Official Constitution
(Revised and Approved April 18, 2004)

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Table of Contents

  Preamble
  Article I - Name and Purpose
            Section A - Name
            Section B - Purpose
  Article II - Membership
  Article III - Incorporation
  Article IV - Officers
            Section A - Officers of the Corporation
            Section B - Officers of the Church
            Section C - Other Elected Officers
            Section D - Succession
            Section E - Elections
            Section F - Duties of Officers
  Article V - Meetings
            Section A - Meetings of the Official Board
            Section B - Congregational Meetings
  Article VI - Minister(s)
            Section A - Duties
            Section B - Selection
            Section C - Term
  Article VII - Amendments
  Execution and Declarations
   
 

Preamble

  We, the members of the Sombra Del Monte Christian Church, Inc., (Disciples of Christ), a congregationally governed body, in order to promote the work of the church in the Spirit of Christ, and thus advance His Kingdom, do hereby adopt this Constitution.

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Article I - Name and Purpose

  Section A - Name
  The name of this nonprofit organization shall be the Sombra Del Monte Christian Church, Inc., (Disciples of Christ), of Albuquerque, New Mexico, affiliated with the denomination known as the Christian Church (Disciples of Christ) and the American Baptist Churches, USA. We are committed to the historic principles of these bodies whose lo­cal congregations are participating in the life and work of local, area, reg­ional, and national organizations reporting to the General Assembly of the Christian Church (Disciples of Christ), and the American Baptist Churches, USA or its legal successors.

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  Section B - Purpose
  The purpose of this church, as was revealed in the New Testament, shall be to win people to faith in Jesus Christ and commit them actively to the Church, to help them grow in the grace and knowledge of Christ that increasingly they may know and do His will, and to work for the unity of all Christians and, with them, engage in the common task of building the Kingdom of God.

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Article II - Membership

  The membership of this church shall consist of those persons who are now identified as members of the congregation and who shall unite with it by acknowledging the Lordship of Jesus Christ and by baptism by immersion, or by transfer of membership from other Christian communions who also acknowledge the Lordship of Jesus Christ. Re-baptism is not required. All members shall have the same rights, privileges, and responsibilities. No record or distinction shall be made concerning prior church affiliation or service.

Associate membership shall be extended to those persons who, because of stated reasons, wish to take fellowship for only a temporary or undefined period. Such associate members shall have all rights and privileges of regular members so long as they qualify as described herein.

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Article III - Incorporation

  The incorporation of this congregation shall be in accordance with the Certificate (Articles) of Incorporation, as filed in the Office of the State Corporation Commission in Santa Fe, New Mexico.

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Article IV - Officers

  Section A - Officers of the Corporation
  The following officers shall be the officers of the corporation as required by the laws of the State of New Mexico and be elected by the congregation from its membership, at the meeting hereinafter provided, for the designated term, or until removed, or at such time as a successor is elected and assumes office:

1. MODERATOR OF THE OFFICIAL BOARD AND CONGREGATION: The Moderator shall be the President of the Corporation, a member of the congregation, and elected annually in accordance with Section E below for a term not to exceed one (1) year.

2. TRUSTEES: Trustees shall be members of the congregation, not exceed three (3) in number, one-third of whom shall be elected each year for a term of three (3) years in accordance with section E below. Their corporate offices shall be as follows:

Sr. Trustee …….……… Vice President of the Corporation
Second year Trustee…….Secretary of the Corporation
First year Trustee……….Treasurer of the Corporation

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  Section B - Officers of the Church
  The following shall serve as elected officers of the church. No person shall serve as an officer of the church for more than three (3) consecutive years.

1. The OFFICIAL BOARD OF SOMBRA DEL MONTE CHRISTIAN CHURCH as described below. They shall be elected by the congregation from its membership, at the meeting hereinafter provided, for the designated term, or until removed, or at such time as a successor is elected and assumes office.

a. BOARD OFFICERS: No one person may serve in more than one of these offices at the same time. The term of all Board Offices shall be limited to one (1) year.

          1. MODERATOR
          2. VICE-MODERATOR
          3. SECRETARY
          4. TREASURER
          5. FINANCIAL SECRETARY

b. MEMBERS OF THE OFFICIAL BOARD

          1. SENIOR TRUSTEE
          2. CHAIR OF THE ELDERS
          3. BOARD MEMBER AT LARGE (6) members of the congregation who will not occupy either of the other board positions.

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  Section C - Other Elected Officers
  The following officers shall be elected by the congregation from its membership, at the meeting hereinafter provided, for the designated term, or until removed, or at such time as a successor is elected and assumes office:

1. ELDERS: Not to exceed fifteen (15) in number, one third of whom are elected annually as described in Section E below. The Elders shall serve as spiritual leaders of the congregation. The Board of Elders shall meet at regular intervals to perform the duties as described in the Constitution and Bylaws.

2. HONORARY OFFICERS: These are members who have retired from active responsibility and whose service and consecration to the church merit special honor. There shall be no limit to the number of honorary officers. Once elected, these members so honored shall be designated “______ Emeritus” for life. Examples are: Minister Emeritus, Elder Emeritus, Deacon Emeritus, Deaconess Emeritus or Trustee Emeritus.

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  Section D - Succession
  In the event that an officer of the church resigns or becomes unable or unwilling to perform his/her duties, his/her performance may be reviewed by the Board of Elders. Upon recommendation to the Official Board of the church by the Board of Elders, the officer's position may be declared open by a majority of the Official Board present and voting at any regular meeting. If the office is declared open, a replacement officer may be selected in accordance with the procedures as prescrib­ed in Section E, below, to complete the remainder of the open term. The timeframes prescribed in Section E are not applicable under this section.

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  Section E - Elections
  1. Not later than ninety (90) days after the beginning of the church administrative year, the Moderator of the Official Board shall present to the Board, for its ratification, a Nominating Committee that shall elect its chairman and consist of the following:

          a. One (1) Elder and five (5) individuals from the congregation.

2. The term of office of the Nominating Committee shall be for one (1) administrative year. No member shall serve two (2) consecutive terms. Vacancies on the Nominating Committee shall be nominated by the Moderator and ratified by the Official Board during a regular meeting of the Board.

3. At least eight (8) weeks before the annual election, the congregation will be invited to submit nominations for Elders, Trustees, all Board members and Board Officers (Moderator, Vice Moderator, Secretary, Treasurer and Financial Secretary), and Honorary Officers, for consideration by the Nominating Committee. The list of nominees for office selected by the Nominating Committee shall be published in the church newsletter at least two (2) weeks before the annual election meeting. The Nominating Committee shall nominate only one person for each position available. During the annual election meeting the membership will have the privilege of nominating from the floor. All persons so nominated must have agreed to serve before their names can be placed in nomination.

4. The congregation shall vote by secret ballot for the ballot of officers as presented by the Nominating Committee. Where the number of nominees does not exceed the number of offices to be filled, the slate may be elected by acclamation. If further nominations from the floor are properly submitted, the congregation shall vote by the following guidelines:

          a. If the nomination from the floor is for an office that is not contested, the congregation shall vote to accept or reject the nomination from the floor. If the congregation votes to accept the nomination, his or her name will be added to the official ballot as presented by the Nominating Committee. In the event of a tie, additional ballots shall be cast until the tie is broken.

          b. If the nomination from the floor is for a position in which a candidate has already been nominated, the congregation shall vote by secret ballot for their candidate of choice. In the event of a tie, additional secret ballots shall be cast until the tie is broken. The candidate receiving a plurality vote shall be added to the official ballot as presented by the Nominating Committee.

          c. Upon the completion of the above process, the congregation shall vote for the entire ballot as presented by the Nominating Committee and modified by the congregation.

5. Vacancies carried into or occurring in church offices during the administrative year may be filled by the Official Board as an item of New Business for the unexpired term.

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  Section F - Duties of Officers
  1. MODERATOR OF THE BOARD AND CONGREGATION: The Moderator shall be the President of the corporation, and shall be responsible for the corporation’s activities conducted under the Articles of Incorporation as referenced in Article III of this constitution. The Moderator shall also be responsible for the conduct of the business of the church’s organizations in accordance with this constitution and By-laws as adopted by the congregation.

2. ELDERS: The Elders shall serve as the lay spiritual leaders of the church. They shall act as advisors to the Minister(s) and arrange for a substitute to fill the pulpit in the Minister’s absence. They shall conduct prayer and visitation with church members and take communion to hospitalized and homebound members. The Elders shall serve at the Lord’s Table and offer prayer for the elements of communion. They shall, by example, encourage missionary, evangelistic, educational and stewardship responsibilities of the Church. The Elders, in cooperation with the Pastoral Relations Committee shall make recommendations to the Official Board in matters relating to the Minister(s) and to the Stewardship Department in compensation matters.

3. TRUSTEES: The Trustees, in cooperation with the Moderator, shall be the legal agents of the church, under the direction of the Official Board and subject to the approval of the congregation. They shall hold legal title to all church property and transact all business relating thereto. They shall maintain all legal documents pertaining to the church in a safe deposit box in a local bank designated by the Official Board. They shall have supervision over all endowment and trust funds, and perform such other duties as may be assigned. All legal action will be taken in accordance with the laws of the State of New Mexico. The Trustees shall review the insurance program of the church each year and implement any necessary changes. The Trustees serve as corporate officers as described in Section A. 2 of this Article.

4. HONORARY OFFICERS: The honorary officers of the church shall be relieved of all regular duties.

5. OFFICIAL BOARD:

          a. It shall be the duty of the Official Board,

                    1. To consider and recommend general policies to the congregation.
                    2. To transact the business affairs of the church.
                    3. To direct and administer the program of the church.

          b. The Moderator shall preside over all Board meetings to ensure the orderly conduct of such meetings in accordance with Article V Section B paragraph 7 below.

          c. The Vice Moderator shall serve as the Chair of the Cabinet, and in the absence of the Moderator preside over Board meetings in accordance with Article V Section C paragraph 7 below.

          d. The Secretary shall record minutes of all meetings of the Official Board, and present such minutes for review at the succeeding meeting. Approved minutes shall then be submitted to the church office for the official file.

          e. The Treasurer shall be responsible for:

                    1. Maintaining the financial accounts of the Church and presenting financial reports to the Board at all regular meetings.

                    2. Ensuring that all bills and financial obligations of the church are paid correctly and in a timely manner.

                    3. Preparing any required financial reporting to any Church, and Federal, State or Local government organizations.

          f. The Financial Secretary shall deposit any funds received by the Church either through offerings during services or otherwise, maintain accurate records, and report to each contributor of:

                    1. Funds given and purpose, and;
                    2. Financial pledges.

          g. Other individuals as may be needed to assist in carrying out the program may be selected by the respective responsible officer from members of the Board or from the congregation at large and must be confirmed by the Board. Individuals filling positions in this category are not officers or voting Board members, and may include:

                  (1) Assistant Financial Secretary
                  (2) Assistant Treasurer

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Article V - Meetings

  Section A - Meetings of the Official Board
  1. REGULAR MEETINGS: The Official Board shall meet at regular intervals to perform the duties provided in the Constitution and the Bylaws. Such meetings shall be open to all interested parties

2. SPECIAL MEETINGS: Special meetings of the Official Board may be called to transact a specific item or items of business pertaining to the affairs of the church. Procedures for calling a special Official Board meeting shall be established in the By-laws.

3. The schedule of meetings can be changed by a majority vote of the Official Board.

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  Section B - Congregational Meetings
  1. ANNUAL PROGRAM MEETING: On a date not later than the first Sunday in the last month of the church financial year as defined in the by-laws, the congregation shall meet to approve the program and budget of the church for the ensuing financial year.

2. ELECTION MEETING: On a date not later than the first Sunday of the last month of the church administrative year as defined in the by-laws, the congregation shall meet to elect the Church Officers.

3. SPECIAL MEETINGS: Special congregational meetings may be called as needed. Such meetings shall be called by the Moderator of the Board / Congregation, or by the Vice Moderator, in the absence of the Moderator, or upon request of the Official Board, or by written petition of not less than five (5) percent of the congregation.

4. No real property shall be purchased, and no real property may be sold without the prior approval of the congregation as obtained during a congregational meeting.

5. NOTICE OF MEETINGS: Notice of all meetings of the congregation shall be given at a regular Sunday worship service at least one week in advance of the meeting and by mail posted no later than four (4) days prior to the meeting.

6. TIME OF MEETINGS: Congregational meetings will be held using the following guidelines:

     a. The Annual Program meeting and all special meetings dealing with the subjects of ministerial calling, land or building purchase or sale, major capital campaigns, or constitutional amendments, will take place during one session at a time determined by the Official Board.

     b. All other congregational meetings shall take place at times, locations, and sessions determined by the Official Board in adherence with this Constitution.

7. RULES OF ORDER: All business meetings of the congregation and of the Official Board shall follow "Roberts Rule of Order, Revised."

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Article VI - Minister(s)

  Section A - Duties
  1. The Minister(s) shall be the spiritual leader(s) of the church in conjunction with the Elders, and perform such duties as usually pertain to the office. The Minister(s) shall foster and maintain a cooperative relationship between the congregation and all agencies which report to the international organizations and committees.

2. The Minister(s) of the church shall perform the duties of the office to which the Minister(s) is/are called. In general, the role of the Minister(s) shall be in accord with those principles set forth in guidance manuals for Christian Churches (Disciples of Christ) and the American Baptist Churches, USA. The Minister(s) shall be ex-officio member(s) of all organized groups, auxiliaries, and committees. The Minister(s) shall, in cooperation with the Moderator of the Official Board, encourage orderly procedures in the life and work of the church through effective use of the Constitution and Bylaws.

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  Section B - Selection
  The Minister(s) shall be chosen for the church in the manner hereinafter provided:

1. A representative committee consisting of three (3) Elders (selected by the Elders), two (2) members of the Board (selected by the Official Board), and two (2) members of the congregation not on the Official Board (selected by the Moderator of the Board/Congregation), shall serve as the Search Committee to review the qualifications and requirements of prospective candidates, negotiate terms and conditions of employment such as salary and benefits packages, and recommend a prospective Minister to the church in accordance with the provisions of this section. The Chairperson of the Search Committee shall be nominated by the Moderator and ratified by the Official Board.

2. A Special Committee composed of the Official Board and the Elders, and chaired by the Moderator, shall consider the recommendation of the Search Committee and, if approved by a majority of the Special Committee, recommend the prospective Minister to the congregation at a special meeting. It shall be the policy that the Board and congregation consider only one Minister at a time.

3. The recommendation of the Official Board shall be accepted upon a favorable vote of at least two-thirds of the congregation present and voting in a special or regular business meeting of the congregation. This must be done before an official call may be made to the candidate.

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  Section C - Term
  The term of ministry shall be for an indefinite period. A written statement setting forth the salary to be paid and other conditions of the call shall be made. The Minister may terminate the contract on sixty (60) days notice in writing. The congregation may also terminate the contract on sixty (60) days notice in the following manner:

1. Any member or group of members may present a request for termination of the Minister's contract to the Board of Elders. The Board of Elders shall act on the request:

     a. By resolving the differences so that the request be withdrawn, or

     b. By rejecting the request, or

     c. By accepting the request and referring it to the Official Board for acceptance.

2. In the event that the Board of Elders rejects the request of the member or group of members according to 1-b above, the complainant or complainants may petition the Official Board, provided the petition is supported by ten percent (10%) of the congregation, or by twenty (20) members. The Official Board shall proceed as follows:

     a. After discussion, the question of termination shall be submitted to a secret ballot.

3. If the Board of Elders decides according to 1-c, then this matter will be presented to the Official Board for action. The Official Board shall proceed as follows:

     a. After discussion, the question of termination shall be submitted to a secret ballot.

     b. If a simple majority of the Board favors termination of the contract, this decision shall be presented to the congregation.

4. The congregation shall vote by a secret ballot. Simple majority shall decide the question.

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Article VII - Amendments

  This Constitution may be amended at any regular or special business meeting of the congregation by a vote of two-thirds of the members present and voting on the amendment, provided that written notice of the proposed amendment has been given to the members of the congregation at least two weeks before the meeting, or the proposed amendment has been read at two regular Sunday services before the date the vote is taken.

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  Execution and Declarations
 

This Constitution was approved by the congregation on April 18, 2004. This Constitution takes effect as soon as it cam be implemented.

This Constitution supersedes all previous Constitutions.

Date: April 18, 2004
Floyd Braaten, III, Moderator
Official Board and Congregation

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