Should your church
update its bylaws?
While these documents may seem administrative gobbledygook, bylaws are the bedrock of church governance.
Let's be honest, when we hear the term "church bylaws," our immediate reaction could be to yawn out of sheer boredom. We may dismiss them as a mere formality or a box that needs to be ticked off on our to-do list. However, this perspective is uninformed.
The significance of church bylaws is frequently overlooked, often resulting in them being neglected, ignored and seldom reviewed or updated. However, the strength or weakness of your church could depend heavily on the content of these bylaws.
Church bylaws serve as the principal governing document for a church. They become indispensable during times of crisis. While they are distinct from the policies and procedures that oversee daily operations, bylaws are intended to work in conjunction with them. Bylaws provide an aerial perspective on church governance, whereas policies cater to the nitty-gritty of ground-level operations. Effective governance of a church requires both of these components.
Carefully crafting bylaws with a specific purpose can yield multiple benefits for a church. This process can help establish a governance structure with necessary checks and balances, promoting a healthy distribution of leadership throughout the church's hierarchy. Bylaws can also set up an administrative "standard of care" for managing operations, dealing with conflicts, or handling potential litigation. They also define leadership roles, powers, and duties and outline the qualifications and responsibilities of membership.
This seminar (below) overviews the essential elements of church bylaws. It discusses when and how to update them and covers current societal and legal issues that may require updating your church's bylaws.
This webinar is presented by Max Herr, president of Church & Ministry Compliance Consulting. He has more than 25 years of experience in insurance, financial services, compliance and governance, including more than 10 years as a church treasurer. Max served as a church compliance specialist for the California Southern Baptist Convention for six years.
Summary of “Time to Update Your Church Bylaws” Webinar
Building a Strong Foundation: The Essential Role of Church Bylaws
Navigating Governance: How Bylaws Shape Church Operations
Bylaws Decoded: Your Church's Roadmap to Effective Management
The Dynamic Nature of Church Bylaws: Adapting for the Future
Beyond the Legal: Understanding the Spiritual and Corporate Personalities of Your Church
Avoiding Conflict: The Importance of Clear Bylaws in Church Leadership
Policies, Procedures, and Bylaws: Creating a Comprehensive Governance Framework
Modern Challenges, Modern Solutions: Updating Bylaws for the Digital Age
Crafting Unity: Collaborative Approaches to Developing Church Bylaws
Legal Safety Nets: How Well-Written Bylaws Protect Your Church
Sequence of Topics Covered in “time to update your church bylaws?” webinar
Introduction to Church Bylaws
Definition and purpose of church bylaws
Importance of reviewing bylaws regularly
Current Issues in Churches
Recent conflicts in Arkansas church without bylaws
Consequences of lacking bylaws during disputes
Importance of Bylaws
Legal requirements for incorporated churches
Impact of state regulations on churches without bylaws
Distinction between church's spiritual and civil identity
Structure of Bylaws
Dynamic nature of bylaws
Periodic maintenance and review frequency
Importance of clear and explicit language
Guidelines for flexibility (using "may" vs. "shall")
Governance and Doctrine
Differentiating governance from doctrinal issues
Internal nature of bylaws and their non-public status
Need for a historic record of bylaws
Policies and Procedures Manual
Relationship between bylaws and policies and procedures
Importance of documentation and clarity in operations
Procedures for governance and administrative functions
Common Weaknesses in Bylaws
Ambiguous language and lack of clarity
Importance of well-structured documents
Addressing powers and authorities clearly
Membership Definitions
Necessity of defining active vs. inactive members
Process for church discipline
Meeting Regulations
Importance of meeting notices and quorum requirements
Distinction between worship and business meetings
Challenges posed by virtual meetings
Emergency Provisions
Need for provisions regarding emergencies and exigent circumstances
Authority to act in emergencies without a vote
Modernizing Bylaws
Updating bylaws to include virtual meeting guidelines
Importance of flexibility in governance
Best Practices
Using laypersons to review bylaws effectively
Importance of clarity and simplicity in language
Guidelines for addressing financial assets and endowments
Conclusion
Summary of the importance of bylaws in church governance
Encouragement to consult experts and utilize available resources for drafting and revising bylaws.
Timestamped Overview of Webinar on Church Bylaws
00:00:02-00:01:52
Introduction by Roy Harryman: Roy Harryman from Ministry Pacific welcomes participants and introduces the topic: the importance of church bylaws.Max Herr, an expert in church compliance, is introduced as the guest speaker.A recent conflict in a 132-year-old church in Arkansas is cited to highlight the need for bylaws.
00:01:53-00:18:05
Max Herr's Presentation Begins: Focus on "Governance Through Bylaws".Emphasis on intentionality when creating bylaws to anticipate future needs.The importance of bylaws in establishing a church's governance structure and avoiding state regulations.Bylaws as a dynamic document, needing periodic review and updates (every 2 years).Bylaws must include mandatory ("shall") and discretionary ("may") language appropriately.
00:18:09-00:19:56
Importance of Documents: Articles of incorporation, IRS documentation, and bylaws as essential permanent records.
00:19:59-00:21:26
Internal vs. External Governance: Bylaws serve as internal guiding documents, not required to be filed externally.
00:21:29-00:52:36
Structure and Clarity in Bylaws: Emphasis on structure and clarity in bylaws to avoid confusion and ambiguity. The role of grammar and precise language in bylaws to prevent misinterpretation. Recommendations against including extensive doctrinal content in bylaws, suggesting use of a policy and procedures manual instead.
00:52:38-01:12:53
Modernization and Flexibility: The need to address modern challenges in bylaws, such as virtual meetings and electronic voting.Proposal for including emergency provisions for decision-making during crises.
01:12:56-01:17:18
Committee and Decision-Making Structures: Recommendations on structuring committees and decision-making processes within the church.
01:17:21-01:40:08
Practical Guidance on Bylaws: Strategies for churches to manage the bylaws process, including forming committees and using external guidance. Discussion on the review frequency and process for bylaws and policies.
01:40:09-01:43:01
Closing Remarks: Max Herr encourages churches to reach out for assistance in drafting or reviewing bylaws. Acknowledgment of the role of good governance in minimizing conflict and legal issues within churches.