Effingham Union Church By-Laws

 I -  DESIGNATED POWERS

This corporation shall have the powers granted to corporations under the corporate laws of the State of Kansas for religious, charitable, and other organizations and corporations not for profit; PROVIDED, that the officers and members of this corporation shall be bound by and subject to the constitutions and the general authority requirements of The United Methodist Church and the United Presbyterian Church in the United States of America.

Whenever the constitutions of the two said denominations differ, the mandatory provisions of one shall apply in all cases when the other is permissive.  Whenever there are conflicting mandatory provisions (except as provided hereafter in Article II-G), the Board of Directors shall petition the judicatories of immediate jurisdiction to overture their respective highest courts to resolve the conflict either by authoritative interpretation or by constitutional amendment.

II -  MEMBERSHIP

A. Any member of the First United Methodist Church of Effingham, Kansas, and of the First United Presbyterian Church of Effingham, Kansas, shall be a member of the Effingham Union Church by virtue of his/her rights as a member of such church.

B. All persons shall be entitled to attend the church worship services and to participate in its programs.  All baptized persons may be admitted into its membership by Confession of Faith, Reaffirmation of Faith, or by Letter of Transfer, and by the Minister bringing them before the congregation, administering the vows, and receiving them into the fellowship of the Church.
C. It shall be the duty of each member of the Effingham Union Church to advance the objectives of the church:

  1. By regular attendance
  2. By giving financial support and
  3. By giving such service as may devolve upon said member.

D. Non-participating members shall be contacted annually by the Membership Committee to determine interest in continuing as a member.  Any member who fails to respond after three (3) years shall be removed from the active roll.

  E. The church shall maintain a joint membership roll to be in the custody of the Board of Directors: PROVIDED, initially, such roll shall designate the denomination of such members by (M) for United Methodist and (P) for United Presbyterian; thereafter, no such designations shall be used for persons added to the membership roll unless specifically requested by such member.

F. The Board of Directors shall report an equal share of the total membership to the United Methodist Church and to the United Presbyterian Church.  A similar report of the church school members, baptisms, etc., and of financial expenditures shall be made by the Board of Directors to each such denomination.
G. All members shall be under the discipline of the Board of Directors according to rules agreed upon in harmony with the Constitutions of each denomination where they coincide, and in harmony with the mandatory provisions of the Constitution of one denomination where the other is permissive, and at the choice of the Board of Directors where they may be contradictory.

 III -  GOVERNING BODY AND OFFICERS

A. The governing body shall be the Board of Directors consisting of twelve (12) members of the church, who shall also serve as the Board of Trustees.  The members shall be elected by the congregation for three (3) year terms; PROVIDED, HOWEVER, at the first election six (6) members elected shall be United Methodist of which two (2) shall be elected for a one (1) year term, two (2) shall be elected for two (2) year terms and two (2) shall be elected for three (3) year terms and six (6) members elected shall be United Presbyterian of which two (2) shall be elected for one (1) year terms, two (2) shall be elected for two (2) year terms and two (2) shall be elected for three (3) year terms; provided, further, that no person shall serve on the Board of Directors for consecutive terms, either full or partial, aggregating more than six (6) years.

B. The Board of Directors shall have the powers of the Session of the United Presbyterian Church and of the Administrative Board of The United Methodist Church; that at all times at least two (2) of the members of the Board shall be ordained Ruling Elders; that all of such members shall be eligible to membership and office in the higher judicatories of both denominations.

C. The Board shall elect from its membership a Chairman, Vice-chairman, and Secretary to serve for one (1) year.  Any officer may be re-elected for consecutive terms.

D. Should any vacancy occur in any elective position, the Board of Directors shall confer with the Nominating Committee to fill such vacancy until the next annual meeting of the membership.

E. Appeals or complaints against the actions or administrative acts of the Board of Directors may be taken under the constitutional provisions of only one denomination, according to the choice of the complainant, and once being complained to one judicatory, no other denomination shall accept jurisdiction in the same matter.  Subsequent appeals or complaints shall be in the courts of the members’ original choice, and decisions so finally made shall be binding on the Board of Directors and on the members.

  F. The Board of Directors shall meet with the District Superintendent of The United Methodist Church and a Representative from Presbytery at least once a year, to discuss and determine together the condition and development of the Union congregation and the response which the District Superintendent or Presbytery should make toward the church in the way of resources, guidance, and hope.

 IV - MINISTER

A. The Minister of the Effingham Union Church shall perform the duties which usually pertain to that office.  As a guide of the spiritual and temporal affairs of the church, he/she shall be an ex-officio member of all organized groups, auxiliaries, and committees.  The minister shall be a member of the Board of Directors with the right of participation and voting.

B. The Minister shall be a full and responsible member of each judicatory of immediate jurisdiction and shall be subject to discipline of such judicatories.
C. The Minister shall be selected in the manner approved and in use by either The United Methodist Church or the United Presbyterian Church in the United States of America.  Reasonable effort shall be taken to alternate among the two said denominations.

D. The Minister shall participate in the denominational Pension Plan of one of the denominations.  If he/she is already participating in one plan, he/she shall remain in that plan.  If he/she is not a member of any, he/she shall choose between them.

E. The Minister shall be subject to the discipline of the judicatories of jurisdiction, provided that when one shall begin an action, it shall invite a committee from the other to join the commissioner, prosecutor, or prosecuting committee in formulating and pressing the charges.  In the event of appeal, the case shall be finally decided by the highest court to which the appeal taken in the church which commenced the action, and that decision shall be equally binding on the judicatories of jurisdiction.

F. The Minister shall not be a self-avowed and practicing homosexual, nor shall he/she perform same-sex unions.