Lost and Found Bylaws
By Raul Rivera
I want to share a fictional yet fact-based story about a church involved in a dispute over multiple sets of lost and found bylaws1. The church was in a period of transition between pastors. The outgoing pastor had chosen his son as his successor. However, several board members disagreed with this approach. They believed that while the pastor could nominate his son, the final decision should rest with the board.
In the midst of this disagreement, the church decided to review its bylaws. To the surprise of both the pastor and the board, they discovered multiple versions of the bylaws. One version appeared to support the outgoing pastor’s method of appointing his son, while the other version made no mention of this process. The challenge they faced was that neither version had any supporting documentation to prove when they were adopted or even if they had been officially adopted by the board at all.
The outgoing pastor insisted that the older version of the bylaws, which he relied upon, was the valid one. He could not recall the church ever rescinding that version or adopting a newer one. On the other hand, two board members argued that the version with the later date should be the one the church follows. This disagreement ultimately led to a legal dispute, which had to be resolved in court.
Questions We Should Ask
I cannot stress enough the necessity for pastors and church leaders to engage in thoughtful reflection and diligent review of their church's governing documents. Bylaws are not merely administrative formalities; they are the foundation upon which a church’s governance, operations, and legal standing rest.
With these considerations in mind, let’s explore some key questions that every church leadership team should be able to answer confidently.
- Do We Know Where Our Bylaws Are Located? It’s surprising how many churches today cannot immediately locate their bylaws. Often, they get misplaced when a former church secretary leaves without ensuring a copy is left behind. In other instances, the church's corporate records book may be lost. Regardless of the reason, the best course of action for church leadership is to agree, draft, and adopt a new set of bylaws. During the board meeting where the new bylaws are adopted, the minutes should clearly state that all previous versions are rescinded as of that day, making the newly adopted bylaws the church’s governing document.
- Do we know what’s in our bylaws? This is a crucial question. Many churches today have customs and practices that directly conflict with their own bylaws. This often occurs when churches copy and paste bylaws from another church or quickly adopt a generic set of bylaws to qualify for a loan2 or some other reason without thoroughly reviewing them. The major problem with not fully understanding what’s in the church’s bylaws is that when disagreements arise, all parties turn to the bylaws to support their positions, often leading to further conflict.
- Are We Operating in Compliance with Our Bylaws? At StartCHURCH, through our GetRIGHT program, we help churches create new bylaws that include the latest provisions relevant to today’s post-2019 world. During this process, churches often discover the statement of faith in their bylaws differs from the one published on their website. Additionally, churches frequently uncover that their current methods for handling church offerings do not align with the procedures outlined in their bylaws. Another common issue is the discovery that their process for appointing board members conflicts with the bylaws' stipulations or that the church operates with a different number of board members than the bylaws require. These inconsistencies can pose significant challenges, but by the grace of God, identifying them now allows you to address them proactively before they escalate into conflicts.
Updating or Rewriting the Bylaws
When updating or rewriting a church’s bylaws, it quickly becomes evident that the process involves much more than simply revising one document. In nearly every case, revising the bylaws necessitates a thorough review and adjustment of the church’s policies and procedures to ensure they align with the new governing documents. The updated bylaws may differ significantly from those originally submitted with the church’s Form 1023 application, potentially requiring the church to amend its original 1023 application to reflect these changes.
At StartCHURCH, we are dedicated to empowering churches to navigate the complexities of today’s world by providing expert guidance in updating or rewriting their bylaws. Our GetRIGHT Program is designed to help you align your church’s governing documents with your mission, ensuring that your church remains strong, compliant, and ready to fulfill its calling. We look forward to the opportunity to serve your church and help you build a solid foundation for the future. Call us now at 770-638-3444 to get started!
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- Nation Ford Baptist Church Inc. v. Davis, 382 N.C. 115, (N.C. 2022)
- They ended up with two sets of bylaws when “the Board adopted new bylaws which it later attached to an application for a bank loan it submitted in 2008.” Nation Ford Baptist Church Inc. v. Davis, 382 N.C. 115, 118 (N.C. 2022)