ORCHARD
BYLAWS
WHY ARE WE CHANGING THE BYLAWS?
Since the beginning of the year, the Elders and the Executive Team have been working to improve and revise The Orchard’s Bylaws. Our current Bylaws have been adequate, but improvements were needed given our current size and complexity. Our goal is not to change our doctrine, mission, or governance structure but to have excellent foundational documents that provide clarity and reflect the best legal and church governance practices. These documents have been reviewed and approved by our Lead Pastor, the Elders, and our Executive Staff. Collectively, we believe they provide a solid foundation for our church governance.
WHAT HAS NOT CHANGED?
1. Our Biblical Convictions
2. Our Mission and Purpose
3. Our Statement of Faith
4. Our Form of Governance: Elder-led Congregationalism
5. Matters that require congregational approval
a. Note: We have added dissolution and mergers as matters requiring congregational approval.
6. Core Qualifications for Elders and Deacons
2. Our Mission and Purpose
3. Our Statement of Faith
4. Our Form of Governance: Elder-led Congregationalism
5. Matters that require congregational approval
a. Note: We have added dissolution and mergers as matters requiring congregational approval.
6. Core Qualifications for Elders and Deacons
WHAT ARE THE MOST SIGNIFICANT CHANGES?
The Elder Council and the Board of Directors
Combined the Elder Council and the Board of Directors.(Section 7.1)
Older Baptist Churches without Elders needed a Board of Directors (or Trustees) to meet Tennessee nonprofit legal requirements. Our current Bylaws give governing authority to the Elders, making the Board of Directors mainly ceremonial. Since Tennessee nonprofit law expects the corporation’s board to carry legal responsibility, it is better for the legal board to be the same body with governing authority (i.e., the Elders). Otherwise, the Board of Directors carries legal responsibility without authority.
Older Baptist Churches without Elders needed a Board of Directors (or Trustees) to meet Tennessee nonprofit legal requirements. Our current Bylaws give governing authority to the Elders, making the Board of Directors mainly ceremonial. Since Tennessee nonprofit law expects the corporation’s board to carry legal responsibility, it is better for the legal board to be the same body with governing authority (i.e., the Elders). Otherwise, the Board of Directors carries legal responsibility without authority.
Congregational Approval
Added the “dissolution of the Church” and the “merger of the Church with another entity” as an item necessitating congregational approval. (Section 5.4.2)
Termination of Lead Pastor
Reduced the voting threshold of the Congregation from three-fourths to twothirds for the termination of the Lead Pastor. (Section 6.6.3) It is unwise to allow a Lead Pastor to remain when a significant portion of the congregation has lost confidence in him.
Allowable Budget Overage
Changed the allowable budget overage from $50,000 to 3%. (Section 5.4.2) Two years ago we made it explicit that the Church Staff needed to seek Congregational approval to go more than $50,000 over the budget in a given year. We have adjusted this to a percentage so the number grows as the budget grows.
Various Other Improvements
a. Revised to better align with Tennessee nonprofit law. (Sections 3.2, 13.2, 13.7)
b. Improved language to protect our religious rights. (Sections 3.1, 4.1, 13.8)
c. Added the necessity of a financial audit. (Section 8.8.2)
d. Added a statement on the importance of children and the necessity of having a Child Safety Policy. (Section 13.6)
e. Added indemnification language to protect those who serve. (Article 14)
f. Added clearer procedures for meetings, membership, elections, etc.
g. Added section numbers to enable better referencing and cross-referencing.
b. Improved language to protect our religious rights. (Sections 3.1, 4.1, 13.8)
c. Added the necessity of a financial audit. (Section 8.8.2)
d. Added a statement on the importance of children and the necessity of having a Child Safety Policy. (Section 13.6)
e. Added indemnification language to protect those who serve. (Article 14)
f. Added clearer procedures for meetings, membership, elections, etc.
g. Added section numbers to enable better referencing and cross-referencing.
Legal Counsel was consulted regarding these revisions. We hired an external attorney who specializes in Church law and who currently serves as an elder at a Southern Baptist church to review the Bylaws.
WHAT DO MEMBERS NEED TO DO?
- Qualified members will be able to approve these revisions at the Annual Meeting on Sunday, November 22.
- Please review the information on this web page, including the revised Bylaws and the current Bylaws.
- Please attend one of the “Question and Answer” sessions we will hold prior to the Annual Meeting, if you have a question. The Elders and members of the Executive Staff will be present. If you are not able to attend a Q&A session, you can submit your questions via the form linked below or by emailing the Elders directly at elders@theorchardchurch.com.
- Attend the Annual Meeting on Sunday, November 22, and vote on the revised Bylaws.
WHEN DO THE REVISED BYLAWS TAKE EFFECT?
- The Bylaws would take effect after an affirmative vote by the congregation at the Annual Business meeting on Sunday, November 22. Our current Bylaws state that “Constitutional [=Bylaws] amendments require a three-fourths majority vote by the Elders before they can be presented to the Congregation. Additionally, amending the constitution requires a minimum participation of 25% of the total membership of The Orchard Church. This will constitute a quorum. All amendments will require a two-thirds affirmative vote of those participating to pass.”