By-Laws
BYLAWS OF
Destiny Church
A Church Corporation
ARTICLE ONE
GENERAL
Section 1.1 Name. The name of the church corporation is Destiny Church, Inc., hereinafter referred to as “the Church.”
Section 1.2 Nonprofit Purposes. The Church is organized and shall be operated exclusively as a nonprofit Church, for the religious, charitable and educational purposes stated in these Bylaws and the Articles of Incorporation including but not limited to licensing, ordaining and overseeing ministers of the gospel, worship, evangelism, missions, ministry to the poor and needy, discipleship and fellowship according to Biblical principles and as an organization exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986, as amended or any successor statute of similar import.
Section 1.3 Offices. The principal office of Destiny Church, herein after referred to as the Church, shall be located at the address set forth in the Articles of Incorporation. The Church may have such other offices, either within or without the State of Incorporation, as the Board of Directors may determine.
ARTICLE TWO
STATEMENT OF FAITH
HOLY BIBLE: The Bible is the inspired and infallible Word of God and is the only standard for our faith and way of life. There is only one God, eternally existing as three persons: Father, Son (Jesus Christ), and Holy Spirit. (II Timothy 3:16; II Peter 1:20-21; Proverbs 30:5; Romans 16:25-26).
TRINITY: There is one God, eternally existent in three persons: Father, Son and Holy Spirit. These three are coequal and co-eternal (I John 5:7; Genesis 1:26; Matthew 3:16-17, 28:19; Luke 1:35; Isaiah 9:6; Hebrews 3:7-11).
JESUS CHRIST: Jesus Christ is God the Son, the second person of the Trinity. On earth, Jesus was 100% God and 100% man. He is the only man ever to have lived a sinless life. He was born of a virgin, lived a sinless life, performed miracles, died on the cross for mankind and thus, atoned for our sins through the shedding of His blood. He rose from the dead on the third day according to the Scriptures, ascended to the right hand of the Father, and will return again in power and glory. (John 1:1,14, 20:28; I Timothy 3:16; Isaiah 9:6; Philippians 2:5-6; I Timothy 2:5).
REDEMPTION: Man was created good and upright, but died spiritually through separation from God when he willfully sinned. God provided for man to be cleansed of his sin and reunited with Him only through repentance and faith in the atoning work of the Lord Jesus Christ. (Gen.1:26-31; 3:1-7; Romans 5:12-21; John 6:44, 65).
SALVATION: We are saved by grace through faith in Jesus Christ; His death, burial, and resurrection. Salvation is a gift from God, not a result of our good works or of any human efforts (Ephesians 2:8-9; Galatians 2:16, 3:8; Titus 3:5; Romans 10:9-10; Acts 16:31; Hebrews 9:22; John 3:3,4; Acts 4:12).
REPENTANCE: Repentance is the commitment to turn away from sin in every area of our lives and to follow Christ, which allows us to receive His redemption and to be regenerated by the Holy Spirit. Thus, through repentance we receive forgiveness of sins and appropriate salvation (Acts 2:21, 3:19; I John 1:9).
SANCTIFICATION: Sanctification is an ongoing act of separation from that which is evil, and dedication to God by the power of the Holy Spirit. (I Thessalonians 4:3, 5:23; II Corinthians 3:18; 6:14-18, II Thessalonians 2:1-3; Romans 8:29, 12:1-2; Hebrews 2:11).
THE HOLY SPIRIT: The Holy Spirit is the third person of the Trinity. Believers are to be continually filled with the Holy Spirit. (Joel 2:28-29; Matthew 3:11; Mark 16:17; Acts 1:5, 2, 8:14-17, 10:38, 44-47, 11:15-17, 19:1-6; Eph. 5:18).
THE CHURCH: The church is the Body of Christ, the habitation of God through the Spirit. Every person who is born of the Spirit is an integral part of the church as a member of the body of believers. There is a spiritual unity of all believers in our Lord Jesus Christ. The purpose of the Church, which includes all believers worldwide, is to worship God and to extend His kingdom by preaching the gospel and making disciples of people from every nation, teaching them to obey everything that Jesus commanded. (Ephesians 1:22, 2:19-22; Hebrews 12:23; John 17:11, 20-23).
TWO SACRAMENTS:
Water Baptism: Following faith in the Lord Jesus Christ, the new convert is commanded by the Word of God to be baptized in water in the Name of the Father and of the Son and of the Holy Spirit (Matthew 28:19; Acts 2:38).
The Lord's Supper: A unique time of communion in the presence of God when the elements of bread and grape juice (representing the Body and Blood Jesus Christ) are taken in remembrance of Jesus' sacrifice on the Cross (Matthew 26:26-29; Mark 16:16; Acts 8:12, 36-38; 10:47-48; I Corinthians 10:16, 11:23-25).
HEALING OF THE SICK: Healing of the sick is illustrated in the life and ministry of Jesus, and included in the commission of Jesus to His disciples. It is given as a sign which is to follow believers. It is also a part of Jesus' work on the Cross and one of the gifts of the Spirit. (Psalm 103:2-3; Isaiah 53:5; Matt. 8:16-17; Mark 16:17-18; Acts 8:6-7; James 5:14,15)
GOD’S WILL FOR PROVISION: It is the Father's will for believers to become whole, healthy and successful in all areas of life. But because of the fall, many may not receive the full benefits of God’s will while on Earth. However, all believers should seek the full benefits of Christ’s provision in order to better serve others.
1) Spiritual (John 3:3-11; II Corinthians 5:17-21; Romans 10:9-10).
2) Mental and Emotional (II Timothy 1:7, 2:11; Philippians 4:7-8; Romans 12:2).
3) Physical (Isaiah 53:4,5; Matthew 8:17; I Peter 2:24).
4) Financial (Joshua 1:8; Mal 3:10-11; Luke 6:38; II Cor.9:6-10; Philippians 4:19).
RESURRECTION: Jesus Christ was physically resurrected from the dead in a glorified body three days after His death on the cross. In addition, both the saved and the lost will be resurrected; they that are saved to the resurrection of life and they that are lost to the resurrection of eternal damnation (Luke 24:16, 36, 39; John 2:19-21, 20:26-28, 21:4; Acts 24:15; 1 Corinthians 15:42, 44; Philippians 1:21-23, 3:21).
HEAVEN: Heaven is the eternal dwelling place for all believers in the Gospel of Jesus Christ (Matt.5:3,12,20, 6:20, 19:21, 25:34; John 17:24; II Cor.5:1; Heb.11:16; I Peter 1:4).
HELL: After living one life on earth, the unbelievers will be judged by God and sent to Hell where they will be eternally tormented with the Devil and the Fallen Angels
(Matthew 25:41; Mark 9:43-48; Hebrews 9:27; Revelation 14:9-11, 20:12-15, 21:8).
SECOND COMING: Jesus Christ will physically and visibly return to earth at a date undisclosed by the Scripture for the second time to establish His Kingdom.
(Matt. 24:30, 26:63-64; Acts 1:9-11; I Thess. 4:15-17; II Thess.1:7-8; Rev. 1:7).
ARTICLE THREE
MEMBERSHIP
Section 3.1 General. The membership of this Church shall consist of such persons who have met the qualifications for membership and are listed on the membership rolls. All present members of the unincorporated entity known as DESTINY CHURCH shall upon incorporation and signing the Members Covenant agreeing to be bound by the articles, constitution and bylaws of the new corporation become members of this Church. No members of this Church, nor any officer or director shall, by virtue of such membership, office or position, incur or be subject to personal liability to any extent for any indebtedness, obligations, acts or omissions of this corporation.
Section 3.2 Qualifications for Membership. Active membership in the Church shall be open to all persons 18 years of age and older who meet the following membership qualifications:
1. Profess a personal commitment of faith in Jesus Christ for salvation in accordance with Romans 10:9;
2. Commit to voluntarily subscribe and sign the Members’ Covenant.
Section 3.3 Admission of Members. Application for membership may be made with any Pastor.
Section 3.4 Designation of Membership. To properly and accurately reflect the membership of the Church, three rolls shall be maintained as follows:
1. Voting Members. All members who are currently active in the Church, and are eighteen years old or older.
2. Non-Voting Members. All persons who have met all qualifications for membership but have not yet attained the age of eighteen years shall become non-voting members of the Church. Upon their eighteenth birthday, non-voting members shall automatically become voting members.
3. Inactive Members. Members who have become inactive as determined by the Pastors.
Section 3.5 Responsibilities. Members shall be expected to become familiar with the Church Articles and Bylaws, and to agree to adhere and be bound by the Church Articles, Constitution and Bylaws. Members shall attend regularly the services of this Church, give generously for its support and causes and share in its organized work. Members must pursue peace and unity, and be faithful in all duties essential to the Christian life. Members of the Church who shall willfully absent themselves from regular services for a period of six consecutive months, or withhold their financial support for this period of time, shall not be counted in the voting membership.
Section 3.6 Voting Rights of Membership. Every Member shall have the right to vote on the following matters:
1. Disposition of all or substantially all of the Church’s assets;
2. Merger or dissolution of the Church;
3. Call of the Lead Pastor as specified in these Bylaws;
4. Any other major event or decision as designated by the Board.
Members on the meeting date who are otherwise eligible to vote are entitled to vote at the meeting. All pastors and ministers who are to be ordained or licensed from the Church must be Church members.
Section 3.7 Church Discipline and Restoration. It shall be the practice of this Church to pursue every reasonable measure for peace and reconciliation. Should one member sin against another member or the body of members, the aggrieved members shall follow in a tender spirit the rules given by our Lord and Savior in Matthew 18:15-17; 1 Corinthians 5:9-13; and 1 Thessalonians 5:12-14. The Pastors are available for counsel and guidance to the aggrieved members. Differences that cannot be resolved will be handled by the Pastors. If the member remains unrepentant, then upon reasonable notice and an opportunity to be heard by the Pastors upon the charges of unrepentant sin, the Pastors can take whatever disciplinary measures they see fit for restoration including but not limited to dismissal from membership. If the member is dismissed from membership, the pastors shall notify the church for prayer and for compliance with Scripture as to the treatment of the unrepentant former member.
Section 3.8 Termination. The Church shall dismiss from its membership and remove from the Church rolls those who request transfer of membership to another church by letter of recommendation which shall be granted after approval by the Pastors, those who are removed by death, those who may resign and request membership to cease, those who fail to actively support and attend the Church as outlined above and those who are found guilty of public, aggravated, or habitual sin and are unrepentant, and this only after due process.
Section 3.9 Restoration of Members. Members dismissed by the Church shall be restored to full membership privileges according to the spirit of 2 Corinthians 2:7,8 when their conduct is judged by the Pastors to be in accordance with the Statement of Faith and Biblical repentance.
Section 3.10 Annual Congregational Meeting. An Annual Congregational Meeting of the Members shall be held in the first quarter of each year. Notice of the time and place of the meeting shall be given from the pulpit two (2) weeks prior to the meeting, and shall be listed in the Church program for two (2) consecutive weeks before the meeting, either of which method shall be deemed to be a reasonable method of calling the annual congregational meeting. The purpose of this meeting shall be to inform about an annual budget, which shall be distributed at the meeting, and to discuss any other appropriate business. Any other proper business may be conducted at this meeting, when approved by the Pastor or Board and proper notice is given to the members.
Section 3.11 Other Special Meetings. Other special meetings of members may be called at any time and for any purpose by the Lead Pastor or a majority of the Board to update the congregation on the status and direction of the Church ministries when the Pastor or majority of the Board members believe that the need to do so exists. Except as noted elsewhere in these Bylaws, notice of these meetings shall be given from the pulpit and published in the regular Church bulletin at least one week prior to the meeting. The notice shall specify the date, time and place and general nature of the business to be conducted.
Section 3.12 Quorum. At least one tenth of all voting Members present at a duly called meeting shall constitute a quorum of the membership for the transaction of business but if a quorum cannot be achieved then the quorum for the subsequent duly called meeting will be the members that are present. All decisions of the membership shall be made by majority vote of those Members present and voting, except where otherwise specified in these Bylaws.
ARTICLE FOUR
GOVERNMENT
Its Members, the Board of Directors of the Church, the Lead Pastor, the Advisory Board, and the Overseers govern Destiny Church. The Members determine the spiritual tone, strength and direction of the church by wisely selecting the Lead Pastor (Article 5). The Board of Directors are to serve the church by making the major financial decisions for the church (Article 6). The Lead Pastor’s office is responsible to oversee the day-to-day ministry of the church (Article 7). The Advisory Board helps in the selection of the Board of Directors and in offering advice as needed to the Lead Pastor, and the Board of Overseers is to protect the church through counsel and prayer, and, if required, the discipline of the Lead Pastor (Article 8).
ARTICLE FIVE
Selection of Lead Pastor
Section 1. General Authority to select a new Lead Pastor.
In the event that the church needs a new Lead Pastor, two methods are provided for the members’ selection of a new Lead Pastor. One method involves the participation of the departing Lead pastor and the other does not. The founding pastor of the church, Greg Wigfield, does not need to be officially confirmed by the members; therefore, he is exempted from Article Five.
Section 2. Members’ Process with the Participation of the Departing Pastor
2.1 Departing Pastor Participates in Replacement
If the Lead Pastor is in good standing with the church and is removing himself because of retirement or relocation, the following is the selection process:
2.2 Members’ Vote
The Lead Pastor may choose up to two candidates. The first candidate is to speak in three or more of the primary services of the church. The Lead Pastor is to immediately call a meeting of the membership by making an announcement during the primary Sunday church service. The meeting is to be held in the church building eight days following on a Monday night. Then the Lead Pastor is to formally recommend this candidate in a Monday night meeting of the membership. For any meeting of the membership for pastoral selection, membership is to be verified at the door. At that meeting, the departing Lead Pastor and the candidate are to leave. Then the Secretary/Treasurer is to conduct a secret ballot vote, and, with a minimum two-thirds (2/3) vote of those members present, the candidate shall be accepted. If that ballot fails, the second candidate which the Lead Pastor has chosen is afforded the same opportunity as the first. If that ballot fails, the process outlined in Section 3 shall be followed.
Section 3. Members’ Process without Departing Pastor’s Participation
3.1 Departing Pastor Unavailable
If the Lead Pastor is removed by the Overseers, is deceased, cannot or will not participate in the selection process of the new Lead Pastor for any reason, the following shall be the process for selecting a new Lead Pastor:
3.2 Meeting of the Membership
The Secretary, Treasurer or another person appointed by the Board of Directors is to immediately call a meeting of the membership by making an announcement during the primary Sunday church service. The meeting is to be held in the church building eight days following on a Monday night.
3.3 Formation of Pastoral Selection Committee
At the meeting of the membership, a Pastoral Selection Committee of nine people will be elected by the membership, to include three men and three women from the general membership and the three most Lead full-time pastoral staff members. If there are not three full-time pastoral staff members, the membership may elect for those positions people who are familiar with the day-to-day work of the church. The Secretary will lead the meeting. Nominations will be taken from the membership, and then the membership will vote on the committee. The committee itself is to vote and select a chairperson and co-chairperson.
3.4 Duties of Pastoral Selection Committee
It is the duty of the Pastoral Selection Committee to provide an interim pastor or speaker(s) to conduct church services. However, neither an interim pastor nor any guest speaker shall have the corporate powers of the President.
3.5 Members’ Vote
The committee is to recommend a new Lead Pastor as soon as an acceptable candidate is available. That person must be a licensed or ordained minister of the Gospel, and he must be approved by two of the three members of the Board of Overseers before being presented to the church. Once the committee recommends a Lead Pastoral candidate, that person may speak to the church in every service for three weeks, after which time a meeting of the membership shall be publicly called on a Monday night, chaired by the Secretary, Treasurer or by a member of the Board of Directors selected by that Board. At that meeting church members shall vote by secret ballot either to accept or to reject the pastoral candidate. Directors and their wives are to count the ballots. A minimum two-thirds (2/3) vote of those attending the meeting is required to elect the next Lead Pastor. If there is not a two-thirds (2/3) majority in favor of the candidate, the Pastoral Selection Committee shall seek another candidate.
3.6 Staff Administration during transition
During the selection process, members of the church staff are to continue in their positions. Should staff or financial problems arise, the Board of Directors has authority to alter the roles of staff members, including dismissal if necessary in their own judgment. Once the new Lead Pastor is in place, he has full authority to select his own staff, replacing existing staff members, if he should choose, according to any agreements (Art. 7, Sec. 2, Par. 5).
ARTICLE SIX
DIRECTORS OF THE CHURCH
Section 1. General Powers.
The major financial affairs of the Church shall be managed by the Board of Directors, hereinafter referred to as The Directors, whose members shall have a fiduciary obligation to the Church according to sections 2 & 3 of this Article. Members of the Board of Directors are to meet the Biblical qualifications of Deacon.
Section 2. Functions.
2.1 Provide Facilities
The Directors vote in accordance with these Bylaws in order to conduct the major business decisions of the Church. The Directors oversee the provision of the physical facilities needed by the church body. They also coordinate any construction projects that require a loan.
2.2 Exclusive Authority
The Directors are the only body within the Church or church body with the authority (1) to buy and sell real estate, (2) to borrow money, or (3) to secure real estate leases.
2.3 Counsel:
The Directors are to provide counsel to the Lead Pastor regarding the major financial, legal or business affairs of the church.
2.4 Staff Loans:
Any employee of the church requesting financial assistance from the church in the form of a loan must first get permission from the Lead Pastor to apply for the loan. The Directors shall then review the application. All terms and conditions of the loan must be approved by a majority (2 or more) of the Directors. No loans shall be made to any Officer or Director of the Church.
Section 3. Financial Guidelines
3.1 Annual Review and Audit
If the income of the church exceeds $1,000,000 per year, the Directors shall obtain an annual review and an audit every three to five years performed by an independent public accounting firm in accordance with Generally Accepted Auditing Standards (GAAS), with financial statements prepared in accordance with Generally Accepted Accounting Principles (GAAP).
3.2 Audit Review Committee
The Directors shall appoint the Secretary and two other members of the Trustee board to serve as an audit review committee. After reviewing the annual audit, they are to report their findings at a Directors meeting.
3.3 Budget
The Directors will work with the Lead Pastor to develop and approve the annual budget of the church. The Lead Pastor and a majority of the Directors must approve the annual budget. In order to provide for the physical needs of the church, the Directors have available to them 100% of all unrestricted monies accumulated in any type of savings accounts (including stocks, bonds, CD's, mutual funds, etc.) and all assets in land and property. In addition, the Directors may direct any expenditure up to 35% of the unrestricted income of the church from tithes, offerings, interest, and investments. Current undesignated income is to be determined by the undesignated income of the previous year. From the 35% of church income at the Directors’ disposal, payment must be made on all debts and real estate leases of the Church.
3.4 Conflict of Interest
Full Disclosure of Possible Conflicts: A contract or other transaction between the Church and one or more of its directors, officers or family members thereof (hereinafter “Interested Party”), or between the Church and any other entity, of which entity one or more directors, officers, or trustees are also Interested Parties, or in which entity an Interested Party has a financial interest – shall be voidable at the sole election of the Church unless all of the following provisions are satisfied:
1) The Church entered into the transaction for its own benefit or for the benefit of another supported organization;
2) The transaction was fair and reasonable as to the Church, or was in furtherance of its religious, charitable, or educational purposes at the time the Church entered into the transaction; and
3) Prior to consummating the transaction, or any part, the Board of Directors authorized or approved the transaction, in good faith, by a vote of a majority of the Directors then in office, without counting the vote of the interested Director or Directors, and with full knowledge of the material facts concerning the transaction and the Interested Parties’ interest in the transaction; and
4) Prior to authorizing or approving the transaction, the Board of Directors, in good faith, determined after reasonable investigation and consideration, that either the Church could not have obtained a more advantageous arrangement, with reasonable effort under the circumstances, or the transaction was in furtherance of the Church’s tax-exempt purposes.
Interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors (or a committee thereof) that authorizes, approves, or ratifies such contract or transaction, but may not be counted for voting purposes. Notwithstanding the above, no loan shall be made by the Church to any of its directors or officers, as provided for in these Bylaws. The Board shall adopt and maintain a Conflicts of Interest Policy that provides for full disclosure of material conflicting interests by directors, officers, Lead management, and employees, and permits the Board to determine whether any contemplated transaction may be authorized as just, fair and reasonable as to the Church.
No compensation for being directors/officers: Whether or not employed by the Church for other purposes, directors, officers, and members of any committee of the Board of Directors shall for their director/officer duties be regarded as volunteers and serve without compensation for those duties, but shall be entitled to reimbursement for any reasonable expenses incurred on behalf of the Church. Any director or officer barred from receiving compensation under these provisions shall not be barred from serving the Church in any other appropriate capacity and receiving reasonable compensation for such other services.
Section 4. Appointment, Number, Term, and Qualifications.
4.1 Number, Selection and Term
The Directors shall be composed of at least three members of the Advisory Board, who are appointed by the Lead Pastor and approved by a majority of the Advisory Board and the Lead Pastor who shall chair the Board of Directors. Other than the Lead Pastor, Directors may not be employees or staff members of the Church, nor can they be related by blood or marriage to employees or staff members. The Members of the Board shall be elected individually for a three-year term by a majority vote of the Advisory board. There shall be three annual classes of Board members so that approximately one third are up for election every third year to keep consistency in the Board. The authorized number of Board Members shall be such number as may from time to time be authorized by the Lead Pastor, provided that such number shall not be less than three (3) and no more than (15). Board Members (except for the Lead Pastor) may not serve more than two successive terms without taking a year off before being reelected.
4.2 Removal
The Pastor may dismiss Directors without cause with the majority of Advisory Board’s approval, but at a rate that does not exceed one dismissal every six months. The Lead Pastor may dismiss two or more Directors without cause with a three quarter’s majority approval of the Advisory Board and unanimous approval of the Overseers. In the event that the office of Lead Pastor is vacant, the Secretary who will serve as interim chairman may appoint or dismiss Directors subject to the same limitations that apply to appointments and dismissals by the Lead Pastor in accordance with this paragraph and Article 6, Section 4, Para. 1.
4.3 Exclusive Role
Because the Directors are responsible for the major financial decisions of the church, they must resign their position on the board if they ever become a staff member or take any other paid position within the church. Volunteer work within the church is encouraged, but paid positions may constitute a conflict of interest.
Section 5. Meetings.
5.1 Frequency of Meetings
A meeting of the Directors shall be held at least twice a year. The Lead Pastor, or any Director may call a meeting at any time, under the condition that a majority (2 or more) of the Directors attend the meeting.
5.2 Leadership of Meetings
If at all possible, the Lead Pastor is to attend and lead each Directors meeting. If not possible, the Secretary shall lead the meeting. If neither the Pastor nor the Secretary is able to lead the meeting, the Directors must choose a leader for that meeting and proceed in order, with the appointed leader keeping minutes for the record. Any motions passed and recorded in a meeting without the Pastor or the Secretary may not take effect until the following meeting with either the Pastor or the Secretary present when the minutes of the previous meeting are approved.
5.3 Location of Meetings
Any meeting of the Directors may be held at such place or places as shall from time to time be determined by the Directors or fixed by the Lead Pastor and designated in the notice of the meeting.
5.4 Written Notice of Meetings
Whenever, under the provisions of a statute or the Articles of Incorporation or these Bylaws, a written notice is required to be given to any Trustee: (1) such notice may be given in writing by fax, email or by regular mail at such fax number, email address or address as appears on the books of the Church and such notice shall be deemed to be given at the time the notice is faxed, emailed or mailed; (2) the person entitled to such notice may waive the notice by signing a written waiver either before, at or after the time of the meeting; and (3) the appearance of such person or persons at the meeting shall be equivalent to signing a written waiver of notice.
5.5 Regular Meetings
The Directors may establish times and places for regular meetings. No notice shall be required for any regular meeting.
5.6 Board of Directors Action without Meeting
Any action, which may be taken at a meeting of the Directors, may be taken without a meeting if consent in writing setting forth the action taken is signed by all the Directors and such action shall be effective as of the date specified in the written consent.
5.7 Teleconferencing
At any meeting of the Directors, any person may participate in the meeting by telephone provided all members of the Directors present at the meeting or by telephone can hear and speak to each other. Participation by telephone shall be equivalent to attending the meeting in person.
5.8 Quorum.
A majority (2 or more) of the Directors shall constitute a quorum for the transaction of business at any meeting. The act of a majority of the Directors shall be the act of the Board of Directors. In the absence of a quorum at any meeting, a meeting of the Directors present may adjourn the meeting without further notice until a quorum shall be established.
ARTICLE SEVEN
LEAD PASTOR OF THE CHURCH/
PRESIDENT OF THE CHURCH
Section 1. The office of The Lead Pastor
1.1 Because Destiny Church has two complimentary branches; the spiritual body of believers and the legal Church, it is the Lead Pastor that administratively bridges the gap between the two branches. Even though the dual roles are sometimes awkward, because the Lead Pastor is primarily responsible for the spiritual life of the church, it requires that the Pastor be in a position corporately to insure that financial strength is directed toward the ministries of his choice.
1.2 Responsibilities of the Lead Pastor.
It is the Pastor's responsibility to:
¨ Provide biblical vision and direction for the congregation,
¨ Define and communicate the church’s purpose,
¨ Oversee and coordinate the day to day ministry of the congregation and administration of the church,
¨ Appoint a Board of Overseers pursuant to Article Eight,
¨ Recognize and enlist apostolic, prophetic, evangelistic, pastoral and teaching ministries, and additional staff members as he deems biblical and necessary for the healthy and balanced spiritual ministry to the body of believers,
¨ Select Directors pursuant to Article Six who will help oversee the business of the Church ,
¨ Staff the church as he deems necessary to help administrate the affairs of the Church.
1.3 The Pastor’s Spiritual Leadership.
In his role as Lead Pastor, he may work with Overseers, the Advisory Board, staff members, or anyone serving in any five-fold ministry offices as outlined in Ephesians 4:11-13 in any way that he determines is Biblical. In addition, he may budget moneys, hire staff, develop projects or ministry, and create cell groups or other specialized ministries according to his convictions and Biblical understanding. He shall have the authority to appoint and approve any assistants that are necessary to properly carry on the work of the Church.
1.4 The Pastor’s Responsibility for Services.
Times, order of services, and the leadership of services are to be determined by him or by the spiritual church structure that he establishes. No person shall be invited to speak, teach or minister at a service held in church-owned facilities, or in the name of the church, without the approval of the pastor or the appropriate member of the established church ministry team.
Section 2. The Office of The President
2.1 The President
The Church finds its headship under the Lord Jesus Christ and in its President. The Lead Pastor shall serve as the President and Chief Executive Officer of the Church. If possible, he shall preside at all meetings of the Board of Directors and shall see that all orders and resolutions of the Board are put into effect. He shall execute in the name of the Church all deeds, bonds, mortgages, contracts, and other documents authorized by the Board of Directors. He shall be an ex-officio member of all standing committees, and shall have the general powers and duties of supervision and management usually vested in the office of the president of a Church.
2.2 The President’s Role with Directors
The President is the non-voting chairman of the Board of Directors. He calls meetings and determines the agenda in consultation with the Directors. He shall make selections to the Board of Directors from the Advisory Board at a rate not to exceed one new appointment every six months in accordance with Article 6. The President may also dismiss Directors members, but at a rate that does not exceed one dismissal every six months in accordance with Article 6, Section 4, Para. 2.
2.3 The President’s Role in Administration
The President is the Lead administrator of the church. He is ultimately responsible for all day-to-day administrative decisions of the church.
2.4 The President’s Role with Staff
The President hires, directs and dismisses staff. As the Lead Pastor, his call is confirmed to the church through the congregation, and those hired through him are to assist him in fulfilling this calling.
2.5 The President’s Role in Establishing Salaries
The President and Directors determine all salaries and write pay scales for full-time salaried employees. Pay scales shall be explained to new full-time salaried employees and, should they ever be changed, they will be given in writing to the affected employees. If there is a severance pay agreement, that too must be given to the employee in writing. In addition, all part-time salaries and hourly wages are variable and are to be determined between the President and the employee.
2.6 The President’s Salary Exceptions
The Directors may provide additional benefits, which are unique to the Lead Pastoral position. They may, for example, choose to provide an additional retirement benefit in order to compensate for the fact that the Lead Pastor is unable to build equity in a home while living in a church owned parsonage. They may also choose to reduce the amount of time the Lead Pastor is required to keep a vehicle before it is replaced. The Directors and not the Lead Pastor must initiate these benefits or any others like them because these benefits are optional and not required to be provided. They are purely an attempt to reward many years of faithful service.
2.7 Budget
An annual budget must be prepared. The President and Treasurer are to write the budget in order to finance the basic ministry needs of the church (salaries, taxes, bills, missions, benevolence, department financial allocations, etc.). He is free to reflect his values and wisdom in his budget portion. Then, the President and Treasurer are to work with the Directors to refine the budget. The Lead Pastor, Treasurer and a majority of the Board of Directors must approve the budget.
2.8 Expenditures
Budgeted amounts are not to be considered actual monies available. Nothing can be spent by the President except actual funds that are available, and those monies are to be spent according to the budget. The President may not borrow money, sign leases, buy or sell real estate, or make any agreements that could force indebtedness upon the church. Should the church borrow, the Directors may give the President authority to spend those monies on the project for which the funds were borrowed. All undesignated monies that are available to the Church above budgeted amounts are deemed discretionary and are available to be spent by the President, but he may only obligate funds currently on hand.
ARTICLE EIGHT
OVERSEERS
8.1 Destiny Church Requirements to be an Overseer.
The members of the Board of Overseers must be active Lead Pastors of respected congregations who know and love Destiny Church and its Lead Pastor. They must agree to make themselves available at their own expense to serve Destiny Church if requested by the Advisory Board (Article 13, Section 2), and must be willing to provide spiritual protection to the church through prayer and by living an honorable Christian lifestyle.
8.2 Biblical Qualifications for Overseers
"Now the overseer must be above reproach, the husband of but one wife, temperate, self-controlled, respectable, hospitable, able to teach, not given to drunkenness, not violent but gentle, not quarrelsome, not a lover of money. He must manage his own family well and see that his children obey him with proper respect. (If anyone does not know how to manage his own family, how can he take care of God's church?) He must not be a recent convert, or he may become conceited and fall under the same judgment as the devil. He must also have a good reputation with outsiders, so that he will not fall into disgrace and into the devil's trap" (1 Timothy 3: 2-7).
8.3 Number, Selection and Function of Overseers
A Board of Overseers will be nominated by the Lead Pastor and confirmed by the Advisory Board. There shall be a minimum of three Overseers in place with a maximum of five. The Lead Pastor will be accountable to the Overseers in the event of alleged misconduct in compliance with Article Thirteen
8.4 Installing new Overseers.
Each year the Lead Pastor may replace one of the Overseers and enter that change into the minutes of a Directors meeting. The Advisory Board must confirm this change. If disciplinary action is being considered, changes in the Board of Overseers may not be made until its work is completed.
ARTICLE NINE
ADVISORY BOARD
Section 1. Purpose.
1.1 Spiritual Role
The Advisory Board is comprised of both pastors and laypeople. This group should include experts in finance, law, business and ministry. It is essential that this team have the same vision for the church as that of the Lead Pastor.
1.2 Definition
The Advisory Board is made up of men or women who serve as members within the local church. The number of Advisors shall be determined by the Lead Pastor but shall not be less than seven.
1.3 Functions
The functions of the Advisors are:
1) Maintain and teach by living a godly, Christian lifestyle.
2) Provide a prayer shield for the pastoral team and the local church.
3) Defend, protect and support the integrity of the pastoral team and the local church.
4) Give Godly counsel.
5) Confirm or reject pastoral appointments to the Board of Directors and the Board of Overseers.
6) Contact the Board of Overseers to initiate investigation and potential discipline of the Lead Pastor.
1.4 Nomination and Appointment to the Advisory Board.
Advisory Board members will be appointed by the church pastoral staff made up of the Lead Pastor, Executive Pastor and the Campus Pastors. However, each appointee must be approved by the entire Advisory Board membership. The term of office for each Advisory Board member shall be two years.
1.5 Removal
The Pastor may dismiss Advisory Board members without cause.
Section 2. Meetings.
2.1 Frequency of Meetings
A meeting of the Advisory Board is held at the discretion of the Lead Pastor.
2.2 Leadership of Meetings
If at all possible, the Pastor is to attend and lead each Advisory Board meeting. If not possible, the Secretary/Treasurer shall lead the meeting.
2.3 Location of Meetings
Any meeting of the Advisory Board may be held at such place or the Lead Pastor shall from time to time determine places as.
ARTICLE TEN
OFFICERS
Section 1. Officers.
The officers of the Church shall be a President, Secretary and Treasurer and any other officers that the Directors may authorize from time to time.
Section 2. Appointment, Election and Term of Office.
2.1 Appointment of the President
The appointment and responsibilities of the President are listed in Article Five and Seven above.
2.2 Appointment of Secretary and Treasurer
The Secretary and Treasurer are to be nominated by the President and approved by the Directors. The term of this office shall be for two years and can be reelected with no term limitation. Should the Directors fail to approve of the nomination of the President, other nominations must be made until a suitable candidate to the Directors is nominated. The President may remove the Secretary or Treasurer with the majority of the Board’s approval.
2.3 New Offices
New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor has been duly elected and qualified.
Section 3. Removal of Officers
3.1 Overseers Responsibility for the President
The Overseers of the church may discipline or remove the President according to Article Thirteen.
3.2 Directors Responsibility for all other officers
The Board may remove any officer elected or appointed by the Board of Directors whenever in its judgment the best interests of the Church would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed.
Section 4. Powers of Officers.
4.1 The President
The powers of the President are listed in Article Seven above.
4.2 The Secretary
The Secretary should be a Director as well as an officer of the Church. As Secretary, he shall act as clerk and record (or have recorded) all votes and the minutes of all proceedings in a book to be kept for that purpose. He shall oversee the keeping of the membership rolls of the Church, and in general perform the duties usually incident to the office of Secretary, and such further duties as shall be prescribed from time to time by the Board of Directors or by the President.
4.3 The Treasurer
The Treasurer should be a Director as well as an officer of the Church. As Treasurer, he shall oversee the keeping of full and accurate accounts of the receipts and disbursements in books belonging to the Church, and shall oversee the deposit of all moneys and other valuable effects in the name and to the credit of the Church in such banks and depositories as may be designated by the President. He does not determine expenditures, but he shall oversee the disbursement of the funds of the Church as may be ordered by the Directors or the President. He shall perform the duties usually incident to the office of Treasurer and such other duties as may be prescribed from time to time by the Board of Directors or by the President.
4.4 Reviewed and Audited Financial Statements
The Secretary shall serve on the Audit Review Committee and report to the Directors after it’s review of the annual review or audit. If the church does not have an annual review or audit, the Treasurer is to provide to the Board a report on the previous years income and disbursements.
4.5 Cash Flow Statements
The Treasurer is to work with the President to provide an annual cash flow statement that must accompany all giving receipts to members. That report is to include the specific amounts of cash remunerations received from the church to specific pastoral staff members. Benefits, support staff salaries, and other items may be grouped together, but the cash portion of the pastoral pay packages must be itemized individually.
4.6 Public Availability of Annual Financial Statements
The Treasurer shall insure that current audited financial statements are available to anyone upon written request and the previous years cash flow statements are available to all contributors to the church.
Section 5. Director’s Selection of Additional Officers:
In case of the absence of any officer of the Church except the President, or for any other reason that may seem necessary to the Board, the Board of Directors, by a majority vote, may delegate the duties and powers of that officer for the time being to any other officer, or to any Director.
ARTICLE ELEVEN
BUSINESS PRACTICES
Section 1. Fiscal Year.
The fiscal year of the Church shall be the calendar year.
Section 2. Contracts.
The Board of Directors may authorize any officer or officers, agent or agents of the Church, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Church. Such authority may be general or may be confined to specific instances.
Section 3. Checks, Drafts, or Orders.
All checks, drafts, orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Church shall be signed by such officer or officers, agents or agents of the Church , and in such manner, as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, either the Secretary/Treasurer or the President of the Church in accordance with their duties outlined in these Bylaws may sign such instruments.
Section 4. Deposits.
All funds of the Church shall be deposited to the credit of the Church in such banks, trust companies, or other depositories as the Board of Directors may select in accordance with these Bylaws.
Section 5. Gifts.
The President/Lead Pastor may accept on behalf of the Church any contribution, gift, bequest or device for any purpose of the Church.
Section 6. Books and Records.
The Church shall keep correct and complete books and records and shall also keep minutes of the proceedings of its members, Board of Directors, committees having and exercising any of the authority of the Board of Directors, and any other committee, and shall keep at the principle office a record giving the names and addresses of all Board members entitled to vote. Any member may inspect books and records of the Church for any proper purpose at any reasonable time as approved by a majority of the Directors on a case-by-case basis.
Section 7. Designated Contributions. The Church may accept any designated contribution, grant, bequest or devise consistent with its general tax exempt purposes, as set forth in the Articles of Incorporation. As so limited, donor designated contributions will be accepted for special funds, purposes or uses, and such designations generally will be honored. However, the Church shall reserve all right, title and interest in and to and control of such contributions, as well as full discretion as to the ultimate expenditure or distribution thereof in connection with any funds (including designated contributions) to assure that such funds will be used to carry out the Church’s tax exempt purposes.
ARTICLE TWELVE
CHURCH MINISTRY
Section 1. Minister Ordination and Licensing.
1.1 Role of the Pastoral Staff
The Lead Pastor and pastoral staff may ordain and/or license a person as a minister of the Gospel after first examining the applicant's background, his moral and religious character, and previous Bible courses and/or independent study he has completed. Final determination shall be within the discretion of the Lead Pastor.
1.2 Application
Application for ordination and/or licensing as a minister of the Gospel shall be on the form provided by the Lead Pastor. An application shall be either approved or denied within thirty days of the completion of the investigation of the applicant by the Pastoral staff. Those applicants who are approved shall receive a certificate evidencing the approval.
1.3 Ability to limit ministry validification
The Lead Pastor may at his own discretion limit any licensee or ordained minister to an area of special emphasis.
Section 2. Ministry Training.
The Lead Pastor and his staff may establish a School of Ministry, setting forth a prescribed curriculum and course of study leading to ordination and licensing of ministers. The School of Ministry shall prepare students in the knowledge of the Word of God and in ministering to people's needs through the Gospel of Jesus Christ.
ARTICLE THIRTEEN
DISCIPLINE OF LEAD PASTOR
13.1 Criteria for Discipline
Should the Lead Pastor demonstrate immoral conduct, financial practices, or theological views that in the opinion of a majority of the Board of Advisors may require either personal correction or termination of his position, the Board of Advisors shall contact the Lead Pastor by certified mail, and then, if necessary, the Overseers for investigation and evaluation of any appropriate discipline. (See Article Nine, Para. 3).
13.2 Process for Investigation
Should the Overseers be asked to investigate alleged pastoral misconduct, a consensus of a majority of the Overseers is required to take disciplinary action. With such a consensus, the Overseers shall assume complete authority over the Lead Pastor; they may decide to remove him from his position or to discipline him in any way they deem necessary. The Overseers have no authority in Destiny Church unless contacted by the Board of Advisors, and then only insofar as permitted under these Bylaws.
13.3 Motivation
It is the intention of the Church to protect the hearts of all involved in matters of pastoral discipline. With the method outlined above, the "sheep" never have to pass judgment upon their "shepherd."
ARTICLE FOURTEEN
TRUSTEES
The Board of Directors may appoint Trustees, if desired and necessary, to receive and hold title to real, personal, and mixed property received by the Church, and to perform such other acts and services as are requested by the Board of Destiny Church.
ARTICLE FIFTEEN
COMMITTEES AND ADVISORY BOARDS
Section 15.1 Board Committees. The Board, by majority vote of all Directors in office, may appoint two or more persons from among its own number to serve as special and standing Board committees, such as the Board may determine are necessary, which shall have such powers and duties as shall from time to time be prescribed by the Board. Except as otherwise provided by law, the Articles of Incorporation, these Bylaws, or by a Resolution of the Board, each Board committee may exercise the authority of the Board.
Section 15.2 Advisory Committees. The Pastors and/or The Board may establish such advisory committees as are determined are necessary or useful for the business and operations of the Church. These committees shall not exercise the authority of the Board, shall have no vote or governance role, and shall have only such advisory duties and authorities as shall from time to time be prescribed by the Board.
Section 15.3 Committee Rules and Procedures. All members of Board and advisory committees shall serve at the pleasure of the Board. Rules governing procedures for meetings of any committee shall be established by the Board, or in the absence thereof, by the committee itself. Actions taken by Board committees shall be promptly reported to the Board, but need not be ratified by he Board unless otherwise required by statute, these Bylaws, or committee procedures imposed by the Board. The Board shall have authority to make appointments to each committee, to designate the chair thereof, to fill vacancies in, to change the size or membership of, and to discharge any such committee as it deems appropriate. The delegation of duties or authority to any committee shall not operate to relieve the Board or any member of the Board from any responsibility imposed by law.
Section 15.4 Benevolent Committee. The Benevolent Committee shall establish procedures to receive and disburse by check all funds allocated to them. It shall be the duty of this committee to determine The Benevolent Committee shall consist of least three (3) members. This Committee shall examine the need of the recipients of these designated funds under an approved Benevolence Policy. They shall also receive and distribute clothes, food and household furnishings and other items, as they deem necessary to distribute accordingly.
ARTICLE SIXTEEN
SETTLEMENT OF DISPUTES WITHIN OR AGAINST CHURCH
In any dispute arising between or among Church members, the dispute may be resolved by the Church Board (or a duly appointed team from the Church Board) under the Christian Conciliation Rules and Procedures published at www.hispeace.org. All employees, contractors and vendors of the Church shall be asked to sign policies or contracts with the Christian Dispute Resolution clause in it. Christian mediation should be attempted but if it does not resolve the dispute then legally binding Christian Arbitration shall be employed by the Board or indivuduals selected by the Board in accordance with the Rules of Procedure for Christian Conciliation found at www.HisPeace.org. A decision shall be reached after prayerful consideration, in a spirit of humility, with each Arbitrator seeking that which most glorifies God and regarding one another before himself.
Any claim or dispute arising between or among Church members, pastors or staff and the Church shall be settled by mediation and, if necessary, legally binding arbitration in accordance with the Rules of Procedure for Christian Conciliation of the Institute for Christian Conciliation, a division of Peacemaker® Ministries (complete text of the Rules is available at www.HisPeace.org).
Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. Members, pastors, staff or third party vendors/contractors shall understand that these methods shall be the sole remedy for any controversy or claim arising within the Church or against the Church and expressly waive their right to file a lawsuit in any civil court against one another or the Church for such disputes, except to enforce an arbitration decision. In that case, judgment upon an arbitration award may be entered by any court having competent jurisdiction, in conformity with the laws of the Commonwealth of Virginia.
ARTICLE SEVENTEEN
AMENDMENT OF BYLAWS
These Bylaws may be altered, amended, or repealed, and new Bylaws may be adopted, by a majority vote of the Board of Directors AND Board of Advisors at any regular meeting of the Boards. At least five days written advance notice of said meeting shall be given to each member of the Board. In the written notice, proposed changes must be explained. These Bylaws may also be altered, amended, or repealed and new Bylaws may be adopted by consent in writing signed by all of the Board of Directors and majority of the Board of Advisors.
