Assuming your congregation's constitution does not
predate the formation of the ELCA, *C5.04 applies:
*C5.04. This congregation shall elect
from among its voting members laypersons to serve as
voting members of the Synod Assembly as well as persons to
represent it at meetings of any conference, cluster,
coalition, or other area subdivision of which it is a
member. The number of persons to be elected by this
congregation and other qualifications shall be as
prescribed in guidelines established by the West
Virginia-Western Maryland Synod of the Evangelical
Lutheran Church in America.
*C5.02. The powers of this congregation
are vested in the Congregation Meeting called and
conducted as provided in this constitution and
bylaws.
*C5.03. Only such authority as is
delegated to the Congregation Council or other
organizational units in this congregation’s
governing documents is recognized. All remaining
authority is retained by this congregation. ...
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In light of *C5.02 and *C5.03, which reserve to the
Congregation Meeting those powers not delegated through
the congregation's governing documents to the Congregation
Council or others, the constitutional "default setting" is
election by the Congregation Meeting.
In your congregation, who elects voting members to Synod
Assembly?
- If your Congregation Meeting elects, and
- your congregation is happy with that, you can
probably stop reading now, but
- if your congregation is not happy with that, you can
create a rule that delegates authority to the
Congregation Council or the Executive Committee.
- If your Congregation Council elects, do your
congregation's governing documents (constitution,
bylaws, or continuing resolutions) contain a provision
authorizing Congregation Council to do so?
- If such a provision does exist,
- and your congregation is happy with that, you can
probably stop reading.
- If your congregation is not happy with that, amend
your governing documents by striking the provision;
this will return the election process to the
Congregation Meeting.
- If such a provision does not exist, and
- your congregation wants the Congregation Council
to continue electing the voting members to Synod
Assembly, you need to create a rule that delegates
that authority, but
- if you your congregation is not happy with the
Congregation Council electing voting members to
Synod Assembly, stop doing so and have the
Congregation Meeting elect.
- If your Executive Committee elects, what has been said
about the Congregation Council electing applies. Be sure
that any provisions adoped to delegate the election to
the Executive Committee state Executive Committee
and not Congregation Council.
- If your pastor or [vice] president appoints, stop
it! This is a really bad idea for a host of
reasons. Of course, your congregation is free to create
a rule that codifies this practice, as ill-advised as
that may be.
- If no one elects but members just volunteer and no one
in authority confirms it, stop it! This is an
even worse idea than the pastor or [vice] president
appointing.
Tradition is a poor substitute for codification in a
congregation's governing documents. Tradition can be
quasi-authoritative when governing documents are silent,
but when governing documents are explicit, tradition does
not take precedence. Since it is simple enough to codify
that which is practice, why not codify? Furthermore, why
would a congregation not want to follow the non-required
provisions of its own constitution when the congregation
has the freedom to amend them?
If your congregation wants to delegate the prerogative of
the Congregation Meeting to elect the congregation's
voting members to Synod Assembly, adopt as either a
constitutional provision, or a bylaw, or a continuing
resolution the following (or something similar):
The [Congregation Council][Executive Committee]
shall elect this congregation's voting members to Synod
Assembly.
or
In the event that the Congregation Meeting fails
to elect this congregation's voting members to Synod
Assembly, the [Congregation Council][Executive Committee]
shall do so.
Chose between Congregation Council and Executive
Committee; do not use both. Remember to remove the
brackets, and codify appropriately.
N.B., when adopting any change to the governing of
your congregation, follow the procedure outlined in your
constitution. If creating a provision delegating authority
is urgent, create a continuing resolution. This may even be
done by the Congregation Council.
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