the E.E.L.C. are its
members.
Article
2.
The
aims and tasks of the E.E.L.C. are to preach the word of God, to promote
the living faith and Christian love, to respond to religious, moral,
charitable and education needs, to undertake missionary work at home,
abroad and among seamen, and to guide, coordinate, assist and supervise
the work of its congregations and their officers.
Article
3.
Members of the congregations of the E.E.L.C. include all present members
and those who is in future will be accepted to membership according to
the Statutes and the Common Service Book, and their children under the
age of 16 or older if they have not cancelled their membership.
Article
4.
The teachings of the E.E.L.C. are based upon the prophetic and apostolic
scriptures in the Old and the New Testament, explained through
Apostolic, Nicean and Athanasian confessions, the unaltered confession
of
Augsburg
, and other teachings to be found in the Liber Concordiae.
Chapter
2: The Officials
Article 5.
The following are the clergy of the Church:
archbishop, bishop, deans, pastors, assistant pastors, vicars,
adjuncts and deacons. In
addition to the clergy, the Church and its congregations may appoint
officials such as parish clerks, organists, sisters, office workers and
others.
Article
6.
The archbishop, as the holder of the highest clerical office, is
responsible for the work of the whole Church; deans guide the work of
the church districts and are responsible to the archbishop; pastors
guide the work of their congregations and supervise such functions as
youth work, evangelical and missionary work and work in the diaspora,
and are responsible to the deans and the archbishop, Assistant pastors,
adjuncts and deacons are responsible to the archbishop, deans and the
pastors to whom they have been assigned.
Article
7.
The
members of the clergy give their oath of office to the archbishop in the
name of the Holy Trinity. The
oath of office may be combined with ordinations.
Article
8.
A
candidate for the office of pastor must have completed higher
theological education, must have passed the consistory examinations and
must have completed one year of probationary service in order to be
certified by the archbishop for candidacy and must be at least 25 years
of age. In exceptional
circumstances with the approval of the archbishop, the age requirement
can be waived if all other qualifications are met.
Article
9.
A
candidate for the office of dean must have served as pastor for at least
10 years and must be at least 35 years of age.
Only in exceptional circumstances may the consistory, on the
proposal of the archbishop, waive these requirements in appointing a
candidate to the office of acting dean.
Article
10.
A
candidate for the archbishop must be at least 40 years of age and must
have served as pastor, dean or member of the consistory for at least 15
years. The archbishop may
also be elected from among the ordained evangelical Lutheran members of
the theological faculty of the
University
of
Tartu
, provided the candidate is at least 40 years of age and has served for
15 years as pastor or as a member of the faculty.
Article
11.
Clerical
assessor members of the consistory must have the same qualifications as
the deans, as stated in Article 9; the bishop must have the same
qualifications as the archbishop, as stated in Article 10.
Article
12.
To be eligible for the office of parish-clerk, or organist, candidates
must have an adequate professional training and must be so certified by
the consistory on the proposal of the archbishop.
Article
13.
The
details on qualifications of the officials are determined through the
by-laws of the Church.
Article
14
Deans,
pastors, parish-clerks and organists are appointed by the consistory on
the proposal of the archbishop. The
consistory is notified of the election or appointment of other
officials. Approval of the
dean is required for the election of vicars in church districts;
approval of the pastor is required for election of pastoral adjuncts,
parish-clerks, organists and other officials of the congregations.
Chapter
3: Mandatory Services of the Church
Article
15. The E.E.L.C. has the
following mandatory services: church service, baptism, confirmation,
confession, holy communion (Sacrament of the Altar), church marriage,
burial, installation and investiture of the archbishop and bishop,
ordination of the clergy, installation (introduction) of dean and
pastor, installation of parish-clerk and other officials as determined
by the archbishop.
Article
16.
Procedure and content of the above, listed in article 15, and other
services will be detailed in the Common Service book, called the Agenda.
Chapter
4: Rights of the Church and
its Congregations
Article
17.
The
E.E.L.C. has the status of a legal (corporate) person and as such it
can sue and be sued in the courts of law, interact with agencies of the
government (state), conclude contracts and own real estate as well as
any other kind of property, and sell or mortgage the same.
Article
18.
Congregations which are truly registered as legal persons (incorporated)
have the same rights as stated in the previous article.
Chapter
5: Organization and Administration of the Church
Article
19.
The
E.E.L.C. consists of congregations and the congregations may have
sub-congregations. Congregations
may consist of separate chapters under a joint council and executive
board, but each chapter may have its own committee and executive solely
for the management of its own separate matters.
Congregations are joined into Church Districts, except such
congregations that are directly affiliated with the archbishop and the
consistory.
Article
20.
The Church and its congregations have the following organization:
1)
archbishop
2)
bishop
3)
consistory
4)
church concilium
5)
archepiscopal council
6)
church congress
7)
conference of theologians
8)
deans
9)
synods and councils of church districts
10)
pastoral conferences of church districts
11)
congresses of church districts
12)
pastors of congregations
13)
congregational assemblies, councils and executive boards
14)
retreats of congregations
15)
meetings of church officials
Chapter
6: Archbishop and Bishop
Article
21.
The archbishop is the highest ranking member of the clergy and guides
the entire work of the E.E.L.C.
Article
22.
The archbishop is elected with no fixed term by the church concilium
according to article 41.1.
Article
23.
The archbishop assumes his duties immediately after election; the
ceremonial investiture following later in accordance with the provisions
of the Common Service book.
Article
24.
The archbishop is assisted and represented by the bishop.
The bishop is elected with no fixed term by the church concilium
on the proposal of the archbishop.
If both the archbishop and the bishop are hindered from carrying out the
duties of the office, the duties of the archbishop are carried out by
the oldest member of the consistory at the seat of the consistory.
The bishop assumes his duties immediately after election; with
ceremonial investiture following later in accordance with the provisions
of the Common Service book.
Details of the duties of the bishop will be determined by the consistory
on the proposal of the archbishop.
When engaged in his official functions the bishop has the same rights
and the same duties as the archbishop.
The detailed description of the attire of the bishop is determined by a
by-law of the Church.
Article
25.
In guiding the church and its congregations, the duty and right of the
archbishop is to assure that the performance of official functions and
the personal conduct of pastors and other church officials is above
reproach, to give them pastoral support, and to undertake visitations to
the congregations.
The archbishop has the right to preach at any of the church services of
the E.E.L.C.
The archbishop’s duty is to ordain and install the clergy.
If he is hindered from doing that personally, he can delegate the
bishop, an appropriate dean, or another senior member of the clergy to
perform the required service.
The archbishop has the obligation to visit congregations in which a dean
is pastor as well as those which are directly affiliated with the
archbishop and the consistory. Visitations
take place according to the schedule adopted by the consistory.
The archbishop visits other congregations, according to need.
The archbishop has the right to dismiss a member of the clergy or any
other church official or employee. He can also transfer them to another
congregation or place. His
decisions are final.
The archbishop approves the candidates for the ministry and for the
position of parish clerks.
On special occasions the archbishop prescribes the text for sermons,
especially on Penitence Day, Thanksgiving Day, Reformation Day and All
Saints Day. He can also
require special church services in addition to the regular services on
Sundays and Holy days.
The archbishop authorizes vacations for deans and pastors up to one
month.
On the proposal of the consistory, the archbishop decides questions of
pardons.
Article
26.
Visitations to the congregations in which the archbishop himself is
pastor are undertaken by a special commission appointed by the
consistory.
Article
27.
The archbishop informs the consistory of all his important decisions.
Article
28.
At ceremonial services and other special occasions, the archbishop wears
his official vestment: alb, coloured belts, black ornament, white
collar, the gold cross of the archbishop, episcopal staff and mitre.
At other services he wears the attire of a pastor with the gold
cross of the archbishop.
Article
29.
The official seal of the archbishop carries the following title:
“Sigillum Archepiscopi Evang. Luth. Per Estonian”.
Article
30.
The duties of the archbishop are terminated:
1)
by death,
2)
by resignation.
Chapter
7: Church Concilium
Article
31. The concilium is the
highest legislative organ of the E.E.L.C.
It can issue by-laws and ordinances with binding force upon the
Church and the congregations.
Article
32.
Voting
members of the concilium are:
1)
archbishop
2)
bishop
3)
members of the consistory
4)
congregations through their executive boards, each congregation having
one vote.
Article
33.
Decision-making is by written ballot.
The consistory forwards proposals which have been adopted by its
plenary session to the members of the concilium.
The consistory counts the ballots and promulgates the majority
decision as the decision of the concilium.
Decisions are made by the majority of those voting.
Decisions concerning the real estate, objects of historical or cultural
value, and amendments to the Statutes require a two-thirds majority of
all members of the concilium.
Article
34.
The following matters must be decided by the concilium:
1) election of archbishop and bishop
2)
salary and pension of archbishop and bishop
3)
appointment of the members of the consistory on proposal of the
archbishop
4)
election of members of the auditing commission
5)
approval of budget and audit of the Church
6)
estimates of membership fees of the Church
7)
enactment of by-laws and ordinances, discussion of important matters,
especially proposals by the archbishop or consistory, and directives to
the consistory and other organs and officials of the Church.
8)
discussion and amendment of the Statutes of the E.E.L.C.
9)
creation and dissolution of church districts
10)
all decisions affecting the real estate and objects of historical and
cultural value belonging to the Church.
Article
35.
Decisions of the concilium are recorded in the minutes of the consistory
and are published in a circular letter by the consistory and in “
Estonian
Church
”, the official journal of the E.E.L.C.
Article
36.
Each member of the concilium can make proposals to the concilium through
the consistory; proposals having to be accompanied by explanation of
intent.
Article
37.
The archbishop can defer the implementation of the decisions of the
concilium, except decisions on complaints against the archbishop
himself. Deferred decisions
must be presented to the next concilium for a new decision, which is
final.
Chapter
8: Consistory
Article
38.
The consistory is the administrative organ of the E.E.L.C.
It consists of the archbishop as its president, the bishop as his
deputy, a lay vice-president, and at most seven assessors.
The archbishop can assign to each member of the consistory a
special sector of church functions for his supervision.
Article
39.
Members of the consistory are appointed by the concilium on the proposal
of the archbishop.
A member of the consistory can leave his office by resignation or on the
proposal of the archbishop, in which case the archbishop must inform the
concilium.
The offices of all members of the consistory terminate with the election
of a new archbishop.
Article
40.
Members of the consistory are appointed for a five-year term.
The term of a member replacing another who has resigned or has
been dismissed ends with the normal term of the latter.
Article
41.
The consistory decides all questions pertinent to the administration of
the Church, including financial and current matters.
It also is responsible to ensure that the teaching by pastors and
their subordinates is in accord with the prescriptions in article 4 of
these Statutes.
The following matters are specifically within the competence of the
consistory:
1) the presentation of a candidate or candidates for archbishop for
election by the concilium, taking into consideration the opinion of the
concilium.
2)
making proposals to the concilium for decision-making
3)
determining the results of balloting by the concilium and implementation
of these decisions
4)
assuring that the Evangelical Lutheran teaching founded upon the Holy
Scriptures and other pertinent sources is undiluted, and that the church
services and sacraments are in accord with the prescriptions in the
Agenda.
5)
supervising the work and conduct of pastors and pastoral candidates
6)
regulation and supervision of services and teaching of religion to the
Evangelical Lutheran youth
7)
on the proposal of the archbishop, establishing the system of
examinations and probation, examination of the pastoral candidates for
their accreditation pro venia concionandi and pro ministerio
8)
on the proposal of the archbishop supervising the ordination,
installation, investiture and dismissal of pastors
9)
establishing qualifications, examination and accreditation of parish
clerks and organists, and their appointment and dismissal
10)
on the proposal of the archbishop, appointing and dismissing deans and
the dep. Deans
11)
issuance of accreditation letters to pastors and deans
12)
approving vacations for pastors and deans in excess of one month
13)
approving merit rewards to church officials for exceptional services
14)
scheduling visitations and supervising that the visitations are properly
carried out
15)
asking the executive boards of congregations to convene special meetings
of councils or assemblies
16)
approval of the decisions of congregational meetings and councils
17)
creation of new congregations; creation and liquidation of the
congregational chapters
18)
designation of congregations into church districts
19)
proposing to the concilium creation of new church districts
20)
supervision of pension and assistance funds of church officials, their
widows and orphans
21)
supervision of the management of properties of the E.E.L.C.
22)
establishment and maintenance of relations with other churches
23)
supervision of the activities of church organizations
24)
approval of budgets and audits of church organizations
25)
supervision over the organizations of the congregations
26)
all other functions in the administration of the Church which are not by
law or by these Statutes assigned to any other organ of the Church.
Article
42.
The consistory represents the Church in its role as a legal person at
the agencies of the government and at the courts of law.
Its seat coincides with the residence of the archbishop.
The consistory does not need any special authorization for
carrying out the functions which are stated in these Statutes.
The consistory can delegate its authority for purposes of
representation at governmental agencies, at the courts, for management
of properties and for writing of contracts.
Its official letters, documents, contracts and authorizations are
signed by the archbishop or, for him, by the bishop or the
vice-president of the consistory, and by the secretary-general or his
deputy.
Article
43.
In
emergencies, when a decision by the concilium is not possible, the
consistory can on approval of the archbishop enact binding rules, but
those rules must be presented for ratification at the next concilium.
Article
44.
The
consistory can defer the implementation of decisions and regulations of
church councils and executive boards of congregations and ask for their
reconsideration. The
consistory can also dissolve the councils and executive boards of
congregations and dismiss their individual members, asking for
replacements by election or temporarily appointing the replacements
until the regular elections.
Article
45.
The archbishop can give instructions to the members of the consistory in
matters which have been assigned to their supervision.
Article
46.
Sessions of the consistory are convened by the archbishop or by the
vice-president of the consistory or by their deputies.
Article
47.
The consistory has two kinds of sessions:
partial sessions and plenary sessions.
The archbishop, bishop, vice-president and, if necessary,
assessors concerned with the subject matter under discussion,
participate in the partial sessions.
A quorum is at least three members, including either the
archbishop or his deputy, or vice-president or his deputy.
Church
budget, audit, by-laws, ordinances and other regulations, and
appointment of the deans must be dealt with at plenary sessions.
Article
48.
At least half of the members of the consistory, including either the
archbishop or his deputy, or vice-president or his deputy, make the
quorum for plenary sessions.
Article
49.
Decisions are made by the majority vote of the members present. In case
of a tie vote, the vote of the presiding officer is decisive.
Decisions are recorded and the minutes are signed by all who are
present.
Article
50.
The archbishop can make decisions on behalf of the partial sessions in
case of emergency but he has to report these to the next session of the
consistory.
Article
51.
The sessions are presided over by either the archbishop or his deputy,
or, in their absence, the vice-president or his deputy.
The secretary-general of the consistory keeps the minutes.
Article
52.
Sessions of consistory are in private (closed), except ceremonial
sessions which the consistory itself can declare to be public (open).
Article
53.
For special tasks, the consistory can create special commissions to
which, besides the members of the consistory, can be elected any member
of the E.E.L.C. who is in good standing. Commissions
work in accordance with instructions given them by the consistory.
Article
54.
The consistory determines the rules of procedure for the consistory as
well as for the special commissions.
Article
55.
The consistory has an official seal with the following title:
“Consistory of the Estonian
Evangelical
Lutheran
Church
”.
Article
56.
The consistory must keep a list of congregations with information on
each congregation about how many fee-paying members they have and how
many of them have paid their membership fee.
Article
57.
The consistory must keep a record of service for all clergy, parish
clerks and organists, and a list of all other church officials.
Article
58.
The clergy assessors of the consistory have the attire of pastors,
except at ceremonial services and on special occasions when acting in
official capacity they wear a white collar instead of the white tie and
wear the gold cross of the consistory assessor.
The bishop can defer implementation of the decisions of the consistory.
Chapter
9: Archepiscopal Council
Article
60.
The archepiscopal council consists of the archbishop, bishop, members of
the consistory, deans or acting deans, and one lay member from each
district. The later are
elected by the district synod or in extraordinary circumstances by the
district council.
The archbishop can invite other officials and expert members of the
church to attend sittings of the archepiscopal council.
Article
61.
The archbishop convenes the archepiscopal council according to need and
presides over it.
The vice-chairman and secretary are elected by the council.
Article
62.
The sessions of the archepiscopal council are of two kinds:
partial and plenary. The
partial sessions are attended by all clergy members of the archepiscopal
council. The task of the
partial session is to interpret theological issues as the highest
authority and to discuss matters presented by the archbishop, especially
those matters within the competence of the conference of theologians and
of district clergy meetings.
The
plenary sessions are attended by all members of the archepiscopal
council. The task of the
plenary session is to discuss all important matters of principle
concerning church life. The
minutes of the archepiscopal council are to be presented to the
consistory for the information of its members.
Chapter
10: Conference of Theologians
Article 63.
Members of the conference of theologians with the right to vote are
pastors of the E.E.L.C. and other theologians with higher education who
are in the service of the church, and all pastors emeritii.
Members without vote are other members of the E.E.L.C. with higher
theological education.
Article
64.
The conference of theologians is convened by its chairman or his deputy,
who are elected by the conference from among its members for five-year
terms. The quorum of the
conference is at least one-fourth of its voting members.
Article
65.
The executive committee of the conference is elected by the conference
and consists of the chairman and two assistant chairmen, of whom one is
the deputy of the chairman and the other is the treasurer, and the
secretary.
Article
66.
The decisions of the conference of theologians are recorded in the
minutes and signed by the members of the executive committee.
Article
67.
The function of the conference of theologians is to discuss the issues
of teaching and liturgy.
Article
68.
The archbishop is informed of the decisions of the conference and must
receive the minutes within a month from the date of the conference.
Chapter
11: Church Congress
Article
69.
The church congress is convened by the archbishop according to need and
its function is to discuss the most important issues in principle, to
review the status of the church, and to deal with current problems of
importance.
Article
70.
The agenda of the congress is set by the consistory on the proposal of
the archepiscopal council.
Article
71.
The Church congress adjourns after the agenda has been dealt with or
when the archbishop so requires.
Article
72.
The congress is presided over by the archbishop or his deputy.
In addition, the congress elects for the duration of the session
associate presiding officers, secretaries and commissions as needed.
Article
73.
Decisions of the congress are decisions only in principle, of which the
archbishop must be informed, and he informs the consistory, church
concilium and archepiscopal council.
The minutes of the congress are passed to the archbishop within two
months.
Article
74.
The Church congress is opened and closed with church services.
Article
75.
Voting members of the church congress are:
1)
archbishop and bishop
2)
members of the consistory
3)
deans
4)
all pastors
5)
parish clerks
6)
three representatives elected from each council
7)
one delegate elected by each congregational assembly
8)
all emeritii officials
All
other officials and employees of the Church and its active members can
participate in the congress and the presiding officers may recognize
their right to speak from the floor.
Article
76.
The Church congress has no set quorum.
Decisions are made by a simple majority vote.
In case of a tie vote the presiding officer can break the tie.
Chapter
12: Organizations Affiliated
with the Church
Article
77.
For special tasks the Church can establish special organizations, such
as organizations for missionary work at home, abroad or among seamen,
for work in the diaspora or among the youth, a secretariat of church
music and others.
Regulations,
programmes, reports and budgets of these organizations are
approved by the consistory on the proposal of the archbishop.
Article
78.
Regulations, budgets and reports of similar organizations at the level
of congregations or church districts are approved by congregational
councils or synods of the church districts respectively.
Article
79.
The archbishop can convene meetings of officials of the Church and for
that purpose invite either all or only certain officials of the Church.
The agenda for such meetings is set by the consistory on the
proposal of the archbishop.
Chapter
13: Revenues of the Church, Manager of Properties
Article
80.
The sources of church revenue are: Income
from church properties, donations and bequests to the church,
assessments from congregations, and other incomes within the law.
Article
81.
Assessments from congregations are determined by the church concilium.
Congregations are responsible for regular payments of their
contributions; the due dates of which are June 30 and December 31 each
year.
Article
82.
The consistory is responsible for management of economic, pensionary and
financial matters of the Church. In
these matters, the consistory is assisted by the economic council which
is headed by the assessor for economic matters of the consistory.
Article
83.
The economic council, in addition to the assessor for economic matters,
consists of at least two members who are appointed by the consistory.
Article
84.
The economic council is convened and presided over by the assessor for
economic matters.
The assessor for economic matters informs the archbishop of the meetings
and their agenda. If
necessary the archbishop informs the consistory thereof.
Article
85.
The assessor for economic matters can invite experts to the meetings of
the council.
Article
86.
The minutes of the economic council are signed by all who are present
and forwarded to the consistory.
Article
87.
The economic council can deal with any economic questions.
Article
88.
The consistory, together with the archbishop, is not prohibited from
making decisions on matters which have not been discussed in the
economic council.
Article
89.
The Church can have pension and other special funds which are supervised
by the assessor for economic matters.
The structures and operation of the funds are established through
by-laws of the Church.
Chapter
14: Auditing Commission
Article 90.
The auditing commission undertakes the audit of economic management by
the consistory in general; specifically it audits financial
transactions, management of pension and other funds, cash disbursements
and corresponding documents, financial ledgers and reports.
The auditing commission is elected by the church concilium for
each year and consists of at least three members, among them a chairman;
and an equal number of substitute members.
Article
91.
Except for the office of chairman, the other offices in the commission
are decided by the members themselves.
The quorum for the meetings of the commission is at least three
members or substitutes.
Article
92.
Findings of the commission are recorded in the minutes of the commission
and signed by the members present. The
auditing commission reports to the church concilium through the
consistory.
Article
93.
The consistory can appoint resident-instructors for auditing and
advising congregations, church districts and affiliated organizations on
matters of economic management and on their economic relations with the
consistory. Instructions for
the procedures are given by the consistory.
Part
II: THE CONGREGATIONS OF THE CHURCH AND DISTRICTS
Chapter
15: The Offices of the Congregation
Article 94.
The spiritual leader of the congregation is the pastor, whose duty it is
to hold divine services and to perform other religious functions.
He is assisted by a parish-clerk and, where needed, an adjunct
pastor. Religious duties not
prescribed solely for pastors may be performed by other persons on the
authorization of the pastor. Other
clergy may serve within the boundaries of the congregation only on the
authorization of the pastor; but the archbishop, bishop and the district
dean have that right by virtue of their office.
No one may conduct funeral services or other services of the
Evangelical
Lutheran
Church
within the boundaries of the congregation without the consent of the
pastor.
The pastor is obliged to fulfil the instructions of the archbishop, the
dean, or the consistory, always remembering that he is directly
responsible to them.
Article
95.
It is the responsibility of the pastor to keep the parish registers and
to issue statements and certificates as required or directed.
The pastor submits reports of parish activities to the district
dean at the times designated by the consistory.
Article
96.
The pastor is elected by the congregational meeting from among the
candidates nominated by the congregational council, these candidates
having the consent of the consistory on the proposal of the archbishop.
The council may nominate not more than three candidates.
Before the balloting, the congregational council must determine
the salary of the pastor, which must be approved by the consistory.
Article
97.
The official vestment of the pastor consists of a wide, black woollen or
silken robe, a white neck-tie with two parts that hang down over his
chest, a silver pectoral cross and a velvet beret, which is worn only
outside the church.
The cross and chain are in the style of the plain Latin passion cross,
in silver, with Christ’s monogram and the letters Alpha and Omega in
gold on the front. The cross
is supplied by the consistory according to the fixed design.
At the service of ordination of a pastor, the presiding clergyman places
the cross around the neck of the ordainee.
The official cross is worn at each pastoral function.
Article
98.
Each parish pastor has a seal of office approved by the consistory.
Article
99.
The assistant pastor is elected by the congregational council, with the
consent of the pastor, from among not more than three candidates
approved by the archbishop and the consistory.
The pastor may have a personal adjunct pastor, whose salary he
must pay himself, provided he obtains the consent of the congregational
council.
Article
100.
The parish-clerk is elected by the congregational council from among not
more than three candidates who have the approval of the consistory upon
the proposal of the archbishop. The
parish-clerk is installed in office by the local pastor.
Chapter
16: The Congregational Meeting
Article
101.
All adult confirmed members of the congregation who have paid their
annual membership fees to the congregation and who have been on the
membership roll for at least one year may attend the congregational
meeting.
Article
102.
The congregational meeting is called by the congregational council
officers on the authority of the council at least once every five years.
The procedures for calling the meeting are to be determined by
the congregational council. The
notice of meeting is to include the time, place and agenda of the
meeting as well as the wording of Article 101 of these statutes.
The meeting is called to order and chaired by the president of
the congregational council or his deputy.
Minutes are written by the secretary of the council or his
deputy.
Article
103.
A congregational meeting which has been properly announced and called to
order is deemed to have decision-making powers regardless of how many
members attend.
Article
104.
Decisions of the congregational meeting are made by majority vote.
The pastor and members of the congregational council are elected
by secret ballot. The
minutes of the meeting are signed by the chairman, the secretary and
three persons authorized by the meeting The election of the pastor and
the congregational council may be organized on the basis of regional
balloting by order of the consistory.
Article
105.
The congregational meeting elects the pastor, the members of the
congregational council and their alternates and delegates to the church
congress.
Article
106.
The decisions of the congregational meeting are subject to the approval
of the consistory.
Chapter
17: The Congregational Council
Article
107.
The congregational council consists of 10 to 30 members, with a suitable
number of alternates. Before
elections, the council determines the number of members and alternates
to be elected. The pastor
and the parish-clerk are automatically members of the council.
Article
108.
Candidates for election to the congregational council are to be
nominated by the executive four weeks before the election.
Members of the congregation in good standing may also nominate
candidates. Nominations are
to be in writing, signed by at least 15 and not more than 25 members of
the congregation, and must be filed with the executive of the council at
least 30 days before the election. Each
member of the congregation may sign only one nomination form.
Article
109
Candidates nominated for election to the congregational council must be
members of the congregation in good standing, at least 21 years of age,
must satisfy the requirements of religious and moral behaviour, and be
able to fulfil the obligations of Article 115 of these statutes.
Article
110.
Members are elected by majority vote.
If any two candidates receive an equal number of votes, the older
candidate is declared elected.
Article
111.
The election of congregational council members is subject to the
approval of consistory and their term of office begins immediately upon
such approval.
The names of elected members are announced to the congregation.
In the case that a member leaves the council, the alternate with
the largest number of votes replaces him.
The new member’s term of office expires at the end of the
departed member’s term.
Article
112.
Any member or officer of the congregational council who is deemed not
fit for church work can be expelled from his office by the pastor, the
dean or the archbishop. The
alternate with the largest number of votes replaces him.
Article
113.
The consistory has the right to call new elections to the congregational
council whenever the council does not fulfill its duties or hinders the
life of the congregation.
The consistory also has the right to call new elections when the
membership of the council drops to less than two-thirds of the fixed
number of members. In the
first case, the procedure for the nomination of new members is
established by the consistory.
Article
114.
The members of the congregational council are elected for terms not to
exceed five years.
Article
115.
The duties and rights of the congregational council are as follows:
1)
To assist the pastor in the spiritual and moral affairs of the
congregation.
2)
To supervise the financial affairs of the congregation and to maintain
the upkeep of church officials.
3)
To prepare annual budgets and financial reports and to present these to
the consistory for approval.
4)
To undertake any required mortgages, exchanges or leasing of the real
estate or other church properties and assets with historical or cultural
value for periods of more than six years, with the approval of the
consistory.
5)
To care for the sick and the poor of the parish.
6)
To keep good order in the church and church buildings an to see that
these buildings are not used for the purposes contrary to the teachings
and aims of the church.
7)
To organize the election of the pastor and to propose candidates for
this office.
8)
To organize the election of the parish-clerk.
9)
To elect any required representatives, with the exception of positions
mentioned in Article 105, and to elect an auditing committee.
10)
To determine the annual fees of the congregation and to organize
collection procedures.
11)
To examine complaints concerning the roll of voting members prepared by
the congregational officers.
12)
To ensure that only members in good standing attend the congregational
meetings.
13)
To elect the assistant pastor and to approve the appointment of the
pastor’s personal adjunct.
14)
To organize the congregational meetings.
Article
116.
For special tasks, the congregational council may establish
sub-committees whose members may be either members of the council or of
the congregation at large.
Article
117.
The officers of the congregational council are authorized to call
meetings of the council as need arises, but there must be at least one
meeting each year. Decisions
by the council are by majority vote.
In the case of a split vote, the chairman’s vote is decisive,
except in the case of elections, when a lot is to be cast.
Elections within the council are decided by open vote, unless more than
one-fifth of the members ask for a different procedure.
Decisions of the council are considered official if at least one-third
of the members are present at a meeting, including the president or his
deputy.
All decisions of the church council are submitted to the consistory for
approval.
Chapter
18: The Executive of the Congregation
Article
118.
The executive officers of the congregation are elected from the members
of the congregational council for terms not exceeding five years, and
are: the president,
vice-president, treasurer, secretary and one member-at-large.
The pastor is automatically a member of the executive.
The executive board is authorized to make decisions when there is a
quorum of at least three members, including the president or his deputy.
The president is also president of the congregational council and
the secretary is also the council’s secretary.
Article
119.
The duties of the executive board are as follows:
1) To manage the properties and assets of the congregation and to
determine their use.
2)
To prepare motions requiring the attention of the council.
3)
To propose candidates for election to the council.
4)
To call the congregational meeting on the authorization of the council.
5)
To keep the financial books of the congregation.
6)
To hire and install clerical workers and to regulate their holidays,
including those of the parish clerk, but excluding the pastor.
7)
To attend to all other matters not requiring the attention of the
council or the congregational meeting.
Article
120.
The executive has its own seal, approved by the consistory.
Article
121.
The executive board is the legal representative of the congregation and
requires no special authorization to this effect.
It may delegate its rights on its own volition.
Official documents are signed by the president or his deputy, and
the secretary and the pastor.
Chapter
19: Enrollment of New Members; Resignation or Expulsion of Members from
the Church Roll
Article
122.
New members are received into the church by the pastor.
Article
123.
The procedure for enrolling new members is given in the Common Service
book and the by-laws of the church.
Article
124.
Anyone may terminate his membership in the congregation by submitting of
his own free will a written statement to the pastor.
The pastor may require verification of the signature.
Upon terminating his membership, a member must pay all
outstanding fees to the church and to the congregation, including those
of the current year. Unless
decided differently, all children under 16 years of age of parents who
leave the church are also to be considered non-members.
Should a child be without parents, termination of church
membership or entrance into another congregation is decided by the
child’s guardians.
Article
125.
A member who is in contempt of the church or who reviles Christianity
may be expelled from the congregation by the congregational council on
the recommendation of the pastor or the executive board.
Expulsion is decided by majority vote.
A member may also be expelled for an immoral or offensive
lifestyle or actions.
Chapter
20: Income of the Congregation
Article
126.
A congregation receives its income from its properties annual fees,
collections, sale of religious literature, donations, bequests, official
duties and from any other source allowed by the constitution of the
E.E.L.C.
Chapter
21: The Auditing Committee of the Congregation
Article
127.
The church council elects yearly from its membership an auditing
committee consisting of at least three members and their alternatives.
The duty of the committee is to oversee the activities of the
executive board and to audit all financial statements, documents,
bookkeeping records and reports.
Article
128.
The elected members of the auditing committee determine the chairing of
their functions themselves. Their
decisions are considered official when made by three members.
Article
129.
The results of an audit are written into the minutes of the committee
and signed by all members who took part in the audit.
Their report is presented to the congregational council.
Article
130.
The consistory has the right to audit every congregation, using its own
auditors.
Chapter
22: Retreats of the Congregation
Article
131.
The pastor may organize congregational retreats in order to discuss in
principle any problems of activities of the congregation.
Article
132.
The guidelines and organization of retreats are specified by the
consistory.
Article
133.
The retreat is chaired by the pastor.
Assistants may be elected as required.
Minutes are taken and submitted by the pastor to the archbishop
via the dean’s office.
Chapter
23: The Districts.
Article
134.
The church concilium has the right to organize, amalgamate or liquidate
the districts, on the proposal of the consistory.
The consistory, on the proposal of the archbishop, has the right
to designate which congregations belong to any district.
Article
135.
The dean is the head of the district.
In the case of absence or illness, his duties are carried out by
the assistant dean.
Article
136.
The dean and assistant dean are elected by the synod of the church
district from among the pastors of the district and are confirmed in
their office by the consistory on the proposal of the archbishop.
Article
137.
The term of office for the dean and assistant dean is five years.
Article
138.
The rights and duties of the dean are as follows:
1) To be spiritual guide to his district pastors and other church
workers.
2)
To advise and assist all his district pastors and church workers in the
fulfillment of their duties.
3)
To supervise and guide his district pastors and church workers in their
official tasks and moral life.
4)
To visit his congregations and inspect their services, requiring from
pastors the outline of their sermons.
5)
To inspect his district congregations to ensure conformity to the
by-laws of the church.
6)
To settle by admonition and guidance all misunderstandings and problems
that may arise in his district congregations.
7)
To conduct investigations and where necessary to discipline his district
pastors and other church workers.
8)
To grant vacations to his pastors, up to seven days.
9)
To provide all necessary information about the church life of his
district to the archbishop and the consistory.
11)
[sic] To organize meetings of his district pastors to discuss matters of
theology, pastoral work, mission work, youth work, etc.
12)
To organize and call the synods of his district.
13)
To organize meetings of church workers in his district to discuss
problems in their work.
14)
To submit a report about his and his district’s church work to the
archbishop on the date set by the consistory.
15)
To conscientiously fulfill the tasks and instructions given by the
archbishop and the consistory, remembering that his office is directly
responsible to them.
16)
To organize and guide church life in those of his district congregations
which do not have a pastor.
Article
139.
The dean is responsible for calling the district congress to discuss
problems that may arise in his district church life.
He or his assistant chairs the congress.
The participants in a district congress are designated by the
church by-law.
Minutes are taken at a district congress and are submitted to the
archbishop by the dean.
Article
140.
The dean is assisted in his duties by a district council consisting of
the dean, the assistant dean and three members elected by the district
synod, one of whom shall be secretary and another the treasurer.
Article
141.
In all official correspondence, the dean uses a seal approved by the
consistory.
Article
142.
At church services and in the performance of pastoral duties, the dean
wears the same vestment as a pastor.
On official occasions and at ceremonial services, he wears a
white collar instead of the pastor’s two-part tie, and the dean’s
gold cross.
Article
143.
The highest decision-making body of the district is the synod.
Article
144.
Voting members of the synod are all district pastors, parish-clerks and
two members from the executive boards of each congregation, elected for
this purpose by the council of each congregation.
Associate congregations are represented by their pastors,
parish-clerks and one member from their executive boards, provided such
boards exist.
If a parish has several associate congregations with their own pastors,
then each associate congregation is represented at the synod by its
pastor, parish-clerk and two members of its executive board.
These representatives are accorded full voting privileges.
Vicars, adjuncts, pastors emeriti and pastoral candidates may attend the
synod with speaking privileges.
The archbishop and the members of the consistory may attend the synod
and make motions. The
archbishop and bishop have voting rights at the synod.
Article
145.
Sessions of the synod are closed to the public unless the synod decides
differently. Visitors may
attend the synod with the dean’s permission and have the right to
speak from the floor.
Article
146.
The term of the elected members of the synod is determined by the
council of each congregation. If
a member of the synod leaves his office before completion of his term,
his term is to be completed by his alternate.
Article
147.
The synod is convened by the dean at least once every year.
The dean is responsible for notifying all the executive of his
district congregations at least two weeks before the synod, providing
details about the synod’s time, place and agenda.
Article
148.
The synod is opened and closed by the dean, who also acts as chairman of
the synod. The synod elects
its deputy chairman and secretaries.
The synod begins and ends its work with hymns and prayers.
Article
149.
The dean is responsible for the organization of the synod and for
putting its decisions into effect.
Article
150.
The synod is empowered to make decisions when at least one-fifth of its
members are present. Decisions
are made by majority vote, with the chairman casting the decisive vote
in the case of a split vote. In
the case of elections, a lot is cast to decide a split vote.
Minutes must be kept and these are to be signed by the officials
of the meeting. The dean is
to submit within one month of the synod a copy of the minutes of the
meeting to the consistory via the archbishop’s office.
The minutes and all other documents relating to the synod are
kept in the archive of the dean.
Article
151.
The duties of the synod are as follows:
1) To elect the dean and assistant dean.
2)
To discuss and decide all motions received from the archbishop and
consistory.
3)
To propose motions to the archbishop and consistory.
4)
To discuss the motions of the dean.
5)
To approve the report of the district.
6)
To discuss and decide all motions raised in regard to the district.
7)
To establish and to support agencies for charity work.
8)
To set fees for the support of the district.
9)
To approve the financial reports and budgets of the district.
10)
To study and discuss matters of religion and morals.
11)
To establish and elect an auditing committee and other necessary
agencies.
Article
152.
Decisions of the synod are subject to the approval of the consistory on
the proposal of the archbishop.
Decisions of the synod are binding on the entire district, all its
congregations and officials.
Article
153.
The archbishop may veto all decisions and motions of the district and
return them for further study and consideration.
End
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page was last edited on September 17, 2017 02:38 PM
