ARTICLE
1 – NAME AND PURPOSE
Section 1.01—Name
This congregation of
believers shall be known as the Messiah
Baptist Church, in accordance
with the Articles of Incorporation.
Section 1.02—Purpose
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This congregation is
organized as a church exclusively for charitable, religious, and
educational purposes within the meaning of Section 501 (c) (3) of the
Internal Revenue Code of 1986 (or the corresponding provision of any
future United States Revenue Law), including, but not limited to, for
such purposes, the establishing and maintaining of religious worship,
the building of churches, parsonages, schools, chapels, radio
stations, television stations, rescue missions, print shops,
addiction recovery centers, daycare centers, and camps; the
evangelizing of the unsaved by
the proclaiming of the Gospel of the Lord Jesus Christ; the educating
of believers in a manner consistent with the requirements of Holy
Scripture, both in Sunday and weekday schools of Christian education;
and the maintaining of missionary activities in the United States and
any foreign country.
ARTICLE
2 – STATEMENT OF FAITH AND COVENANT
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Section
2.01—Statement Of Faith
The following comprise
the Scriptural beliefs of this church and its members.
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(A) The Holy
Scriptures. We believe the
Holy Scriptures of the Old and New Testament to be the verbally and
plenarily inspired Word of God. The Scriptures are inerrant,
infallible and God-breathed and, therefore, are the final authority
for faith and life. The sixty-six books of the Old and New
Testament are the complete and divine revelation of God to Man. The
Scriptures shall be interpreted according to their normal
grammatical-historical meaning, and all issues of interpretation and
meaning shall be determined by the pastor. The King James Version
of the Bible shall be the official and only translation used by the
church. (2 Tim. 3:16-17; 2 Pet. 1:20-21)
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(B) Dispensationalism.We believe that the
Scriptures interpreted in their natural, literal sense reveal
divinely determined dispensations or rules of life which define
man’s responsibilities in successive ages. These dispensations
are not ways of salvation, but rather are divinely ordered
stewardships by which God directs man according to His purpose.
Three of these dispensations—the law, the church, and the
kingdom—are the subjects of detailed revelation in Scripture.
(Gen. 1:28; 1 Cor. 9:17; 2 Cor. 3:9-18; Gal. 3:13-25; Eph. 1:10;
3:2-10; Col. 1:24-25, 27; Rev. 20:2-6)
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(C) The
Godhead. We believe in one
triune God, eternally existing in three persons—Father, Son, and
Holy Spirit—each co-eternal in being, co-identical in nature,
coequal in power and glory, and having the same attributes and
perfections. (Deut. 6:4; Matt. 28:19; John 14:10, 26; 2 Cor. 13:14)
(D) The Person and Work of Christ.
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1. We
believe that the Lord Jesus Christ, the eternal Son of God, became
man, without ceasing to be God, having been conceived by the Holy
Spirit and born of the virgin Mary, in order that He might reveal
God and redeem sinful men. (Isa. 7:14; 9:6; Luke 1:35; John 1:1-2,
14; 2 Cor. 5:19-21; Gal. 4:4-5; Phil. 2:5-8)
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2. We
believe that the Lord Jesus Christ accomplished our redemption
through His death on the cross as a representative, vicarious,
substitutionary sacrifice; and, that our justification is made
sure by His literal, physical resurrection from the dead. (Acts
2:18-36; Rom. 3:24-25; Eph. 1:7; 1 Pet. 2:24; 1 Peter 1:3-5)
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3. We
believe that the Lord Jesus Christ ascended to Heaven and is now
exalted at the right hand of God where, as our High Priest, He
fulfills the ministry of Representative, Intercessor, and
Advocate. (Acts 1:9-10; Rom. 8:34; Heb. 9:24; 7:25; 1 John 2:1-2)
(E) The Person and
Work of the Holy Spirit.
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1. We
believe that the Holy Spirit is a person who convicts the world of
sin, of righteousness, and of judgment; and, that He is the
Supernatural Agent in regeneration, baptizing all believers into
the body of Christ, indwelling and sealing them unto the day of
redemption. (John 16:8-11; Rom. 8:9; 1 Cor. 12:12-14; 2 Cor. 3:6;
Eph. 1:13-14)
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2. We
believe that He is the divine Teacher who assists believers to
understand and appropriate the Scriptures and that it is the
privilege and duty of all the saved to be filled with the Spirit.
(Eph. 1:17-18; 5:18; 1 John 2:20, 27)
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3. We
believe that God is sovereign in the bestowal of spiritual gifts
to every believer. God uniquely uses evangelists, pastors, and
teachers to equip believers in the assembly in order that they can
do the work of the ministry. (Rom. 12:3-8; 1 Cor. 12:4-11, 28;
Eph. 4:7-12)
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4. We
believe that the sign gifts of the Holy Spirit, such as speaking
in tongues and the gift of healing, were temporary. Speaking in
tongues was never the common or necessary sign of the baptism or
filling of the Holy Spirit. Ultimate deliverance of the body from
sickness or death awaits the consummation of our salvation in the
resurrection, though God frequently chooses to answer the prayers
of believers for physical healing. (1 Cor. 1:22; 13:8; 14:21-22)
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(F) The Total
Depravity of Man. We
believe that man was created in the image and likeness of God; but
that in Adam’s sin the human race fell, inherited a sinful nature,
and became alienated from God. Man is totally depraved and, of
himself, utterly unable to remedy his lost condition. (Gen. 1:26-27;
Rom. 3:22-23; 5:12; 6:23; Eph. 2:1-3; 4:17-19)
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(G)
Salvation. We believe that
salvation is the gift of God brought to man by grace and received by
personal faith in the Lord Jesus Christ, Whose precious blood was
shed on Calvary for the forgiveness of our sins. We believe that
all sins, except blasphemy of the Holy Spirit, are forgivable.
(Matt. 12:31-32; John 1:12; Eph. 1:7; 2:8-10; 1 Pet. 1:18-19; 1 John
1:9)
(H) The Eternal
Security and Assurance of Believers.
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1. We
believe that all the redeemed, once saved, are kept by God’s
power and are thus secure in Christ forever. (John 6:37-40;
10:27-30; Rom. 8:1; 38-39; 1 Cor. 1:4-8; 1 Pet. 1:4-5)
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2. We
believe that it is the privilege of believers to rejoice in the
assurance of their salvation through the testimony of God’s
Word, which, however, clearly forbids the use of Christian liberty
as an occasion to the flesh. (Rom. 13:13-14; Gal. 5:13; Titus
2:11-15)
(I) The Church
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1. We
believe that the local church, which is the body and the espoused
bride of Christ, is solely made up of born-again persons. (1 Cor.
12:12-14; 2 Cor. 11:2; Eph. 1:22-23; 5:25-27)
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2. We
believe that the establishment and continuance of local churches
is clearly taught and defined in the New Testament Scriptures.
(Acts 14:27; 20:17, 28-32; 1 Tim. 3:1-13; Titus 1:5-11)
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3. We
believe in the autonomy of the local church free of any external
authority or control. (Acts 13:1-4; 15:19-31; 20:28; Rom. 16:1, 4;
1 Cor. 3:9, 16; 5:4-7, 13; 1 Pet. 5:1-4)
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4. We
recognize water baptism and the Lord’s Supper as the Scriptural
ordinances of obedience for the church in this age. (Matt.
28:19-20; Acts 2:41-42; 8:36-38; 1 Cor. 11:23-26)
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(J)
Separation. We believe that
all the saved should live in such a manner as not to bring reproach
upon their Savior and Lord. God commands His people to separate from
all religious apostasy, all worldly and sinful pleasures, practices,
and associations, and to refrain from all immodest and immoderate
appearances, piercings, and bodily markings. (Lev. 19:28; Rom.
12:1-2; 14:13; 1 Cor. 6:19-20; 2 Cor. 6:14-7:1; 2 Tim. 3:1-5; 1 John
2:15-17; 2 John 9-11)
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(K) The
Second Advent of Christ. We
believe in that blessed hope,
the personal, imminent return of Christ, Who will rapture His church
prior to the seven-year tribulation period. At the end of the
Tribulation, Christ will personally and visibly return with His
saints, to establish His earthly Messianic Kingdom which was
promised to the nation of Israel. (Ps. 89:3-4; Dan. 2:31-45; Zech.
14:4-11; 1 Thess. 1:10, 4:13-18; Titus 2:13; Rev. 3:10; 19:11-16;
20:1-6)
(L) The Eternal
State.
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1. We
believe in the bodily resurrection of all men, the saved to
eternal life, and the unsaved to judgment and everlasting
punishment. (Matt. 25:46; John 5:28, 29; 11:25-26; Rev. 20:5-6,
12-13)
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2. We
believe that the souls of the redeemed are, at death, absent from
the body and present with the Lord, where in conscious bliss they
await the first resurrection, when spirit, soul, and body are
reunited to be glorified forever with the Lord. (Luke 23:43; 2
Cor. 5:8; Phil. 1:23; 3:21; 1 Thess. 4:16-17; Rev. 20:4-6)
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3. We
believe that the souls of unbelievers remain, after death, in
conscious punishment and torment until the second resurrection,
when with soul and body reunited, they shall appear at the Great
White Throne Judgment, and shall be cast into the Lake of Fire,
not to be annihilated, but to suffer everlasting conscious
punishment and torment. (Matt. 25:41-46; Mark 9:43-48; Luke
16:19-26; 2 Thess. 1:7-9; Jude 6-7; Rev. 20:11-15)
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(M) The
Personality of Satan. We
believe that Satan is a person, the author of sin and the cause of
the Fall of Man; that he is the open and declared enemy of God and
man; and that he shall be eternally punished in the Lake of Fire.
(Job 1:6-7; Isa. 14:12-17; Matt. 4:2-11; 25:41; Rev. 20:10)
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(N) Creation.We believe that God created
the universe in six literal, 24-hour periods. We reject evolution,
the Gap Theory, the Day-Age Theory, and Theistic Evolution as
unscriptural theories of origin. (Gen. 1-2; Ex. 20:11)
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(O) Civil
Government. We believe that
God has ordained and created all authority consisting of three basic
institutions: 1) the home, 2) the church, and 3) the state. Every
person is subject to these authorities, but all (including the
authorities themselves) are answerable to God and governed by His
Word. God has given each institution specific Biblical
responsibilities and balanced those responsibilities with the
understanding that no institution has the right to infringe upon the
other. The home, the church, and the state are equal and sovereign
in their respective Biblically assigned spheres of responsibility
under God. (Rom. 13:1-7; Eph. 5:22-24; Heb. 13:17; 1 Pet. 2:13-14)
(P) Human
Sexuality.
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1. We
believe that God has commanded that no intimate sexual activity be
engaged in outside of a marriage between one man and one woman.
We believe that any form of homosexuality, lesbianism,
bisexuality, bestiality, incest, fornication, adultery, and
pornography are sinful perversions of God’s gift of sex. We
believe that God disapproves of and forbids any attempt to alter
one’s gender by surgery or appearance. (Gen. 2:24; Gen. 19:5,
13; Gen. 26:8-9; Lev. 18:1-30; Rom. 1: 26-29; 1 Cor. 5:1; 6:9; 1
Thess. 4:1-8; Heb. 13:4)
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2. We
believe that the only Scriptural marriage is the joining of one
man and one woman. (Gen. 2:24; Rom. 7:2; 1 Cor. 7:10; Eph.
5:22-23)
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(Q) Family
Relationships
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1. We
believe that men and women are spiritually equal in position
before God but that God has ordained distinct and separate
spiritual functions for men and women in the home and the church.
The husband is to be the leader of the home, and men are to be the
leaders (pastors and deacons) of the church. Accordingly, only
men are eligible for licensure and ordination by the church.
(Gal. 3:28; Col. 3:18; 1 Tim. 2:8-15; 3:4-5, 12)
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2. We
believe that God has ordained the family as the foundational
institution of human society. The husband is to love his wife as
Christ loves the church. The wife is to submit herself to the
Scriptural leadership of her husband as the church submits to the
headship of Christ. Children are an heritage from the Lord.
Parents are responsible for teaching their children spiritual and
moral values and leading them, through consistent lifestyle
example and appropriate discipline, including Scriptural corporal
correction. (Gen. 1:26-28; Ex. 20:12; Deut. 6:4-9; Ps. 127:3-5;
Prov. 19:18; 22:15; 23:13-14; Mk. 10:6-12; 1 Cor. 7:1-16; Eph.
5:21-33; 6:1-4, Col. 3:18-21; Heb. 13:4; 1 Pet. 3:1-7)
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(R) Divorce
and Remarriage. We believe
that God disapproves of and forbids divorce and intends marriage to
last until one of the spouses dies. Divorce and remarriage is
regarded as adultery except on the grounds of fornication. Although
divorced and remarried persons or divorced persons may hold
positions of service in the church and be greatly used of God for
Christian service, they may not be considered for the offices of
pastor or deacon. (Mal. 2:14-17; Matt. 19:3-12; Rom. 7:1-3; 1 Tim.
3:2, 12; Titus 1:6)
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(S) Abortion.We believe that human life
begins at conception and that the unborn child is a living human
being. Abortion constitutes the unjustified, unexcused taking of
unborn human life. Abortion is murder. We reject any teaching that
abortions of pregnancies due to rape, incest, birth defects, gender
selection, birth or population control, or the physical or mental
well being of the mother are acceptable. (Job 3:16; Ps. 51:5;
139:14-16; Isa. 44:24; 49:1, 5; Jer. 1:5; 20:15-18; Luke 1:44)
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(T) Euthanasia. We
believe that the direct taking of an innocent human life is a moral
evil, regardless of the intention. Life is a gift of God and must
be respected from conception until natural death. Thus we believe
that an act or omission which, of itself or by intention, causes
death in order to eliminate suffering constitutes a murder contrary
to the will of God. Discontinuing
medical procedures that are extraordinary or disproportionate to the
expected outcome can be a legitimate refusal of over-zealous
treatment. (Ex. 20:13, 23:7;
Matt. 5:21; Acts 17:28)
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(U) Love. We
believe that we should demonstrate love for others, not only toward
fellow believers, but also toward both those who are not believers,
those who oppose us, and those who engage in sinful actions. We are
to deal with those who oppose us graciously, gently, patiently, and
humbly. God forbids the stirring up of strife, the taking of
revenge, or the threat or the use of violence as a means of
resolving personal conflict or obtaining personal justice. Although
God commands us to abhor sinful actions, we are to love and pray for
any person who engages in such sinful actions. (Lev. 19:18; Matt.
5:44-48; Luke 6:31; John 13:34-35; Rom. 12:9-10; 17-21; 13:8-10;
Phil. 2:2-4; 2 Tim. 2:24-26; Titus 3:2; 1 John 3:17-18)
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(V) Lawsuits
Between Believers. We
believe that Christians are prohibited from bringing civil lawsuits
against other Christians or the church to resolve personal disputes.
We believe the church possesses all the resources necessary to
resolve personal disputes between members. We do believe, however,
that a Christian may seek compensation for injuries from another
Christian’s insurance company as long as the claim is pursued
without malice or slander. (1 Cor. 6:1-8; Eph. 4:31-32)
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(W) Missions.We believe that God has
given the church a great commission to proclaim the Gospel to all
nations so that there might be a great multitude from every nation,
tribe, ethnic group, and language group who believe on the Lord
Jesus Christ. As ambassadors of Christ we must use all available
means to go to the foreign nations and not wait for them to come to
us. (Matt. 28:19-20; Mark 16:15; Luke 24:46-48; John 20:21; Acts
1:8; 2 Cor. 5:20)
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(X) Giving. We believe that every
Christian, as a steward of that portion of God’s wealth entrusted
to him, is obligated to financially support his local church. We
believe that God has established the tithe as a basis for giving,
but that every Christian should also give other offerings
sacrificially and cheerfully to the support of the church, the
relief of those in need, and the spread of the Gospel. We believe
that a Christian relinquishes all rights to direct the use of his
tithe or offering once the gift has been made. (Gen. 14:20; Prov.
3:9-10; Acts 4:34-37; 1 Cor. 16:2; 2 Cor. 9:6-7; Gal. 6:6; Eph.
4:28; 1 Tim. 5:17-18; 1 John 3:17)
Section
2.02—Authority Of Statement of Faith
The Statement of Faith
does not exhaust the extent of our faith. The Bible itself is the
sole and final source of all that we believe. We do believe,
however, that the foregoing Statement of Faith accurately represents
the teaching of the Bible and, therefore, is binding upon all
members. All literature used in the church shall be in complete
agreement with the Statement of Faith.
Section
2.03—Covenant
Having been led, as we
believe, by the Spirit of God, to receive the Lord Jesus Christ as
our Savior, and on profession of our faith, having been baptized in
the name of our Father, and of the Son, and of the Holy Ghost, we do
now, in the presence of God, angels, 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, discipline and doctrines; to give it a sacred
preeminence over all institutions of human origin; and 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 private devotions; to religiously educate our
children; to seek the salvation of our kindred, acquaintances, and
all others; to walk circumspectly in the world; to be just in our
dealings, faithful to our engagements, and exemplary in our
deportment; to avoid all tattling, backbiting, and excessive anger;
to abstain from such worldly amusements as watching ungodly movies,
gambling, rock music, and dancing; to be free from all oath-bound
secret societies and partnerships with unbelievers; to abstain from
the sale or use of tobacco in any form, narcotic drugs, or
intoxicating drink as a beverage; 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 each other in
prayer; to aid each other in sickness and distress; to cultivate
Christian sympathy in feeling and courtesy of speech; to be slow to
take offense, but always ready for reconciliation, and mindful of the
rules of our Savior, and to secure reconciliation 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
3 – MEMBERSHIP
Section
3.01—Qualifications For Membership
After meeting with the
Pastor (or the board of deacons if the office of Pastor is vacant),
being approved by him, and upon a majority vote of the members
present at any church service or meeting, membership shall be
extended to all who have had and whose lives evidence a genuine
experience of regeneration through faith in and acceptance of the
Lord Jesus Christ as personal Savior; who renounce sin; who endeavor
to live a consecrated life wholly unto the Lord; who fully subscribe
to the Statement of Faith contained herein; who enter into the church
covenant contained herein; who agree to submit to the authority of
the church and its leaders as set forth herein; upon compliance with
any one of the following conditions:
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(A) By
baptism (immersion) as a true believer in Christ Jesus as personal
Savior;
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(B) By
letter of transfer from another Bible-believing church of like faith
and practice, or other written statement of good standing from the
prior church if the applicant has been baptized by immersion
subsequent to a profession of faith;
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(C)
By testimony of faith, having been baptized by immersion; or
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By restoration, if
having been removed from membership, upon majority vote of the
congregation after confession is made publicly before the church
membership of the sin or sins involved, and satisfactorily
evidencing repentance to the pastor (or the board of deacons if the
office of pastor is vacant).
Section 3.02—Duties
Of A Member
On becoming a member of
this church, in addition to the covenant contained in Section 2.03,
each member further covenants to love, honor, and esteem the pastor;
to pray for him; to recognize his authority in spiritual affairs of
the church; to cherish a brotherly love for all members of the
church; to support the church in prayer, tithes, offerings and with
other financial support as the Lord enables; and in accordance with
Biblical commands, to support through a lifestyle walk affirming the
beliefs and practices of the church.
Section
3.03—Privileges Of Membership
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(A)
Only members at least sixteen years of age who are physically
present at a duly called meeting of the church shall be entitled to
vote. There shall be no proxy or absentee voting. The eligible
membership of the church has certain limited areas to exercise a
vote. Members may not vote to initiate any church action, rather
the vote of a member is to confirm and ratify the direction of the
church as determined by the pastor and the board of deacons.
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(B)
This congregation functions not as a pure democracy, but as a body
under the headship of the Lord Jesus Christ and the direction of the
pastor as the undershepherd with the counsel of the board of
deacons. Determinations of the internal affairs of this church are
ecclesiastical matters and shall be determined exclusively by the
church’s own rules and procedures. The pastor shall oversee
and/or conduct all aspects of this church. The board of deacons
shall give counsel and assistance to the pastor as requested by him.
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(C) Membership in this church
does not afford the members with any property, contractual, or civil
rights based on principles of democratic government. Although the
general public is invited to all of the church’s worship services,
the church property remains private property. The pastor (or in his
absence, an individual designated by the board of deacons) has the
authority to suspend or revoke the right of any person, including a
member, to enter or remain on church property. If after being
notified of such a suspension or revocation, the person enters or
remains on church property, the person may, in the discretion of the
pastor (or in his absence, an individual designated by the board of
deacons), be treated as a trespasser.
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(D) A
member may inspect or copy the prepared financial statements of the
church and the minutes of the proceedings of church meetings and of
board meetings, provided he shall have made a written request upon
the church and the church has received the written request at least
five business days before the requested inspection date
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1. A member may not, under any
circumstances, inspect or copy any record relating to individual
contributions to the church, the list of names and addresses of
the church members, or the accounting books and financial records
of the church.
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2. The church may impose a
reasonable charge, covering the costs of labor and material, for
copies of any documents provided to the member before releasing
the copies to the member.
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Section
3.04—Discipline Of A Member
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(A)
There shall be a discipline committee consisting of the pastor and
the board of deacons. These men shall have sole authority in
determining heretical deviations from the Statement of Faith and
violations of the church covenant. If the pastor or a deacon is the
subject of a disciplinary matter, he shall not sit as a member of
the discipline committee. The pastor and deacons shall be entitled
to the same steps as other church members and be subject to the same
discipline.
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(B)
Members are expected to demonstrate special loyalty and concern for
one another. When a member becomes aware of an offense of such
magnitude that it hinders spiritual growth and testimony, he is to
go alone to the offending party and seek to restore his brother.
Before he goes, he should first examine himself. When he goes, he
should go with a spirit of humility and have the goal of
restoration.
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(C)
If reconciliation is not reached, a second member, either a deacon
or the pastor, is to accompany the one seeking to resolve the
matter. This second step should also be preceded by
self-examination and exercised in a spirit of humility with the goal
of restoration.
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(D)
If the matter is still unresolved after the steps outlined in
subsections (B) and (C) have been taken, the discipline committee,
as the church representatives Biblically responsible for putting
down murmuring, shall hear the matter. If the matter is not
resolved during the hearing before the discipline committee, the
committee shall recommend to the members of the church that they,
after self-examination, make an effort personally to go to the
offending member and seek that member’s restoration.
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(E)
If the matter is still unresolved after the steps outlined in
subsections (B), (C), and (D) have been taken, such members who
refuse to repent and be restored are to be removed from the
membership of the church upon a majority vote of the membership
present at a meeting called for the purpose of considering
disciplinary action.
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(F)
No matter may be heard by the discipline committee or the church
unless the steps outlined in subsections (B) and (C) have been
taken, except in the case of a public offense.
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(G)
If an unrepentant offending party is removed from the church
membership, all contact with him from that point forward (except by
family members) must be for the sake of restoration.
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(H)
The procedures provided in this section are based on Matt.
18:15-20; Rom. 16:17-18; 1 Cor. 5:1-13; 2 Cor. 2:1-11; Gal. 6:1; 1
Thess. 5:14; 2 Thess. 3:6, 10-15; 1 Tim. 5:19-20; and Titus 3:10-11.
Section
3.05—Transfer Of Membership
Members not under the
disciplinary process of Section 3.04 may request that letters of
transfer be sent to another church.
Section
3.06—Termination Of Membership
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(A)
The membership of any individual member shall automatically
terminate without notice if the member in question has not attended
a regular worship service of the church in the preceding four
months. Upon good cause being shown to the pastor, this provision
for termination may be waived in the case of any individual member
at the discretion of the pastor.
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(B)
No member of this church may hold membership in another church. The
membership of any individual member shall automatically terminate
without notice if the member unites in membership with another
church.
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(C) The
membership of any individual member shall automatically terminate
without notice if the member states that he or she is actively
involved in any conduct described in Section 2.01(P) or files a
lawsuit in violation of Section 2.01(V).
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(D) No
provision contained in this section shall be subject to or governed
by the procedures regarding discipline of members set forth in
Section 3.04.
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(E)
A member may resign at any time, but no letter of transfer or
written statement of good standing will be issued upon such
resignation, except at the discretion of the pastor.
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ARTICLE
4 – OFFICERS
Section 4.01—church
Officers
The church officers are
pastor (see Section 5.01), deacon (see Section 5.02), minister of
records (see Section 5.03), minister of finance (see Section 5.04).
One person may hold two or more offices, except that of pastor. The
pastor, from time to time as he deems appropriate, may appoint other
church officers, subject to a confirmation vote of the church
membership.
Section
4.02—Designation Of Corporate Officers
As an accommodation to
legal relationships outside the church, the pastor shall serve as
president of the corporation; the minister of records shall serve as
secretary of the corporation; the minister of finances shall serve as
treasurer of the corporation; and the chairman of the board of
deacons shall serve as vice president of the corporation.
Section
4.03—Eligibility For Office
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(A)
The church shall not install or retain an officer who fails to
adhere to or expresses disagreement with the Statement of Faith.
All church officers, upon request of the pastor, shall affirm their
agreement with the Statement of Faith (as set forth in Article 2).
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-
(B)
All church officers must be approved initially and thereafter
annually by the pastor in order for them to commence or continue in
their offices.
-
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(C)
Only church members are eligible for election or appointment to any
church office or position.
Section 4.04—Terms
Of Office
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(A)
The relationship between the pastor and the church shall be
permanent unless dissolved at the option of either party by the
giving of a month’s notice, or less by mutual consent. The
calling of a pastor or severance of the relationship between the
pastor and the church may be considered at any regular church
administration meeting, provided notice to that effect shall have
been given from the pulpit to the church two Sundays prior to said
regular church administration meeting. A three-fourths majority of
the eligible members present and voting shall be required to call a
pastor or to sever the relationship between the pastor and the
church. Disciplinary removal of the pastor from office
automatically terminates his membership. A restoration to
membership after disciplinary removal will be subject to the
requirements of Section 3.01(D).
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(B)
The term of service for all offices and positions in the church,
except the pastor and assistant pastors, shall be one year, at the
expiration of which the officers may be re-elected or re-appointed.
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(C)
A vacancy occurring in any office or board, except in the case of
the pastor, may be filled at any regular church administration
meeting.
-
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(D)
All elected and appointed officers shall serve in their respective
offices until their successors are duly elected or appointed.
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(E)
Members of the board of deacons may be removed from office for
unbiblical conduct, as determined by the other board members, upon a
majority vote of the remaining members of the board of deacons.
Section
4.05—Election Of Officers
The annual election of
officers by the church membership shall occur during the month of
January at the annual church administration meeting.
Section
4.06—pastoral Oversight Of Officers And Staff
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(A)
Subject to the approval of the church membership and on the
condition that they shall become a member of the church upon
assuming their duties, the pastor may hire associates and assistants
to assist him in carrying out his God-given responsibilities.
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(B)
All church staff, whether paid or volunteer, shall be under the
supervision of the pastor who has the sole authority to dismiss the
same. No employee or volunteer shall be hired, appointed, or
retained who fails to adhere to or expresses disagreement with the
Statement of Faith.
ARTICLE
5 – DUTIES AND POWERS OF OFFICERS
Section 5.01—The
pastor
-
(A)
The pastor shall preach the Gospel regularly and shall be at
liberty to preach the whole counsel of the Word of God as the Lord
leads him. He shall administer the ordinances of the church, act as
moderator at all church meetings for the transaction of church
matters, supervise the teaching ministries of the church, and
tenderly watch over the spiritual interests of the membership.
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-
(B)
The pastor shall appoint the members of the various committees at
the annual church administration meeting. He shall serve as the
president of the corporation. He shall publicly inform all newly
elected officers of the particular function and the responsibilities
of their respective offices. He shall extend the right hand of
fellowship to all new members on behalf of the church and perform
such other duties as generally appertain to such a position. The
pastor shall be free to choose the means and methods by which he
exercises the ministry that God has given him.
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(C)
All appointments for public worship and Bible study and the
arrangements thereof, including time and place and the use of the
property belonging to the church for purposes other than the stated
appointments, shall be under the control of the pastor.
Section 5.02—The
Board Of Deacons
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(A)
The board of deacons shall assist the pastor, in such manner as he
shall request, in promoting the spiritual welfare of the church, in
conducting the religious services, and in performing all other work
of the church. They shall make provision for the observance of the
ordinances of the church. They shall, if requested by the pastor,
consider applications for church membership. They shall, in
cooperation with the pastor, disburse the benevolence fund. They
shall assist the pastor in visitation and all other evangelistic
efforts of the church. The board of deacons shall assist the pastor
in caring for the administrative needs of the church’s various
ministries as requested by the pastor. They shall provide the
pulpit supply and choose a moderator for church meetings if the
pastor is unavailable or the office of pastor is vacant. Upon the
death, resignation, or dismissal of the pastor, the board of deacons
may appoint a pulpit committee.
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(B)
Immediately following the annual church administration meeting, the
board of deacons shall assemble and elect, from their own number, a
chairman who shall be vice president of the corporation, a vice
chairman, and a secretary.
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(C)
The board of deacons shall constitute the board of trustees of the
corporation. The board of trustees shall exercise only the following
specific powers, upon authorization by a majority vote of the
members present at a duly called church administration meeting:
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1. To
purchase, hold, lease, or otherwise acquire real and personal
property on behalf of the church, and to take real and personal
property by will, gift, or bequest on behalf of the church;
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2. To
sell, convey, alienate, transfer, lease, assign, exchange, or
otherwise dispose of, and to mortgage, pledge, or otherwise
encumber the real and personal property of the church, to borrow
money and incur indebtedness for the purpose and the use of the
church; to cause to be executed, issued, and delivered for the
indebtedness, in the name of the church, promissory notes, bonds,
debentures, or other evidence of indebtedness; and to secure
repayment by deeds of trust, mortgages, or pledges; and
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-
3. To
exercise all powers necessary for the dissolution of the church
corporation.
Section 5.03—The
Minister Of Records
-
The minister of
records shall:
-
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(A) Certify
and keep at the office of the church, the original bylaws or a copy,
including all amendments or alterations to the bylaws;
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-
(B) Keep
at the place where the bylaws or a copy are kept a record of the
proceedings of meetings of the board of deacons, with the time and
place of holding, the notice of meeting given, the names of these
present at the meetings;
-
-
(C) Sign,
certify, or attest documents as may be required by law;
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(D) See
that all notices are duly given in accordance with the provisions of
these bylaws. (In case of the absence or disability of the
secretary, or his or her refusal or neglect to act, notice may be
given and served by the pastor or by the chairman of the board of
deacons.);
-
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(E) Be
custodian of the records of the church, including the membership
roll, baptisms, and certificates of ordination, licenses and
commissions;
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(F) See
that the reports, statements, certificates, and all other documents
and records required by law are properly kept and filed;
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(G) Exhibit
at all reasonable times to proper persons on terms provided by law
the bylaws and minutes of proceedings of the board of deacons or the
minutes of the meetings of the church members;
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(H) Keep
an account of any special events in the life of the church which are
of historical interest and give a report at the annual church
administration meeting of the status of the church membership roll
in the past year;
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(I) Keep
all records at the office of the church and deliver them to any
successor upon leaving office; and
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(J) Serve
as the secretary of the corporation.
Section 5.04—The
Minister Of Finance
The minister of finance
shall:
-
(A) Have
charge and custody of, and be responsible for, all funds of the
corporation, and deposit all funds in the name of the church in
banks, trust companies, or other depositories as shall be selected
by the pastor or the board of deacons;
-
-
(B) Receive,
and give receipt for all contributions, gifts, and donations to the
church;
-
-
(C) Disburse,
or cause to be disbursed, the funds of the church as may be directed
by the pastor, the board of deacons, or the budget adopted by the
members of the church at the annual church administration meeting,
taking proper vouchers for the disbursements;
-
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(D) Keep
and maintain adequate and correct accounts of the church’s
properties and business transactions including account of its
assets, liabilities, receipts, disbursements, and capital;
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(E) Make
all expenditures of the church (except miscellaneous petty cash
disbursements) by check;
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(F) When
and as requested, render to the pastor and the board of deacons
accounts of all his transactions as minister of finance and of the
financial condition of the church;
-
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(G) Present
a written report of itemized disbursements at the regular quarterly
church administration meetings and make a general report for the
year at the annual church administration meeting;
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(H) Keep
all church financial records at the office of the church and deliver
them to any successor upon leaving office; and
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(I) Serve
as treasurer of the corporation.
Section
5.05—Associate pastors
Under the direction and
guidance of the pastor, the associate pastor(s) of the church shall
assist the pastor in carrying out the ministries of the church.
Section 5.06—Duties
Of All Officers
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(A)
All officers shall prepare a written report of their work for the
annual church administration meeting and shall surrender all records
in their possession to the minister of records at the close of their
term of office to be filed as a permanent record of the work of the
church. All records are the property of the church and must be
kept in the church office.
-
-
(B)
Any officer who neglects his duties as outlined in the bylaws for a
period of three months may be removed from his office, at the
discretion of the pastor, and another may be appointed by the pastor
to serve the un-expired term.
Section
5.09—Installation Of Officers
A public installation
service in which all newly elected officers of the church are to be
dedicated to their respective offices and the ordination of newly
elected deacons shall be held at a public church service following
their election at the annual church administration meeting.
ARTICLE
6 – MEETINGS
-
Section 6.01—Meetings For Worship
Unless otherwise
determined by the pastor, the church shall meet each Sunday for
public worship both morning and evening and at least once during the
week for Bible study and prayer. Except when circumstances forbid
it, the ordinance of the Lord’s Supper shall be observed on the
first Sunday morning and evening of each month.
Section
6.02—Meetings For church Administration
-
(A)
The annual church administration meeting shall be held on the third
Wednesday of January, at which time the regular church
administration shall be considered. A quorum shall consist of the
members present.
-
-
(B)
All church administration meetings shall be opened and closed with
prayer for divine guidance and blessing.
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(C)
The Pastor (or Chairman of the deacon board if the office of pastor
is vacant) is the moderator. The moderator shall determine the rules
of procedure according to his sense of fairness and common sense,
giving all members a reasonable opportunity to be heard on a matter.
The moderator is the final authority on questions of procedure, and
his decision is final and controlling. The following order shall be
observed at the regular church administration meetings:
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1. Devotions
& prayer
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2. Reading of minutes
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3. Reception of members
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4. Dismissal of members
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5. Report of officers
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6. Reports of standing committees
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7. Reports of special committees
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8. Unfinished matters
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9. Election of officers
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10. New matters
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11. Adjournment
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12. Benediction
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(D)
For any meeting under this article, the moderator, in his sole
discretion, shall have full and unilateral authority to require
nonmembers to leave the meeting room and to order the immediate
removal of any member or other person present who is deemed by the
moderator to be disruptive to the proceedings by act or presence.
The moderator shall have full authority to order the removal of all
children (ages to be determined by the moderator) if the moderator
determines, in his sole discretion, that circumstances so warrant.
If the moderator determines that compliance with his order of
removal is unsatisfactory, the moderator may, in his sole
discretion, revoke the disruptive person’s right to remain on the
premises in accordance with Section 3.03(C) and treat the person as
a trespasser.
Section 6.03—Special
Meetings
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(A)
The pastor (or deacons if the office of pastor is vacant or the
pastor is the subject of possible disciplinary action) may call a
special meeting by giving notice of such a meeting and the purpose
for which it is called to the church from the pulpit at least one
Sunday and not less than one week prior to said meeting. A meeting
for the calling of a pastor or the severance of the relationship
between the church and pastor shall be called in accordance with the
provision of Section 4.04(A).
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-
(B)
Bible conferences, missionary conferences, revivals, and other
special services may be held as the pastor deems beneficial.
Section 6.04—Fiscal
Year
The fiscal year of the
church shall begin January 1st and end December 31st.
ARTICLE
7 – MINISTRY
OF EDUCATION
SECTION 7.1—PURPOSE
The church believes
that it is to provide the members’ children with an education which
is based upon and consistent with Biblical teachings. The church
believes that the home and church are responsible before God for
providing a Christian education. In order to assist the church’s
families with their obligation to Biblically train their children,
the church shall operate a Christian day school. To this end, the
church shall engage in ministries in education in keeping with the
following dictates.
SECTION 7.2—CHURCH
PARTICIPATION
All educational
programs or courses of instruction formulated and offered by the
church shall be primarily for the benefit of the members of the
church; however, the pastor may permit nonchurch members to
participate and enroll their children in the church’s educational
programs or courses of instruction if he deems it in the best
interest of the church.
SECTION 7.3—STAFF
MEMBERSHIP
All instructors,
teachers, and administrators shall be members of this church. This
provision shall not apply to visiting missionaries, evangelists, or
preachers engaged for the purpose of delivering sermons, conducting
revivals, or other special meetings on a temporary basis.
SECTION
7.4—STATEMENT
OF FAITH ACCORD
All educational
programs or courses of instruction shall be taught and presented in
full accord with the Statement of Faith of the church. The church
shall not hire, appoint, or retain any employee or volunteer for its
educational programs who fails to adhere to or expresses disagreement
with the Statement of Faith.
SECTION 7.5—UNITY
All educational
programs or courses of instruction shall be conducted as an integral
and inseparable ministry of the church.
SECTION 7.6—TEACHING
All educational
programs or courses of instruction shall be conducted consistent with
the teaching of the inerrant Word of God. Any assertion or belief
which conflicts with or questions a Bible truth is a pagan deception
and distortion of the truth which will be disclaimed as false. It is
the responsibility of every instructor or teacher to present the
inerrant Word of God as the sole infallible source of knowledge and
wisdom.
SECTION
7.7—CHRISTIAN
WALK
All administrators,
instructors, teachers, and other staff, whether paid or volunteer,
shall continue or adopt and maintain a lifestyle consistent with the
precepts taught by the church, whether in or out of the classroom.
All staff shall be under the supervision of the pastor who has the
sole authority to hire, appoint, or dismiss the same as stated
herein.
SECTION
7.8—HIERARCHY
OF AUTHORITY
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(A) The
pastor shall be the final authority on all matters relating to the
ministry of education. The pastor shall have the authority to
approve or disapprove any decision or recommendation of the board of
deacons on all matters relating to the ministry of education.
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1. Subject
to the approval of the church membership and on the condition that
they shall become a member of the church upon assuming duties, the
pastor may hire administrators and principals to assist the pastor
in carrying out the ministry of education.
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2. On
the condition that they shall become a member of the church upon
assuming duties, the pastor may hire teachers and support staff to
assist the pastor in carrying out the ministry of education.
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(B) The
board of deacons shall assist and advise the pastor on all matters
relating to the ministry of education. The board of deacons shall
act as the school board and shall hear all matters and disputes
which may arise out of the ministry of education and shall advise
the pastor accordingly. All recommendations of the board of deacons
shall be submitted to the pastor for final approval prior to
becoming effective. The board of deacons may create and recommend
to the pastor school policies for governing the ministry of
education consistent with the provisions herein.
ARTICLE
8 – ORDINATION
Section
8.01—Ordination Qualifications
Any man of this church,
its mission churches, or other churches of like faith who gives
evidence of a genuine call of God into the work of the ministry and
possesses the qualifications stated in 1 Timothy 3:1-7 and Titus
1:6-9, may be ordained as a minister of the Gospel.
Section
8.02—Ordination Procedure
-
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(A)
Upon a conference with the pastor and after the pastor has approved
the candidate for ordination, the pastor shall call a council to
examine and pass on the qualification of the candidate. The
ordination council shall consist of ordained ministers of like faith
invited to participate in the examination of the candidate.
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-
(B)
If the candidate is found worthy of ordination by the council, the
ordination council may ordain the candidate on behalf of the church.
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-
The pastor and the
chairman of the deacons shall arrange for the ordination service.
ARTICLE
9 – INDEMNIFICATION
Section 9.01—Actions
Subject To Indemnification
The church may
indemnify any person who was or is a party or is threatened to be
made a party to any threatened, pending or completed action, suit, or
proceeding, whether civil, criminal, administrative, or
investigative, including all appeals (other than an action by or in
the right of the church) by reason of the fact that the person is or
was a pastor, deacon, officer, employee, or agent of the church,
against expenses, including attorneys’ fees, judgments, fines, and
amounts paid in settlement actually and reasonably incurred by him in
connection with the action, suit, or proceeding; and if that person
acted in good faith and in a manner he reasonably believed to be in
or not opposed to the best interests of the church and, with respect
to any criminal action or proceeding, had no reasonable cause to
believe his conduct was unlawful. The termination of any action,
suit, or proceeding by judgment, order, settlement, conviction, or on
a plea of nolo contendere
or its equivalent, shall not, of itself, create a presumption that
the person did not act in good faith and in a manner that he
reasonably believed to be in or not opposed to the best interests of
the church and, with respect to any criminal action or proceeding,
had no reasonable cause to believe that his or her conduct was
unlawful.
Section
9.02—Expenses Subject To Indemnification
-
To the extent that a
pastor, deacon, officer, employee, or agent has been successful on
the merits or otherwise in defense of any action, suit, or proceeding
referred to in this Article, or in defense of any claim, issue, or
matter in that action, suit, or proceeding, he or she may be
indemnified against expenses, including attorneys’ fees, actually
and reasonably incurred by him or her in connection with the action,
suit, or proceeding.
Section
9.03—Limitations Of Indemnification
Any indemnification
made under this Article, may be made by the church only as authorized
in the specific case on a determination that indemnification of the
pastor, deacon, officer, employee, or agent is proper in the
circumstances because he has met the applicable standard of conduct
set forth in Section 9.01. The determination shall be made (a) by a
majority vote of a quorum consisting of the pastor and deacons who
were not and are not parties to or threatened with the action, suit,
or proceeding; (b) if the described quorum is not obtainable or if a
majority vote of a quorum of disinterested deacons so directs, by
independent legal counsel in a written opinion; or (c) by a majority
vote of the members of the church.
Section 9.04—Timing
Of Indemnification
Expenses of each person
seeking indemnification under this Article, may be paid by the church
as they are incurred, in advance of the final disposition of the
action, suit, or proceeding, as authorized by the board of deacons in
the specific case, on receipt of an undertaking by or on behalf of
the pastor, deacon, officer, employee, or agent to repay the amount
if it is ultimately determined that he or she is not qualified to be
indemnified by the church.
Section 9.05—Extent
Of Indemnification
The indemnification
provided by this Article shall be deemed to be discretionary unless
otherwise required as a matter of law or under any agreement or
provided by insurance purchased by the church, both as to action of
each person seeking indemnification under this Article in his
official capacity and as to action in another capacity while holding
that office, and may continue as to a person who has ceased to be a
pastor, deacon, officer, employee, or agent and may inure to the
benefit of the heirs, executors, and administrators of that person.
Section
9.06—Insurance
The church may purchase
and maintain insurance on behalf of any person who is or was a
pastor, deacon, officer, employee, or agent of the church against any
liability asserted against him and incurred by him in that capacity,
or arising out of his status in that capacity, whether or not the
church would have the power to indemnify him against liability under
the provisions of this Article.
ARTICLE 10 –
COMMITTEES
section
10.01—standing
committees
The
pastor (or the board of deacons if the office of pastor is vacant)
shall appoint standing committees and designate a chairperson for
each standing committee and, except when otherwise specifically
provided in these bylaws, shall determine the membership of each
standing committee. In addition to the discipline committee, the
pastor may appoint other standing committees as he deems appropriate.
SECTION
10.02—SPECIAL
COMMITTEES
The board of deacons,
in its discretion, may create special committees to provide the board
with advice and information regarding matters submitted to the
committee by the board for consideration. The committee shall have
no authority to act on behalf of the corporation. The members of the
committee shall be chosen by a majority vote of the board of deacons
and shall serve solely at the pleasure of the board of deacons. The
special committee shall be subject to the control and direction of
the board of deacons at all times.
ARTICLE
11 – DESIGNATED CONTRIBUTIONS
From time to time the
church, in the exercise of its religious, educational, and charitable
purposes, may establish various funds to accomplish specific goals.
Contributors may suggest uses for their contributions, but all
suggestions shall be deemed advisory rather than mandatory in nature.
All contributions made to specific funds or otherwise designated
shall remain subject to the exclusive control and discretion of the
pastor and the board of deacons. No fiduciary obligation shall be
created by any designated contribution made to the church other than
to use the contribution for the general furtherance of any of the
purposes stated in Section 1.02.
ARTICLE
12 – BINDING ARBITRATION
Section
12.01—Submission To Arbitration
Believing that lawsuits
between believers are prohibited by Scripture, all members of this
church agree to submit to binding arbitration any matters which
cannot otherwise be resolved, and expressly waive any and all rights
in law and equity to bringing any civil disagreement before a court
of law, except that judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
Section 12.02—Notice
Of Arbitration
In the event of any
dispute, claim, question, or disagreement arising out of or relating
to these bylaws or any other church matter, the parties shall use
their best efforts to settle such disputes, claims, questions, or
disagreement as befits Christians. To this effect, they shall
consult and negotiate with each other in good faith and, recognizing
their mutual interests not to disgrace the name of Christ, seek to
reach a just and equitable solution. If they do not reach such
solution within a period of sixty (60) days, then upon notice by
either party to the other, disputes, claims, questions, or
differences shall be finally settled by arbitration as described in
Section 12.01, above, and such Procedures for Arbitration as are
adopted pursuant to Section 12.04, below.
Section
12.03—Limitations On Arbitration Decisions
-
(A)
Should any dispute involve matters of church discipline, the
arbitrators shall be limited to determining whether the procedures
for church discipline as outlined under Section 3.04, were followed.
-
-
(B)
Should any dispute involve the removal from office of the pastor or
any church officer, the arbitrators shall be limited to determining
whether the procedures set forth in Sections 4.04 or 5.06 were
followed.
Section
12.04—Arbitration Procedures
The Procedures for
Arbitration shall be as adopted by the pastor and the board of
deacons.
ARTICLE
13 – AMENDMENTS
These bylaws may be
revised or amended by a majority vote of the members present and
voting at any regular church administration meeting, provided that
said revision or amendment has been submitted in writing and
announced from the pulpit fourteen (14) days before the vote is
taken.
ARTICLE
14 – tax-exempt PROVISIONS
Section
14.01—Private Inurement
No part of the net
earnings of the church shall inure to the benefit of or be
distributable to its members, trustees, officers, or other private
persons, except that the church shall be authorized and empowered to
pay reasonable compensation for the services rendered and to make
payments and distributions in furtherance of the purposes set forth
in Section 1.02 hereof.
Section
14.02—Political Involvement
No substantial part of
the activities of the church shall be the carrying on of propaganda
or otherwise attempting to influence legislation. The church shall
not participate in, or intervene in (including the publishing or
distribution of statements) any political campaign on behalf of any
candidate for public office.
Section
14.03—Dissolution
Upon the dissolution of
the church, the trustees shall, after paying or making provision for
payment of all the liabilities of the church, dispose of all of the
assets of the church to such organization or organizations formed and
operated exclusively for religious purposes as shall at the time
qualify as an exempt organization or organizations under Section
501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding
provision of any future United States Internal Revenue Law), as the
trustees shall determine. Assets may be distributed only to
tax-exempt organizations which agree with the church’s Statement of
Faith.
Section 14.04—Racial
Nondiscrimination
The church shall have a
racially nondiscriminatory policy and, therefore, shall not
discriminate against members, applicants, students, and others on the
basis of race, color, or national or ethnic origin.
Section
14.05—Limitation Of Activities
Notwithstanding any
other provision of these bylaws, the church shall not, except to an
insubstantial degree, engage in any activities or exercise any powers
that are not in furtherance of the purposes stated in Section 1.02.
ADOPTION
These bylaws were
adopted by a two-thirds majority vote of the members present and
voting at a duly called meeting of the church in which a quorum was
present.
These bylaws supersede
any other bylaws of Messiah
Baptist Church,
Procedures
for Arbitration
Procedures
for Arbitration
- SECTION 1—SCOPE
OF ARBITRATION
The parties must, prior
to the selection of arbitrators, agree to the scope of the matters to
be considered by the arbitrators. In doing so the parties must
conduct themselves with the utmost courtesy as befits believers in
Jesus Christ. If the parties cannot agree upon the scope of the
dispute for arbitration, the scope shall be determined by the
arbitrators.
SECTION 2—SUBMISSION TO ARBITRATION
-
(A)
The parties, as Christians, believing that lawsuits between
Christians are prohibited by Scripture, and having agreed, according
to Article 12 of the church bylaws, to submit disputes to binding
arbitration, and to waive any legal right to take the dispute to a
court of law, will refer and submit any and all disputes,
differences, and controversies whatsoever within the agreed scope of
arbitration to a panel of three arbitrators, to be selected as
follows:
-
1. All
arbitrators must be born-again Christians of good reputation in the
community and who affirm the church’s Statement of Faith in its
entirety.
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2. Each
party shall submit a list of three proposed arbitrators to the
other party, and the other party will choose one of the three
proposed arbitrators to serve on the panel.
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3. The
third arbitrator will be selected by mutual agreement of the other
two arbitrators.
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4. In
selecting the arbitrators, each party shall act in good faith in
choosing Christian arbitrators who have no prior knowledge of the
facts leading up to the dispute, are not related to or close
friends with the selecting party, and who will act impartially and
with fundamental fairness.
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5. No
arbitrator may be an attorney.
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6. No
arbitrator may be employed or ever have been employed by, or under
the authority of, either party or any other arbitrator.
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7. The
arbitrators will be selected as soon as possible but no later than
30 days after the parties have agreed to the scope of the
arbitration.
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8. The
arbitration will be held at a neutral site agreed to by the
arbitrators.
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(B) The
arbitrators shall, subject to the provisions of these procedures,
arbitrate the dispute according to the terms of these procedures,
the Bible as interpreted by the church’s Statement of Faith, and
any applicable church documents.
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(C) Each
party may be represented by counsel throughout the process at the
party’s own expense. Discovery will be allowed as needed, as
determined in the discretion of the arbitrators. Formal rules of
evidence shall not apply.
- SECTION 3—TERMS
AND CONDITIONS OF ARBITRATION
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(A) The
arbitrators shall have full power to make such regulations and to
give such orders and directions, as they shall deem expedient in
respect to a determination of the matters and differences referred
to them.
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(B) The
arbitrators shall hold the arbitration hearing as soon as possible,
but no later than thirty (30) days after the selection of the third
arbitrator.
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(C) There
shall be no stenographic record of the proceedings, and all
proceedings shall be closed to the media and any other individuals
not directly involved in the proceedings.
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(D) Normally,
the hearing shall be completed within three (3) hours. The length
of the hearing, however, may be extended by the arbitrators in their
discretion or an additional hearing may be scheduled by the
arbitrators to be held promptly.
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(E) There
will be no post-hearing briefs.
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(F) The
arbitrators are to make and publish their award, in writing, signed
by each of them concerning the matters referred, to be delivered to
the parties no later than 48 hours from the conclusion of the
hearing, unless otherwise agreed by the parties. The arbitrators
may, in their discretion, furnish an opinion.
- SECTION 4—CONDUCT
AND RULES OF HEARING
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(A) The
arbitrators may, in their absolute discretion, receive and consider
any evidence they deem relevant to the dispute, whether written or
oral, without regard to any formal rules of evidence.
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(B) The
parties and their respective witnesses must, when required by the
arbitrators, attend and submit to examination and cross-examination
under oath as to all or any of the matters referred to in the
proceedings and to produce and deposit with the arbitrators all or
any evidence within their possession or control concerning such
matters.
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(C) If
a party defaults in any respect referred to in Subsection 4(B),
above, the arbitrators may proceed with the arbitration in their
discretion as if no such evidence were in existence, insofar as it
may be favorable to the party in default.
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(D) All
presentations shall be controlled by the arbitrators. Any disputes
regarding procedure shall be decided solely by the arbitrators.
- SECTION 5—DUTIES
OF ARBITRATORS
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(A) The
arbitrators are to receive all evidence, prayerfully consider such
evidence in an impartial manner, and render a decision which, based
upon Scriptural principles, is fair to all parties.
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(B) The
arbitrators have full power to order mutual releases to be executed
by the parties, and either of the parties failing, such orders shall
have the effect of a release, and may be duly acknowledged as such.
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(C) In
the event that either party or a witness for either party shall fail
to attend the arbitration hearing, after such written notice to such
party as the arbitrators shall deem reasonable, the arbitrators may
proceed in the absence of such party or witnesses without further
notice.
- SECTION 6—DECISION
OF ARBITRATORS
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(A) It
is preferred that the arbitrators reach a unanimous decision, but if
a unanimous decision cannot be obtained, a majority decision will be
accepted. The written decision of a majority of the arbitrators
shall be final and binding on all parties, and judgment upon the
award rendered by the arbitrators may be entered in any court having
jurisdiction thereof. There is no appeal from the decision of the
arbitrators.
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(B) The
decision of the arbitrators is to be kept confidential by all
parties for a period of one year. For purposes of these procedures,
the church membership may be informed of the decision if the church
or any church pastors, officers, trustees, employees, or board
members were a party to the proceeding.
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(C) Should
any party commence legal proceedings against another party with
respect to the agreed scope of the dispute or the binding decision
of the arbitrators, with the exception of an action to enforce the
decision of the arbitrators, that party shall pay to the other party
all expenses of said proceedings, including reasonable attorneys’
fees. In the event it becomes necessary for one party to commence
legal proceedings to enforce the decision of the arbitrators, the
non-prevailing party must bear all of the costs of said proceedings,
including reasonable attorneys’ fees.
- SECTION 7—PARTIES
TO COOPERATE
No party shall
unreasonably delay or otherwise prevent or impede the arbitration
proceedings. No party will involve the news media in the dispute in
any way. No party shall publicize the dispute in any way to anyone
not a party to the proceedings, except as permitted by the
arbitrators and except that a party may disclose the proceedings of
this arbitration to his or her spouse, legal counsel, accountants,
insurance carrier, and as otherwise required by law.
- SECTION 8—COSTS
AND EXPENSES
Each party shall pay
his or her own costs and expenses related to presenting the party’s
case to the arbitrators. The costs of the arbitration, including any
fees for the arbitrators is to be shared equally by both parties.
- SECTION 9—AMENDMENTS
These Procedures for
Arbitration may be revised or amended by a majority vote of the board
of deacons present and voting at any regular board meeting.
- SECTION 10—ADOPTION
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(A) These
Procedures for Arbitration were adopted by a majority vote of the
board of deacons at which a quorum was present.
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(B) These
Procedures for Arbitration supersede any other Procedures for
Arbitration previously adopted by the board of deacons, if any
exist.
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