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CONSTITUTION AND BYLAWS OF THE LOC CONSTITUTION AND BYLAWS OF THE LUTHERAN ORTHODOX CHURCH, INC Adopted June 1st, in The Year of Our Lord, Two Thousand and Four Preamble: In the Name of The Father and of The Son and of The Holy Spirit Declaration: Let it be known that we, the undersigned, forming a new fellowship as a Christian Denomination in the historical Lutheran and Trinitarian traditions do hereby declare first and foremost that Jesus Christ is King of Kings and Lord of Lords and that we shall remain faithful to our living Savior even unto death. We hereby announce that we take the name The Lutheran Orthodox Church to be our denominational name which represents orthodox teachings of Dr Martin Luther insofar as his writings are consistant with Holy Scripture. Purpose: We the ministers of The Gospel, and laity, whose signatures are listed below, gather together this day at St Pauls Lutheran Orthodox Chapel located at 620 Main Street, Slatington, Pa, to form a new Synod of Lutheran Christians, to follow the commands of God and Christ, in proclaiming the Good News of The Christ to all who will hear, in the tradition of the Early Church, The Apostles, The Martyrs, all The Saints, The Reformers, and Martin Luther himself. We do not believe that Martin Luther intended to leave the Holy Catholic Church but to correct certain things which he perceived to be in error in the Church of his day. We believe that the Catholic Church of 500 years ago is not the same as the Catholic Church of today, and that the Lutheran Church of history is not the same as the Lutheran Church of today. Therefore, in keeping with the guidance of The Scriptures, as interpreted by Martin Luther in his writings, we seek to return to orthodox Lutheran theology, and reject the man made dogmas which have crept into many Lutheran synods today. Furthermore, the founding clergy of The Lutheran Orthodox Church have been invited to be consecrated into the valid Historic Apostolic Succession of The Church and have accepted, with a ceremony scheduled for July 11, 2004 in New York City by Bishops of The Catholic, Episcopal, Lutheran, Church of Sweden, and others whereby the Founders of This Synod shall be consecrated into Apostolic Succession. All clergy of this Synod from that day hence shall be consecrated into The Valid Historic Apostolic Succession. The original book of valid Historic Apostolic Succession as bestowed upon the Founder and First Presiding Bishop shall be forever attached to this Constitution and all ministers of The Lutheran Orthodox Church shall be consecrated into these Apostolic Lineages. May The Lord find favor upon us in this endeavor. Amen Section 1 1: The name of this church corporation shall be The Lutheran Orthodox Church inc with it's main physical corporate location at St Pauls Lutheran Orthodox Chapel, **********, Slatington, Pa, 18080 and the mailing address shall be PO Box 74, Neffs, Pa, 18065. The headquarters may be relocated by The Presiding Bishop at his discretion with or without notice to anyone, but shall re-register with the proper secular authorities as necessary according to the laws of The Commonwealth of Pennsylvania. 2: The Lutheran Orthodox Church shall be the successor of The Evangelical Protestant Church, GCEPC, inc, a duly registered corporation in The Commonwealth of Pennsylvania, located at the same address as mentioned in paragraph 1. The Lutheran Orthodox Church shall register the new corporate name with the Commonwealth of Pa by filing the appropriate name change paperwork with the Secretary of State, Corporations Bureau in Harrisburg, Pa in accordance with all applicable laws. The common name of The Evangelical Protestant Church, GCEPC being known as The Lutheran Evangelical Protestant Church shall be released to another church body which seeks to aquire the name,( being that some members wish to retain that entity and move it to the state of South Carolina, USA), and it shall be relinquished to them provided that they re-register the name The Lutheran Evangelical Protestant Church in the State of South Carolina in accordance with the laws of that state. 3: The Lutheran Orthodox Church, inc shall retain the history of The Evangelical Protestant Church and recognize the EPC as it's mother church dating back to the early days of The Reformation in Germany and other parts of Europe, but shall allow Bishop Nancy Drew of South Carolina and being known to us, to form a new LEPC/EPC and to full use of the names EPC/ LEPC/GCEPC without hinderance. The immediate Past Presiding Bishop of The LEPC, Bishop Samuel Guido,whose term officially ends on July 1st, 2004 as PB of The LEPC, and now the Founder of this new ecclesiastical body, known as The Lutheran Orthodox Church shall assume the Office of Presiding Bishop of The Lutheran Orthodox Church. He shall have the authority to appoint the Bishops and Executive Officers as needed for the establishment of these positions. 4: Other than retaining the historical records as the direct successor to The Evangelical Protestant Church, GCEPC, inc and the LEPC, The Lutheran Orthodox Church shall have no other interest in the aforementioned ecclesiastical bodies. 5: The Lutheran Orthodox Church as an Ecclesiastical Body believes that The Church belongs to Almighty God and not the state. The Lutheran Orthodox Church shall incorporate as a non-profit, non-stock corporation but shall not seek Internal Revenue Service rule 501(c)3 tax exemption status which would severly limit the freeness of speech our ministers enjoy. The LOC recognizes as sufficient the IRS's own rules which automatically recognizes churches as tax exempt without the need for filing under 501(c)3. Section 2 1: The Lutheran Orthodox Church, inc shall be a Lutheran Church in the traditional sense of the Christian church, recognizing Martin Luther as the original founding father of the group of Christian churches which now call themselves Lutheran , and ascribing the Lutheran Confessions and the writings of Martin Luther as a correct interpretation of our faith provided that those writings are in full accordance with Holy Scripture. 2: If the writings of Martin Luther are found to contradict Holy Scripture, The Scriptures shall supercede always and be the final authority in all matters. 3: The mission of The Lutheran Orthodox Church shall be to spread The Gospel, bring others to Christ, comfort the downtrodden, teach others about the Kingdom of God and follow in the footsteps of Our Lord and Savior, Jesus Christ, obeying all the things He commanded us to do. 4: The Lutheran Orthodox Church shall have the authority to ordain ministers, consecrate Bishops, establish congregations, build Dioceses and engage in all activities of ministry and business particular to any Christian denomination; and its ministers shall have the authority to administer the sacraments, conduct funerals, perform weddings and baptisms, and any other duties particular to ministers of The Gospel in accordance with Holy Scripture. 5: The Lutheran Orthodox Church shall be able to enter into Full Communion and Pulpit and Altar Fellowship with any church body sharing similar beliefs and practices and the Lutheran Orthodox Church shall be able to rescind any Full Communion agreements made between itself and any other denomination or fellowship with or without cause. 6: The Lutheran Orthodox Church shall abide by secular laws to the fullest, except where secular laws violate God's laws as established by Holy Scripture. If secular law contradicts Scriptural laws, The Lutheran Orthodox Church shall abide by Scriptural laws. Section 3 subsection A Governing of The Lutheran Orthodox Church, inc 1: The LOC shall be governed by two bodies: The Council of Bishops and The Executive Officers. 2: The Executive Officers shall consist of President, Executive Vice President, Secretary and Treasurer, as well as any number of vice presidents serving in any capacity the President may deem necessary. These officers shall handle the secular affairs of the corporation such as but not limited to signing leases, purchasing materials and property, banking, and other duties consistant with the generally accepted functions of officers of any other church or secular corporation. No salaries shall be paid to any officer of the corporation but requests may be made for reimbursement of customary and normal expenses. 3: The Executive Vice President shall assume the office of President of The LOC inc should the President of the LOC become incapacitated or die during his term in office until such time as the Council of Bishops can convene and choose a successor, with proper emphasis and consideration of the Executive VP. 4: The President of The LOC shall also serve as Presiding Bishop of The LOC. 5: The President may dismiss any executive officer, employee or auxilary personel with or without cause and replace that person at will. subsection B 1: The LOC shall also be governed by a Council Of Bishops. The Council Of Bishops shall handle the spiritual affairs of The Lutheran Orthodox Church such as but not limited to issues of a theological nature, recommendations to the Presiding Bishop on spiritual issues, discussing all matters of church issues not covered by the executive officers. 2: The Council of Bishops shall be made up of 12 Bishops and the Presiding Bishop. The Presiding Bishop appoints Bishops to The Council of Bishops. The number of Bishops may be changed as needed according to the growth of this synod and does not have to be limited to 12 but must have a minimum of 12. Those appointed to sit on the Council of Bishops may use the title Archbishop and have a full voting seat on the Council. The appointment to the office of Bishop shall be for life* (unless dismissed for conduct unbecoming a Christian) and not for a set period of time. A member of The Council of Bishops may be removed from office for conduct unbecoming a Christian as determined by either a judicial committee established by The Presiding Bishop or by the Presiding Bishop directly in the event of serious wrongdoing which would nesessitate immediate action before a committee can convene. The Presiding Bishop must then within 72 hours inform the Council of his actions and allow discussions by the Council for final disposition. 3: The Office of Presiding Bishop shall also be for life. The first Presiding Bishop shall be the Founder and Incorporator of The Lutheran Orthodox Church inc. subsection C (Succession of Presiding Bishop) 1: The Presiding Bishop shall also serve as president of The LOC. In the event of the retirement, incapacitation or death of The Presiding Bishop, the Executive VP shall become the interim President and Presiding Bishop until such time as the Council of Bishops can meet either in person or via internet and discuss and choose a successor. A simple majority vote of all Council of Bishops shall be deemed sufficient to choose a successor. If a majority vote cannot be met, after 5 votes, on 5 successive days, the interim president/ Presiding Bishop shall automatically be installed as permanent Presiding Bishop and President. 2: The Presiding Bishop may be removed from office for conduct unbecoming a Christian as determined by a judicial committee consisting of 3 randomly selected Bishops who report their findings to the entire Council of Bishops, and to all the Executive Officers of the corporation or their designees. The vote to remove a Presiding Bishop must be unanimous by all members of the Council of Bishops (except the Presiding Bishop) and by all Executive Officers, (except the President). Section 4 Clergy The Lutheran Orthodox Church shall have as clergy the following: Archbishops, as described above. Bishops, who serve large areas or regions, or who shall be appointed to offices of special service by The Presiding Bishop. Priests, who may use the title Reverend, Father, Pastor or other customary title and serve a parish or engage in a ministry which directly serves the public. Deacons or Deaconess' who work directly under a Bishop or Pastor but have not yet qualified for ordination. Ministers may transfer from other churches which the Lutheran Orthodox Church deems to be either in Full Communion, or in valid Apostolic Succession or any other church this ecclesiastical body recognizes, but shall also submit an application prior to approval by the Presiding Bishop or Council for transfer. All clergy serve the Lutheran Orthodox Church as volunteers and no salary shall be paid to any clergy of The LOC except that a local congregation may pay a pastor for services rendered on terms mutually agreeable between the local congregation and the pastor. 1: All applicants for clergy shall submit an application to the LOC Headquarters and shall follow the instructions given with the application. It shall be at the discretion of the local or Presiding Bishop if a person is eligible to be consecrated and official approval shall be sent to the local Bishop under whose jursidiction the applicant shall be under. 2: Bishops shall be appointed by The Presiding Bishop or upon recommendation of The Council of Bishops made to the Presiding Bishop with his approval. 3: Clergy of The Lutheran Orthodox Church may be either male or female without any hinderence based on gender, or race or social status. 4: Deacons may be appointed by any clergy of higher rank to serve and train directly with the appointing clergy. Deacons shall be afforded all privileges of clergy except that a Deacon shall not be able to perform wedding ceremonies unless a waiver is given by The Presiding Bishop. 5: Clergy may wear the customary clerical dress such as collar, chasable, full vestments or other clothing customary to Christian clergy. Clergy may also opt not to wear the customary clerical vestments but may dress in proper suit and tie, conservative dress (females) or other clothing deemed proper and suitable for ministers of the Gospel. It shall not be mandatory that those conducting or leading worship service or engaged in ministry wear clerical collar or other garb, but the minister shall be properly and suitably dressed for the service he is engaged in with all due consideration and respect for the circumstances and local customs. 6: Practicing homosexuals may not be ordained into the Christian ministry of the Lutheran Orthodox Church. 7: Heterosexual individuals, male and female, living together without being married or those otherwise engaged in sexual relations outside of the bounds of marriage may not be ordained into the Christian ministry of The Lutheran Orthodox Church. Heads of Households who seek ordination into the LOC and allow this type of conduct under their roof may also not be permitted to be ordained into the ministry of The LOC. 7B: Any individual convicted of any crime of a sexual nature shall be permanently barred from ordination into the ministry of The LOC. 8: All approved ordination ceremonies shall be performed in person, at St Pauls Lutheran Orthodox Chapel, Slatington Pa unless assigned to a local Bishop by The Presiding Bishop. All credentials must come from LOC Headquarters with the signature of the Presiding Bishop or his designee regardless of who performs the ceremony. 9: The Lutheran Orthodox Church shall assume no legal responsibility for the actions of any clergy member. 10: Any credentials issued to LOC clergy can be revoked for conduct unbecoming a Christian by either The Presiding Bishop or by Judicial Committee. 11: A clergy person of the LOC may resign by a simple letter stating that he or she wishes to resign his or her position as a member clergy of the LOC. Section 4:B Educational requirements for all clergy of The Lutheran Orthodox Church 1: Although formal seminary training is most beneficial and encouraged, it shall not necessarily be a prerequisite for otherwise qualified persons to apply for ministerial credentials with this ecclesiastical body. Provided that an applicant be of qood character with adequate verifiable references and an active, ongoing ministry acceptable to the Presiding Bishop or majority vote of the Council of Bishops, and sends in an otherwise acceptable application, the lack of formal seminary training may be overlooked, provided that the candidate is in all other aspects suitable for the ministry. 2: Lacking an adequate seminary background, and being deficient in training, a candidate may be considered for the office of Deacon and trained directly by a Bishop or Pastor for a minimum of 2 years or until such time as the overseeing clergy deems the candidate as suitably trained for pastoral ministry. The candidate shall then submit to examination by the Presiding Bishop or his designee. 3: A candidate who submits bogus educational credentials or false ordination credentials shall be rejected or in the event the person was ordained by the LOC, he or she shall be dismissed at the discretion of the Presiding Bishop or 2/3 vote of the Council of Bishops. Section 5 Congregations 1: Congregations registered with the LOC shall remain congregational in polity and may call an ordained LOC minister as its pastor, paying the pastor whatever agreeable terms decided between the two parties. 2:The Lutheran Orthodox Church shall recognize a congregation as being 2 or more people plus a pastor. 3: Congregations smaller than 2 plus a pastor shall be recognized as a ministry. 4: The congregation may choose to meet in any location suitable for Christian worship but shall notify the LOC headquarters of its primary location of worship. 5: A formal Charter shall be issued to each registered congregation identifying it as a member of The Lutheran Orthodox Church. 6: The LOC assumes no legal responsibility for any congregation affiliated with the LOC. 7: A congregation may withdraw its membership with the LOC by a vote of a majority of its members and a simple letter stating that it chooses to be released from the Lutheran Orthodox Church. The congregation shall retain whatever property it owns and the LOC shall recover its own property if any that the congregation is using. The LOC may revoke a congregation's charter for any reason with or without cause. 8: Worship services shall be decided by the local congregation as to form, style and manner provided that it is sound and Scripturally based and supported. The congregation shall submit to the LOC an outline of the service it intends to use. Section 6 Monetary Policy: 1: The Lutheran Orthodox Church shall never request a fee for any service related to the ministry and no clergy member may ask for or solicit pastoral services for a fee or payment. The following is the only exception: A): A congregation may call, and a pastor may accept a paid position with a congregation and may negotiate terms suitable to both entities relating to the clergy's salary and benefits. The LOC shall have no direct interest in the terms negotiated between pastor and congregation, and all taxes shall be the responsibilities of the two negotiating parties. B): An LOC minister may accept payment for speaking engagements where it is customary for an organization to pay for guest speakers. 2: The LOC shall never take a collection or require dues or tithes paid by members, congregations, clergy or any persons or entities which are served by the Lutheran Orthodox Church. The following are the only exceptions: A): Congregations may take a collection from their members to pay for their resonable and customary expenses, and no report shall be required to be sent to LOC offices. B): The Lutheran Orthodox Church may establish a fund for the offsetting of expenses or for issues such as disaster relief, or for the benefit of an LOC member or others who may be in need of funds due to disasters, illness and the like, or for the purchasing of pastoral care items such as books, etc...which would benefit the association at large, and these shall be at the discretion of The Council of Bishops and/or The Presiding Bishop. It shall never be required that any person pay into any established fund. All contributions shall be made on a voluntary basis only and at no time shall the payment of any fees be required from any member of the LOC to any fund established. C): A clergy member of the LOC may accept a donation for his services provided that the contribution was spontaneous and given freely by someone, and not because it was asked for by the clergy person. 3: The President, Executive VP, Secretary and Treasurer shall have the authority to make deposits, and conduct the monetary affairs of the church. An annual report may be provided to the entire denomination at large if there is anything to report. Since the LOC does not solicit for funds, it shall not be unusual that no report shall be issued. If contributions in excess of $10,000 are received in a calandar year, it shall be reported to the membership in an annual report within 2 months of the end of the calandar year. Section 7 General Business: The Fiscal Year for conducting business in the Lutheran Orthodox Church shall be Jan 1st thru Dec 31st. An annual meeting of Corporate Officers shall be held the last week of each calandar year. 1: This Constitution shall serve as a guide for conducting the affairs of The Lutheran Orthodox Church. Ammendments may be made by a 2/3 majority vote of the Council Of Bishops. Additions may be made by either 2/3 majority vote of The CoB or by the Presiding Bishop directly, provided that he notify the CoB prior to making additions. A 2/3 majority vote of the CoB may reject any additions made directly by the Presiding Bishop and stricken from this Constitution. This vote must be held within one month of the addition of any ammendment to this Constution or it shall remain in effect. 2: The Statement of Faith and Core Beliefs shall be attached to the application for membership and all clergy and congregations wishing to affiliate with the Lutheran Orthodox Church must agree and adhere to those beliefs. A copy of those Core Beliefs and Statement of Faith are herein attached to this Constitution.(Note: For internet viewing of this constitution, the Core Beliefs and Statement of Faith are included on the Application page) 3: Membership (laity, non clergy) shall be opened to all persons who are Christian or who desire to become Christian, and recognize themselves as members of The Lutheran Orthodox Church. They shall agree with the LOC Statement of Faith and Core Beliefs, and conduct themselves in a Christian manner in all matters, public and private. 4: Communion shall be available to all baptized members and non members and the clergy of The Lutheran Orthodox Church may give communion to any who voluntarily request it. The LOC does not practice 'closed communion'. B): All LOC clergy may perform all services of pastoral care to anyone, regardless of the membership status in the Lutheran Orthodox Church of those seeking pastoral care. Clergy of The LOC may provide pastoral care to non-LOC individuals or organizations. 5: The Lutheran Orthodox Church shall not make it a practice to proselytize for members from among the membership of other recognized Lutheran denominations. Adopted, Signed and Delivered to The Congregations this 1st Day of June, in The Year of Our Lord Two Thousand and Four at Slatington, Pennsylvania, USA Section 1 paragraph 2,3 and 4 ammended September 1, 2004 to properly reflect the formal separation of The EPC and The LOC. |
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