Constitution

CONSTITUTION
OF THE UNITARIAN CHURCH
IN CHARLESTON, SOUTH CAROLINA

(As revised May 17, 2009)

ARTICLE I

NAME 

Sec.  1 

            The Unitarian Church in Charleston, South Carolina is a religious organization created in perpetuity by the act of the General Assembly of the State of South Carolina.  The Unitarian Church in Charleston is a member of the Unitarian Universalist Association. 

ARTICLE II

PURPOSE

 Sec.  1 

            In harmony with the Constitution of the Unitarian Universalist Association of which this Church is a member, and which has long maintained the tradition of Liberal Christianity and Free Religion, our spirit and purpose is expressed in our covenant, ‘We unite in fellowship to seek the truth and to serve mankind’.

ARTICLE III

MEMBERSHIP

Sec. 1               Church Membership

Sec. 2               Corporate Membership

Sec. 3               Congregation

Sec. 4               Responsibilities of Membership

Sec. 5               Privileges of Membership

Sec. 6               Termination of Membership

Sec. 7               Other Types of Membership/Affiliation

Sec.  1             

            Church Membership – Church Membership is open without any arbitrary tests of beliefs to all who subscribe to the above purpose. Membership in the congregation of The Unitarian Church of Charleston is open to all persons regardless of race, color, sex, sexual orientation, or national origin. Church Membership may be attained by signing the Membership book in the presence of the Minister and/or the Chair of the Vestry and a Member of the Corporation. Church Members are entitled to any and all rights and privileges excepting those reserved for Corporate Members.           

Sec.  2             

            Corporate Membership – Corporate Membership shall entail, in addition to Church Membership, the following:       

A.       The attainment of sixteen (16) years of age.

B.        Church Membership for a period of at least three (3) months.

C.        The payment of a recorded contribution to the Church at least once each fiscal year.

D.       The individual’s Corporate Membership shall be automatically terminated upon failure to pay a recorded contribution to the Church during any continuous period of twelve (12) months since the last contribution, but this shall not affect Church Membership.

 

Sec.  3             

            Congregation – The Congregation shall be composed of all Church members including the Corporate members.     

Sec.  4 

Responsibilities of Membership –

A.     Members will commit themselves to the purpose of this church.

B.     Members are encouraged to participate actively in congregational activities.

Sec.  5

Privileges of Membership –

A.  Access to the fellowship of the church community and to the property and services of the congregation and its professional staff.

B.  Corporate Members are eligible to participate in and vote at congregational meetings that determine the life and work of the congregation, once Membership has been in effect for ninety (90) days.

C.  Corporate Members are eligible to serve on the Vestry, Nominating Committee, Endowment Investment Board or as Chair of a committee.

D. Corporate Members are eligible to serve as a delegate at the UUA General Assembly and other denominational gatherings.

E.  Preference in church-sponsored programs with limited enrollment.

F.  Subscription to denominational and church mailings.

 Sec.  6

Termination of Membership –

The names of Members shall be removed from the Membership Roll upon:

A.  The Member’s death.

B.  Written request by the Member to the Vestry.

C.  A period of inactivity over one year, pending removal by the Vestry in accord with church policy.

D.  Removal by a two-third’s (2/3’s) vote of the Vestry for actions that threaten the well-being of the Congregation.

Sec.  7

            Other Types of Membership/Affiliation –

A.  Honorary Members  — As a way of honoring Members who become unable to participate fully in the life of the church, Members may be granted Honorary Membership status on the recommendation of the Membership Committee and approval of the Vestry. Honorary Members shall have the same rights and privileges as Members, and are not considered Members for denominational purposes.

B.  Young Adults — In an effort to maintain ties and offer support to Young Adults who wish to be affiliated with the church, this category is available for those ages 16 – 24 upon request to the church to be conveyed to the Membership Committee for approval. This Membership status is non-voting. Young Adults are not considered Members for the purpose of church denominational contributions.

C.  Children In Religious Education Programs — Although not considered members for denominational purposes children in the church are important and are recognized as integral and valued individuals within our church Family.

D.  Friend  — For those who do not wish to become members, but do wish to attend and participate in the programs and activities of the church, we offer an invitation to become Friends.  While this has no official status for denominational purposes, it allows us to recognize those who wish to have a close relationship with us without becoming Members.  Persons who wish to become Friends rather than Members may participate in any committee program offered by the church, although they may not be a chairperson. They may attend general Membership meetings and, if recognized by the Chair, may participate in the discussion of issues, but they may not vote.  Friends may not hold an elected office, chair a committee, be on the Nominating Committee, or be a member of the Vestry.  They may use the church facilities for weddings and memorial services, but they must pay the full rental fees.

       (The names of Honorary Members, Young Adults, Children in Religious Education Programs, and Friends shall be archived in accord with church policy.)

ARTICLE IV

VESTRY GOVERNANCE

Sec.  1             

            The Church shall be governed by nine (9) Vestry members who shall be Corporate members elected by the corporation and responsible to it.  The term of office for Vestry members shall be for three (3) years beginning with the first regular Vestry meeting following the Annual Meeting of the Corporation, and they shall not be eligible for reelection until one (1) year after each full three (3) year term.

            Three (3) Vestry members shall be retired and three (3) new Vestry members shall be elected to succeed them at each annual meeting.  The nomination of Vestry members shall be provided by the Nominating Committee and may also be received from the floor at the Annual Meeting.  A Chair, Vice-Chair, Second Vice-Chair, and Secretary of the Vestry shall be elected annually by the Vestry at a special Vestry meeting before the concluding Church Service of the fiscal year and shall serve as the executive committee.  All unscheduled vacancies occurring in the elective Vestry members shall be filled by special election at a corporate meeting within three (3) months.

            The Minister, Director of Religious Education (DRE), and Director of Music shall be an ex officio (non-voting) member of the Vestry.

Sec.  2             

            Vestry attendance – In the event that a member of the Vestry shall, unless excused, miss three (3) consecutive meetings of the Vestry, the unexpired term shall be declared vacant by the Chair of the Vestry.

Sec.  3             

            Policies, not clearly set forth in this Constitution, approved by the Vestry for the governing of the Church, shall be in the form of Vestry Policies.  These Policies shall be signed by the Chair of the Vestry, numbered, dated and maintained as to be accessible to all Church members.  An index of all Policies, including title and effective date will be maintained. The Second Vice-Chair of the Vestry will be responsible for this section of the Church Constitution.

 ARTICLE V

MEETINGS

 Sec.  1             

            Meetings of the Corporation – The Annual Meeting of the Corporation shall be held during May subsequent to the regular May Vestry meeting on a date directed by the Vestry.  Other meetings of the Corporation may be called by the Vestry.  The Vestry shall call a meeting of the Corporation within twenty-one (21) days after receipt of a petition for such meeting signed by at least fifteen (15) percent of the Corporation.  Notice of all meetings of the Corporation shall be mailed at least ten (10) days prior to the meeting and by announcement from the pulpit on two (2) successive Sundays immediately preceding the meeting.  Notice of all meetings shall include the time, place, and in case of a special meeting, the special business to be considered.

            The presiding officer at all meetings of the Corporation shall be the Chair of the Vestry or in his absence, the Vice-Chair, or in the absence of both, the Second Vice-Chair. If all three Vestry members are absent, a Chair shall be elected by the members present.  A quorum for all meetings of the Corporation, except as hereinafter provided for, shall consist of twenty-five (25) percent of the Corporate membership.  Simple majority vote of those present and voting shall decide any question, unless otherwise specified in this Constitution.

Sec.  2             

            Voting – Voting in Corporate meetings shall be limited to Corporate members.  The Stewards, the Vestry Secretary, and the Membership Committee Chair, working in cooperation, shall at all times have available an accurate list of corporate members.  The business of Corporate meetings shall include elections of Church officers, the selection and retention of a Minister, the dissolution of the Church and all rescissions and/or amendments of the Constitution or any portion thereof. Voting at meetings of the Corporation shall be as directed by the presiding officer, except upon the request of any three (3) members, the voting shall be by secret ballot.  No vote by proxy or mail shall be allowed.

 Sec.  3             

            Meetings of the Vestry – The Vestry shall hold regular monthly meetings during the active Church year.  Other meetings may be called at the discretion of the Chair with notice by mail or phone to each Vestry member.  The presiding officer at all meetings shall be the Chair, the Vice-Chair, or the Second Vice-Chair.  A quorum shall consist of five (5) members of the Vestry.  All meetings of the Vestry shall be open to any interested member of the Congregation.  Participation by non-Vestry members in the proceedings of the Vestry shall be by invitation only.

 Sec. 4

            Meetings of the Endowment Investment Board – The Endowment Investment Board shall meet no less than twice annually.  The Board shall also meet on call of the Chairperson or the Church Treasurer. 

ARTICLE VI 

DUTIES OF THE CONGREGATION

Sec.  1             

            All rights, duties and privileges not otherwise delegated in this Constitution shall be the rights, duties and privileges of the Congregation.

ARTICLE VII

DUTIES OF CHURCH OFFICERS                                               

Sec.  1             

            Duties of the Vestry – The duties of the Vestry shall be to govern and control the day-to-day affairs of the Church, administer finances, call meetings of the Corporation, make temporary provisions for filling the pulpit, provide candidates for Minister and the Nominating Committee, and provide such committees as may be desirable. The Chair of the Vestry shall appoint the chairmen of all committees except the Nominating Committee and may delegate authority to committee chairmen and other as may be desirable. The Vice Chair of the Vestry will manage duties to operating as a Program Church to include Chair of the Program Council.

            It shall be the duty of the Vestry, when requested to do so by fifteen (15) percent of the Corporate membership, to report to the Corporation without delay on conditions of Church affairs.  Employees of the Church, such as Secretary, Organist, Sexton, and others shall be provided by the Vestry.            

            No contracts involving the unbudgeted expenditure of monies exceeding a total of seven thousand five hundred dollars ($7,500) shall be made, or entered into by any officer of the Church or by the Vestry in any fiscal year without a vote of the Corporation authorizing such expenditures. Only the Vestry Chair or another Vestry member designated by the Vestry Chair may make or enter into contracts on behalf of the Church. These limits and restrictions shall apply to all Church funds, including special funds such as The Landmark Fund, The Churchyard Fund, and any other funds to be established in the future. In the case of emergency, a vote by at least five (5) members of the Vestry may authorize needed expenditures in excess of the seven thousand five hundred dollars ($7,500.00) limit. Imminent danger to people, Church Buildings, or Churchyard shall constitute an emergency.

 Sec.  2             

            Use of church property by outside groups: Application for use of the Church or related buildings and property by special interest groups or individuals – those advocating some specific action of a controversial nature – may be approved only by the Vestry.  Such groups or individuals must be advised that their use of Church facilities is contingent upon their making clear that the Church is not responsible for, nor does it necessarily endorse, their views.  This must be made clear both in presentation to their meetings and to the public through press releases. 

Sec.  3 

            Duties of the Treasurer – The Treasurer shall be a Corporate Member elected by the corporation and responsible to it.  The term of office for the Treasurer shall be for four (4) years beginning with the first regular Vestry meeting following the Annual Meeting of the Corporation, and the Treasurer shall be eligible for reelection to one four (4) year term.  The duties of the Treasurer, who must be adequately covered by bond, are to ensure correct records of the finances of the Church are maintained, to receive all monies due the Church and to give his/her receipt therefor, to pay all demands against the finances of the Church authorized by the Vestry, and to prepare such financial statements as are requested by the Vestry. The Treasurer shall report to the Vestry on a quarterly basis. The Treasure will sit on the Finance and the Endowment Investment Board. All demands against the finances of the Church shall be paid by check signed and countersigned by two of the following: the Treasurer, Chair, Vice-Chair, Second Vice-Chair, or Secretary of the Vestry. The other duties of the Treasurer shall be set by the Vestry in writing and by two-thirds (2/3’s) vote of the Vestry.  Upon a recommendation by the Finance Committee, the Treasurer may be recalled by a majority vote of the Vestry.

Sec.  4

            Duties of the Stewards – The duties of Stewards are to take charge of monies from public offerings of the Church and all pledged monies, properly record the same to the account of each contributor.  The monies of offerings and pledged contributions shall be turned over the Treasurer. The Stewards shall count monies in the presence of each other, and if one should be absent, shall request a member of the Congregation to assist him in same.

ARTICLE VIII 

FISCAL YEAR

Sec.  1             

            The Fiscal Year of the Corporation shall commence on July 1 and terminate on June 30th of each year.

ARTICLE IX 

RESIGNATIONS

Sec.  1             

            Resignations of all Vestry members and employees shall be made to the Chair of the Vestry in writing and become effective upon receipt. 

ARTICLE X

THE MINISTER

Sec.  1             

The election of the Minister shall be by two-thirds (2/3) vote of those present and voting at an officially-called meeting of the Corporation.  A simple majority vote of the Corporate membership shall be required to request the resignation or effect the discharge of the Minister.

ARTICLE XI

LONG RANGE PLANNING BOARD

Sec.  1             

            There shall be a Long Range Planning Board composed of three past Vestry Chairs, and four additional members, and with the current Vestry Chair and Minister ex officio.  The purpose of the Board is to assure continuity in church affairs by examining, evaluating, and recommending long range goals.  It shall make recommendations to the Vestry.

ARTICLE XII

PROGRAM COUNCIL

Sec.  1             

            There shall be a Program Council, composed of Committee Chairs and other invited church group leaders.  The Program Council is lead by the Vice Chair of the Vestry. The Program Council is responsible for the activities of the Church, to assure that the Church’s programs run smoothly, and is meeting the goals and objectives agreed upon by the Church Vestry.  The Program Council is responsible for developing a yearly program plan of activities.  The Program Council shall develop a program budget to support the yearly program plan of activities.  This recommended yearly budget shall be submitted to the Finance Committee by 15 February of the Church Year.

ARTICLE XIII 

COMMITTEES

Sec.  1             

            Committees are formal church organizations that are sanctioned by the Church Vestry.  Committees are a critical part of the Church’s governance, supporting the Church’s yearly program activities and yearly budgeting process. Committee shall have a mission statement, Chair that serves on the Program Council, and hold regular meetings.  Committees shall have such numbers as may be designated by the Chair of the Vestry except as otherwise specified in this Constitution.  Such committees as are desirable shall be provided and shall include committees and persons that cover the following areas:

A.     Nominating Committee – consisting of five (5) Corporate members elected at the Annual Meeting.  The Nominating Committee shall nominate candidates for all vacancies in the Vestry and the Treasurer.  The Vestry shall nominate candidates to serve as the Nominating Committee, but nominations may also be received from the Corporate members from the floor. A list of all nominations for elective offices shall be mailed to each Corporate member at least two (2) weeks prior to the election.

B.     Archives

C.     Budget, Finance and Planned Giving

D.     Buildings and Grounds

E.      Membership

F.      Committee on the Ministry – The members of Committee on the Ministry are chosen by the Vestry from a list prepared by the Committee on the Ministry (COM) and the minister. A minimum of two names should be submitted for each position to be filled. The term of office will be 3 years with no one serving more than a second consecutive three-year term. When possible, membership terms should be staggered to provide continuity within the COM. Membership on the COM can range from 3 to 7 members with the minister serving as ex officio (non-voting) member. The COM at the final meeting of the fiscal year shall elect a committee chair for the following year.

G.     Program

H.     Religious Education

I.        Social Justice

J.       Stewards

K.     Worship

 Sec.  2

Church groups are more informal gatherings of Church members/friends that have common interests.  Church groups’ activities are a critical part of the Church’s yearly program activities. Although Church groups are not formally sanctioned by the Vestry, they may request participation in the Program Council, and usually participate in the yearly church activities planning.

ARTICLE XIV 

BUDGET

Sec.  1

            Each year no later than February, the Vestry Vice-Chair, in conjunction with the Chair of the Budget and Finance Committee shall call a meeting of the Program Council for the purpose of ascertaining their financial needs and plans.  The detailed budget, after approval by the Vestry, shall be mailed to each Corporate member of the Congregation at least two (2) weeks prior to the Annual meeting and the acceptance, modification or rejection shall occur at this meeting.

Sec.  2             

            Committee reports for the current fiscal year will be consolidated by the Vestry and made available to all Corporate members prior to the Annual Meeting.

 

ARTICLE XV 

ENDOWMENT INVESTMENT FUND AND ENDOWMENT INVESTMENT BOARD

Sec. 1

Endowment Fund – The Endowment Fund is formally recognized as the Fund which accepts gifts which are primarily to be used for the long-term vitality and financial health of the Church community.  Principal in the Endowment Fund will be protected on an inflation-adjusted basis according to the specifics laid out in its policy. Upon at least a majority of those voting at an officially-called meeting of the congregation: 1) portions or the entirety of the Endowment Fund (including protected principal) can be committed as security for loans, and 2) in extreme conditions threatening the survival of the UCC community, portions or the entirety of the Endowment Fund (including protected principal) can be committed to help the congregation recover.

Sec. 2

Endowment Investment Board (EIB)– The Endowment Investment Board is formally established to oversee the investment of the Endowment Fund and to establish and maintain guidelines for acceptance of gifts.

2.1 Policies and Practices- The EIB operates within a formal statement of policies and practices, which are initially approved by the Vestry and later may be modified as necessary upon recommendation of the EIB or the Vestry and approval of the other body. If the EIB and the Vestry should fail to agree to proposed modifications, either body may submit the proposed modifications to the congregation for approval by at least a majority of those voting at an officially-called meeting.

2.2 Membership – Members are to be:

 Five voting members are elected by the Corporation from among corporate members with staggered three-year terms. One of the members elected by the Corporation will be from among Finance Committee members (including the Chair). An individual may serve up to two consecutive terms and then must take at least a one-year hiatus before serving again.

  • The Treasurer will be a voting member.
  • One voting member is appointed by the Vestry on an annual basis.  This individual may be from the Vestry or from corporate members at large and may serve up to six consecutive years and then must take at least a one-year hiatus before serving again.
  • The Chair of the EIB will be any voting member except the Treasurer or the Chair of the Finance Committee, if serving. The Chair of the EIB will be elected annually by majority vote of all voting members (including the Treasurer and Chair of the Finance Committee, if serving).
  • A professional financial advisor, recommended annually by the Endowment Investment Board and approved by the Vestry, will be an ex-officio member of the Board.

ARTICLE XVI

AMENDMENTS

 Sec.  1             

            Upon thirty (30) days’ notice, this Constitution may be rescinded or amended, in whole or in part, at any officially-called meeting of the Corporation upon a two-third (2/3) vote of those present and entitled to vote, provided that thirty (30) days’ notice of the subject of the proposed change has been given to all Corporate members.

ARTICLE XVII

DISSOLUTION OF THE CHURCH

 Sec.  1             

            The Church may be dissolved as provided under the applicable laws of the State of South Carolina, at any officially-called meeting of the Corporation upon a three-quarter (3/4) vote of the entire Corporate membership.  In the event of the dissolution of the Church, the ownership of all Church property, after the payment of all just debts owed by the Church, shall vest in and become the property of the Unitarian Universalist Association; and in such event, the Chair and the Secretary of the Vestry at the time of dissolution shall be authorized to execute and deliver in the name and on behalf of the Church such deeds, conveyances, and other legal documents as may be necessary to transfer the title to the said Church property to the Unitarian Universalist Association. 

ARTICLE XVIII

REPEAL OF PREVIOUS CONSTITUTIONS

 Sec.  1             

            All previous constitutions and by-laws are hereby repealed.

 

                                                                                    ADOPTED MAY 17, 2009