Memorial Church

Memorial United Church of Christ

CONSTITUTION

Article I - NAME

The name of this church shall be Memorial of the United Church of Christ, located at 2338 East Fifth Street, Dayton, State of Ohio.

Article II- PURPOSE

The avowed purpose of this church shall be to worship God, to preach the gospel of Jesus Christ, and to celebrate the Sacraments; to realize Christian fellowship and unity within this church and the Church Universal; to render loving service toward mankind; and to strive for righteousness, justice, and peace.

Article III - POLICY

1. This church shall be a part of the United Church of Christ and it shall sustain that relationship to the United Church of Christ described in those portions of the Constitution and By-Laws of the United Church of Christ adopted July 4, 1961, relating to local churches.

2. The government of this church is vested in its members, who exercise the right of control in all its affairs, subject, however, to Laws of the State of Ohio relating to (corporations not for profit or ecclesiastical corporations).

Article 1V- FAITH AND COVENANT

1. Faith - This church acknowledges as its sole Head, Jesus Christ, the son of God and the Savior of man. It acknowledges as brothers in Christ all who share in this confession. It looks to the Word of God in the Scriptures, and to the presence and power of the Holy Spirit, to prosper its creative and redemptive work in the world. It claims as its own the faith of the historic Church expressed in the ancient creeds and reclaimed in the basic insights of the Protestant Reformers. It affirms the responsibility of the Church in each generation to make this faith its own. In accordance with the teaching of our Lord and the Practice prevailing among evangelic Christians, it recognizes two Sacraments: Baptism, and the Lord’s Supper or Holy Communion.

2. Covenant - We covenant one with another to seek and respond to the Word and the will of God. We purpose to walk together in the ways of the Lord, made known to us. We hold it to be the mission of the Church to witness to the gospel of Jesus Christ in all the world, while worshipping God, and striving for truth, justice, and peace. As did our fathers, we depend on the Holy Spirit to lead and empower us. We pray for the coming of the Kingdom of God, and we look with faith toward the triumph of righteousness and eternal life.

Article V - THE MISSION (1)

The mission of Memorial United Church of Christ will be to assist in providing the basic necessities of life for our membership and our community. These things shall be provided in the physical sense, but shall be rooted in the spiritual understandings as taught by our Lord, Jesus Christ. In that context our primary work shall be to feed our neighbors with the "bread of life", to enable them to drink from the waters of "righteousness", and clothe them in the garments of "dignity" and "self-esteem". It shall be our commitment to bring our neighbors to a decision to confess Jesus Christ as their Lord and Savior and to find shelter, strength and comfort in the House of Faith.

It is apparent that this work cannot be accomplished by ourselves. It shall be our purpose and mission to expand our understanding of the word "neighbor". We shall seek to unite in this work with the churches in our neighborhood, for they are also our neighbors. We shall continue to enlist the support of churches in our suburban neighborhoods that are also our neighbors. In this fashion we may learn what it truly means to be "One Body of Christ". But most importantly, we must enlist the residents of our community to work with us in a common partnership as fellow laborers in the Lord’s vineyard.

Finally, it is important to continue to seek to address the issues of the world community. While our impact in these areas may be limited, we must always look beyond ourselves and into the larger community. It is to these ends that we dedicate the life and work of this fellowship.

Article VI- MEMBERSHIP

1. Membership in this church shall be open to any person who has been baptized, has been confirmed, or has made public confession of faith in Jesus Christ as Lord and Savior. In accordance with the gospel covenant which binds into a unity faithful people of all ages, tongues and races, membership is open to all without regard to sex, race or color.

2. Members shall pledge themselves to attend the regular worship of the church and the celebration of the Lord’s Supper; to live the Christian life; to share in the life and the work of the church; to contribute to its support and benevolences; and to seek diligently the spiritual welfare of the membership and the community.

3. Any member may, on his/her own request, be granted a letter of transfer. If wishing to join a body not in fellowship with this church, he/she may be dismissed with a certificate of Church membership. If, because of change of faith or for other reasons not involving unchristian conduct, a member requests in writing to be released from his/her membership obligations, the church shall patiently endeavor to secure his/her continuance in its fellowship; but failing in such effort, the church may grant the request and terminate his/her membership. Such a request shall be approved by the Senior Pastor and the Consistory, and the Secretary of the Church shall issue the appropriate letter of release.

4. A member whose address has long been unknown or who for a period of two tears, in spite spiritual care, has not attended the church’s worship or contributed to its support, may, by recommendation of the board or Committee of Fellowship and vote of the Consistory, be removed from the membership roll and placed on a conditional list. If, after the expiration of a year, the relationship remains unchanged, the name may be dropped from the constitutional roll by a further vote of the Consistory

5. If a member persistently breaches his/her covenant vows, the Elders and/or Deacons after due notice has been given to him/her, a hearing before the Consistory has been offered him/her, and faithful efforts have been made to bring him/her to amendment in accordance with the law of Christ, may censure him/her, or suspend or terminate his/her membership.

Article VII - GOVERNING BODY

1. The governing body of this church shall be the membership assembled in church meeting. The vote of majority of members present at the meeting shall be the action of the church. A quorum shall consist of 20% of the members.

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3. The President of the Consistory shall be the President of the Governing Body. The President shall vote only in case of a tie.

    

Article VIII- CONSISTORY

1. The Consistory shall be the executive body of the church. It shall be composed of the Pastor or pastors, the Elders and Deacons. A quorum of the Consistory shall consist of the number of members present, not to be less than eight people. A Consistory member may not miss more than four consecutive regularly scheduled meetings before h/she is removed from the Consistory.

2. The Consistory shall organize itself each year, electing a President, a Vice-President, and a Secretary; and shall form such boards or committees as will serve to further the purpose of the church.

Christian Education Property
Evangelism Worship
Stewardship Ushers & Greeters

3. Nominations shall be made for the offices of Elders and/or deacons by a committee appointed each year by the Consistory. The nominees will be voted on and elected by the church at the annual meeting. Public notice of such nominations shall be given from the pulpit or by bulletin or letter at least two week before the election. Other nominations may be made from the floor at the meeting at which the election is held.

4. When elected, the Elders and/or Deacons shall be publicly ordained to or installed in their respective offices within two weeks.

5. Vacancies on the Consistory shall be filled by the Consistory for the unexpired terms. Vacancies will be filled as they occur. Individuals filling vacancies will serve until the annual meeting at which time they will be eligible for nomination to continue to fill the former vacancy. At that time the individual begins his/her first term as Deacon or Elder.

6. The Consistory shall be the policy-making body and shall transact the business of the church, make provisions for the determining and raising of the current expense budget as well as for our Christian World mission and benevolences, and provide for the auditing of financial accounts and for the adequate support of staff. It shall keep a complete and accurate record of its proceedings, be the custodian of all the church records, and report to the church at its regular and special meetings. All acts and deliberations of the Consistory are subject to the will and revision by the governing body.

7. The Consistory shall instruct the proper officers on all fiscal matters including the payment of bills; with monthly review by the Consistory.

8. The Consistory may authorize any extraordinary expense if funds are available; but if borrowing outside of the church exceeds $5,000.00, or requires collateral, the loan must receive the approval of the church Governing Body.

9. The Consistory shall meet at least once every month for the transaction of such business as may properly come before it. Special Consistory meetings are subject to the President’s Call.

10. The Consistory may appoint members of the Congregation to serve with the Consistory in such areas of church business where additional leadership and information is deemed necessary.

Elders and/or Deacons

11. The Consistory Shall be composed of, if possible, or at least, six Elders and six Deacons; each elected for a two-year term of office. In no year shall more than half the Elders and half the Deacons be elected, thus assuring an election annually of half the number of the Consistory. Elders and Deacons shall be subject to nomination and election for two successive terms or if a Deacon’s name is placed in nomination for Elder and elected he/she may serve for no more than four years as Elder. Elders and Deacons who have served two consecutive terms may be eligible for nomination and election after and absence of two years from the Consistory, unless under special circumstances a waiver is given to this rule by congregational vote.

Article IX - PASTOR

1. It shall be the responsibility of the Pulpit Committee, appointed by the Consistory, to seek a candidate for a vacancy in the office of Pastor.

2. As soon as a pastoral vacancy occurs, it shall be reported to the Association Executive.

3. In filling a vacancy or in securing supply ministers for the period of vacancy, the Pulpit Committee may seek the counsel of the Association Placement Committee.

4. The Pulpit Committee may request the Association Executive to secure relevant information about any minister whom it wishes to consider for the vacancy.

5. Any minister may confer with Association Executive concerning a pastoral vacancy. At the minister’s request, his/her name shall be submitted by the Association Executive for consideration by the local church committee.

6. The pulpit Committee shall present to the church the name of the candidate it recommends to fill the vacancy. A favorable vote of the church constitutes a call.

7. In the call, the terms of the relationship shall be stated, including the agreement of the church to participate in the Pension Fund of the United Church of Christ, the Minister’s Health Insurance Program, and other terms agreed between the candidate and the Committee. The minister, the church, the Association, and the Conference Executive shall each receive a copy of the call.

8. When a minister accepts a call to this church, the church and he/she shall join in requesting the

Association to arrange for a service of installation or recognition. A report of this service shall be signed by

the proper officer of the Association and by the Conference Executive, and copies shall be sent to the

Secretary of the United Church of Christ and to the Council for Church and ministry.

9. The Pastor shall be elected for an indefinite period. In order to terminate this relationship, three months’ notice shall be given by either party. The procedure shall be in accordance with the Constitution and By-Laws of the United Church of Christ.

10. When either party decides to terminate the relationship, the termination shall be by action of the

Church Consistory, and notice of such termination shall be sent by the President of the Consistory to the

Association for appropriate action.

11. Brotherly discipline of the Pastor shall be in conformity with the Constitution and By-Laws of the United Church of Christ.

12. The church may at its discretion choose an Associate or Assistant Pastor(s).

Article X - PROPERTY

1. For incorporated churches - The church may in its corporate name sue or be sued, acquire by purchase, gift, devise, bequest or otherwise and own, hold, invest reinvest or dispose of property both real and personal for such work as the church may undertake and may purchase, own, receive, hold, manage, care for and transfer, rent, lease, mortgage or otherwise encumber, sell, assign, transfer and convey such property for the general purposes of the church; it may receive and hold in trust both real and personal property and invest and reinvest the same and make any contracts for promoting the objects and purposes of the church.

2. Upon dissolution of the church, its assets and all property and interests of which it shall then be possessed, including any devise, bequest, gift or grant contained in any will or other instrument, in trust or otherwise, made before or after such dissolution, shall be transferred to the Ohio Conference of the United Church of Christ, or by vote of the membership of said church any moneys or properties may be given to a local United Church of Christ church or United Church of Christ charity.

Article XI- CHURCH MEETINGS

1. The Annual Meeting of the church shall be held in the month of February(2). At this meeting, the Consistory the officers of the church, the Pastor(s), and all church organizations shall submit their annual reports in writing.

2. Special church meetings may be called by the Consistory or by a petition to the Consistory signed by not less than 10% of the members. The Consistory shall call such meetings within three weeks from receipt of the petition, and adequate notice of such meeting shall be sent to the membership by the Secretary.

Article XII - RULES OF ORDER

1. Robert’s Rules of Order shall be the parliamentary authority for all matters of procedure not specifically covered by this Constitution and/or By-Laws.

Article XIII- AMENDMENTS

1. Amendments to this Constitution and/or By-Laws may be made at any duly called church meeting by a two-thirds affirmative vote of the members present, public announcement of the text of the proposed amendment(s) having been made two weeks prior to the meeting.

(1) Added to the Constitution at the Congregational Meeting of February 14, 1993.

(2) Amended at the Congregational Meeting of February 14, 1993.

MEMORIAL UNITED CHURCH OF CHRIST TRUST

There is hereby created by the members of the Memorial United Church of Christ, Dayton, Ohio, in open meeting thereof, this 18th day of January. 1981, a trust to be known as Memorial United Church of Christ Trust. All funds received by the Trustees of this trust shall be held subject to the terms and conditions of this trust, as hereinafter set forth, but all funds of this trust shall be funds of Memorial United Church of Christ, Dayton, Ohio, and all contributions to the trust may be made by check payable to Memorial United Church of Christ, with check endorsed in any manner to advise the Treasurer of the Church that the contribution is to the Memorial United Church Trust. Likewise all expenditures from the fund must be for the benefit of Memorial United Church of Christ, Dayton, Ohio.

The Trustees of this trust shall consist of three persons appointed, from time to time, by the Consistory of this Church and they shall be charged with carrying out the duties assigned to them under this instrument. The pastor of Memorial United Church of Christ will not be a member of the trustees. He may advise the Trustees but will not participate in any decision making process.

The Trustees shall choose from among their members a Chairman and a Secretary and minutes shall be kept of their proceedings. The actions of the Trustees shall be controlled by a vote of the majority of their members.

It shall be the exclusive duty and authority of the Trustees to interpret and construe the provisions of this trust instrument and to decide any disputes which may arise from time to time.

Members of Memorial United Church of Christ, Dayton, Ohio, may consult with the Trustees at all times concerning all relevant data pertaining to the trust and it shall be the duty of the Trustees to answer any and all questions.

The Trustees shall serve without compensation.

Any Trustee may resign by giving notice to the Consistory of Memorial United Church of Christ ten days or more before the effective date of his resignation.

Any Trustee may be removed by the Consistory of Memorial United Church of Christ, Dayton, Ohio, at any time, upon giving at least ten days written notice to that effect to such Trustee and for any or no reason whatsoever.

The Trustee or Trustees feeling that his or her removal is unjust may request an appeal be brought before at least a quorum of the membership of Memorial United Church of Christ. This meeting shall be called to either uphold the removal or reverse the decision.

The Consistory shall fill all vacancies among the Trustees as soon as possible. Until a vacancy if filled, the remaining Trustees shall have full authority to act.

The purpose of this trust is to provide a financial cushion in case some unforeseen need of Memorial United Church of Christ and to provide funds for special projects as recommended by the Consistory.

The special service of the fund is to provide funds for any future erection or addition by the Church of a House of Worship and/or educational building, including administration area.

The Trustees shall collect and administer funds until a base of $200,000.00 is on hand. Thereafter, the Trustees shall collect and administer funds so that additions to the base are made equal to the cost of living index in the United States, from year to year. Insofar as funds are not needed for the above mentioned addition to maintain the base equivalent to $200,000.00 plus the cost of living adjustments, from year to year, said funds may be used for worthwhile projects and expenses of Memorial United Church of Christ, first attention being given to the Christian Education Program. However, such use of funds may, from time to time, be designated by the Consistory.

The Trustees shall report to the congregation of Memorial United Church of Christ the status of the funds held in trust at the annual meeting of the congregation each year. The report will also include an itemized list of any and all special projects from which the funds were used during the preceding year.

The trustees are instructed that at least 80 percent of the fund must be invested in interest-bearing securities and accounts.

It is declared the purpose of this fund that the use of the principal thereof must be for capital projects for Memorial United Church of Christ, Dayton, Ohio, including the construction or reconstruction of a House of Worship and educational building with administration area. This declared use of capital funds of this trust may be amended or changed only by the affirmative vote of at least two-thirds of the total members of Memorial United Church of Christ, Dayton, Ohio, at any one time.

However, in spite of the above, should Memorial United Church of Christ cease to exist as a congregation, then the funds invested in this trust will be donated as follows: One-half thereof to the Board of World Missions of the United Church of Christ or its successor in interest, and the other one-half thereof to be donated to the four Seminaries of the United Church of Christ which are nearest in distance to Dayton, Ohio, or their successors in interest.

Except that if Memorial United Church of Christ ceases to exist as a congregation because of merger with another congregation and/or change of name or because of merger of the United Church of Christ with another denomination and change of name, in such a manner that there is definite successor in interest to the then existing Memorial United Church of Christ, then and in that event, this trust will not cease and determine, but shall continue for the benefit of the congregation which is the then successor in interest to Memorial United Church of Christ, with the same Trustees as before and with all of the powers and duties as before, and subject to the same limitations and control.