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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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- 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.
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