Bylaws
[Jesus} is also head of the body, the church; and He is the beginning, the firstborn from the dead, so that He Himself will come to have first place in everything.- Colossians 1:18
BYLAWS
OF
VALLEY BAPTIST CHURCH
of Salinas, California
The following document was voted on and confirmed by members of Valley Baptist Church in 2018. This document details how the church conducts its business matters, meetings, etc. The ultimate head of Valley Baptist Church is Jesus, and the ultimate governing document is God’s Word, as expressed in the Bible.
ARTICLE I
Fundamental Matters
Section 1.01 Name
The name of the corporation shall be “Valley Baptist Church of Salinas California” and shall be referred to hereinafter in these as “church” or “the church.”
Section 1.02 Purpose
The purpose of the church is to make disciples of Jesus who love God, love others, and grow deeper in faith and practice.
Section 1.03 Doctrine and Statement of Faith
A. The doctrinal position of the church is consistent with the statement of the Baptist Faith and Message 2000 as adopted by the Southern Baptist Convention.
B. The Holy Bible is the inspired word of God, and the only guide to Christian faith and practice, and is the basis of all of our beliefs and practices. No other document shall take precedence over the Holy Bible in the life, decisions, and governance of this church. The church affirms in all things, Jesus is Lord, and the nature of that Lordship is clearly communicated in the Holy Bible.
C. The members of the church voluntarily band themselves together as a local body of baptized believers in Jesus Christ, personally committed to sharing the good news of salvation with mankind.
D. The ordinances of the church are Baptism and the Lord’s Supper.
E. Marriage is a Biblical institution established by God as clearly described in scripture. This Church recognizes that marriage is the uniting of one man and one woman in covenant commitment for a lifetime. Accordingly, this church, its pastors, its ministerial staff, and employees will not participate in same-sex unions or same-sex marriage, nor shall its property or resources be used for such purposes.
Section 1.04 Polity
Valley Baptist Church of Salinas is a body of baptized believers, each of whom is equal in rank and privilege. Subject to the provisions of these bylaws, the articles of incorporation, and applicable law, the activities and affairs of the church shall be conducted by the active members of the church, a California 501 ( c) (3) nonprofit religious organization, and all corporate powers shall be exercised by the active members who are qualified according to section 3.05 of these bylaws.
Section 1.05 Cooperation
This church is subject to the control of no ecclesiastical body other than itself. This church shall at all times maintain its status as a cooperating church with the Great Commission Southern Baptist Association of Southern Baptist Churches (GCA), the California Southern Baptist Convention (CSBC), and the Southern Baptist Convention (SBC) or their successors, as insofar as each of the stated organizations continue to hold doctrines and function in ways consistent with the church’s statement of purpose, doctrine and faith (section 1.02, 1.03). This Church may, however, cooperate with other churches in fulfillment of its purpose.
ARTICLE II
Principal Office
Section 2.01 Principal Office
The principal office for the transaction of business of the Church is 320 Church Street, Salinas, California, 93901.
Section 2.02 Change
The members may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Clerk on these bylaws opposite Section 2.01, or Section 2.01 may be amended to state the new location.
Section 2.03 Other Offices
The members may at any time establish other offices at any place or places where the church is qualified under applicable law to conduct its business.
ARTICLE III
Members
Section 3.01 Qualifications and Basis for Membership
Any individual who meets all of the following criteria shall be a member of this church:
A. A member shall have made a public profession of faith in Jesus Christ as Savior and Lord.
B. A member shall have been baptized by immersion, in a manner that is acceptable to this church.
C. A member shall have requested admission to the membership of this church on one of the following bases for membership:
1. By public profession of faith before this church and baptism according to the policies of this church.
2. Upon transfer and receipt of a letter from another Southern Baptist Church.
3. By statement in which applicant affirms that the criteria of A and B are satisfied and that a letter cannot be obtained.
4. By two-thirds vote of the active church members present to restore membership when the individual's status as a member has been previously terminated for any reason.
D. A member shall have completed the New Members Class and have signed the Membership Covenant. This class shall be offered by the church leadership no less than quarterly.
Section 3.02 Transfer of Membership
Upon due request from another Southern Baptist Church, the church clerk shall grant the membership transfer of any Valley Baptist member and report to the church at the next business meeting.
Section 3.03 Termination of Membership
The membership of a member shall terminate as follows:
A. Membership shall terminate immediately upon the death of a member, the written resignation of a member or the transfer of membership in accordance with Section 3 .02.
B. The membership of a member shall terminate when there is satisfactory evidence that the member has affiliated as a member with another church or religious group.
C. The membership of a member may be terminated for disciplinary reasons only in accordance with Section 3.04.
D. Membership shall be terminated on reasonable evidence of the member having moved to another area. Continued absence and/or the persistent lack of response to attempts by the church to contact the member shall constitute reasonable evidence of the member having moved.
Section 3.04 Discipline
It shall be the practice of this church to emphasize to its members that every reasonable measure will be taken to assist any troubled member. The pastor, other members of the church staff and the deacons are available for counsel and guidance. The attitude of members toward one another shall be guided by a concern for redemption rather than punishment.
Should some serious condition exist which would cause a member to become a liability to the general welfare of the church, the pastor and the deacons will take every reasonable measure to resolve the problem in accord with Matthew 18. If it becomes necessary for the church to take action to exclude a member, a two-thirds vote of the active members present in business session is required. The church may proceed to declare the person no longer in the membership of the church. All such proceedings shall be pervaded by a spirit of Christian kindness and forbearance.
The church may restore to membership any person previously excluded. (See Section 3.01 #C4.)
Section 3.05 Classes of Members
Classes of membership: There shall be two classes of members: Active Members and Inactive Members.
A. Active Members shall meet the following provisions:
1. They shall have fulfilled the requirements for membership as stated in these bylaws, and shall have been properly elected to membership.
2. They shall not have been declared, by the church, to have been "out of fellowship with the church," according to Section 3.04 of these bylaws, unless the member has been properly restored in accordance with section 3.01 #C4. The terms "out of fellowship with the church," "excluded," and “removed from membership” shall be considered synonymous as those terms are used in these bylaws.
3. They shall have attended at least twelve (12) regular worship services of the church within the preceding twelve (12) month period, not counting any period before the member was properly elected to membership in the church. Exceptions due to illness or other unavoidable cause shall require the approval of the deacons upon written application by the member.
B. Inactive Members shall be subject to the following:
1. They are defined as those members who fail to satisfy one or more of the requirements for Active Members.
2. They may not vote so long as they shall remain inactive.
3. They shall be automatically restored to Active Membership upon satisfaction of the lacking requirement or requirements for active membership.
Section 3.06 Membership Requirements for Selected Positions:
A. Only active members may qualify for election to the following church positions:
1. Deacon
2. Clerk
3. Director of a church ministry organization
4. Member of a standing committee
5. Moderator
B. The senior pastor and the ministerial staff members, and their qualified spouses, shall automatically be recognized as active members of the church immediately following their election to their respective positions. Upon resignation or termination, the pastor or other ministerial staff members, as well as their spouses, shall no longer retain active membership status unless the church takes action in regular business meeting to affirm their continued active membership status.
C. Should the individual filling any of the aforementioned positions become an inactive member or have his membership terminated, he or she shall automatically forfeit that position.
ARTICLE IV
Meetings and Voting
Section 4.01 Business Meetings
The business of the church will be conducted by the members in the manner provided by this Article IV. Each meeting of the members to conduct business will be referred to in these bylaws as a "business meeting." The church may hold such other meetings, services, conferences or the like for worship, education, ministry or other purposes, as it shall determine; provided that the business of the church shall not be conducted nor any vote taken except in accordance with the provisions of these bylaws.
Section 4.02 Quarterly Business Meeting
A quarterly business meeting shall be held in the evening of the 3rd Wednesday of January, April, July and October at the principal office for the transaction of business of the church or such other location as is designated by the members. No other notice is required for these regularly scheduled business meetings. An agenda of the business meeting will be posted in the bulletin the Sunday immediately preceding the quarterly business meeting.
Section 4.03 Special Business Meetings
A special business meeting may be called in accordance with the following procedure:
A. Special business meetings may be called by the Pastor, a majority of the Deacons or a petition signed by at least 20% of active members. Active members desirous of a special meeting shall present written request to the Pastor or Deacons for consideration.
B. Notice of a special business meeting must be given in at least two scheduled worship services on two different days (i.e. one Tuesday or Wednesday service and one Sunday worship service) prior to the meeting. The notice shall give the date, time, place and general nature of the proposals to be considered.
Section 4.04 Special Notice
If action is proposed to be taken at any regular or called business meeting with respect to any of the following matters, a special notice must be given to the active members in accordance with the Section 4.03, and at least two-thirds of those present and voting (three-fourths in the calling of a pastor) must approve the action. Abstentions will not be counted towards the required approval ratios.
A. Those proposed actions for which special notice is required are as follows:
1. The calling of a pastor
2. To consider conflict resolutions as presented by the Personnel Team as deemed necessary in these bylaws Section 7.01 or 7.02.
3. The consideration of the termination of membership in accordance with Section 3.03c.
4. The purchase, long-term lease (including options), or sale of real property.
5. The amendment, modification or repeal of the Bylaws, or the Articles of Incorporation of this church.
6. The dissolution of this church.
B. The special notice required by this Section 4.04 shall be in writing and include the date, time, place and the specific proposal to be considered. It shall be distributed at all regularly scheduled worship services for at least ten days preceding the special meeting or mailed by first class mail or emailed to the last known address of all active members residing within the geographic area served by the church no less than seven days prior to the meeting.
Section 4.05 Corporate Business Meetings
Corporate business meetings may be held as necessary to deal with matters related to the California Nonprofit Corporation Code. Such corporate business meetings shall be subject to the following provisions:
A. Such meetings shall be limited to:
1. The election or removal of trustees;
2. The disposition of all or substantially all of the assets of the church;
3. The merger or dissolution of the church;
4. The amendment of the Articles of Incorporation or the Bylaws of the church.
5. Changing or discontinuing the denominational affiliation of the church.
B. The matters described in Section 4.05 #A of these bylaws may not be considered or acted upon in any form of business meeting other than a corporate business meeting.
C. Corporate business meetings shall have the same requirements for notice as are delineated for special business meetings in Section 4.04 of these bylaws.
D. A corporate business meeting may be called at any time by the senior pastor, the chairman of deacons, or fifteen percent or more of the Active Members who are qualified to vote in a corporate business meeting.
E. Only those persons who have been Active Members of the church for at least one-hundred eighty (180) days, and who are at least eighteen (18) years of age shall be qualified to vote on matters considered during a corporate business meeting.
F. Should the matter to be considered consist of one or more of the items delineated under Sections 4.04 #A1, 4.04 #A3, or 4.04 #A5, any Active Member qualified to vote in a corporate business meeting may object to the proceeding at any time. In the event of such objection, the matter shall be laid on the table (as described in Robert's Rules of Order, Newly Revised, as a "Motion to Lay on the Table,") for not less than 30 days, during which time the matter shall be brought to the attention of the Great Commission Baptist Association Executive Board, or its successors, for advice and counsel. This provision may be invoked only once for each matter.
Section 4.06 Quorum
A. For the purposes of a regularly called business meeting as defined in section 4.03 of these bylaws, involving non-corporate and routine business of the church, a quorum shall consist of 5% of the active members, or thirty members, whichever is less.
B. For the purposes of a specially-called business meeting as defined in section 4.04 of these bylaws, involving non-corporate and non-routine business of the church such as the election of a pastor, a quorum shall consist of 20% of the active members, or thirty active members, whichever is less.
C. For the purposes of a Corporate Business Meeting as defined in section 4.05 of these bylaws, involving Corporate Business of the church, such as the sale of real property or the disposition of all or substantially all of the assets of the church, a quorum shall consist of 20% of the active members, as required by California Corporations Code.
Section 4.07 Procedure
The most current edition of Robert's Rules of Order, Newly Revised will guide the procedures of business meetings.
A. Moderator
The moderator is the presiding officer at all business meetings. The moderator shall be the pastor or his appointee. If the church has no pastor, or if the pastor declines to serve or to appoint a moderator, the moderator shall be the chairman of Deacons or his appointee. The appointee of the chairman of Deacons shall be another Deacon. At any business meeting when a quorum is present, the church clerk shall call the church to order and an acting moderator shall be elected by a two-thirds vote of those active members present and voting.
B. Voting
A member shall not vote by proxy or absentee ballot.
ARTICLE V
Pastor, Staff and Deacons
Section 5.01 Pastor
The pastor is responsible for leading the church in the performance of its purposes. The Pastor shall lead the congregation, oversee the organizations, teams and the church staff in performing their respective tasks. The pastor shall be selected by action of the active members in accordance with these bylaws.
Section 5.02 Ministerial Staff
The ministerial staff shall consist of those persons other than the pastor who are called by the church to serve in those ministerial offices which the church determines it needs. The Pastor shall be the immediate supervisor of each member of the ministerial staff.
Section 5.03 Employees
Employees shall consist of those persons other than the Pastor and ministerial staff who are employees of the church. The Pastor shall be the supervisor of each employee. The Pastor may delegate immediate supervision to a member of the ministerial staff.
Section 5.04 Deacons
The Deacons will work with the Pastor and ministerial staff to provide pastoral care for the church family and in the areas of evangelism, benevolence, worship, prayer and crisis counseling.
ARTICLE VI
Church Ministries and Administration
Section 6.01 Church Ministries
The church shall maintain ministries of Bible teaching, training, missions, music ministry and other matters as it shall determine are necessary and proper for the accomplishment of its purposes. Each ministry shall have a ministry coordinator or ministry team leader elected by the church. All ministry activities shall be subject to the ultimate control of the church as stated in these bylaws, with the naming of all ministry organization directors subject to church approval. The directors of each such ministry organization shall be elected by the church and shall serve for a period of one year or as otherwise provided by the church. All church ministry activities shall be subject to church coordination and approval. Church ministry activities shall be recommended for approval by the Church Council before being placed on the calendar of activities.
Section 6.02 Church Council
The church council is to provide leadership in the areas of ministry, calendaring, budgeting and vision for the church. The council will be made up of the Senior Pastor and ministerial staff, the church clerk, the church Treasurer, chairman of Deacons, the chairpersons of all church committees, and the directors of the church ministries. The Pastor, or his appointee, will serve as moderator of the council. In the Pastor's absence, a ministerial staff member or chairman of Deacons will be elected moderator for the meeting.
The church council shall administer and amend the policy and procedure manual as needed.
Section 6.03 Trustees/Board of Directors
The Trustees will be the Corporation Officers and Trustees shall serve as the legal agents of the corporation as authorized by the church.
A. The Board of Trustees shall consist of not less than three (3) members. Each trustee shall be an Active Member of the church who is qualified to act in a corporate business meeting according to Section 4.05 E.
B. Each trustee shall be elected for a term of three (3) years, or until a successor is elected. Trustees may be elected to a staggered rotation off of the body. Trustees may be re-elected to one or more additional terms.
C. The Active Members who are qualified according to Section 4.05 E may elect a trustee or trustees at any time to fill any vacancy on the Board of Trustees. Should the church fail to act within ninety (90) days of the creation of the vacancy, such vacancy may be filled by a majority of the trustees then in office, whether or not less than a quorum, or by the sole remaining trustee.
D. Trustees serve at the pleasure of the church, and may be removed prior to the conclusion of the term of office at the discretion of the church acting in a properly called corporate business meeting.
E. The church nominating committee shall recommend to the church persons for election to the Board of Trustees. Any Active Member who is qualified to act in a corporate business meeting may nominate other persons for election to the Board of Trustees. The nominees receiving the highest number of votes of the qualified Active Members shall be elected as trustees.
F. The trustee officers shall also be the officers of the corporation. The officers shall be a president, a secretary, a chief financial officer, and such other officers as the trustees or the church may deem necessary for their work. Any number of offices may be held by the same person except that neither the secretary nor the chief financial officer may serve concurrently as the president. The president and the secretary shall be chosen from among their number by the Board of Trustees, unless the church should designate the officers at the time of their election. The treasurer of the church shall be the chief financial officer. The sole function of the president and the secretary of the trustees shall be to sign such instruments and documents as are necessary or advisable in the name of, on the behalf of, and at the direction of the church.
G. The trustees shall take such actions and execute such documents as are necessary or advisable to accomplish the purpose of any matter which is authorized or approved by the Active Members of the church and which concerns any real, personal, or intangible property.
Section 6.04 Ministry Teams
The church shall create, maintain, and dissolve teams as required by these bylaws and to conduct the ministry of the church. All ministry Teams events and activities will be in accordance with these bylaws. The pastor shall be an ex-officio member of all ministry teams whether standing or special.
A. Stewardship Team:
The Stewardship Team shall lead in the administration of the financial affairs of the church, including specifically the areas of a unified church budget and of stewardship development. The Treasurer shall be coordinator of the Stewardship Team by virtue of office, but shall serve in an ex-officio capacity and shall not be a voting member of the team in accordance with section 6.07 of these bylaws.
B. Nominating Team:
The Nominating Team shall lead and coordinate the staffing of elected positions to be filled by volunteers. Candidates shall be selected from the church membership for recommendation to the church for election.
C. Personnel Team:
The Personnel Team shall advise the church in personnel matters including the Pastor, ministerial staff and full and part-time employees. The team will recommend, evaluate, and update policies and procedures concerning salaries, benefits, job descriptions, scheduling and conflict management.
D. Fellowship Team:
The Fellowship Team shall provide coordination for church sponsored social events, set policies and supervise the use of the church kitchen, and coordinate preparation of meals for special needs within the church family.
E. Building and Grounds Team:
The Building and Grounds Team shall lead the church in matters related to properties administration.
F. Other Teams
The function, make up and duration of existence of each such team shall be recommended to the church by the Church Council.
Section 6.05 Organization
Subject to the provisions of these bylaws, the number of members of each team and staff of each program shall be determined by the church. The Nominating Team will recommend the chairperson. If possible, the chair should serve at least one year on the team before being asked to serve as chairperson. No member should be chairperson of more than one team.
Section 6.06 Church Officers
The Church Officers shall be those persons who serve in the following capacities:
A. Clerk:
The Clerk shall keep or cause to be kept minutes of all business meetings and actions of the church and the record of members on the church roll. The master copy of these items shall be maintained at the church office and a digital copy shall be maintained off-site. The church clerk will certify the classes of members (Section 3.05). Other powers and duties may be assigned to the Clerk as prescribed by the church.
B. Treasurer
The Treasurer shall keep or cause to be kept the records of the financial affairs of the church and shall prepare or cause to be prepared the financial reports of the church. Master copies of church financial records shall not be removed from the premises of the church. Digital backup records shall be maintained offsite in a secure location. The Treasurer shall have such other powers and duties as prescribed by the church. The treasurer, by virtue of his office, shall be a trustee and shall be the Chief Financial Officer of the church for corporate purposes.
C. Corporation Officers / Directors of the Corporation
The trustees are hereby designated as the directors of the corporation as that term is defined and used in the California Nonprofit Corporations Code, provided, however, that the activities and affairs of this church shall be conducted and its powers shall be exercised as allocated in these Bylaws, in accordance with Section 1.04, and the designation herein of the trustees as directors shall not grant to them any power which is not expressly granted by these Bylaws, or by custom and usage, to the members of the church or to any other board, committee, group, position, person, or combination of persons.
Section 6.07 Conflicts of Interest
To avoid possible conflicts of interest, Trustees may not serve on the Stewardship Team. The Corporation Officers shall have only such powers and authority as are expressly prescribed by the church. The Corporation Officers are personally liable for any action taken without church approval.
ARTICLE VII
Personnel
Section 7.01 Pastor
The Pastor shall be chosen and called by the church in accordance with the following procedure, whenever a vacancy occurs.
A. A search committee shall be elected by the church at a special business meeting called for that purpose. The active members shall determine at that meeting the number of persons to serve on the committee and any specific requirements for inclusion on the committee. The total nominated must be at least two more than the number to be elected. Each voting member may cast as many votes as there are to be members on the committee. (Cumulative voting is not allowed; therefore, active members may not vote more than once for any one candidate.) The number to be elected receiving the most votes shall be elected as the Search Committee. The person receiving the next highest number of votes shall be alternate number one. The next person receiving the next highest number of votes shall be alternate number two. In case of a tie, the nominees receiving the same number of votes will be voted on again until the highest number of votes are cast for the number to be elected. Any ballot containing a number of votes higher or lower than the number of candidates to be chosen shall not be counted.
B. At the same meeting, the church shall approve a portion of the funds previously budgeted to the Pastor's salary and benefits as a budget to provide funds for the search committee to perform its function. Adequate financial provision should be made for the committee to travel, make phone calls, provide transportation and housing for potential candidates, and other such expenses as would be incurred in the normal search process.
C. The search committee shall elect its own chairperson, and organize itself to perform its function as it considers appropriate. Alternates may attend committee meetings and participate in discussion, but not vote on committee decisions. Should a member of the committee cease to serve for any reason, alternate number one will serve in that person's place. If both alternates are added permanently to the committee, the church should elect another alternate.
D. The nomination of any person to the church for call as pastor shall be made only by the search committee. The committee shall present, and the church shall consider, only one person at a time. The search committee shall only present candidates by unanimous recommendation of the search committee.
E. The church shall vote the following Sunday after the candidate has come in view of a call.
F. The church shall be notified of the nomination of a candidate by the procedures outlined in these bylaws, Section 4.04. Voting shall be by written ballot. A Pastor will be invited to come upon an affirmative vote of at least three-fourths of those voting.
Section 7.02 Termination or Sanction
Any proposal for termination, sanction or condemnation of, or other negative personnel action with respect to the Pastor, shall be made only in accordance with the following procedure.
A. The proposal must first be presented in writing to the Chairman of the Deacons. The Deacons will attempt to mediate, in a scripturally loving manner, between those presenting the proposal and the Pastor.
B. If the matter is not resolved by the Deacon mediation, the Deacons will combine with the Personnel Team to seek resolution. The Deacons and Personnel Team shall invite those presenting the proposal and the Pastor to attend a hearing and make such presentations as they consider appropriate. The Personnel Team chairperson will moderate the hearing and may invite others to provide information either in person or in writing. Following the hearing, the Deacons and Personnel Team shall discuss the issue privately and make a recommendation of resolution to the Pastor and those presenting the proposal. Should those presenting the proposal be Deacons or on the Personnel Team, they should be excused from these private discussions of the issue, as should the Pastor. If the recommendation or solution is not acceptable to both the Pastor and those presenting the proposal, the Deacon Chairman and Personnel Team Chairperson shall mediate a compromise acceptable to the Pastor and those bringing the proposal. If this is not possible, the Personnel Team shall bring the matter to the church with a recommendation the Great Commission Association be contacted to act as an outside mediator. This recommendation must be presented at a special business meeting per instruction in these bylaws Section 4.04.
Section 7.03 Ministerial Staff
The full-time ministerial staff shall be called and approved by the church. The Personnel Team shall seek, interview and select candidates for these positions, once approved, these candidates will be brought to and interviewed by the Pastor for approval. Recommendations will be brought to the church in a special business meeting as per these bylaws Section 4.03 with the advice and consent of the Pastor. The Personnel Team shall serve as the arbitrator in the event of serious differences of opinion between salaried personnel or between salaried personnel and church leaders. Specific ministry positions may be filled by the Personnel Team on a part-time basis as is consistent with the budget and as the church has determined to fulfill its purpose. It is agreed that no ministerial staff position will be filled or terminated without agreement between the Personnel Team and the Pastor.
Section 7.04 Employees
The Personnel Team will recruit, interview and fill all employee positions as deemed necessary to accomplish the church's purpose, within the guidelines of budget, income and job description as approved by the appropriate team or council.
ARTICLE VIII
Records and Reports
Section 8.01 Reports to the Church
A report of the church's finances shall be available at least quarterly. The report shall contain at least the assets and liabilities of the church, principal changes in assets since the last report, receipts and expenditures of both general budget and designated funds, and a comparison of adopted budget to actual income and spending. Financial records (other than contributions of other members) will be available to any church member upon request in a timely and orderly fashion as deemed appropriate by the Stewardship Team. Financial records shall be audited periodically by an outside agency.
Section 8.02 Corporate Records
The church shall keep at its principal office the original or a certified copy of its Articles of Incorporation and bylaws as amended to date, the certified minutes of all business meetings and a record of the names and addresses of members. The church shall also keep adequate and correct books or records of account. A copy of the membership and financial records shall be kept offsite in a secure location/website with restricted access for the purpose of disaster planning.
ARTICLE IX
Other Provisions
Section 9.01 Amendments
These bylaws may be amended or repealed, or new bylaws may be adopted, by the affirmative vote of two-thirds of the active members present and voting in a duly called and held corporate business meeting of which special notice is given as per these bylaws Section 4.05.
Section 9.02 Execution of Documents
Any instrument, document, or other writing may be executed in the name and on behalf of the church by one or more of the Corporation Officers or any other person or persons authorized by the church to do so. Checks, drafts and other instruments of payment of funds of the church shall be executed in the name of the church by no fewer than two members who are authorized by the church to execute such instruments.
Section 9.03 Church Year
The church financial year and church program year shall be the calendar year.
Section 9.04 Denomination Meetings
The church shall elect from its members such messengers as are appropriate to attend denominational meetings, to the extent the church may send messengers under the bylaws of the applicable denominational organization. The Pastor, by virtue of his office, shall/may be a messenger to all denominational meetings to which the church is qualified to send messengers.
Section 9.05 Dissolution of the Church
If at any time this church shall be dissolved, merged out or should cease to function as a cooperating Southern Baptist church, the property and assets of the church, both real and personal, shall be distributed to the Great Commission Association of Southern Baptist Churches (GCASBC) or its successors. Sections 9.05A, 9.05B, 9.05C, and 9.05D are held to be irrevocable for the purpose of preserving the founder's intent for this ministry and all of its assets and properties to remain in Southern Baptist life. However, the provisions of this Article IX are conditioned upon the cooperating organizations named in Section 1.05 continuing to hold and practice doctrines that are consistent with this church's Purpose, Doctrine and Statement of Faith (Sections 1.02, 1.03). Should this condition not be met, the provisions of Article IX shall be null and void with the exception of this paragraph and of section 9.05A.
A. A vote to dissolve as a church shall require a two-thirds majority vote at a corporate business meeting called for that purpose (see section 4.04A(5)).
B. The church shall be determined to have ceased functioning as a cooperating Southern Baptist church when a statement to that effect is adopted by the Great Commission Association of Southern Baptist Churches Executive Board.
1. Preceding any such statement being adopted the church in question shall be requested in writing by the GCASBC Executive Board to attend a hearing to discuss ministry related concerns. The purpose of such a hearing is to resolve the concerns to all parties' satisfaction. The church agrees that when notified of the hearing about ministry-related concerns that no properties or assets, (other than normal budgeted expenses) will be liquidated, transferred or encumbered in any way until the conclusion of the process set forth in Section 9.05.
2. The church shall have a period of up to 90 days to address concerns discussed in the first hearing per Section 9.05 B1. The church shall schedule to meet again with the GCASBC Executive Board within the 90 day period to discuss progress towards concerns raised. If satisfactory progress has been made the matter shall be considered resolved. If insufficient progress has been made as determined by the GCASBC Executive Board, a statement may be adopted to the effect that the church has ceased to function as a cooperating Southern Baptist Church with the Great Commission Association of Southern Baptist Churches.
3. This statement would be made in rare instances; for example, when the church assets were in danger of being removed from Southern Baptist life by parties seeking to circumvent the church's will as expressed herein or other conditions that end the Southern Baptist ministry life of the church.
4. The GCASBC Executive Board must notify the church in writing if such a statement is adopted. A "ceasing to function as a cooperating Southern Baptist Church" statement will require a three-fourths (75%) vote in favor of the motion by the GCASBC Executive Board.
C. Should the church be determined to have ceased functioning as a cooperating Southern Baptist church according to the provisions of Section 9.05B, the church may appeal the decision to a Southern Baptist council if it believes that the GCASBC Executive Board was in error or unaware of important facts that would alter the decision.
1. This appeal must be made in writing to the GCASBC Executive Board within 30 days of receiving written notice of ceasing to function as a cooperating Southern Baptist Church with the Great Commission Association of Southern Baptist Churches.
2. A hearing will be granted within 60 days of receipt of the written request from the appealing church.
3. The appeal will be heard by the Southern Baptist council, which consists of the GCASBC Administrative Council, the Executive Director, four senior pastors within the association that are mutually agreed upon by both the church and the GCASBC Executive Board, and a non-voting representative of the California Southern Baptist Convention, if available. The church will be notified in writing within 30 days of the appeal hearing as to the final decision of the council. It will require a two-thirds (2/3) vote of the Southern Baptist council to uphold the GCASBC Executive Board decision.
4. The decision of the Southern Baptist council is legally binding upon all parties. Neither the GCASBC Executive Board nor the church shall contest the decision of the council in court.
5. Should either the church or the Great Commission Association of Southern Baptist
Churches fail to cooperate in the council's establishment or proceedings, that party shall automatically concede its position and privileges in the matter.
D. In accepting assets of the church under the provisions of this Article, the Great Commission Association of Southern Baptist Churches shall agree to be bound by the following conditions:
1. Should the Great Commission Association of Southern Baptist Churches receive assets of the church via dissolution of the church, or by finding that the church is not a cooperating Southern Baptist church under provisions of these Bylaws, the GCASBC agrees to utilize such assets for local church ministries.
2. In the event that the assets of the church have passed to the Great Commission Association of Southern Baptist Churches based on a finding that the church is not a cooperating Southern Baptist church under provisions of these Bylaws, the GCASBC shall return remaining assets to the church upon restoration of the church's status as a cooperating Southern Baptist church. Such restoration shall require satisfactory review and approval by the GCASBC Executive Board.