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Constitution & By-laws

CONSTITUTION

AND

BY-LAWS

 

 ADOPTED  May 6, 2007

  

 

CONSTITUTION

 

 

PREAMBLE

For the purpose of preserving and making secure the principles of our faith and to the  end that this body be governed in an orderly manner, and for the purpose of preserving the liberties inherent in each individual member of the church, and to set forth the relationship of this body to other bodies of the same faith, we do declare and establish this constitution.

 

 

ARTICLE I.  NAME

This body shall be known as The First Baptist Church of Durham, which is located at  414 Cleveland Street, Durham, North Carolina.

 

 

ARTICLE II.  OBJECTIVES

To be a dynamic body of believers empowered by the Holy Spirit to share Christ with as many people as possible in our church, community and throughout the world.

To be a worshiping fellowship, experiencing an awareness of God, recognizing His person, and responding in obedience to His leadership.

To experience an increasingly meaningful fellowship with God and fellow believers.

To help people experience a growing knowledge of God.

To be a church which ministers unselfishly to persons in the community and the world in Jesus' name.

To be a church whose purpose is to be Christlike in our daily living by emphasizing the lordship of Christ.

 

 

ARTICLE III.  PURPOSE

To provide regular opportunities for public worship.

To sustain the ordinances, doctrines and ethics set forth in the New Testament for the Church of our Lord Jesus Christ.

To nurture members through a program of Christian education.

To channel offerings to the support of the objects of the Redeemer's Kingdom.

To preach and propagate among all people the gospel of the Revelation of God through Jesus Christ as Savior and Lord.

 

 

 

ARTICLE IV.  STATEMENT OF BASIC BELIEFS

We affirm the Holy Bible as the inspired word of God and the basis for our beliefs.  This church subscribes to the doctrinal statement of The Baptist Faith and Message as adopted by the Southern Baptist Convention in 1963.

We voluntarily band ourselves together as a body of baptized believers in Jesus Christ, personally committed to sharing the Good News of salvation to lost mankind.

 

ARTICLE V.  ordinances

The ordinances of the church are believer’s baptism and the Lord’s Supper.

 

 

ARTICLE VI.  CHURCH COVENANT

Having been led as we believe by the Spirit of God to receive the Lord Jesus Christ as our Lord and Savior, and

On the profession of our faith, having been baptized in the name of the Father, and of the Son, and of the Holy Spirit,

We do now in the presence of God and this assembly most solemnly and joyfully enter into covenant with one another as one body in Christ.

We engage, therefore, by the aid of the Holy Spirit to walk together in Christian love;

To strive for the advancement of this church in knowledge, holiness, and comfort;

To promote its prosperity and spirituality; to sustain its worship, ordinances, doctrines, and discipline;

To give it sacred preeminence over all institutions of human origin;

To contribute cheerfully and regularly to the support of the ministry, the expenses of the church, the relief of the poor, and the spread of the gospel through all nations.

We also engage to maintain family and personal devotions; to religiously educate our     children; to seek the salvation of our kindred and acquaintances;

To walk circumspectly in the world; to be just in our dealings, faithful in our engagements, and exemplary in our deportment;

To avoid all tattling, backbiting, and excessive anger;

To use our influence to combat the abuse of drugs and alcohol and the spread of pornography and other practices which lead to moral and spiritual decay;

And to be zealous in our efforts to advance the kingdom of our Savior.

We further engage to watch over one another in brotherly love;

To remember one another in prayer; to aid one another in sickness and distress; to cultivate Christian sympathy in feeling and Christian courtesy in speech;

To be slow to take offense, but always ready for reconciliation and mindful of the rules of our Savior to secure it without delay.

We moreover engage that when we remove from this place we will as soon as possible    unite with some other church where we can carry out the spirit of this covenant and the principles of God's Word.

 

 

ARTICLE VII.  CHURCH GOVERNANCE AND RELATIONSHIPS

The government of this church is vested in the body of believers who compose it.  Persons duly received by the members shall constitute the membership.

All internal groups created and empowered by the church shall report to and be   accountable only to the church, unless otherwise specified by church action.

This church is subject to the control of no other ecclesiastical body, but it recognizes and sustains the obligations of mutual counsel and cooperation which are common among Baptist churches.

Insofar as is practical, this church will cooperate with and support the Yates Baptist Association, the North Carolina Baptist Convention, and the Southern Baptist Convention.

 

 

 

 

ARTICLE VIII.  MEMBERSHIP

The Membership of this church shall be composed of persons who have given evidence of salvation by profession of faith in Jesus Christ, who have been baptized by immersion, who have subscribed to the covenant of this church, and who have been received by vote of the church.

 

 

ARTICLE IX.  ADOPTION AND AMENDMENT

SECTION 1.  This constitution shall be considered adopted and in immediate effect if and when two-thirds of the members present in church conference shall vote for its adoption.  A vote for adoption shall not be taken sooner than thirty days after formal presentation of the proposed Constitution to the church and notification of the conference time and place at which the vote will be taken.

 

SECTION 2.  This constitution may be amended, altered, or repealed by a two-thirds vote of the members present at a church conference.  The proposed amendment, alteration, or repeal must be given to the clerk in writing, and the proposal and the notification of the time and place at which the vote will be taken shall be presented to the church at least thirty days prior to the time the vote is taken. 

 

    

 

BY-LAWS

 

 

ARTICLE I.  MEMBERSHIP

SECTION 1.  Candidates for membership will be received at the invitation of the church as extended by the pastor or other minister conducting the service.  Candidates may be received in any of the following ways:

       a.      Profession of Faith:  By profession of faith in Jesus Christ as Savior and Lord and upon request for believer's baptism by immersion; or

      b.      Promise of Letter:  By profession of faith in Jesus Christ as Savior and Lord, a statement of prior believer's baptism by immersion, and the promise of a letter stating membership in another church of like faith and order; or

       c.      Statement:  By profession of faith in Jesus Christ as Savior and Lord and a statement of prior believer’s baptism by immersion.

 

SECTION 2.  At the time of their request for membership, persons received in any of the prescribed ways will be welcomed and acknowledged as candidates by the church.  Candidates will be promptly scheduled for counseling by the pastor, or any staff minister or deacon delegated by him, to determine that candidates:

       a.      Have made a genuine profession of faith in Jesus Christ as Savior and Lord;

      b.      Have been or will be baptized by immersion;

       c.      Subscribe to the covenant of this church;

      d.      Understand the doctrines and practices subscribed to by this church; and

       e.      Believe that membership in this church is God's will.

 

SECTION 3.  Following completion of candidate counseling, the pastor or his delegate will report the results of the counseling to the church and will present the candidate's name to be voted upon at that time for membership.  The candidate will become a member upon the affirmative vote of a majority of the members present.

 

SECTION 4.  Persons who profess Jesus Christ as Savior and Lord may request special affiliation, in lieu of regular membership, by which they will come under the watchcare ministry of the church.  Upon the affirmative vote of a majority of the members present at a regular church conference, such candidates will be enrolled as watchcare affiliates.  Watchcare affiliates are entitled to participation in church activities, but may not vote on church matters nor hold church office.  Watchcare affiliates shall be listed and counted separately from regular church members.

 

SECTION 5.  Letters of transfer may be granted for members in good standing to any church of like faith and order upon their request.  When letters are granted, membership in this church will terminate.

 

SECTION 6.  When a member of this church joins a church of different faith and order, membership in this church will terminate.  A letter of transfer may not be granted, but a letter stating membership standing may be sent if requested.

 

SECTION 7.  Where proper cause exists, the church may terminate membership by majority vote at a church conference after due notice and opportunity for hearing, and after scriptural efforts have been taken to attempt to make such action unnecessary.

 

SECTION 8.  Members are expected to be faithful in all the duties essential to the Christian life; to attend regularly the services of the church; to give regularly and systematically to its support and Kingdom causes; and to share in its organized work.  It is also the duty of each member to serve, work, and worship in a spirit of cooperation, love, and faithfulness toward the pastor and each member, that through unity of thought and action the purpose of this body might be more effectively achieved.

 

SECTION 9.  Only members may vote in the transactions of the church or hold any position elected by the church.

 

 

ARTICLE II.  MEETINGS

SECTION 1.  Regular worship services of the church shall be held on Sunday morning and evening and Wednesday evening, unless otherwise decided by the church.  Revival or other special worship services may be scheduled by the church.  The pastor or his delegate shall conduct all worship services.

 

Section 2.  The Lord's Supper shall be observed at least once each quarter.

 

Section 3.  The church shall hold regular and special church conferences for the transaction of church business and other matters which may come before the body, including the discussion of the material and spiritual condition of the church and plans for progress in Kingdom endeavors.

 

Section 4.  Regular church conferences will be held on the second Wednesday evening of February, May, August, and November unless changed following at least one week notice to the membership.

 

Section 5.  Special church conferences may be called by the pastor, the chairman of the Deacons, or by petition of fifty members presented to the pastor or chairman of the Deacons, upon not less than one week notice, given in writing or at a regular worship service or church conference, of the time, place and purpose of such meeting.

 

Section 6.  Church conferences shall be conducted with the pastor serving as moderator.  In his absence, or upon his request, the chairman of the Deacons, or some other person chosen by the church, may serve as acting moderator.

 

Section 7.  Robert's Rules of Order, Revised, is the authority for parliamentary rules of procedure for all church conferences.  Motions brought before the church by the Deacons or a standing committee shall not require a second for further action.

 

Section 8.  Other meetings of the church as a whole, or of authorized groups within the church, shall be set according to the needs of the congregation and the program of the church.

 

 

ARTICLE III.  OFFICERS

Section 1.  GENERAL

The officers of this church shall be a pastor, other ministerial and vocational leadership as needed, deacons, trustees, clerk, treasurer, and such other officers as shall be required.  All officers shall be members in good standing.

 

SECTION 2.  PASTOR

       a.      The pastor is leader of pastoral ministries in the church.  As such, he works with the church staff,  Deacons, church council, and other groups to:

                                 i.      Lead the church in achieving its mission;

                               ii.      Proclaim the gospel to believers and unbelievers; and

                              iii.      Care for the church's members and other persons in the community.

      b.      The pastor is responsible for leading the church to function as a New Testament church. The pastor will lead the congregation, the organizations, and the church staff to perform their tasks.  He shall conduct worship services, administer the ordinances, perform other duties that usually pertain to that office, have charge of the pulpit ministry of the church, and will provide for pulpit supply when he is absent.

       c.      The pastor shall be the administrative head of the church staff and all employees.  He shall report annual performance evaluations and salary recommendations, for all employees, to the Personnel Committee.  In the event that the office of pastor is vacant, the Personnel Committee will designate an administrative head of the church staff and employees.

      d.      The pastor shall be an ex-officio (non-voting) member of all standing committees.

       e.      A pastor shall be chosen and called by the church whenever a vacancy occurs.  The pastor, once elected in accordance with these By-Laws, shall serve until the relationship is terminated either by his request or that of the church.

        f.      Upon a vacancy in the pastorate, the office shall be filled under the following procedure:

                                 i.      A Pastor Search Committee shall be nominated by the Nominating Committee which shall receive suggestions from church members and shall nominate exactly 14 persons who are broadly representative of the entire church.  These nominations will be presented to the church at a regular or special church conference called for this purpose, at which time additional nominations may be made from the floor with notice of consent from such nominees required.  Nominations will then be closed.

                               ii.      By secret ballot, the church will elect seven persons from the nominees to serve on the Pastor Search Committee. The election shall take place at a Sunday morning service at least two weeks after nominations have been closed.

                              iii.      The duties of the Pastor Search Committee shall be to seek out a suitable pastor, and its recommendation will constitute a nomination.  The committee shall bring only one name at a time for consideration by the church, and no nomination shall be made except that of the committee.

                             iv.      The election of a pastor shall be at a meeting called for that purpose, of which at least one week's notice has been given at a regular worship service or church conference. Voting shall be by secret ballot. An affirmative vote of three-fourths of those members present shall be required to elect a pastor.

       g.      The pastor may resign and vacate his office by giving at least two weeks' notice to the church. The church may vacate the pastor's office only under the following conditions:

                                 i.      Church action shall take place only at a meeting called, upon the recommendation of a majority of the Personnel Committee and a majority of the Deacons, for that purpose.

                               ii.      At least one week's notice shall be given of such a meeting at a regular worship service or church conference. The moderator for the meeting shall be the chairman of Deacons, or other person chosen by a majority of members present.

                              iii.      The vote to vacate the office of pastor shall be by secret ballot, and a majority of the members present is required to vacate the office.

       h.      Any terminating compensation paid to a pastor shall be determined by the Budget and Finance Committee upon recommendation of the Personnel Committee.

 

Section 3.  OTHER MINISTERIAL AND VOCATIONAL STAFF  

       a.      Other ministerial and vocational staff members, for which the church requires evidence of a personal call from God, may be employed as the church determines the need for such offices.

      b.      Upon the creation of or vacancy in, other ministerial or vocational staff positions, the Personnel Committee shall prepare a job description which it shall update as requirements dictate.

       c.      Any recommendation to fill other ministerial or vocational positions shall be made by the Personnel Committee and the pastor, and their recommendation shall constitute a nomination. The Personnel Committee and pastor shall bring only one name at a time for consideration by the church, and no nomination shall be made except that of the Personnel Committee and pastor.

      d.      Elections to call other ministerial and vocational staff members shall take place at a regular or specially called church conference, of which at least one week's notice of the election has been given at a regular worship service or church conference. An affirmative vote of three-fourths of those members present shall be required to elect a nominee.

       e.      Other ministerial and vocational staff members may resign, and such offices may be vacated, in accordance with the procedures applicable to such actions with respect to the pastor.

 

SeCTion 4.  DEACONS

       a.      In accordance with the meaning of the title and practice in the New Testament, deacons are to be servants of the church.

      b.      The task of a deacon is to serve with the pastor and staff in performing pastoral ministries which include:

                                 i.      Leading the church in the achievement of its mission;

                               ii.      Proclaiming the gospel to believers and unbelievers;

                              iii.      Caring for the church's members and other persons in the community;

                             iv.      Assisting the pastor in the observance of the ordinances.

       c.      Term and number:  Deacons shall be elected for a term of three years, with one-third of their number elected each year.  The number of deacons shall be twenty-four, but may be increased or decreased, as required, by action in church conference.

      d.      Nomination and Election Procedure:

                                 i.      The Pastoral Staff and Deacons shall manage the deacon election as described in this Section.

                               ii.      From September 15 to October 15 each year, the Pastoral Staff and Deacons will make forms available to the members of the church for the submission of names of male members age 21 or over and resident members for at least two years, to be considered for nomination as deacon.  Such forms shall include the scriptural references to deacon qualifications contained in Acts 6:1-7 and I Timothy 3:8-13.  Only men may be nominated, elected or serve as deacons. The forms must be signed by the nominating church member.

                              iii.      The Pastoral Staff and Deacons shall make inquiry of the men whose names have been submitted as to their willingness to serve as deacon.  The Pastoral Staff and Deacons will review the candidates to make certain each meets the scriptural qualifications contained in Acts 6:1-7 and 1 Timothy 3:8-13.  The Pastoral Staff and Deacons shall have authority to remove the names of any candidates whom they deem do not meet these scriptural qualifications.  If such action is necessary, the Senior Pastor and the Chairman of the Deacons shall meet with the disqualified candidate to explain reasons for the disqualification and to pray together with the man.  By the third week of October, the Pastoral Staff and Deacons shall submit to the church a list of candidates for the church to review.  The congregation shall then have opportunity to submit scriptural reasons why they feel a listed candidate should be disqualified.  This shall be accomplished by standardized forms made available to the congregation during the review period.  If the Pastoral Staff and Deacons deem it necessary, they shall disqualify a candidate based on reasons submitted by church members on signed forms, following the procedure described in this section.

                             iv.      At the regularly scheduled church conference in November, the church shall vote on the candidates approved by the Pastoral Staff and Deacons as described above.  Each church member may vote for a maximum of eight nominees (or the number of positions to be filled). The eight nominees (or the number needed) receiving the highest number of votes shall be elected and take office as of January 1.

       e.      In the event of vacancies, the person receiving the next highest number of votes from the previous election shall fill the unexpired term.

        f.      After serving a term of three years, a deacon shall be eligible for reelection only after the lapse of at least one year; provided, that a deacon filling an unexpired term shall be eligible for re-election immediately.  Persons who have completed their term of office as a deacon, however, may be enlisted by the deacons to assist in the provision of their ongoing ministries.

       g.      The Deacons shall elect annually their own chairman and other officers.

 

Section 5.  TRUSTEES

The church shall elect six trustees to serve as legal officers of the church.  Trustees shall serve three year terms, with two new trustees being elected every year.  They shall hold in trust the church property.  Upon a specific vote of the church authorizing each action, they shall have the power to buy, sell, mortgage, lease, or transfer any church property.  When the signatures of trustees are required, at least four shall sign legal documents involving the sale, mortgage, purchase, or rental of property, or other legal documents related to church approved matters.

 

Section 6. TREASURER   

       a.      The church shall elect annually a church treasurer as its financial officer.  It shall be the duty of the treasurer to receive, preserve, and pay out, upon receipt of vouchers approved and signed by authorized personnel, all money or things of value paid or given to the church, keeping at all times an itemized account of all receipts and disbursements.  It shall be the duty of the treasurer to render to the Budget and Finance Committee, monthly, a summary report of all receipts and disbursements of the preceding period.

      b.      The church may permit delegation of some of the treasurer's responsibilities to a church secretary or administrator who shall act as an assistant-treasurer to assist the treasurer.

       c.      The treasurer and any assistant-treasurer shall be bonded, the church paying for the bonds.

      d.      The treasurer's reports and records shall be audited annually under supervision of the Budget and Finance Committee.  Upon receiving the annual audited report the Budget and Finance Committee shall cause the records to be delivered to the church clerk, who shall keep and preserve the account as a part of the permanent records of the church.

 

Section 7.  CLERK  

The church shall elect annually a clerk as its clerical officer.  The clerk shall be responsible for keeping suitable records of all official actions of the church, to prepare the annual associational letter, to preserve on file all official reports and papers (including the Constitution and By-Laws and any amendments thereto) and to give required notice of all meetings where notice is necessary as indicated in these By-Laws.  The clerk shall be responsible for keeping a register of names of members, with dates of admission and removal.  The clerk shall issue letters of transfer or removal voted by the church in conference.  All church records are church property and shall be kept at the church office.  The church may permit delegation of some of the clerical responsibilities to a church secretary who will assist the elected clerk.

 

 

ARTICLE IV.  COMMITTEES

Section 1.  Standing and Special Committees

       a.      The church shall elect the following standing committees:

Nominating

Budget and Finance

Properties

Personnel

      b.      The church shall elect such special committees as may be deemed necessary to carry on the various phases of the program of the church efficiently and effectively.

       c.      All standing committees (other than the Nominating Committee) and all special committees (not otherwise provided for when created) shall be nominated by the Nominating Committee and elected by the church.

      d.      All meetings of standing and special committees shall be open to attendance by any church member except where the committee declares itself in executive session.

       e.      Any committee may create subcommittees which may include non-committee members.

        f.      Each committee shall maintain a current description of its functions and responsibilities which it shall furnish to the Nominating Committee.

 

Section 2.  NOMINATING COMMITTEE

       a.      Composition                 

                                 i.      The Nominating Committee shall consist of nine members who shall be elected to serve for three year terms with one-third of the members retiring each April 1.

                               ii.      New members of the Nominating Committee shall be nominated by the Deacons for election by the church.  The Nominating Committee shall select its own chairman.

                              iii.      The Committee as then constituted, working with the pastor, shall nominate persons to serve as Sunday School Director and Woman's Missionary Union Director. Following their election by the church, such officers shall become members of the Nomination Committee.

      b.      Duties:

                                 i.      The fully constituted Nominating Committee shall have the responsibility of nominating, for election by the church, persons to serve in the other various capacities and positions of the church and its organizations, including standing and special committees.

                               ii.      In making committee nominations, the Nominating Committee shall also nominate a person to serve as the chairman of each committee, unless otherwise provided by these By-Laws.

                              iii.      The Nominating Committee shall nominate persons to no more than two standing committees.  Persons who have served a full term on a standing committee shall not be nominated to serve an additional term for at least one year after serving on that standing committee.

                             iv.      Unless otherwise provided by these By-Laws, the Nominating Committee shall designate in its nomination whether membership on each committee is to be on a three-year rotating basis, on a year-to-year continuation basis, or otherwise, with replacements and additions as needed.

                               v.      The Nominating Committee shall make nominations to fill positions vacated by expiration of terms, membership removal, resignation, death, or failure to serve.

                             vi.      Following a report of the Nominating Committee, the church will elect persons to fill the positions for which nominations were made.  Except where these By-Laws provide otherwise, nominations from the floor will be accepted at all voting sessions.

                            vii.      The Nominating Committee shall maintain current function and responsibility descriptions of each committee.

                          viii.      The Nominating Committee shall manage the Deacon election process as described in Article III, Section 4, paragraph d.

 

Section 3.  BUDGET AND FINANCE COMMITTEE

       a.      The Committee shall consist of nine members, plus the chairman of the Deacons, the Director of the Woman's Missionary Union, the chairman of the Properties Committee, and the Church Treasurer. Any church member serving as auditor shall be an ex-officio member of the Budget and Finance Committee.

      b.      The Budget and Finance Committee shall have the annual responsibility for the preparation of a proposed budget, including local expenses, education, missions, and benevolences. In preparing the budget the Committee shall confer with the head of each organization of the church. The Budget and Finance Committee shall submit the proposed budget to the church in regular church conference prior to the beginning of the fiscal or budget year.

       c.      Upon adoption of the budget by the church, it becomes the duty of the Budget and Finance Committee, together with others as may be needed, to take the necessary action to promote and manage the budget and to provide church members with envelopes for tithes and offerings.

      d.      The Budget and Finance Committee shall report to the church at the regular church conference.

       e.      The Budget and Finance Committee shall have responsibility for the insurance and bonding needs of the church.

 

Section 4.  PROPERTIES COMMITTEE

       a.      The committee shall be composed of a sufficient number of persons