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I managed to simplify my question. This is the relevant line from our current constitution (church) C12.05. d. The Congregation Council shall prepare an annual budget for adoption by this congregation, (emphasis added) shall supervise the expenditure of funds in accordance therewith following its adoption, and may incur obligations of more than $ 10, 000 in excess of the anticipated receipts only after approval by a Congregation Meeting. The budget shall include this congregation's full indicated share in support of the wider ministry being carried on in partnership with the synod and churchwide organization. My question: Can the Council-prepared budget be amended from the floor by a congregation member, following appropriate procedures? Or, based on this language is it a binary vote? Thanks, Todd
The process for amending the bylaws in the organization state that, unless otherwise specified, the amendment becomes effective upon publishing of the amended bylaws. Past precedent has had bylaws that have had certain effective dates (the bylaw states that it becomes effective on January 1, 2012), but I have not seen any bylaws listed with an event triggering the amendment. I'm still working on the dissolution of the church...they have retained a lawyer who has said the process starts with the resolution to dissolve in their elder board. Further discussions with the lawyer have given the implication that the board will still need to be active and empowered until the dissolution is complete. How does one write the amendment so the board has accepted the amendment and still has authority until the dissolution is complete?
I have been called in to consult on an independent church that is dissolving after 105 years and merging with another similar church in the city. When they first incorporated, state law did not require a dissolution article in the bylaws, so none was added. RONR11 is vague on the topic, other than saying to follow state laws regarding the dissolution. The church is consulting with an attorney regarding the assets, liabilities, etc. State laws say that the body of the corporation (as a non-stockholding corporation) must vote on the dissolution. My questions: 1) Would this be a resolution vote, subject to the regulations of the church's bylaws on amending the bylaws? 2) If it is not an amendment vote, is this treated as a regular motion or a privileged motion? 3) Can the motion be properly amended? I'm sure additional questions will come up...