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Diocese of New Hampshire Committee on Constitution and Canons

MODEL BYLAWS FOR EPISCOPAL CONGREGATIONS

Introduction

WHY DO WE NEED BYLAWS ?

Let all things be done decently and in order.

I Corinthians 14:40

Bylaws serve as the rules of operation for the congregation. In effect, they are a road map of the organization's structure and its decision-making processes. They expand on the articles of incorporation and typically perform two important functions:

(1) Establishing the structure of the organization. Bylaws specify the membership and participation in the congregation, define the method of selection and the duties of officers and other vestry members. (2) Determining the rights of participants. Bylaws specify the operating rules to assure the rights of congregants to proper notice and procedures.

Even if the congregation has existing bylaws, a periodic review of the bylaws assures that they reflect changes in governing laws of the church and of the state as well as the wishes of the people of the congregation regarding its operation. Congregations often have a life span that spreads over hundreds of years. During that time people come and go. Unless there is an agreed upon set of rules, set out in writing and readily available to members of the congregation, the system of governance becomes personal to those serving in official capacities and disappears when the experienced members of the congregation leave. Decisions in the congregation can sometimes be contentious. Without a set of rules established in advance, it can be difficult to establish rules for resolving issues once differences have arisen. Depending on the legal structure of the congregation, bylaws may be required by state law. The failure to meet the state's legal requirements could lead to loss of tax exempt status and possibly, legal penalties. Bylaws can serve as an educational device to inform members of the congregation about church governance and prepare members to serve as officers in the church.

HOW DO WE GO ABOUT ADOPTING BYLAWS ?

1. Carefully check the records at the congregation and at the Diocesan office to determine whether the congregation has adopted by-laws at some point in the past. If bylaws already exist, carefully review the provisions, if any, regarding amendment of the bylaws. 2. A relatively small working group should be formed to examine existing bylaws, if any, and the model bylaws provided by the diocese or some other model. If some model other than the one provided by the diocese is used, care should be taken to conform to the requirements of the Constitution and Canons of the Protestant Episcopal Church of the United States and the Diocese of New Hampshire. The working group should include those most directly involved in the conduct of congregation business and some interested members of the congregation who do not serve on the vestry. 3. The working group should make recommendations to the vestry. The vestry in turn should review the recommendations and prepare a presentation to the annual meeting or special meeting of the congregation for purpose of adopting bylaws or amending existing bylaws. [Note: If existing bylaws call for a different method of amendment, that procedure should be followed.] THE MODEL BYLAW PROJECT The bishops staff and the Committee on Constitution and Canons have, during the past few years, received numerous requests for assistance and information from congregations amending or redrafting their bylaws. In response to these requests, the committee agreed to develop a model set of bylaws, including supplementary information about issues that may arise. This model is intended, not to prescribe uniformity, but to provide some guidelines for language and information about areas generally covered in bylaws.

Following is a list of style and other elements the committee has used in the model bylaws:

1. The term congregation means either parish or mission throughout the document.

2. The boxed notes following some sections offer explanations to further define or clarify the content of an article or section.

3. References to canons are included in the body of sections as follows: Canons of the Episcopal Church (2003 Edition) are cited as, for example:

ECUSA I.17.6 (a) meaning Episcopal Church, USA, Title I, Canon 17, Section 6, subsection (a)

Canons of the Diocese of New Hampshire (2002 Edition) are cited as: NH 4.3 (a) meaning New Hampshire, Canon 4, Section 3, subsection (a)

4.The committee has made an effort in the model bylaws to minimize obscure or legalistic language and to minimize capitalization and punctuation not necessary for clarity.

The Committee on Constitution and Canons welcomes your questions, comments and suggestions. We are available to assist you in any way needed as you review and update your bylaws. We do request that you send a copy of your most recently adopted or amended bylaws to the diocesan office, marked to the attention of the Committee on Constitution and Canons.

Faithfully yours,

Committee on Constitution and Canons

Douglas Chamberlain,Chair
Grace Church, Manchester

Robert Crooks
St. Georges, Durham

Marge Burke
Holy Cross, We are

Judith Esmay
St. Thomas, Hanover

Robert Ervin
St. Thomas, Dover

Richard Hesse
St. Andrews, Hopkinton

Robert Wells, Ex-officio Diocesan Chancellor

Marthe F. Dyner, Diocesan Staff

Download Complete File: Model Bylaws, May 2004 [PDF 583K]

WHY DO WE NEED
BYLAWS ?

HOW DO WE GO ABOUT ADOPTING BYLAWS ?

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